Florida SB 960: Elevator Accessibility Requirements

Bill Text

960 
Persons Disqualified from Being Appointed as a Guardian 
2025-12-18T09:04:49Z 
Authorizing a court to appoint a person who has been convicted of a felony to be a guardian of a ward or proposed ward under certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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.