26870375, 58M-2.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26870375

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ELDER AFFAIRS

Division:

Office of Public and Professional Guardians

Chapter:

GUARDIANSHIP

Overview

RULE:

58M-2.001	Professional Guardian Registration and Credit Investigation
58M-2.003	Professional Guardian Coursework and Competency Examination
58M-2.005	Confidentiality (Repealed)
58M-2.007	Electronic Fingerprint Criminal History Record Check
58M-2.009	Standards of Practice
58M-2.011	Disciplinary Action and Guidelines

PURPOSE:

PURPOSE AND EFFECT: Rulemaking is necessary to amend the definition of “employee with fiduciary responsibility,” and to add the definition of “adverse background screening history information.”  To update the registration process; the Professional Guardian Registration Form, DOEA/OPPG Form 001 and Professional Guardian Employee Registration Form, DOEA/OPPG Form 002; the professional guardian coursework and competency examination process including required courses; the electronic and fingerprint criminal history record check and requirements; standards of practice; disciplinary action and guidelines; and sunset provisions.  To add language regarding required monitoring documentation or forms; and to establish and clarify complaint procedures in Rule 58M-2.010; and to address scrivener’s errors.

SUBJECT:

Guardianships

RULEMAKING AUTHORITY:

744.2004, 744.20041, F.S.

LAW:

744.2002, 744.2004, and 744.20041, F.S.

PRINT PUBLISH DATE:

2/27/2023 Vol. 49/39

RELATED STATUTES
AND LAWS:

744.2004, 744.20041, F.S., 744.2002, 744.2004, and 744.20041, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=58M-2.001&PDate=2/27/2023&Section=1

REFERENCE MATERIALS:

No reference(s).

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