| 1 | Representative Kyle offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between line(s) 205 and 206, insert: |
| 5 |
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| 6 | Section 4. Subsection (3) of section 744.309, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 744.309 Who may be appointed guardian of a resident |
| 9 | ward.-- |
| 10 | (3) DISQUALIFIED PERSONS.-- |
| 11 | (a) No person who has been convicted of a felony or who, |
| 12 | from any incapacity or illness, is incapable of discharging the |
| 13 | duties of a guardian, or who is otherwise unsuitable to perform |
| 14 | the duties of a guardian, shall be appointed to act as guardian. |
| 15 | Further, no person who has been judicially determined to have |
| 16 | committed abuse, abandonment, or neglect against a child as |
| 17 | defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has |
| 18 | been found guilty of, regardless of adjudication, or entered a |
| 19 | plea of nolo contendere or guilty to, any offense prohibited |
| 20 | under s. 435.03 or under any similar statute of another |
| 21 | jurisdiction, shall be appointed to act as a guardian. Except as |
| 22 | provided in subsection (5) or subsection (6), a person who |
| 23 | provides substantial services to the proposed ward in a |
| 24 | professional or business capacity, or a creditor of the proposed |
| 25 | ward, may not be appointed guardian and retain that previous |
| 26 | professional or business relationship. A person may not be |
| 27 | appointed a guardian if he or she is in the employ of any |
| 28 | person, agency, government, or corporation that provides service |
| 29 | to the proposed ward in a professional or business capacity, |
| 30 | except that a person so employed may be appointed if he or she |
| 31 | is the spouse, adult child, parent, or sibling of the proposed |
| 32 | ward or the court determines that the potential conflict of |
| 33 | interest is insubstantial and that the appointment would clearly |
| 34 | be in the proposed ward's best interest. The court may not |
| 35 | appoint a guardian in any other circumstance in which a conflict |
| 36 | of interest may occur. |
| 37 | (b) A spouse shall not serve as a guardian of his or her |
| 38 | spouse if, during the ward's incapacity, the guardian spouse |
| 39 | fathers or gives birth to a child out of wedlock. |
| 40 |
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| 41 | ================ T I T L E A M E N D M E N T ============= |
| 42 | Remove line(s) 23 and insert: |
| 43 |
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| 44 | the prohibition; amending s. 744.309, F.S.; prohibiting a spouse |
| 45 | from serving as a guardian for his or her spouse if, during the |
| 46 | ward's incapacity, the guardian spouse fathers or gives birth to |
| 47 | a child out of wedlock; specifying that the act is remedial; |