HB1459 • 2026

Serving as Personal Representative After a Felony Conviction

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Gantt
Last action: 2026-03-13
Official status: House - Died in Civil Justice & Claims Subcommittee
Effective date: 2026-07-01

Plain English Breakdown

The official source material does not provide a comprehensive list of all criteria that courts must consider. It only specifies certain criteria without listing them exhaustively.

Allowing Felons to Serve as Personal Representatives

This bill allows certain individuals who have been convicted of a felony but are not currently incarcerated to serve as personal representatives if they meet specific conditions.

What This Bill Does

Changes the law so that someone with a felony conviction can be a personal representative if they are related to the deceased person and no other family members can do it.
Requires courts to consider certain criteria when deciding if someone with a felony can serve as a personal representative.

Who It Names or Affects

People who have been convicted of a felony but are not in jail.
Courts that decide on personal representative appointments.
Families dealing with the death of a loved one where someone with a felony might be considered as a personal representative.

Terms To Know

Personal Representative: A person who manages and distributes the estate of someone who has died, following the law and any instructions left by the deceased in their will.
Felony Conviction: A serious criminal offense that carries a sentence of more than one year in prison or death.

Limits and Unknowns

The bill only applies to people who are not currently incarcerated and have specific relationships with the deceased.
It does not change other laws about serving as a personal representative for those without felony convictions.
The effectiveness of this law depends on how courts interpret and apply the criteria listed.

Bill History

2026-03-13 House
• Died in Civil Justice & Claims Subcommittee
2026-01-15 House
• Referred to Civil Justice & Claims Subcommittee • Referred to Judiciary Committee • Now in Civil Justice & Claims Subcommittee
2026-01-13 House
• 1st Reading (Original Filed Version)
2026-01-09 House
• Filed

Official Summary Text

Serving as Personal Representative After a Felony Conviction; Creates exception to allow person convicted of felony who is not currently incarcerated to serve as personal representative if they have specified relationship to deceased; requires court to consider certain criteria when determining if such person may serve as personal representative.

Current Bill Text

Read the full stored bill text

HB 1459 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 1 of 2
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 serving as personal representative 2
after a felony conviction; amending s. 733.303, F.S.; 3
creating an exception to allow a person convicted of a 4
felony who is not currently incarcerated to serve as a 5
personal representative if they have a specified 6
relationship to the deceased in certain circumstances; 7
requiring a court to consider certain criteria when 8
determining if such person may serve as a personal 9
representative; providing applicability; providing an 10
effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Paragraph (a) of subsection (1) of section 15
733.303, Florida Statutes, is amended to read: 16
733.303 Persons not qualified.— 17
(1) A person is not qualified to act as a personal 18
representative if the person: 19
(a)1. Has been convicted of a felony, unless the person is 20
a parent, spouse, child, or grandchild of the deceased who is 21
not currently incarcerated and there are no other family members 22
of the same degree of consanguinity to serve. 23
2. If a family member of a decedent petitions to be 24
appointed as personal representative and has a felony 25

HB 1459 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1459-00
Page 2 of 2
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

conviction, the court shall make the determination to grant the 26
petition pursuant to Article VI, Section 4 of the State 27
Constitution and use the following criteria to evaluate the 28
petitioner's ability to serve as personal representative: 29
a. If the decedent was the victim of the felony. 30
b. If the petitioner was convicted for a violation of 31
chapters 812 or 817 or a crime involving dishonesty, theft, or 32
fraud. 33
c. The nature and circumstances of the offense. 34
d. The timing of the offense including the petitioner's 35
age at the time of the offense and, if applicable, the length of 36
time since the petitioner was released from incarceration. 37
e. Any concerns of interested parties. 38
f. Evidence of rehabilitation. 39
g. Whether civil rights have been restored. 40
h. The relationship of the decedent and petitioner at the 41
time of the decedent's death and for at least 2 years prior. 42
3. The court may use any of the criteria under 43
subparagraph 2. when determining if a petition will be granted. 44
Section 2. This act shall take effect July 1, 2026. 45