Florida HB 1459: Advanced Technology

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