SB1606 • 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: Jones
Last action: 2026-03-13
Official status: Senate - Died in Judiciary
Effective date: 2026-07-01

Plain English Breakdown

The bill summary does not specify what happens if there are no other family members available to serve as personal representatives.

Allowing Felons to Serve as Personal Representatives

This bill allows certain individuals with felony convictions who are not in jail and have a close relationship to the deceased to serve as personal representatives if they meet specific criteria.

What This Bill Does

Changes the law so that someone convicted of a felony can be a personal representative for a family member's estate under certain conditions, provided they are not currently incarcerated.
Requires courts to consider several factors when deciding whether to allow a felon to serve as a personal representative.

Who It Names or Affects

People who have been convicted of a felony but are not in jail and have a close relationship with the deceased.
Courts deciding on personal representative petitions involving felons.
Families dealing with estates where a felon is seeking to be a personal representative.

Terms To Know

Personal Representative: A person appointed by the court or named in a will to manage and distribute an estate after someone dies.
Felony Conviction: A serious criminal offense that carries significant penalties, including imprisonment for more than one year.

Limits and Unknowns

The bill only applies if the felon is not currently incarcerated and has a close relationship to the deceased.
It does not specify what happens if there are no other family members available to serve as personal representatives.

Bill History

2026-03-13 Senate
• Died in Judiciary
2026-01-22 Senate
• Introduced
2026-01-16 Senate
• Referred to Judiciary; Appropriations Committee on Criminal and Civil Justice; Rules
2026-01-09 Senate
• Filed

Official Summary Text

Serving as Personal Representative after a Felony Conviction; Creating an exception to allow a person convicted of a felony who is not currently incarcerated to serve as a personal representative if they have a specified relationship to the deceased in certain circumstances; requiring a court to consider certain criteria when determining if such person may serve as a personal representative, etc.

Current Bill Text

Read the full stored bill text

Florida Senate
-
2026

SB 1606

By
Senator Jones

34-01329A-26 20261606__
1 A bill to be entitled
2 An act relating to serving as personal representative
3 after a felony conviction; amending s. 733.303, F.S.;
4 creating an exception to allow a person convicted of a
5 felony who is not currently incarcerated to serve as a
6 personal representative if they have a specified
7 relationship to the deceased in certain circumstances;
8 requiring a court to consider certain criteria when
9 determining if such person may serve as a personal
10 representative; providing applicability; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (a) of subsection (1) of section
16 733.303, Florida Statutes, is amended to read:
17 733.303 Persons not qualified.—
18 (1) A person is not qualified to act as a personal
19 representative if the person:
20 (a)
1.
Has been convicted of a felony
, unless the person is

21
a parent, spouse, child, or grandchild of the decedent who is

22
not currently incarcerated and there are no other family members

23
of the same degree of consanguinity to serve
.
24
2.

If a family member of a decedent petitions to be

25
appointed as personal representative and has a felony

26
conviction, the court must make the determination to grant the

27
petition pursuant to s. 4, Art. VI of the State Constitution. In

28
making its determination, the court shall consider the following

29
criteria to evaluate the petitioner’s ability to serve as

30
personal representative:

31
a.

Whether the decedent was the victim of the fe
lony for

32
which the petitioner was convicted.

33
b.

Whether the petitioner was convicted for a violation of

34
chapters 812 or 817 or a crime involving dishonesty, theft, or

35
fraud.

36
c.

The nature and circumstances of the offe
nse committed by

37
the petitioner
.

38
d.

The timing of the offense, including the petitioner’s

39
age at the time of the offense and, if applicable, the length of

40
time since the petitioner was released from incarceration.

41
e.

Any concerns of interested parties.

42
f.

Evidence of the petitioner’s rehabilitation.

43
g.

Whether the petitioner’s civil rights have been

44
restored.

45
h.

The relationship of the decedent and petitioner at the

46
time of the decedent’s death and for at least 2 years prior.

47
3.

The court may use any of the criteria under subparagraph

48
2. when determining if a petition will be granted.

49 Section 2. This act shall take effect July 1, 2026.