He lived and went to school in Miami Beach, Florida.
He is married and has two daughters, one of whom is disabled.
In 1992 he won first election to the Florida Senate defeating Democrat Kendall Coffey, who was subsequently appointed by President Clinton as the United States Attorney for the Southern District of Florida. Gutman resigned his post as chair of the Senate Health Care Committee over alleged improprieties in brokering a Medicaid health plan during his term as vice chairman of the committee. He had obtained the permission of the Senate legal counsel before brokering the deal and maintained his position on the Senate Select Committee on Social Services Reform and the Ways and Means subcommittee. Gutman accused his opponent in the 1998 senatorial election of using voodoo against him after Santería paraphernalia was tossed at him and scattered on his vehicle by his opponent's supporters; Gutman won the election.
In 1998 he was indicted along with his wife by the United States Attorney's Office for the Southern District of Florida on charges of conspiracy to commit Medicare fraud. Charges were related to 1992 events in a home health care company with an office that was used during his senatorial campaign as headquarters. Charges against wife were dropped to one misdemeanor count; On 6th day of trial he pleaded guilty to one felony conspiracy count that he benefited from home health care companies that defrauded Medicare.
He resigned from the Florida Senate as part of the plea bargain that called for a 2-year prison term. Judge Alan Gold rejected the plea agreement and sentenced him in 2000 to five years in prison, fined him $50,000 and ordered to pay $98,175 in restitution. He appealed the conviction and sentence after discovering that the prosecutor manipulated the system so the case would be assigned to Judge Alan Stephen Gold; Judge Gold had a conflict of interest and failed to disclose that he was Kendall Coffey's former law partner; Judge failed to disclose close relationships to his political adversaries. Court of Appeal refused to hear the case. He was released on 2003. Paid fine and restitution on 2007, during which time he also registered for a patent for cigar cutter that he transferred to Nicaragua Tobacco Imports, Inc., Miami, Florida.