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 felony 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 offense 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.