Florida Guardianship by Kathleen Bryan: Legislative History

Proposed and Enacted 2020 FL Senate Bill 994

S. 994, 2020 Leg., 122 Sess. (Fla. 2020). -- Westlaw, Lexis

• Adopted on June 18, 2020.
• Effective on July 1, 2020.
• This bill amends Fla. Stat. §§:
  • 744.312 (Considerations in appointment of guardian)
  • 744.3215 (Rights of persons determined incapacitated)
  • 744.334 (Petition for appointment of guardian or professional guardian)
  • 744.363 (Initial guardianship plan)
  • 744.3675 (Annual guardianship plan)
  • 744.367 (Duty to file annual guardianship report)
  • 744.446 (Conflicts of interest).

        Legislators enacted FL Senate Bill 994 primarily in order to close the loophole where guardians were given complete discretion to obtain Do Not Resuscitate Orders (DNROs) on their respective wards without court oversight.

        In particular, the legislation comes on the heels of the case of professional guardian Rebecca Fierle. Fierle was the guardian for Steven Stryker and executed a DNRO over him against his wishes. Although the family fought against the DNRO, the court ultimately upheld the DNRO. It was this DNRO that prevented a hospital from reviving Stryker when he was choking, leading to his death on May 13, 2019. Stryker's family filed a complaint with the state of Florida. The Florida Department of Law Enforcement (FDLE) and the Florida Attorney General's Office are investigating Fierle's conduct. Fierle has now been removed from around 450 guardianship cases and has been arrested for aggravated abuse of an elderly person.  

        FL Senate Bill 994 prohibits guardians from executing DNROs on behalf of a ward without court approval. It also prohibits professional guardians from petitioning for their own appointment and expands factors for the court to consider when appointing a guardian.

Legislative History of 2020 FL Senate Bill 994

• Bill Tracking: Lexis, Westlaw
• Committee Reports and Voting Records:
  • Mar. 11, 2020 Voting Record -- Lexis
  • Mar. 5, 2020 Voting Record -- Lexis
  • Feb. 12, 2020 Voting Record -- Lexis
  • Jan. 29, 2020 Senate Committee Report -- Westlaw 
  • Jan. 28, 2020 Voting Record -- Lexis
  • Jan. 27, 2020 Senate Committee Report -- Westlaw 
  • Jan. 15, 2020 Voting Record -- Lexis
  • Jan. 14, 2020 Senate Committee Report -- Westlaw
• FL Session Law Ch. 2020-35, No. 94 (2020). -- Westlaw