The Florida Senate

743.09  Removal of disabilities of minors; artistic or creative services; professional sports contracts; procedure for court approval; appointment of a guardian ad litem.--

(1)(a)  A proceeding for the approval of a contract described by s. 743.08 shall be commenced by verified petition by:

1.  Either natural parent of the minor, or other person having custody of the minor;

2.  A guardian of person or property of the minor;

3.  The minor;

4.  Any party to the contract sought to be approved; or

5.  Any other interested person.

(b)  If a guardian of the person or property of the minor has been appointed or qualified in this state, the petition shall be made to the court by which he or she was appointed or in which he or she qualified. If there is no such guardian, the petition shall be made in the circuit court, probate division, or other circuit division having guardianship jurisdiction, in the circuit where the minor resides, or if he or she is not a resident of the state, in any county in which the minor is to be employed under the contract.

(c)  The following persons, other than one who is the petitioner or who joins in the petition, shall be served with the petition by formal notice as provided by the Florida Probate Rules:

1.  The minor, if over the age of 14 years.

2.  His or her guardian or guardians, if any, whether or not appointed or qualified in this state.

3.  Each party to the contract.

4.  The parent or parents of the minor.

5.  Any person having the care and custody of the minor.

6.  The person with whom the minor resides, if other than a parent or guardian.

(d)  Formal notice shall be made at least 30 days before the time at which the petition is set to be heard, unless the court shall fix a shorter time upon cause shown.

(2)  The petition shall have annexed a complete copy of the contract or proposed contract and shall set forth:

(a)  The full name, residence, and date of birth of the minor.

(b)  The name and residence of any living parent of the minor, the name and residence of the person who has care and custody of the minor, and the name and residence of the person with whom the minor resides.

(c)  Whether the minor is a resident of the state or, if he or she is not a resident, that the petition is for approval of a contract for performance or rendering of services by the minor and the place in the state where the services are to be performed or rendered.

(d)  A brief statement as to the minor's employment and compensation under the contract or proposed contract.

(e)  A statement that the term of the contract during which the minor is to perform or render services or during which a person is employed to render services to the minor can in no event extend for a period of more than 3 years from the date of approval of the contract.

(f)  An enumeration of any other covenants or conditions contained in the contract which extend beyond such 3 years or a statement that the contract contains no such other covenants or conditions.

(g)  A schedule showing the minor's estimated gross earnings, estimated outlays, and estimated net earnings as defined in s. 743.095

(h)  The interest of the petitioner in the contract or proposed contract or in the minor's performance under it.

(i)  Such other facts known by the petitioner regarding the minor and his or her family and property as show that the contract is reasonable and provident and for the best interests of the minor, including whether the minor has had at any time a guardian appointed by a court of any jurisdiction, and the facts with respect to any previous application for the relief sought or whether similar relief has been sought with respect to the minor.

(3)  At any time after the filing of the petition, the court, if it deems it advisable, may appoint a guardian ad litem, pursuant to s. 744.301, to represent the interests of the minor. The court shall appoint a guardian ad litem as to any contract where the parent or guardian will receive remuneration or financial gain from the performance of the contract or has any other conflict of interest with the minor as defined by s. 744.446 The court, in determining whether a guardian ad litem should be appointed, may consider the following criteria:

(a)  The length of time the exclusive services of the minor are required.

(b)  Whether the gross earnings of the minor under the contract are either contingent or unknown.

(c)  Whether the gross earnings of the minor under the contract are in excess of $15,000.

(4)  The guardian ad litem shall be entitled to reasonable compensation. The court shall have the power to determine the amount of the reasonable compensation paid to the guardian ad litem and may determine which party shall be responsible for the fee, whether the fee shall be paid from the earnings of the minor pursuant to the contract sought to be approved, or may apportion the fee between the parties to the proceedings.

(5)(a)  The minor, unless excused by the court for good cause shown, shall attend personally before the court upon the hearing of the petition.

(b)  The court may, by order:

1.  Determine any issue arising from the pleadings or proof and required to be determined for final disposition of the matter, including issues with respect to the age or emancipation of the minor.

2.  Approve or disapprove the contract or proposed contract.

3.  Approve the contract upon such conditions, with respect to modification of the terms thereof or otherwise, as it shall determine.

4.  Appoint a guardian of the property to hold the earnings of the minor as provided by s. 743.095

History.--s. 39, ch. 95-401.