CS/HB 363

1
A bill to be entitled
2An act relating to parental authority; amending s.
3744.301, F.S.; authorizing natural guardians to waive and
4release, in advance, any claim or cause of action that
5would accrue to any of their minor children to the same
6extent that any adult may do so on his or her own behalf;
7providing that such waivers and releases are disfavored
8and must be strictly construed against a party claiming to
9be relieved of liability; providing readability
10requirements for the wording of such waivers and releases;
11providing that such a waiver and release may not be
12construed to apply to illegal acts; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (2) of section 744.301, Florida
18Statutes, is amended to read:
19     744.301  Natural guardians.--
20     (2)(a)  Natural guardians are authorized, on behalf of any
21of their minor children, to:
22     1.(a)  Settle and consummate a settlement of any claim or
23cause of action accruing to any of their minor children for
24damages to the person or property of any of said minor children;
25     2.(b)  Collect, receive, manage, and dispose of the
26proceeds of any such settlement;
27     3.(c)  Collect, receive, manage, and dispose of any real or
28personal property distributed from an estate or trust;
29     4.(d)  Collect, receive, manage, and dispose of and make
30elections regarding the proceeds from a life insurance policy or
31annuity contract payable to, or otherwise accruing to the
32benefit of, the child; and
33     5.(e)  Collect, receive, manage, dispose of, and make
34elections regarding the proceeds of any benefit plan as defined
35by s. 710.102, of which the minor is a beneficiary, participant,
36or owner,
37
38without appointment, authority, or bond, when the amounts
39received, in the aggregate, do not exceed $15,000.
40     (b)  In addition to the authority granted in paragraph (a),
41natural guardians are authorized, on behalf of any of their
42minor children, to waive and release, in advance, any claim or
43cause of action that would accrue to any of their minor children
44to the same extent that any adult may do so on his or her own
45behalf. Waivers and releases under this paragraph are disfavored
46and must be strictly construed against a party claiming to be
47relieved of liability due to such a waiver and release. Such
48waivers and releases are enforceable only where and to the
49extent that the intention to be relieved of liability was made
50clear and unequivocal in the waiver and release and the wording
51of the waiver and release was so clear and understandable that
52an ordinary and knowledgeable person would know what he or she
53would be contracting away. Nothing in this paragraph shall be
54construed to allow such a waiver and release for illegal acts.
55     Section 2.  This act shall take effect July 1, 2009.


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