Florida Senate - 2021 SB 1010 By Senator Gruters 23-00214B-21 20211010__ Page 1 of 35 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to supported decision-making; amending 2 s. 393.12, F.S.; requiring that petitions submitted in 3 support of appointment of a guardian advocate state 4 the petitioner’s efforts to use alternatives to 5 guardianship before seeking such appointment; 6 requiring courts to determine whether a person with a 7 developmental disability has executed a supported 8 decision-making agreement in proceedings in which a 9 guardian advocate is appointed; requiring courts to 10 specify in orders any portion of an agreement which is 11 suspended by the court; prohibiting such suspensions 12 unless the court makes certain determinations; 13 amending s. 744.102, F.S.; defining the term 14 “alternative to guardianship”; amending s. 744.3201, 15 F.S.; requiring that petitions submitted in support of 16 a determination of incapacity state the petitioner’s 17 efforts to use alternatives to guardianship before 18 seeking such a determination; amending s. 744.334, 19 F.S.; deleting the definition of the term 20 “alternatives to guardianship”; amending s. 744.3675, 21 F.S.; revising requirements for annual guardianship 22 plans; creating ch. 746, F.S., entitled “Supported 23 Decision-Making”; providing a directive to the 24 Division of Law Revision; creating s. 746.101, F.S.; 25 providing a

short title; creating s. 746.102, F.S.; 26 providing legislative findings; creating s. 746.103, 27 F.S.; defining terms; creating s. 746.104, F.S.; 28 prohibiting adults from entering into supported 29

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 2 of 35 CODING: Words stricken are deletions; words underlined are additions. decision-making agreements unless specified conditions 30 are met; providing a presumption of capacity for 31 adults; specifying that the manner in which an adult 32 with a disability communicates with others is not 33 grounds for a court to determine that the adult is 34 incapable of managing his or her affairs; prohibiting 35 an adult’s execution of a supported decision-making 36 agreement from being used as evidence of his or her 37 incapacity; specifying that the execution of such 38 agreements does not preclude the ability of 39 decisionmakers to act independently of the agreement 40 or of their supporters; specifying that decisionmakers 41 are considered to have capacity even if capacity is 42 achieved by receiving decisionmaking assistance; 43 authorizing a decisionmaker to make, change, and 44 revoke a supported decision-making agreement even if 45 he or she does not have the capacity to independently 46 manage his or her health care, legal matters, and 47 financial affairs; creating s. 746.105, F.S.; 48 authorizing adults with disabilities to enter into 49 supported decision-making agreements with supporters; 50 requiring and authorizing supporters to perform 51 specified actions under such agreements; authorizing 52 adults with disabilities who are under guardianship or 53 guardian advocacy to enter into supported decision-54 making agreements under certain conditions; providing 55 that supported decision-making agreements may refer to 56 and be used in conjunction with other legal documents; 57 authorizing decisionmakers to designate a supporter to 58

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 3 of 35 CODING: Words stricken are deletions; words underlined are additions. act as a preneed guardian; creating s. 746.106, F.S.; 59 providing requirements for execution of a supported 60 decision-making agreement; creating s. 746.107, F.S.; 61 providing for the duration and termination of 62 supported decision-making agreements; creating s. 63 746.108, F.S.; authorizing supporters to assist 64 decisionmakers with obtaining certain information; 65 requiring decisionmakers to provide specific consent 66 before a supporter provides such assistance; providing 67 duties for supporters relating to such information; 68 creating s. 746.109, F.S.; specifying elements of 69 supported decision-making agreements; specifying 70 provisions that may be included in such agreements; 71 creating s. 746.1011, F.S.; providing a suggested form 72 for supported decision-making agreements; creating s. 73 746.1012, F.S.; requiring that decisions and requests 74 communicated with the assistance of a supporter be 75 recognized as decisions and requests of the 76 decisionmaker; creating s. 746.1013, F.S.; providing 77 that persons who are provided with supported decision-78 making agreements may rely on the agreements; 79 providing that a person is not subject to criminal or 80 civil liability and has not engaged in professional 81 misconduct for certain acts and omissions under 82 specified conditions; providing immunity from certain 83 actions to certain health care providers and public 84 and private entities, custodians, and organizations, 85 under certain conditions; requiring educational 86 agencies and institutions to allow supporters to 87

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 4 of 35 CODING: Words stricken are deletions; words underlined are additions. participate in certain school functions and meetings 88 and have access to educational records under certain 89 conditions; providing construction; creating s. 90 746.1014, F.S.; requiring public schools to provide 91 information about supported decision-making agreements 92 under certain conditions; requiring public schools to 93 ensure that certain informational materials include 94 information relating to supported decision-making; 95 requiring public schools to provide information and 96 training to specified staff members; amending s. 97 744.2003, F.S.; conforming a cross-reference; 98 providing an effective date. 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102

Section 1. Subsections (3) and (7) of

section 393.12, 103 Florida Statutes, are amended to read: 104 393.12 Capacity; appointment of guardian advocate.— 105

(3) PETITION.—A petition to appoint a guardian advocate for 106 a person with a developmental disability may be executed by an 107 adult person who is a resident of this state. The petition must 108 be verified and must do all of the following: 109 (

a) State the name, age, and present address of the 110 petitioner and his or her relationship to the person with a 111 developmental disability.; 112 (

b) State the name, age, county of residence, and present 113 address of the person with a developmental disability.; 114 (

c) Allege that the petitioner believes that the person 115 needs a guardian advocate and specify the factual information on 116

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 5 of 35 CODING: Words stricken are deletions; words underlined are additions. which such belief is based.; 117 (

d) State the petitioner’s efforts to use alternatives to 118 guardianship, as defined in s. 744.102, before seeking the 119 appointment of a guardian advocate, including: 120 1. The alternatives to guardianship which were considered 121 and implemented; 122 2. If alternatives to guardianship were not considered or 123 implemented, the reason why alternatives to guardianship were 124 not considered or implemented; and 125 3. Any reasons why alternatives to guardianship are 126 insufficient to meet the needs of the person with a 127 developmental disability and allow that person to exercise his 128 or her own rights. 129 (

e) Specify the exact areas in which the person lacks the 130 decisionmaking ability to make informed decisions about his or 131 her care and treatment services or to meet the essential 132 requirements for his or her physical health or safety.; 133 (f)(

e) Specify the legal disabilities to which the person 134 is subject.; and 135 (g)(

f) State the name of the proposed guardian advocate 136 and, the relationship of that person to the person with a 137 developmental disability; the relationship that the proposed 138 guardian advocate had or has with a provider of health care 139 services, residential services, or other services to the person 140 with a developmental disability; and the reason why this person 141 should be appointed. If a willing and qualified guardian 142 advocate cannot be located, the petition shall so state. 143

(7) ADVANCE DIRECTIVES FOR HEALTH CARE, AND DURABLE POWER 144 OF ATTORNEY, AND SUPPORTED DECISION-MAKING AGREEMENTS.—In each 145

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 6 of 35 CODING: Words stricken are deletions; words underlined are additions. proceeding in which a guardian advocate is appointed under this 146 section, the court shall determine whether the person with a 147 developmental disability has executed any valid advance 148 directive under

chapter 765, or a durable power of attorney 149 under

chapter 709, or a supported decision-making agreement 150 under

chapter 746. 151 (

a) If the person with a developmental disability has 152 executed an advance directive, a or durable power of attorney, 153 or a supported decision-making agreement, the court must 154 consider and find whether the documents will sufficiently 155 address the needs of the person with a developmental disability 156 for whom the guardian advocate is sought. A guardian advocate 157 may not be appointed if the court finds that the advance 158 directive, or durable power of attorney, or supported decision-159 making agreement provides an alternative to the appointment of a 160 guardian advocate which will sufficiently address the needs of 161 the person with a developmental disability. 162 (

b) If an interested person seeks to contest an advance 163 directive, a or durable power of attorney, or a supported 164 decision-making agreement executed by a person with a 165 developmental disability, the interested person shall file a 166 verified statement.

The verified statement shall include the 167 factual basis for the belief that the advance directive, or 168 durable power of attorney, or supported decision-making 169 agreement is invalid or does not sufficiently address the needs 170 of the person for whom a guardian advocate is sought or that the 171 person with authority under the advance directive, or durable 172 power of attorney, or supported decision-making agreement is 173 abusing his or her power. 174

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c) If an advance directive exists, the court shall specify 175 in its order and letters of guardian advocacy what authority, if 176 any, the guardian advocate shall exercise over the person’s 177 health care surrogate. Pursuant to the grounds listed in s. 178 765.105, the court, upon its own motion, may, with notice to the 179 health care surrogate and any other appropriate parties, modify 180 or revoke the authority of the health care surrogate to make 181 health care decisions for the person with a developmental 182 disability. For purposes of this section, the term “health care 183 decision” has the same meaning as in s. 765.101. 184 (

d) If any durable power of attorney exists, the court 185 shall specify in its order and letters of guardian advocacy what 186 powers of the agent, if any, are suspended and granted to the 187 guardian advocate. The court, however, may not suspend any 188 powers of the agent unless the court determines the durable 189 power of attorney is invalid or there is an abuse by the agent 190 of the powers granted. 191 (

e) If a supported decision-making agreement exists, the 192 court must specify in its order and letters of guardian advocacy 193 any part of the agreement which is suspended; however, the court 194 may not suspend any part of the supported decision-making 195 agreement unless it determines that the supported decision-196 making agreement is invalid or there is an abuse by any of the 197 supporters. 198

Section 2. Present subsections (1) through (22) of

section 199 744.102, Florida Statutes, are redesignated as subsections (2) 200 through (23), respectively, and a new subsection (1) is added to 201 that section, to read: 202 744.102

Definitions.—As used in this chapter, the term: 203

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 8 of 35 CODING: Words stricken are deletions; words underlined are additions. (1) ”Alternative to guardianship” means an approach to 204 meeting a person’s needs which preserves more of his or her 205 rights than would the appointment of a guardian. Alternatives to 206 guardianship include, but are not limited to, an advance 207 directive as defined in s. 765.101, a durable power of attorney 208 as provided in

chapter 709, a representative payee under 42 209 U.S.C. s. 1007, a trust instrument as defined in s. 736.0103, 210 the designation of a health care surrogate as provided in 211

chapter 765, or a supported decision-making agreement as 212 provided in

chapter 746. 213

Section 3. Subsection (2) of

section 744.3201, Florida 214 Statutes, is amended to read: 215 744.3201 Petition to determine incapacity.— 216

(2) The petition must be verified and must: 217 (

a) State the name, age, and present address of the 218 petitioner and his or her relationship to the alleged 219 incapacitated person; 220 (

b) State the name, age, county of residence, and present 221 address of the alleged incapacitated person; 222 (

c) Specify the primary language spoken by the alleged 223 incapacitated person, if known; 224 (

d) Allege that the petitioner believes the alleged 225 incapacitated person to be incapacitated and specify the factual 226 information on which such belief is based and the names and 227 addresses of all persons known to the petitioner who have 228 knowledge of such facts through personal observations; 229 (

e) State the name and address of the alleged incapacitated 230 person’s attending or family physician, if known; 231 (

f) State which rights enumerated in s. 744.3215 the 232

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 9 of 35 CODING: Words stricken are deletions; words underlined are additions. alleged incapacitated person is incapable of exercising, to the 233 best of petitioner’s knowledge. If the petitioner has 234 insufficient experience to make such judgments, the petition 235 must so state; and 236 (

g) State the names, relationships, and addresses of the 237 next of kin of the alleged incapacitated person, so far as are 238 known, specifying the dates of birth of any who are minors; and 239 (

h) State the petitioner’s efforts to use alternatives to 240 guardianship, as defined in s. 744.102, before seeking a 241 determination of incapacity, including: 242 1. The alternatives to guardianship which were considered 243 and implemented; 244 2. If alternatives to guardianship were not considered or 245 implemented, the reason why alternatives to guardianship were 246 not considered or implemented; and 247 3. Any reasons why alternatives to guardianship are 248 insufficient to meet the needs of the alleged incapacitated 249 person and allow that person to exercise his or her own rights. 250

Section 4. Subsection (1) of

section 744.334, Florida 251 Statutes, is amended to read: 252 744.334 Petition for appointment of guardian or 253 professional guardian; contents.— 254

(1) Every petition for the appointment of a guardian shall 255 be verified by the petitioner and shall contain statements, to 256 the best of petitioner’s knowledge and belief, showing the name, 257 age, residence, and post office address of the alleged 258 incapacitated person or minor; the nature of her or his 259 incapacity, if any; the extent of guardianship desired, either 260 plenary or limited; the residence and post office address of the 261

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 10 of 35 CODING: Words stricken are deletions; words underlined are additions. petitioner; the names and addresses of the next of kin of the 262 alleged incapacitated person or minor, if known to the 263 petitioner; the name of the proposed guardian and the reasons 264 why she or he should be appointed guardian; whether the proposed 265 guardian is a professional guardian; the relationship and 266 previous relationship of the proposed guardian to the alleged 267 incapacitated person or minor; any other type of guardianship 268 under

part III of this

chapter or alternatives to guardianship 269 that the alleged incapacitated person or minor has designated or 270 is in currently or has been in previously; the reasons why a 271 guardian advocate under s. 744.3085 or other alternatives to 272 guardianship are insufficient to meet the needs of the alleged 273 incapacitated person or minor; and the nature and value of 274 property subject to the guardianship. The petition must state 275 whether a willing and qualified guardian cannot be located. As 276 used in this subsection, the term “alternatives to guardianship” 277 means an advance directive as defined in s. 765.101, a durable 278 power of attorney as provided in

chapter 709, a representative 279 payee under 42 U.S.C. s. 1007, or a trust instrument as defined 280 in s. 736.0103. 281

Section 5. Subsection (3) of

section 744.3675, Florida 282 Statutes, is amended to read: 283 744.3675 Annual guardianship plan.—Each guardian of the 284 person must file with the court an annual guardianship plan 285 which updates information about the condition of the ward. The 286 annual plan must specify the current needs of the ward and how 287 those needs are proposed to be met in the coming year. 288

(3) Each plan for an adult ward must address the issue of 289 restoration of rights to the ward and include: 290

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a) A

summary of activities during the preceding year that 291 were designed to enhance the capacity of the ward, including 292 whether supported decision-making as provided in

chapter 746 was 293 implemented. If supported decision-making was not implemented, 294 the plan must have a statement explaining the reason why it was 295 not implemented. 296 (

b) A statement of whether the ward can have any rights 297 restored. 298 (

c) A statement of whether restoration of any rights will 299 be sought. 300

Section 6. The Division of Law Revision is directed to 301 create

chapter 746, Florida Statutes, consisting of ss. 746.101-302 746.1014, Florida Statutes, to be entitled “Supported Decision-303 Making.” 304

Section

Section 746.101, Florida Statutes, is created to 305 read: 306 746.101

Short title.—This

chapter may be cited as the 307 “Florida Supported Decision-Making Law.” 308

Section

Section 746.102, Florida Statutes, is created to 309 read: 310 746.102 Legislative findings.—The Legislature finds that: 311

(1) All adults, with or without disabilities, should be 312 able to choose to live in the manner they wish. 313

(2) All adults should have the ability to be informed about 314 and participate in the management of their affairs. 315

(3) Adjudicating a person totally incapacitated and in need 316 of a guardian deprives the person of all of his or her civil and 317 legal rights and that this deprivation may be unnecessary. 318

(4) Supported decision-making is recognized as a less 319

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Section

Section 746.103, Florida Statutes, is created to 321 read: 322 746.103

Definitions.—For purposes of this chapter, the 323 term: 324 (1) “Adult” means a person 18 years of age or older, or a 325 person under 18 years of age whose disability of minority has 326 been removed by marriage or otherwise. 327 (2) “Decisionmaker” means an adult with a disability who 328 has entered into a supported decision-making agreement with a 329 supporter. 330 (3) “Disability” means, with respect to a person, a 331 physical or mental impairment that substantially limits one or 332 more major life activities, or a record of such an impairment. 333 (4) “Supported decision-making” means a process of 334 supporting and accommodating an adult with a disability in order 335 to assist him or her in understanding the options, 336 responsibilities, and consequences of life decisions and 337 enabling the adult to make life decisions, including decisions 338 related to where he or she wants to live; the services, 339 supports, and medical care he or she wants to receive; and where 340 the adult wants to work, without impeding the self-determination 341 of the adult. 342 (5) “Supported decision-making agreement” means an 343 agreement between a decisionmaker and one or more supporters 344 entered into under this chapter. 345 (6) “Supporter” means an adult who has entered into a 346 supported decision-making agreement with a decisionmaker to 347 support the decisionmaker. 348

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Section

Section 746.104, Florida Statutes, is created 349 to read: 350 746.104 Capacity.— 351

(1) An adult may not enter into a supported decision-making 352 agreement unless the adult: 353 (

a) Enters into the agreement voluntarily and without 354 coercion or undue influence; and 355 (

b) Understands the nature and effect of the agreement. 356

(2) An adult, with or without a disability, is presumed to 357 be capable of managing his or her affairs and to have capacity 358 unless otherwise determined by a court in accordance with ss. 359 744.3201-744.331. 360

(3) The manner in which an adult with a disability 361 communicates with others is not grounds for a court to determine 362 that the adult is incapable of managing his or her affairs. 363

(4) Execution of a supported decision-making agreement may 364 not be used as evidence of incapacity and does not preclude the 365 ability of the decisionmaker to act independently of the 366 agreement and of his or her supporters. 367

(5) For purposes of this chapter, a decisionmaker is 368 considered to have capacity even if the capacity is achieved by 369 receiving decisionmaking assistance. 370

(6) A decisionmaker may make, change, or revoke a supported 371 decision-making agreement even if the decisionmaker does not 372 have the capacity to independently manage his or her health 373 care, legal matters, or financial affairs. 374

Section

Section 746.105, Florida Statutes, is created 375 to read: 376 746.105 Supported decision-making agreements.— 377

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(1) An adult with a disability may voluntarily, without 378 undue influence or coercion, enter into a supported decision-379 making agreement with a supporter under which the decisionmaker 380 authorizes the supporter to do any of the following: 381 (

a) Provide supported decision-making, including assistance 382 in understanding the options, responsibilities, and consequences 383 of the decisionmaker’s life decisions, without making those 384 decisions on behalf of the decisionmaker. 385 (

b) Assist the decisionmaker in accessing, collecting, and 386 obtaining information that is relevant to a given life decision, 387 including medical, psychological, financial, educational, or 388 treatment records, from any person or entity, in accordance with 389 s. 746.108. 390 (

c) Assist the decisionmaker in understanding the 391 information described by paragraph (b). 392 (

d) Assist the decisionmaker in communicating his or her 393 decisions to appropriate persons. 394

(2) A supporter shall exercise only the authority expressly 395 granted to the supporter in the supported decision-making 396 agreement. 397

(3) A supporter may access the decisionmaker’s personal 398 information only to the extent authorized in the supported 399 decision-making agreement. 400

(4) A supporter shall act with the care, competence, and 401 diligence ordinarily exercised by individuals in similar 402 circumstances, with due regard either to the possession of, or 403 lack of, special skills or expertise. A supporter is not a 404 fiduciary of the decisionmaker, unless the supporter has been 405 appointed as such in another legal document, including, but not 406

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 15 of 35 CODING: Words stricken are deletions; words underlined are additions. limited to, a power of attorney. 407

(5) An adult with a disability who is under guardianship or 408 guardian advocacy may enter into a supported decision-making 409 agreement if his or her guardian or guardian advocate grants 410 approval in writing of the supported decision-making agreement. 411 The adult with a disability does not need approval from the 412 guardian or guardian advocate if the supported decision-making 413 agreement will only affect rights that were not removed by the 414 court. 415

(6) Supported decision-making agreements may refer to and 416 be used in conjunction with other legal documents, including, 417 but not limited to, any of the following: 418 (

a) A designation of a health care surrogate as provided in 419

chapter 765. 420 (

b) A power of attorney as provided in

chapter 709. 421 (

c) A trust instrument as defined in s. 736.0103. 422 (

d) An advance directive as defined in s. 765.101. 423

(7) A decisionmaker may designate a supporter to act as a 424 preneed guardian as defined in s. 744.102. 425

Section

Section 746.106, Florida Statutes, is created 426 to read: 427 746.106 Execution of supported decision-making agreements.— 428

(1) A supported decision-making agreement must be signed 429 voluntarily, without coercion or undue influence, by the 430 decisionmaker and the supporter. 431

(2) The decisionmaker and the supporter must sign the 432 supported decision-making agreement in the presence of two 433 subscribing adult witnesses or must sign the agreement before a 434 notary public. 435

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(3) A decisionmaker or a supporter who is unable to 436 physically sign the supported decision-making agreement may, in 437 the presence of witnesses, direct another person to sign the 438 decisionmaker’s or supporter’s name. If the supported decision-439 making agreement is acknowledged before a notary public, the 440 notary public may sign the decisionmaker’s or supporter’s name 441 pursuant to s. 117.05(14). 442

(4) The decisionmaker and the supporter may not act as 443 witness to the execution of the supported decision-making 444 agreement. At least one person who acts as a witness must be a 445 person other than the decisionmaker’s spouse or a blood 446 relative. 447

Section

Section 746.107, Florida Statutes, is created 448 to read: 449 746.107 Duration; termination.— 450

(1) A supported decision-making agreement remains in effect 451 until terminated by either party, by the terms of the agreement, 452 or by court order. 453

(2) A supported decision-making agreement may be terminated 454 by the decisionmaker by giving notice to the supporter orally, 455 in writing, through an assistive technology device, or by any 456 other act showing a specific intent to terminate the agreement. 457

(3) A supported decision-making agreement may be terminated 458 by a supporter by providing written notice of the supporter’s 459 resignation to the decisionmaker and all other supporters 460 appointed in the agreement. If the decisionmaker cannot 461 understand a written notice, notice must also be provided in the 462 decisionmaker’s preferred method of communication. If a 463 supported decision-making agreement includes more than one 464

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 17 of 35 CODING: Words stricken are deletions; words underlined are additions. supporter, a supporter can terminate the agreement only as to 465 that supporter. 466

(4) A supported decision-making agreement may be terminated 467 by any additional method specified in the agreement. 468

(5) If any person initiates judicial proceedings to 469 determine the decisionmaker’s incapacity or for the appointment 470 of a guardian advocate, the supported decision-making agreement 471 remains in effect until the court enters an order determining 472 otherwise. However, any related documents where surrogate 473 decisionmaking power was granted by the decisionmaker, including 474 a power of attorney or designation of a health care surrogate, 475 shall be treated in accordance with

chapter 744 and the relevant 476 authorizing statute. 477

Section

Section 746.108, Florida Statutes, is created 478 to read: 479 746.108 Access to information.— 480

(1) A supporter may assist the decisionmaker with obtaining 481 any information to which the decisionmaker is entitled, 482 including, but not limited to, protected health information 483 under the Health Insurance Portability and Accountability Act of 484 1996, 42 U.S.C. s. 1320d, educational records under the Family 485 Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 1232g, 486 or information protected by 42 U.S.C. s. 290dd-2 and 42 C.F.R. 487

part 2. Before the supporter assists the decisionmaker with 488 obtaining such information, the decisionmaker must provide his 489 or her signed and dated specific consent for the supporter to 490 provide assistance. 491

(2) The supporter shall ensure all information collected on 492 behalf of the decisionmaker under this

section is kept 493

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Section

Section 746.109, Florida Statutes, is created 497 to read: 498 746.109 Elements of a supported decision-making agreement.— 499

(1) A supported decision-making agreement must do all of 500 the following: 501 (

a) Identify the decisionmaker. 502 (

b) Name at least one supporter. 503 (

c) Describe the decisionmaking assistance that each 504 supporter may provide the decisionmaker. 505 (

d) State the duration of the supported decision-making 506 agreement and how it can be terminated or changed. 507 (

e) Provide a notice to third parties describing the 508 purpose of the supported decision-making agreement. 509 (

f) Provide instructions on how to report abuse, neglect, 510 or exploitation of the decisionmaker, including the website, 511 telephone number, teletype number, and fax number for the 512 Department of Children and Families’ Florida Abuse Hotline. 513 (

g) Include, for each supporter, a signed declaration of 514 supporter, as provided in s. 746.1011(10). 515

(2) A supported decision-making agreement may do any of the 516 following: 517 (

a) Appoint more than one supporter. 518 (

b) Appoint an alternate to act in the place of a supporter 519 under circumstances specified in the agreement. 520 (

c) Authorize a supporter to share information with any 521 other supporter or other person named in the agreement. 522

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d) Refer to other legal documents, such as a power of 523 attorney as provided in

chapter 709. 524 (

e) Include signed approval from a guardian or guardian 525 advocate, if appropriate, as provided under s. 746.105(5). 526

Section

Section 746.1011, Florida Statutes, is created 527 to read: 528 746.1011 Suggested form.—A supported decision-making 529 agreement may, but need not, be in the following form: 530 531 STATUTORY FORM FOR 532 SUPPORTED DECISION-MAKING AGREEMENT 533 534 SUPPORTED DECISION-MAKING AGREEMENT OF ...(print name)... 535 536 This is the Supported Decision-Making Agreement of ...(print 537 name)..., date of birth ...., of ...(city)..., Florida. 538 539

(1) INTRODUCTION. I,........, want to have one or more 540 persons I trust help me make decisions, obtain and understand 541 the information I need to make my decisions, and tell other 542 people about my decisions. The people who will help me are my 543 “supporters.” 544 This is a written agreement between me (“decisionmaker”) 545 and each of my supporters. I am stating in this agreement what 546 kind of help each of my supporters will give me and whether I 547 will delegate any powers to them to exercise on my behalf. 548 549 UNLESS EXPRESSLY AUTHORIZED TO DO SO, A SUPPORTER APPOINTED 550 UNDER THIS AGREEMENT DOES NOT MAKE DECISIONS FOR ME. 551

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 20 of 35 CODING: Words stricken are deletions; words underlined are additions. 552 Each of my supporters may exercise their authority 553 independently: 554 Yes .... No .... 555 556 My supporters may share information with each other: 557 Yes .... No .... 558 559

(2) SUPPORTERS AND POWERS GRANTED TO SUPPORTERS. These are 560 my supporters and how they will help me make decisions: 561 SUPPORTER NO. 1 562 Name:...(name)... 563 Address:...(address)... 564 Telephone:...(telephone)... 565 E-mail:...(e-mail)... 566 567 I want this supporter to help me with (Make a cross mark X 568 in the space before each description, as desired): 569 .... Making choices about food and clothing. 570 .... Making choices about where and with whom I live. 571 .... Making choices about my health and health care. 572 .... Making choices about how I spend my time. 573 ....

Making choices about where I work. 574 .... Making choices about my education. 575 .... Making choices about my support services, including 576 applying for public benefits and seeking home care services, 577 such as laundry and cooking, transportation, and companionship. 578 .... Making choices about how I spend my money and how I 579 save my money, including managing any public benefits I may 580

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 21 of 35 CODING: Words stricken are deletions; words underlined are additions. receive. 581 .... Making choices about legal matters. 582 .... Making choices about .... ..... 583 .... Making choices about .... ..... 584 .... Making choices about .... ..... 585 ....

Making choices about .... ..... 586 587 I want this supporter to help me by: .... .... ..... 588 589 I do not want this supporter to help me by: .... .... ..... 590 591 I am attaching another legal document, such as a power of 592 attorney or a health care surrogate designation, for this 593 supporter: 594 Yes .... No .... 595 596 SUPPORTER NO. 2 597 Name:...(name)... 598 Address:...(address)... 599 Telephone:...(telephone)... 600 E-mail:...(e-mail)... 601 602 I want this supporter to help me with (Make a cross mark X 603 in the space before each description, as desired): 604 ....

Making choices about food and clothing. 605 .... Making choices about where and with whom I live. 606 .... Making choices about my health and health care. 607 .... Making choices about how I spend my time. 608 .... Making choices about where I work. 609

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 22 of 35 CODING: Words stricken are deletions; words underlined are additions. .... Making choices about my education. 610 .... Making choices about my support services, including 611 applying for public benefits and seeking home care services, 612 such as laundry and cooking, transportation, and companionship. 613 .... Making choices about how I spend my money and how I 614 save my money, including managing any public benefits I may 615 receive. 616 .... Making choices about legal matters. 617 .... Making choices about .... ..... 618 ....

Making choices about .... ..... 619 .... Making choices about .... ..... 620 .... Making choices about .... ..... 621 622 I want this supporter to help me by: .... .... ..... 623 624 I do not want this supporter to help me by: .... .... ..... 625 626 I am attaching another legal document, such as a power of 627 attorney or a health care surrogate designation, for this 628 supporter: 629 Yes .... No .... 630 631 ALTERNATE SUPPORTER.

If one of my supporters dies, becomes 632 unable to act as my supporter, refuses to act as my supporter, 633 or terminates the supporter’s part of this agreement, I want the 634 following person to become my supporter and help me with the 635 areas the original supporter was helping me with: 636 637 Name:...(name)... 638

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 23 of 35 CODING: Words stricken are deletions; words underlined are additions. Address:...(address)... 639 Telephone:...(telephone)... 640 E-mail:...(e-mail)... 641 642

(3) PRENEED GUARDIAN(S). I want the following supporters, 643 in this order, to be my preneed guardians, as described in s. 644 744.3045, Florida Statutes, in case a court ever determines that 645 I need a guardian. 646 1. ...(name)... 647 2. ...(name)... 648 3. ...(name)... 649 650 If I appoint a preneed guardian, I understand that I must 651 sign this agreement myself in the presence of at least two 652 attesting witnesses present at the same time. 653 654

(4) INFORMATION ACCESS FORMS. I am attaching to this 655 agreement: 656 657 A form that allows my supporter(

s) to obtain my health 658 information under the Health Insurance Portability and 659 Accountability Act: 660 Yes .... No .... 661 662 A form that allows my supporter(

s) to access my educational 663 records under the Family Educational Rights and Privacy Act of 664 1974: 665 Yes .... No .... 666 667

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 24 of 35 CODING: Words stricken are deletions; words underlined are additions.

(5) GUARDIANS AND GUARDIAN ADVOCATES. If I have a guardian 668 or guardian advocate and this agreement relates to any of the 669 rights that have been delegated to my guardian or guardian 670 advocate, my guardian or guardian advocate must approve this 671 agreement by signing

section 12. (If true, make a cross mark X 672 before the item below): 673 674 .... My guardian or guardian advocate has signed

section 12 675 of this agreement, approving my use of this agreement. 676 677

(6) NOTICE TO THIRD PARTIES. This is a

summary of the 678 rights and obligations of a supporter as provided under

chapter 679 746, Florida Statutes, which authorizes me to enter into this 680 agreement. A supporter does not make decisions for the 681 decisionmaker, but a supporter may provide a decisionmaker with 682 help when making decisions, obtaining information for decisions, 683 communicating decisions, and understanding the options, 684 responsibilities, and consequences of decisions. A supporter may 685 accompany the decisionmaker and participate in discussions with 686 other persons. The decisionmaker sets out in this agreement the 687 areas in which the supporter may help the decisionmaker with 688 decisions.

A third party must recognize a decision or request of 689 the decisionmaker which is made or communicated with the 690 assistance of a supporter as the decision or request of the 691 decisionmaker. The decisionmaker or supporter may enforce the 692 decision or request in law or equity. A decisionmaker may act 693 without the help of the supporter. 694 695

(7) DURATION AND TERMINATION OF AGREEMENT. I can end all or 696

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 25 of 35 CODING: Words stricken are deletions; words underlined are additions. part of this agreement at any time by giving notice to my 697 supporter(

s) orally, in writing, through an assistive technology 698 device, or by ..... This agreement starts ...(date)... and will 699 continue until the agreement is terminated by myself or my 700 supporter(s). 701 702

(8) SIGNATURE OF DECISIONMAKER. I know that I do not have 703 to sign this agreement. I am entering into this agreement 704 voluntarily and without coercion or undue influence. I 705 understand the nature and effect of this agreement. I know that 706 I can change this agreement at any time. 707 708 Signature: ...(sign your name)... 709 Printed Name:...(print your name)... 710 Telephone:...(telephone)... 711 E-mail:...(e-mail)... 712 Date:...(date)... 713 714

(9) SIGNATURES OF SUPPORTERS. 715 Signature of Supporter No. 1 716 Signature: ...(sign your name)... 717 Printed Name: ...(print your name)... 718 Date: ...(date)... 719 720 Signature of Supporter No. 2 721 Signature: ...(sign your name)... 722 Printed Name: ...(print your name)... 723 Date: ...(date)... 724 725

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 26 of 35 CODING: Words stricken are deletions; words underlined are additions. Signature of Alternate Supporter 726 Signature: ...(sign your name)... 727 Printed Name: ...(print your name)... 728 Date: ...(date)... 729 730

(10) DECLARATIONS OF SUPPORTERS. 731 DECLARATION OF SUPPORTER NO. 1. 732 I,...(print your name)..., am the decisionmaker’s 733 ...(relationship to the decisionmaker).... I am willing to act 734 as the decisionmaker’s supporter. I understand that my job as a 735 supporter is to help the decisionmaker make decisions, obtain 736 and understand information for decisions, communicate decisions, 737 and understand the options, responsibilities, and consequences 738 of decisions.

My support may include giving the decisionmaker 739 information in a way that the decisionmaker can understand, 740 discussing pros and cons of decisions, and helping the 741 decisionmaker communicate the decisionmaker’s decisions. I will 742 act with the care, competence, and diligence ordinarily 743 exercised by individuals in similar circumstances, with due 744 regard either to the possession of, or lack of, special skills 745 or expertise. I know that I may exercise only the authority 746 expressly granted to me in this agreement.

I know that I may not 747 make decisions for the decisionmaker, unless expressly 748 authorized to do so in this agreement. I will not exert undue 749 influence on the decisionmaker. I will not sign on behalf of the 750 decisionmaker or provide an electronic signature of the 751 decisionmaker to a third party, unless expressly authorized to 752 do so in another legal document such as a power of attorney. I 753 will access the decisionmaker’s personal information only to the 754

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 27 of 35 CODING: Words stricken are deletions; words underlined are additions. extent authorized in this agreement. I will ensure all 755 information collected on behalf of the decisionmaker is kept 756 private and confidential; is not subject to unauthorized access, 757 use, or disclosure; and is properly disposed of when 758 appropriate. I will not use information I receive under this 759 agreement for a purpose other than as authorized by the 760 decisionmaker for decisionmaking, unless the decisionmaker 761 consents to another use. I understand that under

chapter 825, 762 Florida Statutes, it is a crime to commit acts of abuse, 763 neglect, or exploitation against a person with a disability and 764 that the penalty for doing so may include fines and prison time. 765 766 Signature: ...(sign your name)... 767 Printed Name: ...(print your name)... 768 Date: ...(date)... 769 770 DECLARATION OF SUPPORTER NO. 2. 771 I,_...(print your name)..., am the decisionmaker’s 772 ...(relationship to the decisionmaker).... I am willing to act 773 as the decisionmaker’s supporter.

I understand that my job as a 774 supporter is to help the decisionmaker make decisions, obtain 775 and understand information for decisions, communicate decisions, 776 and understand the options, responsibilities, and consequences 777 of decisions. My support may include giving the decisionmaker 778 information in a way that the decisionmaker can understand, 779 discussing pros and cons of decisions, and helping the 780 decisionmaker communicate the decisionmaker’s decisions. I will 781 act with the care, competence, and diligence ordinarily 782 exercised by individuals in similar circumstances, with due 783

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 28 of 35 CODING: Words stricken are deletions; words underlined are additions. regard either to the possession of, or lack of, special skills 784 or expertise. I know that I may exercise only the authority 785 expressly granted to me in this agreement. I know that I may not 786 make decisions for the decisionmaker, unless expressly 787 authorized to do so in this agreement. I will not exert undue 788 influence on the decisionmaker.

I will not sign on behalf of the 789 decisionmaker or provide an electronic signature of the 790 decisionmaker to a third party, unless expressly authorized to 791 do so in another legal document such as a power of attorney. I 792 will access the decisionmaker’s personal information only to the 793 extent authorized in this agreement. I will ensure all 794 information collected on behalf of the decisionmaker is kept 795 private and confidential; is not subject to unauthorized access, 796 use, or disclosure; and is properly disposed of when 797 appropriate.

I will not use information I receive under this 798 agreement for a purpose other than as authorized by the 799 decisionmaker for decisionmaking, unless the decisionmaker 800 consents to another use. I understand that under

chapter 825, 801 Florida Statutes, it is a crime to commit acts of abuse, 802 neglect, or exploitation against a person with a disability and 803 that the penalty for doing so may include fines and prison time. 804 805 Signature: ...(sign your name)... 806 Printed Name: ...(print your name)... 807 Date: ...(date)... 808 809

(11) NOTARIZATION OR WITNESSING. The signatures on this 810 agreement must be either (1) notarized, or (2) witnessed by two 811 witnesses. 812

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 29 of 35 CODING: Words stricken are deletions; words underlined are additions. 813 NOTARIZATION 814 815 STATE OF FLORIDA 816 COUNTY OF .... 817 818 The foregoing instrument was acknowledged before me by 819 means of .... physical presence or .... online notarization, 820 this .... day of_...., ...., by the decisionmaker and supporters 821 signed above. 822 823 ............ 824 Signature of Notary Public – State of Florida 825 826 ............ 827 Print, Type, or Stamp Commissioned Name of Notary Public 828 829 DECISIONMAKER, .... 830 ....

Personally Known OR .... Produced Identification 831 Type of Identification Produced ........ 832 833 SUPPORTER NO. 1, .... 834 .... Personally Known OR .... Produced Identification 835 Type of Identification Produced ........ 836 837 SUPPORTER NO. 2, .... 838 .... Personally Known OR .... Produced Identification 839 Type of Identification Produced ........ 840 841

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 30 of 35 CODING: Words stricken are deletions; words underlined are additions. ALTERNATE SUPPORTER, .... 842 .... Personally Known OR .... Produced Identification 843 Type of Identification Produced ........ 844 845 WITNESSING 846 847 If the signatures are not notarized, two adults must 848 witness the signatures of the decisionmaker, the supporter(s), 849 and any alternate supporter. If this agreement designates a 850 preneed guardian, it must be signed before two attesting 851 witnesses present at the same time.

A witness CANNOT be a 852 supporter named in this agreement. 853 854 Witness Signature: ...(sign your name)... 855 Printed Name: _...(print your name)... 856 Date: ...(date)... 857 858 Witness Signature: ...(sign your name)... 859 Printed Name: _...(print your name)... 860 Date: ...(date)... 861 862

(12) APPROVAL BY GUARDIAN OR GUARDIAN ADVOCATE. 863 I, ...., am the .... guardian OR .... guardian advocate of 864 .... I have read and understand the nature and effect of this 865 agreement. I approve the use of this agreement by ... to obtain 866 support in making decisions. 867 868 Signature: ...(sign your name)... 869 Printed Name: _...(print your name)... 870

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 31 of 35 CODING: Words stricken are deletions; words underlined are additions.

Date: ...(date)... 871 872 WARNING: PROTECTION FOR DECISIONMAKER 873 874 IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS 875 AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE 876 THAT THE ADULT NAMED AS A DECISIONMAKER IS BEING ABUSED, 877 NEGLECTED, OR EXPLOITED BY THE SUPPORTER, THE PERSON MAY REPORT 878 THE ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE FLORIDA 879 DEPARTMENT OF CHILDREN AND FAMILIES’ FLORIDA ABUSE HOTLINE: 880 881 ONLINE: https://reportabuse.dcf.state.fl.us/ 882 PHONE: 1-800-962-2873 883 FLORIDA RELAY: 711 884 TTY: 800-955-8771 885 FAX: 800-914-0004 886

Section

Section 746.1012, Florida Statutes, is created 887 to read: 888 746.1012 Recognition of supporters.—A decision or request 889 communicated with the assistance of a supporter in conformity 890 with this

chapter must be recognized for the purposes of any 891 provision of law as the decision or request of the decisionmaker 892 and may be enforced by the decisionmaker or supporter in law or 893 equity on the same basis as a decision or request of the 894 decisionmaker. 895

Section

Section 746.1013, Florida Statutes, is created 896 to read: 897 746.1013 Reliance on agreement; limitation of liability.— 898

(1) A person who is provided with an original supported 899

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 32 of 35 CODING: Words stricken are deletions; words underlined are additions. decision-making agreement, or a copy of the supported decision-900 making agreement, may rely on the agreement. 901

(2) A person is not subject to criminal or civil liability 902 and has not engaged in professional misconduct for

an act or 903 omission if the act or omission is done in good faith and in 904 reliance upon a supported decision-making agreement. 905

(3) Any health care provider, as defined in s. 408.07, who 906 provides health care based on the consent of a decisionmaker, 907 made with a supporter provided through a duly executed supported 908 decision-making agreement, or who respects and acts consistently 909 with the authority given to a supporter by a duly executed 910 supported decision-making agreement shall be immune from any 911 action alleging that the agreement was invalid unless the 912 entity, custodian, or organization had actual knowledge or 913 notice that the decisionmaker had revoked such authorization or 914 that the agreement was invalid. 915

(4) Any public or private entity, custodian, or 916 organization that discloses personal information about a 917 decisionmaker to a supporter who is authorized to access or 918 assist the decisionmaker in accessing that information shall be 919 immune from any action alleging that it improperly or unlawfully 920 disclosed such information to the supporter, unless the entity, 921 custodian, or organization had actual knowledge that the 922 decisionmaker had revoked such authorization. 923

(5) Any public or private educational agency or institution 924 may rely on any supported decision-making agreement and shall 925 allow the participation of supporters authorized by the 926 supported decision-making agreement in all educational events, 927 activities, meetings, and conferences, including individual 928

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 33 of 35 CODING: Words stricken are deletions; words underlined are additions. education plan meetings in public schools. Educational entities 929 shall also provide authorized supporters with access to 930 educational records upon receipt of a signed and dated specific 931 consent, as described in s. 746.108. 932

(6) This

section may not be construed to provide immunity 933 from actions alleging that an entity or a person has done any of 934 the following: 935 (

a) Caused personal injury as a result of a negligent, 936 reckless, or intentional act. 937 (

b) Acted inconsistently with the expressed wishes of the 938 decisionmaker. 939 (

c) In the case of a health care provider, failed to 940 provide information to either a decisionmaker or the 941 decisionmaker’s supporter which would be necessary for informed 942 consent. 943 (

d) Otherwise acted inconsistently with applicable law. 944

(7) The existence or availability of a supported decision-945 making agreement does not relieve any entity or person of any 946 legal obligation to provide services to persons with 947 disabilities, including the obligation to provide reasonable 948 accommodations or auxiliary aids and services, including 949

interpretation services and communication supports, to 950 individuals with disabilities under the Americans with 951 Disabilities Act. 952

Section

Section 746.1014, Florida Statutes, is created 953 to read: 954 746.1014 Supported decision-making in public schools.— 955

(1) When a public school provides information regarding 956 guardianship to students, parents, guardians, or any other 957

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 34 of 35 CODING: Words stricken are deletions; words underlined are additions. person exercising supervisory authority over a student in place 958 of a parent, the school must also provide information about 959 supported decision-making agreements. 960

(2) Each public school shall ensure that any informational 961 materials, including documents, brochures, and presentations, 962 which provide information on guardianship include information on 963 supported decision-making and the process for signing a 964 supported decision-making agreement as provided under this 965 chapter. A public school may comply with this

section by 966 revising materials as they are due to be printed in regular 967 course, or by revising materials by July 1, 2024, whichever 968 occurs later. 969

(3) Each public school shall provide information and 970 training on supported decision-making to all staff members who 971 are tasked with assisting with or providing information on a 972 student’s transition to postsecondary education and career 973 opportunities. A public school may comply with this

section by 974 incorporating the topic of supported decision-making into its 975 regularly scheduled meetings, trainings, and events. 976

Section 20. Subsection (3) of

section 744.2003, Florida 977 Statutes, is amended to read: 978 744.2003 Regulation of professional guardians; application; 979 bond required; educational requirements.— 980

(3) Each professional guardian defined in s. 744.102(18) s. 981 744.102(17) and public guardian must receive a minimum of 40 982 hours of instruction and training. Each professional guardian 983 must receive a minimum of 16 hours of continuing education every 984 2 calendar years after the year in which the initial 40-hour 985 educational requirement is met. The instruction and education 986

Florida Senate - 2021 SB 1010 23-00214B-21 20211010__ Page 35 of 35 CODING: Words stricken are deletions; words underlined are additions. must be completed through a course approved or offered by the 987 Office of Public and Professional Guardians. The expenses 988 incurred to satisfy the educational requirements prescribed in 989 this

section may not be paid with the assets of any ward. This 990 subsection does not apply to any attorney who is licensed to 991 practice law in this state or an institution acting as guardian 992 under s. 744.2002(7). 993

Section 21. This act shall take effect July 1, 2021. 994