Senate Bill sb1016

    Florida Senate - 2001                                  SB 1016

    By Senator Rossin





    35-814A-01

  1                      A bill to be entitled

  2         An act relating to guardianship; amending s.

  3         744.387, F.S.; raising the amount of a claim

  4         that may be settled by a natural guardian of a

  5         minor without the necessity of appointment of a

  6         legal guardian; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 744.387, Florida Statutes, is

11  amended to read:

12         744.387  Settlement of claims.--

13         (1)  When a settlement of any claim by or against the

14  guardian, whether arising as a result of personal injury or

15  otherwise, and whether arising before or after appointment of

16  a guardian, is proposed, but before an action to enforce it is

17  begun, on petition by the guardian of the property stating the

18  facts of the claim, question, or dispute and the proposed

19  settlement, and on any evidence that is introduced, the court

20  may enter an order authorizing the settlement if satisfied

21  that the settlement will be for the best interest of the ward.

22  The order shall relieve the guardian from any further

23  responsibility in connection with the claim or dispute when

24  the settlement has been made in accordance with the order.

25  The order authorizing the settlement may also determine

26  whether an additional bond is required and, if so, shall fix

27  the amount of it.

28         (2)  In the same manner as provided in subsection (1)

29  or as authorized by s. 744.301, the natural guardians or

30  guardian of a minor may settle any claim by or on behalf of a

31  minor that does not exceed $15,000 $5,000 without bond.  A

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1016
    35-814A-01




  1  legal guardianship shall be required when the amount of the

  2  net settlement to the ward exceeds $15,000 $5,000.

  3         (3)(a)  No settlement after an action has been

  4  commenced by or on behalf of a ward shall be effective unless

  5  approved by the court having jurisdiction of the action.

  6         (b)  In the event of settlement or judgment in favor of

  7  the ward or minor, the court may authorize the natural

  8  guardians or guardian, or a guardian of the property appointed

  9  by a court of competent jurisdiction, to collect the amount of

10  the settlement or judgment and to execute a release or

11  satisfaction.  When the amount of net settlement to the ward

12  or judgment exceeds $15,000 $5,000 and no guardian has been

13  appointed, the court shall require the appointment of a

14  guardian for the property.

15         (4)  In making a settlement under court order as

16  provided in this section, the guardian is authorized to

17  execute any instrument that may be necessary to effect the

18  settlement.  When executed, the instrument shall be a complete

19  release of the person making the settlement.

20         Section 2.  This act shall take effect July 1, 2001.

21

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23                          SENATE SUMMARY

24    Increases from $5,000 to $15,000 the maximum amount of a
      claim that a natural guardian of a minor may settle
25    without the appointment of a legal guardian.

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CODING: Words stricken are deletions; words underlined are additions.