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National Resource Center for Supported Decision Making
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Florida

Florida

Overview

Florida passed supported decision-making legislation in 2024. The bill requires courts to consider supported decision-making before appointing guardianship. Additionally, Florida courts have notably terminated two guardianships and recognized supported decision-making agreements as a reasonable, lesser alternative

Guardianship Laws

Fla. Stat. §§ 744.101 to .649; 747.01 to .052; 393.12 (guardian advocate for developmental disabilities)

Supported Decision-Making

State Legislation

  • Fla. St. § 709.2209
    • Description: Defines supported decision-making agreements.
    • Status: Effective July 1, 2024
  • S.B. 446, Reg. Sess (Fla. 2024) and H.B. 73, Reg. Sess. (Fla. 2024) (Companion bill)
    • Description: Formally recognizes supported decision-making and force courts to consider this lesser alternative when hearing guardianship petitions.
    • Status: Enacted on June 17, 2024
  • Restoration Of Rights Of Person With Developmental Disability
    • Fla.Prob.R. Rule 5.681 (2019) [https://www.syfert.com/florida/probate-rules/rule-5.681/]
    • Description: Requires that a suggestion for restoration of rights of a person with a developmental disability may be executed by any interested and person including the individual with a disability and must contain information about supported decision making agreements as an alternative to continued appointment of a guardian advocate.
    • Status: Effective Sept. 5, 2024

None found

  • H.B. 1207 (Fl. 2022).
    • Description: Authorizes adults with disabilities to enter into supported decision making agreements under certain circumstances; prohibits use of such agreements as evidence of incapacity; provides criteria for supporters; provides requirements for supported decision making agreements; authorizes adults with disabilities who have guardian advocates to enter into supported decision making agreements under certain circumstances; revises requirements for petitions to appoint guardian advocates.
    • Status: Died on 03/14/2022 in the Civil Justice & Property Rights Subcommittee
  • S.B. 1772 (Fl. 2022)
    • Description: Authorizing adults with disabilities to enter into supported decision making agreements under certain circumstances; providing that such agreements do not preclude a decisionmaker from acting independently
    • Status: Died on 03/14/2022 in the Children, Families, and Elder Affairs Committee
  • S.B. 1010 & H.B. 681 (Fl. 2021).
    • Description: Creates Florida Supported Decision-Making Law & requires that petitions for guardianship state efforts to use less restrictive methods before seeking appointment
    • Status: Died on 04/30/2021 in the Children, Families, and Elder Affairs Committee

Case Law & Court Orders

  • Story of M.M. (10/13/16 consent order terminated his guardianship in favor of supported decision-making)
  • Story of T.B. (Autism resulted in his rights being stripped away. He just won them back)

State Grant Programs

2016-2017 Grantee: Northern Florida Office of Public Guardian
  • Summary: The Florida Supporting Choices Project, created by the North Florida Office of Public Guardian, has been working towards a two-fold objective. First, the project will establish a small support group made up of individuals with disabilities and older adults who have identified personal goals in areas where they wish to achieve greater decision-making independence.  Second, the project will revise the existing “Florida Developmental Disabilities Council’s Developing Abilities: As Workbook for Persons with Disabilities” to remove any state-specific references.
  • Contact: Karen Campbell, Executive Director, North Florida Office of Public Guardian, Inc., karen.campbell@northfloridaopg.org, 850-487-4609, Ext. 103

Other Resources

Information Last Updated: January 24, 2025

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