Florida Senate - 2009                                     SB 886
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01053-09                                            2009886__
    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
    4         and release, in advance, any claim or cause of action
    5         that would accrue to any of their minor children to
    6         the same extent that any adult may do so on his or her
    7         own behalf; providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Subsection (2) of section 744.301, Florida
   12  Statutes, is amended to read:
   13         744.301 Natural guardians.—
   14         (2)(a) Natural guardians are authorized, on behalf of any
   15  of their minor children, to:
   16         1.(a) Settle and consummate a settlement of any claim or
   17  cause of action accruing to any of their minor children for
   18  damages to the person or property of any of said minor children;
   19         2.(b) Collect, receive, manage, and dispose of the proceeds
   20  of any such settlement;
   21         3.(c) Collect, receive, manage, and dispose of any real or
   22  personal property distributed from an estate or trust;
   23         4.(d) Collect, receive, manage, and dispose of and make
   24  elections regarding the proceeds from a life insurance policy or
   25  annuity contract payable to, or otherwise accruing to the
   26  benefit of, the child; and
   27         5.(e) Collect, receive, manage, dispose of, and make
   28  elections regarding the proceeds of any benefit plan as defined
   29  by s. 710.102, of which the minor is a beneficiary, participant,
   30  or owner,
   31  without appointment, authority, or bond, when the amounts
   32  received, in the aggregate, do not exceed $15,000.
   33         (b) In addition to the authority granted in paragraph (a),
   34  natural guardians are authorized, on behalf of any of their
   35  minor children, to waive and release, in advance, any claim or
   36  cause of action that would accrue to any of their minor children
   37  to the same extent that any adult may do so on his or her own
   38  behalf.
   39         Section 2. This act shall take effect July 1, 2009.