Read the full stored bill text
Florida Senate
-
2026
SB 960
By
Senator Bradley
6-01020B-26 2026960__
1 A bill to be entitled
2 An act relating to persons disqualified from being
3 appointed as a guardian; amending s. 744.309, F.S.;
4 authorizing a court to appoint a person who has been
5 convicted of a felony to be a guardian of a ward or
6 proposed ward under certain circumstances; amending s.
7 744.474, F.S.; conforming a provision to changes made
8 by the act; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (3) of section 744.309, Florida
13 Statutes, is amended to read:
14 744.309 Who may be appointed guardian of a resident ward.—
15 (3) DISQUALIFIED PERSONS.—
16
(a)
The following persons are disqualified from being
17
appointed a guardian under this section:
18
1.
A
No
person who has been convicted of a felony
within
19
the 10 years before the appointment of a guardian.
20
2.
A person
or
who, from any incapacity or illness, is
21 incapable of discharging the duties of a guardian
,
or who is
22 otherwise unsuitable to perform the duties of a guardian
.
23
3.
A
, shall be appointed to act as guardian. Further, no
24 person who has been judicially determined to have committed
25 abuse, abandonment, or neglect against a child as defined in s.
26 39.01 or s. 984.03(1), (2), and (24)
.
27
4.
A person
, or
who has been found guilty of, regardless of
28 adjudication, or entered a plea of nolo contendere or guilty to,
29 any offense prohibited under s. 435.04 or similar statute of
30 another jurisdiction
, shall be appointed to act as a guardian
.
31
(b)
Except as provided in subsection (5) or subsection (6),
32 a person who provides substantial services to the proposed ward
33 in a professional or business capacity, or a creditor of the
34 proposed ward, may not be appointed guardian and retain that
35 previous professional or business relationship.
36
(c)
A person may not be appointed a guardian if he or she
37 is in the employ of any person, agency, government, or
38 corporation that provides service to the proposed ward in a
39 professional or business capacity, except that a person so
40 employed may be appointed if he or she is the spouse, adult
41 child, parent, or sibling of the proposed ward or the court
42 determines that the potential conflict of interest is
43 insubstantial and that the appointment would clearly be in the
44 proposed ward’s best interest.
45
(d)
The court may not appoint a guardian in any
other
46 circumstance in which a conflict of interest may occur.
47
(e)
A court may appoint a person who has been convicted of
48
a felony to serve as a guardian if all of the following
49
conditions are met:
50
1.
The person is the parent, child, sibling, spouse,
51
grandparent, or grandchild of the proposed ward.
52
2.
The person has disclosed his or her felony conviction to
53
the court.
54
3.
The felony conviction occurred more than 10 years before
55
the appointment of the person as a guardian.
56
4.
The person would otherwise be eligible to serve as a
57
guardian under this chapter.
58
5.
After reviewing the person’s qualifications, the court
59
determines that, despite the felony conviction, the person is
60
able to carry out in an appropriate manner all of the
61
requirements and responsibilities of a guardian and act in the
62
proposed ward’s best interest.
63 Section 2. Subsection (9) of section 744.474, Florida
64 Statutes, is amended to read:
65 744.474 Reasons for removal of guardian.—A guardian may be
66 removed for any of the following reasons, and the removal shall
67 be in addition to any other penalties prescribed by law:
68 (9) Conviction of a felony
, unless the court determines
69
that all of the conditions of s. 744.309(3)(e) are met
.
70 Section 3. This act shall take effect July 1, 2026.