THE BILL ITSELF
CS/CS/HB 737
Persons Disqualified from Being Appointed as a Guardian
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A bill to be entitled
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An act relating to persons disqualified from being
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appointed as a guardian; amending s. 744.309, F.S.;
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authorizing a court to appoint a person who has been
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convicted of a felony to be a guardian of a proposed
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ward under certain circumstances; requiring the court
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to consider imposing additional requirements on
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certain guardians to safeguard the proposed ward and
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his or her property; authorizing the court to deny an
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appointment as guardian if it determines an
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appointment would place the proposed ward, or his or
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her property, at risk; amending s. 744.474, F.S.;
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conforming a provision to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 744.309, Florida
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Statutes, is amended to read:
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744.309 Who may be appointed guardian of a resident ward.—
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(3) DISQUALIFIED PERSONS.—
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(a) The following persons are disqualified from being
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appointed a guardian under this section:
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1. A No person who has been convicted of a felony, except
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as provided in paragraph (e).
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2. A person or who, from any incapacity or illness, is
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incapable of discharging the duties of a guardian, or who is
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otherwise unsuitable to perform the duties of a guardian.
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3. A, shall be appointed to act as guardian. Further, no
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person who has been judicially determined to have committed
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abuse, abandonment, or neglect against a child as defined in s.
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39.01 or s. 984.03(1), (2), and (24).
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4. A person, or who has been found guilty of, regardless
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of adjudication, or entered a plea of nolo contendere or guilty
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to, any offense prohibited under s. 435.04 or similar statute of
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another jurisdiction, shall be appointed to act as a guardian.
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(b) Except as provided in subsection (5) or subsection
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(6), a person who provides substantial services to the proposed
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ward in a professional or business capacity, or a creditor of
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the proposed ward, may not be appointed guardian and retain that
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previous professional or business relationship.
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(c) A person may not be appointed a guardian if he or she
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is in the employ of any person, agency, government, or
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corporation that provides service to the proposed ward in a
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professional or business capacity, except that a person so
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employed may be appointed if he or she is the spouse, adult
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child, parent, or sibling of the proposed ward or the court
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determines that the potential conflict of interest is
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insubstantial and that the appointment would clearly be in the
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proposed ward's best interest.
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(d) The court may not appoint a guardian in any other
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circumstance in which a conflict of interest may occur.
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(e)1. Notwithstanding paragraph (a), a court may appoint a
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person who has been convicted of a felony to serve as a guardian
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if all of the following conditions are met:
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a. The person is the parent of the proposed ward.
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b. The person has disclosed his or her felony conviction
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to the court.
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c. The person's felony conviction, and all of the terms
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and conditions of the sentence, have been fulfilled, completed,
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or terminated at least 10 years before the filing of the
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application for appointment. For purposes of this sub-
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subparagraph, the terms and conditions of the sentence include,
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but are not limited to, incarceration, parole, fines,
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restitution and financial penalties, and any other condition
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required to fulfill the felony conviction.
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d. The felony conviction did not involve financial
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exploitation, breach of fiduciary duty, or any offense involving
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financial harm or dishonesty to a vulnerable adult as defined in
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s. 415.102.
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e. The court finds by clear and convincing evidence that
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the person is otherwise qualified, suitable, and fit to serve as
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a guardian under this chapter.
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f. The court finds that the appointment is in the best
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interests of the proposed ward.
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2. The court must consider imposing additional
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requirements on a guardian appointed under this paragraph to
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safeguard the proposed ward and the proposed ward's property,
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including, but not limited to:
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a. Requiring a bond to protect the proposed ward's assets.
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b. Imposing a court-approved budget of the proposed ward's
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expenses.
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c. Increasing the frequency with which the guardian must
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file with the court his or her plans and accountings.
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3. This paragraph does not require the court to appoint a
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person who meets the criteria in this paragraph, and the court
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may deny an appointment if it determines that the appointment
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would place the proposed ward, or his or her property, at risk.
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Section 2. Subsection (9) of section 744.474, Florida Statutes, is amended to read:
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744.474 Reasons for removal of guardian.—A guardian may be
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removed for any of the following reasons, and the removal shall
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be in addition to any other penalties prescribed by law:
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(9) Conviction of a felony which occurs after the
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guardianship appointment.
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Section 3. This act shall take effect July 1, 2026.