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FL S0446

Bill

Status

Introduced

11/14/2023

Primary Sponsor

Corey Simon

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Creates a new section of Florida law (s. 709.2209) establishing "supported decisionmaking agreements," which allow an agent to receive information and communicate on behalf of a principal without the authority to bind or act on behalf of the principal, and explicitly states such agreements are not durable powers of attorney

  • Requires circuit courts considering guardian advocate appointments for persons with developmental disabilities to evaluate the person's unique needs and abilities, including the ability to independently exercise rights with appropriate assistance, and to only delegate tasks the person lacks the ability to exercise

  • Amends petition requirements for both guardian advocate appointments and incapacity determinations to include whether the person uses assistance such as supported decisionmaking, and if so, why that assistance is insufficient to meet the person's needs

  • Allows examining committee members in incapacity proceedings to permit a person to assist in communicating with the alleged incapacitated person when requested by court-appointed counsel, and requires documentation of any assistance provided

  • Adds supported decisionmaking agreements to the list of options that must be discussed with students with disabilities and their parents at least one year before the student reaches the age of majority as part of IEP transition planning, effective July 1, 2024

Legislative Description

Supported Decisionmaking Authority

Last Action

Laid on Table, refer to HB 73

3/4/2024

Committee Referrals

Rules1/17/2024
Children, Families, and Elder Affairs1/9/2024

Full Bill Text

No bill text available