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The Florida Senate

HB 123: Fees and Costs in Guardianship Proceedings

GENERAL BILL by Schwartz ; (CO-INTRODUCERS) McGhee ; Pritchett

Fees and Costs in Guardianship Proceedings; Provides that fees & costs incurred by attorney who has rendered services to ward in compensation proceedings are payable from guardianship assets; provides that expert testimony is unnecessary in proceedings to determine compensation for attorney or guardian; provides that court may appoint guardian ad litem to minor if necessary to protect minor's interests in settlement; provides that settlement of minor's claim is subject to certain confidentiality provisions; directs that examining committee be paid from state funds as court-appointed expert witnesses if petition for incapacity is dismissed; requires that petitioner reimburse state for expert witness fees if court finds petition to have been filed in bad faith.

Effective Date: upon becoming a law
Last Action: 5/2/2014 Senate - Died in Judiciary
Bill Text: PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Governmental Oversight and Accountability (GO)
  3. Appropriations (AP)
  4. Rules (RC)

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  • Bill History

    Date Chamber Action
    10/2/2013 House • Filed
    11/5/2013 House • Referred to Civil Justice Subcommittee; Healthy Families Subcommittee; Judiciary Committee -HJ 17
    1/7/2014 House • On Committee agenda-- Civil Justice Subcommittee, 01/14/14, 1:00 pm, Sumner Hall
    1/14/2014 House • Favorable by Civil Justice Subcommittee; YEAS 13 NAYS 0 -HJ 152
    • Now in Healthy Families Subcommittee -HJ 152
    1/29/2014 House • On Committee agenda-- Healthy Families Subcommittee, 02/05/14, 1:00 pm, 12 HOB
    2/5/2014 House • Favorable by Healthy Families Subcommittee; YEAS 11 NAYS 0 -HJ 154
    • Now in Judiciary Committee -HJ 154
    2/13/2014 House • On Committee agenda-- Judiciary Committee, 02/20/14, 12:00 pm, Sumner Hall
    2/20/2014 House • Favorable by- Judiciary Committee; YEAS 16 NAYS 1 -HJ 158
    • Placed on Calendar -HJ 158
    3/4/2014 House • Introduced -HJ 17
    4/21/2014 House • Placed on Special Order Calendar, 04/23/14
    4/23/2014 House • Read 2nd time -HJ 626
    • Read 3rd time -HJ 626
    • Passed; YEAS 116 NAYS 0 -HJ 626
    4/23/2014 Senate • In Messages
    • Referred to Judiciary; Governmental Oversight and Accountability; Appropriations; Rules -SJ 590
    • Received -SJ 590
    5/2/2014 Senate • Died in Judiciary

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  • HB 123, Original Filed Version (Current Bill Version) Posted 10/2/2013 at 10:58 AM

    Bill Text:   PDF
    Analyses:   Civil Justice Subcommittee (Post-Meeting) 1/14/2014 (pdf)
    Healthy Families Subcommittee (Post-Meeting) 2/5/2014 (pdf)
    Judiciary Committee (Post-Meeting) 2/20/2014 (pdf)

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 125 Pub. Rec./Claim Settlement on Behalf of Minor or Ward Schwartz Linked Last Action: 5/2/2014 S Died in Children, Families, and Elder Affairs
    Location: In committee/council (CF)
    S 120 Fees and Costs Incurred in Guardianship Proceedings Joyner Identical Last Action: 5/2/2014 S Died in Judiciary
    Location: In committee/council (JU)
    S 108 (c1) Public Records/Claim Settlement on Behalf of a Minor or Ward Joyner Compare Last Action: 5/2/2014 S Died in Judiciary
    Location: In committee/council (JU)

    Floor Votes (1)

    Date Chamber Result
    4/23/2014 4:31 PM House 116 Yeas - 0 Nays

    Citations - Statutes (3)

    Citation Catchline Location in Bill Location In Bill Help
    744.108 Guardian’s and attorney’s fees and expenses. Page 2 (pdf)
    744.3025 Claims of minors. Page 3 (pdf)
    744.331 Procedures to determine incapacity. Page 4 (pdf)

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