ENROLLED
       2012 Legislature                                          SB 990
       
       
       
       
       
       
                                                              2012990er
    1  
    2         An act relating to natural guardians; amending s.
    3         744.301, F.S.; revising provisions relating to the
    4         authority of natural guardians to act on behalf of
    5         their children; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsections (1) and (2) of section 744.301,
   10  Florida Statutes, are amended to read:
   11         744.301 Natural guardians.—
   12         (1) The parents mother and father jointly are the natural
   13  guardians of their own children and of their adopted children,
   14  during minority. If one parent dies, the surviving parent
   15  remains the sole natural guardian even if he or she remarries.
   16  If the marriage between the parents is dissolved, the natural
   17  guardianship belongs to the parent to whom sole parental
   18  responsibility has been granted, or if the parents have been
   19  granted shared parental responsibility, custody of the child is
   20  awarded. If the parents are given joint custody, then both
   21  continue as natural guardians. If the marriage is dissolved and
   22  neither parent the father nor the mother is given parental
   23  responsibility for custody of the child, neither may shall act
   24  as natural guardian of the child. The mother of a child born out
   25  of wedlock is the natural guardian of the child and is entitled
   26  to primary residential care and custody of the child unless the
   27  a court of competent jurisdiction enters an order stating
   28  otherwise.
   29         (2) Except as otherwise provided in this chapter natural
   30  guardians are authorized, on behalf of any of their minor
   31  children, and without appointment, authority, or bond if the
   32  amounts received in the aggregate do not exceed $15,000, natural
   33  guardians may to:
   34         (a) Settle and consummate a settlement of any claim or
   35  cause of action accruing to any of their minor children for
   36  damages to the person or property of any of said minor children;
   37         (b) Collect, receive, manage, and dispose of the proceeds
   38  of any such settlement;
   39         (c) Collect, receive, manage, and dispose of any real or
   40  personal property distributed from an estate or trust;
   41         (d) Collect, receive, manage, and dispose of and make
   42  elections regarding the proceeds from a life insurance policy or
   43  annuity contract payable to, or otherwise accruing to the
   44  benefit of, the child; and
   45         (e) Collect, receive, manage, dispose of, and make
   46  elections regarding the proceeds of any benefit plan as defined
   47  in by s. 710.102, of which the minor is a beneficiary,
   48  participant, or owner,
   49  
   50  without appointment, authority, or bond, when the amounts
   51  received, in the aggregate, do not exceed $15,000.
   52         Section 2. This act shall take effect July 1, 2012.