THE BILL ITSELF
HB 1459
Serving as Personal Representative After a Felony Conviction
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A bill to be entitled
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An act relating to serving as personal representative
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after a felony conviction; amending s. 733.303, F.S.;
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creating an exception to allow a person convicted of a
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felony who is not currently incarcerated to serve as a
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personal representative if they have a specified
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relationship to the deceased in certain circumstances;
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requiring a court to consider certain criteria when
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determining if such person may serve as a personal
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representative; providing applicability; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (1) of section
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733.303, Florida Statutes, is amended to read:
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733.303 Persons not qualified.—
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(1) A person is not qualified to act as a personal
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representative if the person:
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(a)1. Has been convicted of a felony, unless the person is
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a parent, spouse, child, or grandchild of the deceased who is
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not currently incarcerated and there are no other family members
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of the same degree of consanguinity to serve.
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2. If a family member of a decedent petitions to be
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appointed as personal representative and has a felony
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conviction, the court shall make the determination to grant the
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petition pursuant to Article VI, Section 4 of the State
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Constitution and use the following criteria to evaluate the
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petitioner's ability to serve as personal representative:
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a. If the decedent was the victim of the felony.
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b. If the petitioner was convicted for a violation of
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chapters 812 or 817 or a crime involving dishonesty, theft, or
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fraud.
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c. The nature and circumstances of the offense.
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d. The timing of the offense including the petitioner's
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age at the time of the offense and, if applicable, the length of
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time since the petitioner was released from incarceration.
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e. Any concerns of interested parties.
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f. Evidence of rehabilitation.
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g. Whether civil rights have been restored.
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h. The relationship of the decedent and petitioner at the
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time of the decedent's death and for at least 2 years prior.
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3. The court may use any of the criteria under
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subparagraph 2. when determining if a petition will be granted.
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Section 2. This act shall take effect July 1, 2026.