WESH 2 Investigates: Guardian criminal cases prompt new Florida laws

by Greg Fox

ORLANDO, Fla. — The scheduled sentencing of disgraced, former Florida professional guardian Rebecca Fierle will cap four years of intensified investigations into the program that is supposed to provide safe, effective court-ordered care for incapacitated, mostly seniors.

Fierle — who was assigned hundreds of “wards” and handled hundreds of others not reported to local courts, according to audits — entered a plea in February of “no contest” to a felony count of neglect of a senior or incapacitated person.

Steven Stryker, 75, of Brevard County, died in May 2019 while under her care.

She had signed a “do not resuscitate” order and asked that Stryker’s feeding tube be capped, even though a state investigation concluded Stryker did not consent to those orders and Fierle failed to consult a judge, as required under Florida law.

She’ll be sentenced in circuit court in Hillsborough County Friday afternoon.

The state is asking for one year in county jail and four years probation, as well as a permanent ban on her ability to care for senior and incapacitated people.

Fierle’s actions, both medically and financially for her wards, were targeted in a series of WESH 2 Investigates reports.

Audits by Orange County Comptroller Phil Diamond’s office concluded she mismanaged funds and earned millions of dollars, money not reported to the courts.

For example, audits revealed AdventHealth paid Fierle nearly $4 million for unknown services for 472 patients.

WESH 2 Investigates also uncovered records showing Fierle earned money from a Seminole County assisted living facility to care for patients. That was not reported to the courts.

She was arrested in 2020 and charged with felony abuse and neglect in Stryker's death.

A trial in September 2022 ended with a mistrial, resulting in her plea to the neglect count earlier this year to avoid a second trial.

Her case, and that of others charged with abusing their power over wards, is driving changes in law, in particular, when it comes to tracking guardian activities.

“All of the judges will see if that guardian has multiple wards in multiple counties,” said Orange County Clerk Tiffany Moore Russell.

She points to a new database, mandated under a law passed in 2022, that will come online in November.

It'll provide judges with confidential information about guardians, their wards, and disciplinary actions.

“And so we can hopefully get rid of those who should not be guardians as well as for the courts to be appointing those who should be guardians," Moore Russell said.

Also in November, a new public online database will be activated, providing details on guardians, the number of wards in their care, and the counties where they work.

That's slightly more information than a "guardian profile" database launched in June by the Office of Public and Professional Guardians under the Florida Department of Elder Affairs.

A spokesperson, Sarah Stevenson, with the Department of Elder Affairs told WESH 2 News, "The public database includes guardianship bond information, education requirement compliance, the number of substantiated complaints against guardians, and disciplinary actions that enhances transparency and accountability among guardians."

In addition to the new databases, this year, Gov. Ron DeSantis signed into law, a measure (SB-1396) that will help to more quickly notify the Department of Elder Affairs when professional guardians are punished by the courts.

It also increases guardian licensing requirements, including 40 hours of initial instruction, and increases from 16 to 30 hours the continuing education needed every two years.

Key focus areas are managing a ward's finances and health care, and understanding abuse, neglect and exploitation.

Guardian attorney Kyle Fletcher is glad to see greater transparency.

“We do know if someone is going to commit a crime. But we should know if someone has committed a crime or done things that they have been reprimanded for," Fletcher said.

But Rick Black, with the Center for Estate Administration and Reform, says the state didn't go far enough.

He says there should be one database for the courts and the public.

“So that we see in one spot, is this a good guardian or a suspect guardian and to inform the public?” Black said.

Steven Stryker's daughter Kim is trying to be optimistic, hoping new tools to monitor guardians will prevent medical and financial abuses.

“Definitely, it's long overdue to have a database that is public-facing. The more access you can give to things being online and accessible is great," she said.

Full Article & Source:
WESH 2 Investigates: Guardian criminal cases prompt new Florida laws