1 | A bill to be entitled |
2 | An act relating to parental authority; amending s. |
3 | 744.301, F.S.; authorizing natural guardians to waive and |
4 | release, in advance, any claim or cause of action that |
5 | would accrue to any of their minor children to the same |
6 | extent that any adult may do so on his or her own behalf; |
7 | providing that such waivers and releases are disfavored |
8 | and must be strictly construed against a party claiming to |
9 | be relieved of liability; providing readability |
10 | requirements for the wording of such waivers and releases; |
11 | providing that such a waiver and release may not be |
12 | construed to apply to illegal acts; providing an effective |
13 | date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Subsection (2) of section 744.301, Florida |
18 | Statutes, is amended to read: |
19 | 744.301 Natural guardians.-- |
20 | (2)(a) Natural guardians are authorized, on behalf of any |
21 | of their minor children, to: |
22 | 1.(a) Settle and consummate a settlement of any claim or |
23 | cause of action accruing to any of their minor children for |
24 | damages to the person or property of any of said minor children; |
25 | 2.(b) Collect, receive, manage, and dispose of the |
26 | proceeds of any such settlement; |
27 | 3.(c) Collect, receive, manage, and dispose of any real or |
28 | personal property distributed from an estate or trust; |
29 | 4.(d) Collect, receive, manage, and dispose of and make |
30 | elections regarding the proceeds from a life insurance policy or |
31 | annuity contract payable to, or otherwise accruing to the |
32 | benefit of, the child; and |
33 | 5.(e) Collect, receive, manage, dispose of, and make |
34 | elections regarding the proceeds of any benefit plan as defined |
35 | by s. 710.102, of which the minor is a beneficiary, participant, |
36 | or owner, |
37 |
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38 | without appointment, authority, or bond, when the amounts |
39 | received, in the aggregate, do not exceed $15,000. |
40 | (b) In addition to the authority granted in paragraph (a), |
41 | natural guardians are authorized, on behalf of any of their |
42 | minor children, to waive and release, in advance, any claim or |
43 | cause of action that would accrue to any of their minor children |
44 | to the same extent that any adult may do so on his or her own |
45 | behalf. Waivers and releases under this paragraph are disfavored |
46 | and must be strictly construed against a party claiming to be |
47 | relieved of liability due to such a waiver and release. Such |
48 | waivers and releases are enforceable only where and to the |
49 | extent that the intention to be relieved of liability was made |
50 | clear and unequivocal in the waiver and release and the wording |
51 | of the waiver and release was so clear and understandable that |
52 | an ordinary and knowledgeable person would know what he or she |
53 | would be contracting away. Nothing in this paragraph shall be |
54 | construed to allow such a waiver and release for illegal acts. |
55 | Section 2. This act shall take effect July 1, 2009. |