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"I think the problem is that almost nobody is prosecuted under that statute, and indeed nobody would stand for widespread prosecutions under that statute. "
The 435.03 statute is under employment in the state of Florida.
TITLE XXXI LABOR Ch.435-452
Chapter 435 EMPLOYMENT SCREENING
435.03 Level 1 screening standards.--

(3) Standards must also ensure that the person:

(a) For employees and employers licensed or registered pursuant to chapter 400, and for employees and employers of developmental services institutions as defined in s. 393.063, intermediate care facilities for the developmentally disabled as defined in s. 393.063, and mental health treatment facilities as defined in s. 394.455, meets the requirements of this chapter.

It is one of the reasons for not hiring someone to work for the state of Florida, not to prosecute Michael for cohabitation. I guess guardianships fall under the employment statute in the state of Florida.

One difficulty is that the standard isn't that the person not engage in certain conduct, but rather that the person never have been prosecuted for such conduct. When the conduct in question is rarely prosecuted, that would suggest that perhaps it would be better to introduce a new standard. For example, require that--with a few exceptions(*)--guardians, before accepting guardianship swear that they will not engage in the listed forbidden conduct without first relinquishing guardianship, and acknowledge that there are penalties for violating that oath. Then yearly, require that they affirm that they have not engaged in such conduct during the tenure of their guardianship and will not do so in future (unless, as noted, they choose to relinquish it). Failure to take the renewal oath would not subject the guardian to criminal penalties, but would terminate the guardianship.

(*) I would allow exceptions to the cohabitation rule in case (1) there is no other potential guardian who is as near to the ward by blood than the proposed guardian, and (2) the proposed guardian was involved in the particular cohabitative relationship at the time the guardianship became necessary. If someone's parents are killed and their only aunt/uncle is living with her/his fianc&eactue;e, that shouldn't disqualify that relative from becoming guardian.

The 2003 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

744.309 Who may be appointed guardian of a resident ward.--

(1) RESIDENT.--

(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward.

(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward's family, and serves without compensation.

(2) NONRESIDENT.--A nonresident of the state may serve as guardian of a resident ward if he or she is:

(a) Related by lineal consanguinity to the ward;

(b) A legally adopted child or adoptive parent of the ward;

(c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or

(d) The spouse of a person otherwise qualified under this section.

(3) DISQUALIFIED PERSONS.--No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward's best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.

(4) TRUST COMPANY, STATE BANK OR SAVINGS ASSOCIATION, OR NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.--A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state may act as guardian of the property of the ward.

(5) NONPROFIT CORPORATE GUARDIAN.--A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian.

(6) HEALTH CARE PROVIDER.--A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward's best interests.

http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=Search_String=@URL=Ch0744/Sec309.HTM">http://www.megalaw.com/fl/flstatutes.php?App_mode=Display_Statute&codelink=Search_String=@URL=Ch0744/Sec309.HTM