Florida SB 1088: Motor Vehicle Repair Estimates

Bill Text

1088 
Guardianship 
2026-01-05T09:46:23Z 
Prohibiting a guardian from restricting the ability of an adult ward to maintain contact with a person except under certain circumstances; requiring a guardian to provide a ward with notice of a change in residential setting under certain circumstances; requiring that an initial guardianship plan identify the persons entitled to certain information, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 
 30 believes may cause harm to the ward. If the ward is an adult, 
 31 the guardian may not restrict the ability of the ward to 
 32 maintain contact with a specified person unless the guardian has 
 33 good cause to believe that interaction with the person poses a 
 34 risk of significant physical, psychological, or financial harm 
 35 to the ward and the restriction is: 
 36 1. For no more than 7 business days, if the person has a 
 37 family or preexisting social relationship with the ward; 
 38 2. For no more than 60 days, if the person does not have a 
 39 family or preexisting social relationship with the ward; or 
 40 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 
 47 if the new residential setting will be more restrictive than the 
 48 current residential setting. Such notice is not required if the 
 49 change in residential setting is authorized by the guardianship 
 50 plan or a court order. 
 51 (k) Provide appropriate notice to any person identified in 
 52 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: 
 59 1. The persons entitled to receive notice of the following 
 60 information, when such information is known or can be reasonably 
 61 ascertained by the guardian: 
 62 a. The incapacitated person’s death. 
 63 b. The intended disposition of the remains of the decedent. 
 64 c. The funeral arrangements for the decedent. 
 65 d. The final resting place of the decedent. 
 66 2. If the ward is incapacitated: 
 67 a. The persons entitled to notice of the incapacitated 
 68 person’s transfer to a medical facility. 
 69 b. The persons entitled to visit the incapacitated person. 
 70 However, the identification of such persons in the plan does not 
 71 limit the persons entitled to visit the incapacitated person. 
 72 Section 3. This act shall take effect July 1, 2026.