Senate Bill sb1016c1
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Florida Senate - 2001 CS for SB 1016
By the Committee on Judiciary and Senator Rossin
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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; amending s. 744.301, F.S.;
7 raising the amount of a claim that may be
8 settled by a natural guardian of a minor
9 without the necessity of appointment of a
10 guardian ad litem; amending s. 744.3215, F.S.;
11 restricting authority of guardian to withdraw
12 or withhold life-prolonging procedures without
13 prior specific court authority; providing an
14 effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 744.387, Florida Statutes, is
19 amended to read:
20 744.387 Settlement of claims.--
21 (1) When a settlement of any claim by or against the
22 guardian, whether arising as a result of personal injury or
23 otherwise, and whether arising before or after appointment of
24 a guardian, is proposed, but before an action to enforce it is
25 begun, on petition by the guardian of the property stating the
26 facts of the claim, question, or dispute and the proposed
27 settlement, and on any evidence that is introduced, the court
28 may enter an order authorizing the settlement if satisfied
29 that the settlement will be for the best interest of the ward.
30 The order shall relieve the guardian from any further
31 responsibility in connection with the claim or dispute when
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Florida Senate - 2001 CS for SB 1016
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1 the settlement has been made in accordance with the order.
2 The order authorizing the settlement may also determine
3 whether an additional bond is required and, if so, shall fix
4 the amount of it.
5 (2) In the same manner as provided in subsection (1)
6 or as authorized by s. 744.301, the natural guardians or
7 guardian of a minor may settle any claim by or on behalf of a
8 minor that does not exceed $15,000 $5,000 without bond. A
9 legal guardianship shall be required when the amount of the
10 net settlement to the ward exceeds $15,000 $5,000.
11 (3)(a) No settlement after an action has been
12 commenced by or on behalf of a ward shall be effective unless
13 approved by the court having jurisdiction of the action.
14 (b) In the event of settlement or judgment in favor of
15 the ward or minor, the court may authorize the natural
16 guardians or guardian, or a guardian of the property appointed
17 by a court of competent jurisdiction, to collect the amount of
18 the settlement or judgment and to execute a release or
19 satisfaction. When the amount of net settlement to the ward
20 or judgment exceeds $15,000 $5,000 and no guardian has been
21 appointed, the court shall require the appointment of a
22 guardian for the property.
23 (4) In making a settlement under court order as
24 provided in this section, the guardian is authorized to
25 execute any instrument that may be necessary to effect the
26 settlement. When executed, the instrument shall be a complete
27 release of the person making the settlement.
28 Section 2. Subsections (2) and (4) of section 744.301,
29 Florida Statutes, are amended to read:
30 744.301 Natural guardians.--
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Florida Senate - 2001 CS for SB 1016
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1 (2) The natural guardian or guardians are authorized,
2 on behalf of any of their minor children, to settle and
3 consummate a settlement of any claim or cause of action
4 accruing to any of their minor children for damages to the
5 person or property of any of said minor children and to
6 collect, receive, manage, and dispose of the proceeds of any
7 such settlement and of any other real or personal property
8 distributed from an estate or trust or proceeds from a life
9 insurance policy to, or otherwise accruing to the benefit of,
10 the child during minority, when the amount involved in any
11 instance does not exceed $15,000 $5,000, without appointment,
12 authority, or bond.
13 (4)(a) In any case where a minor has a claim for
14 personal injury, property damage, or wrongful death in which
15 the gross settlement for the claim of the minor equals or
16 exceeds $15,000 $10,000, the court may, prior to the approval
17 of the settlement of the minor's claim, appoint a guardian ad
18 litem to represent the minor's interests. In any case in
19 which the gross settlement involving a minor equals or exceeds
20 $25,000, the court shall, prior to the approval of the
21 settlement of the minor's claim, appoint a guardian ad litem
22 to represent the minor's interests. The appointment of the
23 guardian ad litem must be without the necessity of bond or a
24 notice. The duty of the guardian ad litem is to protect the
25 minor's interests. The procedure for carrying out that duty
26 is as prescribed in the Florida Probate Rules. If a legal
27 guardian of the minor has previously been appointed and has no
28 potential adverse interest to the minor, the court may not
29 appoint a guardian ad litem to represent the minor's
30 interests, unless the court determines that the appointment is
31 otherwise necessary.
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Florida Senate - 2001 CS for SB 1016
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1 (b) Unless waived, the court shall award reasonable
2 fees and costs to the guardian ad litem to be paid out of the
3 gross proceeds of the settlement.
4 Section 3. Subsection (4) of section 744.3215, Florida
5 Statutes, is amended to read:
6 744.3215 Rights of persons determined incapacitated.--
7 (4) Without first obtaining specific authority from
8 the court, as described in s. 744.3725, a guardian may not:
9 (a) Commit the ward to a facility, institution, or
10 licensed service provider without formal placement proceeding,
11 pursuant to chapter 393, chapter 394, or chapter 397.
12 (b) Consent on behalf of the ward to the performance
13 on the ward of any experimental biomedical or behavioral
14 procedure or to the participation by the ward in any
15 biomedical or behavioral experiment. The court may permit
16 such performance or participation only if:
17 1. It is of direct benefit to, and is intended to
18 preserve the life of or prevent serious impairment to the
19 mental or physical health of the ward; or
20 2. It is intended to assist the ward to develop or
21 regain his or her abilities.
22 (c) Initiate a petition for dissolution of marriage
23 for the ward.
24 (d) Consent on behalf of the ward to termination of
25 the ward's parental rights.
26 (e) Consent on behalf of the ward to the performance
27 of a sterilization or abortion procedure on the ward.
28 (f) Consent to or otherwise direct on behalf of the
29 ward to withdraw or withhold life-prolonging procedures. Any
30 authority exercised under this paragraph must comply with
31 chapter 765.
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1 Section 4. This act shall take effect July 1, 2001.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 SB 1016
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6 Amends s. 744.301, F.S., relating to the authority of natural
guardians to settle claims or suits on behalf of a minor for
7 specified threshold amounts without court appointment of a
guardian ad litem, to conform with the increase in the
8 threshold amount from $5,000 to $15,000 in s. 744.387, F.S.,
as amended by the bill.
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Amends s. 744.3215, F.S., to restrict the authority of
10 guardians to consent to or otherwise withhold or withdraw
life-prolonging procedures without prior court approval.
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