Read the full stored bill text
Florida Senate
-
2026
SB 1088
By
Senator Jones
34-00166-26 20261088__
1 A bill to be entitled
2 An act relating to guardianship; amending s. 744.361,
3 F.S.; prohibiting a guardian from restricting the
4 ability of an adult ward to maintain contact with a
5 person except under certain circumstances; requiring a
6 guardian to provide a ward with notice of a change in
7 residential setting under certain circumstances;
8 providing an exception; requiring a guardian to
9 provide notice to any person identified in an initial
10 guardianship plan; amending s. 744.363, F.S.;
11 requiring that an initial guardianship plan identify
12 the persons entitled to certain information; requiring
13 that an initial guardianship plan for an incapacitated
14 person identify persons entitled to certain notice and
15 to visit the incapacitated person; providing
16 construction; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraphs (b) and (h) of subsection (13) of
21 section 744.361, Florida Statutes, are amended, and paragraph
22 (k) is added to that subsection, to read:
23 744.361 Powers and duties of guardian.—
24 (13) Recognizing that every individual has unique needs and
25 abilities, a guardian who is given authority over a ward’s
26 person shall, as appropriate under the circumstances:
27 (b) Allow the ward to maintain contact with family and
28 friends
. If the ward is a minor, the guardian may restrict the
29
ability of the ward to maintain any contact that the guardian
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believes may cause harm to the ward. If the ward is an adult,
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the guardian may not restrict the ability of the ward to
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maintain contact with a specified person unless the guardian has
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good cause to believe that interaction with the person poses a
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risk of significant physical, psychological, or financial harm
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to the ward and the restriction is:
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1. For no more than 7 business days, if the person has a
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family or preexisting social relationship with the ward;
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2. For no more than 60 days, if the person does not have a
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family or preexisting social relationship with the ward; or
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3. Authorized by specific order of the court
unless the
41
guardian believes that such contact may cause harm to the ward
.
42 (h) Evaluate the ward’s medical and health care options,
43 financial resources, and desires when making residential
44 decisions that are best suited for the current needs of the
45 ward.
The guardian must provide the ward with notice of a change
46
in residential setting at least 14 days before the change occurs
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if the new residential setting will be more restrictive than the
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current residential setting. Such notice is not required if the
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change in residential setting is authorized by the guardianship
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plan or a court order.
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(k) Provide appropriate notice to any person identified in
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an initial guardianship plan pursuant to s. 744.363(1)(h).
53 Section 2. Paragraph (h) is added to subsection (1) of
54 section 744.363, Florida Statutes, to read:
55 744.363 Initial guardianship plan.—
56 (1) The initial guardianship plan shall include all of the
57 following:
58
(h)
Identification of all of the following persons:
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1. T
he persons entitled to receive notice of the following
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information, when such information is known or can be reasonably
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ascertained by the guardian:
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a
. The incapacitated person’s death.
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b
. The intended disposition of the remains of the decedent.
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c
. The funeral arrangements for the decedent.
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d
. The final resting place of the decedent.
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2. If the ward is incapacitated:
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a. T
he persons entitled to notice of the incapacitated
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person’s transfer to a medical facility.
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b.
T
he persons entitled to visit the incapacitated person.
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However, the identification of such persons in the
plan
does not
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limit the persons entitled to visit the incapacitated person.
72 Section 3. This act shall take effect July 1, 2026.