Amendment
Bill No. 0701
Amendment No. 213395
CHAMBER ACTION
Senate House
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1Representative Kyle offered the following:
2
3     Amendment (with title amendment)
4     Between line(s) 205 and 206, insert:
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6     Section 4.  Subsection (3) of section 744.309, Florida
7Statutes, is amended to read:
8     744.309  Who may be appointed guardian of a resident
9ward.--
10     (3)  DISQUALIFIED PERSONS.--
11     (a)  No person who has been convicted of a felony or who,
12from any incapacity or illness, is incapable of discharging the
13duties of a guardian, or who is otherwise unsuitable to perform
14the duties of a guardian, shall be appointed to act as guardian.
15Further, no person who has been judicially determined to have
16committed abuse, abandonment, or neglect against a child as
17defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has
18been found guilty of, regardless of adjudication, or entered a
19plea of nolo contendere or guilty to, any offense prohibited
20under s. 435.03 or under any similar statute of another
21jurisdiction, shall be appointed to act as a guardian. Except as
22provided in subsection (5) or subsection (6), a person who
23provides substantial services to the proposed ward in a
24professional or business capacity, or a creditor of the proposed
25ward, may not be appointed guardian and retain that previous
26professional or business relationship. A person may not be
27appointed a guardian if he or she is in the employ of any
28person, agency, government, or corporation that provides service
29to the proposed ward in a professional or business capacity,
30except that a person so employed may be appointed if he or she
31is the spouse, adult child, parent, or sibling of the proposed
32ward or the court determines that the potential conflict of
33interest is insubstantial and that the appointment would clearly
34be in the proposed ward's best interest. The court may not
35appoint a guardian in any other circumstance in which a conflict
36of interest may occur.
37     (b)  A spouse shall not serve as a guardian of his or her
38spouse if, during the ward's incapacity, the guardian spouse
39fathers or gives birth to a child out of wedlock.
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41================ T I T L E  A M E N D M E N T =============
42Remove line(s) 23 and insert:
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44the prohibition; amending s. 744.309, F.S.; prohibiting a spouse
45from serving as a guardian for his or her spouse if, during the
46ward's incapacity, the guardian spouse fathers or gives birth to
47a child out of wedlock; specifying that the act is remedial;


CODING: Words stricken are deletions; words underlined are additions.