Panel backs bill letting judges consider guardianship despite prior felony when suitable
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Summary
Representative Botana’s HB737 would restore judicial discretion to grant guardianship to parents or other individuals with past felonies if appropriate, with a 10-year lookback and exclusions for serious offenses; committee approved the measure unanimously after stakeholder consultation was noted.
Representative Botana described HB737 as a compromise to give presiding judges discretion to appoint a guardian for an adult child despite a prior felony conviction, with a 10-year safe period if no subsequent felony occurs. He said the change responds to constituent requests where a parent is otherwise unable to serve because of an old conviction.
Members asked about which felonies would remain disqualifying. The sponsor said certain crimes such as fraud would not be permitted but emphasized that the statutory change places discretion with the judge to evaluate each case individually. Representative Rayner and others requested follow-up on statutory cross-references; staff pointed to the bill text (line 29) for details.
Bar stakeholders (Real Property Probate and Trust Law) were described as raising concerns under review; Florida Smart Justice Alliance waived in support. The committee voted 16-0 to report HB737 favorably.
The bill now proceeds to subsequent committee consideration.
