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CS/CS/HB 737 2026
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hb737-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to persons disqualified from being 2
appointed as a guardian; amending s. 744.309, F.S.; 3
authorizing a court to appoint a person who has been 4
convicted of a felony to be a guardian of a proposed 5
ward under certain circumstances; requiring the court 6
to consider imposing additional requirements on 7
certain guardians to safeguard the proposed ward and 8
his or her property; authorizing the court to deny an 9
appointment as guardian if it determines an 10
appointment would place the proposed ward, or his or 11
her property, at risk; amending s. 744.474, F.S.; 12
conforming a provision to changes made by the act; 13
providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Subsection (3) of section 744.309, Florida 18
Statutes, is amended to read: 19
744.309 Who may be appointed guardian of a resident ward.— 20
(3) DISQUALIFIED PERSONS.— 21
(a) The following persons are disqualified from being 22
appointed a guardian under this section: 23
1. A No person who has been convicted of a felony, except 24
as provided in paragraph (e). 25
CS/CS/HB 737 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. A person or who, from any incapacity or illness, is 26
incapable of discharging the duties of a guardian, or who is 27
otherwise unsuitable to perform the duties of a guardian. 28
3. A, shall be appointed to act as guardian. Further, no 29
person who has been judicially determined to have committed 30
abuse, abandonment, or neglect against a child as defined in s. 31
39.01 or s. 984.03(1), (2), and (24). 32
4. A person, or who has been found guilty of, regardless 33
of adjudication, or entered a plea of nolo contendere or guilty 34
to, any offense prohibited under s. 435.04 or similar statute of 35
another jurisdiction, shall be appointed to act as a guardian. 36
(b) Except as provided in subsection (5) or subsection 37
(6), a person who provides substantial services to the proposed 38
ward in a professional or business capacity, or a creditor of 39
the proposed ward, may not be appointed guardian and retain that 40
previous professional or business relationship. 41
(c) A person may not be appointed a guardian if he or she 42
is in the employ of any person, agency, government, or 43
corporation that provides service to the proposed ward in a 44
professional or business capacity, except that a person so 45
employed may be appointed if he or she is the spouse, adult 46
child, parent, or sibling of the proposed ward or the court 47
determines that the potential conflict of interest is 48
insubstantial and that the appointment would clearly be in the 49
proposed ward's best interest. 50
CS/CS/HB 737 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) The court may not appoint a guardian in any other 51
circumstance in which a conflict of interest may occur. 52
(e)1. Notwithstanding paragraph (a), a court may appoint a 53
person who has been convicted of a felony to serve as a guardian 54
if all of the following conditions are met: 55
a. The person is the parent of the proposed ward. 56
b. The person has disclosed his or her felony conviction 57
to the court. 58
c. The person's felony conviction, and all of the terms 59
and conditions of the sentence, have been fulfilled, completed, 60
or terminated at least 10 years before the filing of the 61
application for appointment. For purposes of this sub-62
subparagraph, the terms and conditions of the sentence include, 63
but are not limited to, incarceration, parole, fines, 64
restitution and financial penalties, and any other condition 65
required to fulfill the felony conviction. 66
d. The felony conviction did not involve financial 67
exploitation, breach of fiduciary duty, or any offense involving 68
financial harm or dishonesty to a vulnerable adult as defined in 69
s. 415.102. 70
e. The court finds by clear and convincing evidence that 71
the person is otherwise qualified, suitable, and fit to serve as 72
a guardian under this chapter. 73
f. The court finds that the appointment is in the best 74
interests of the proposed ward. 75
CS/CS/HB 737 2026
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. The court must consider imposing additional 76
requirements on a guardian appointed under this paragraph to 77
safeguard the proposed ward and the proposed ward's property, 78
including, but not limited to: 79
a. Requiring a bond to protect the proposed ward's assets. 80
b. Imposing a court-approved budget of the proposed ward's 81
expenses. 82
c. Increasing the frequency with which the guardian must 83
file with the court his or her plans and accountings. 84
3. This paragraph does not require the court to appoint a 85
person who meets the criteria in this paragraph, and the court 86
may deny an appointment if it determines that the appointment 87
would place the proposed ward, or his or her property, at risk. 88
Section 2. Subsection (9) of section 744.474, Florida 89
Statutes, is amended to read: 90
744.474 Reasons for removal of guardian.—A guardian may be 91
removed for any of the following reasons, and the removal shall 92
be in addition to any other penalties prescribed by law: 93
(9) Conviction of a felony which occurs after the 94
guardianship appointment. 95
Section 3. This act shall take effect July 1, 2026. 96