| 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. |