Florida/Georgia Personal Injury & Workers Compensation

...2888, 115 L.Ed.2d 1054 (1991)). [10] Obviously, minor children are legally incapable of consenting to a sexual act in most circumstances. See, e.g., Fla. Stat. §§ 794.041 & 794.05 (1989). One exception is for a minor who is lawfully married. Fla. Stat. § 743.01 (1989)....

...(1987), or purchase or possess alcoholic beverages, § 562.11, Fla. Stat. (1987). Nor may he or she attend jai alai or a dog race, compare § 550.04 with § 551.03, Fla. Stat. (1987), dispose of property by will, § 732.501, Fla. Stat. (1987), enter into a contract, compare § 743.01 with § 743.07, Fla. Stat. (1987), or sue or be sued. Compare § 743.01 with § 743.07, Fla....

...(1987), or purchase or possess alcoholic beverages, § 562.11, Fla. Stat. (1987). Nor may he or she attend jai alai or a dog race, compare § 550.04 with § 551.03, Fla. Stat. (1987), dispose of property by will, § 732.501, Fla. Stat. (1987), enter into a contract, compare § 743.01 with § 743.07, Fla. Stat. (1987), or sue or be sued. Compare § 743.01 with § 743.07, Fla....

...he was now "emancipated". The Department did not make any objection on that ground at the hearing, however; it was the trial judge who raised the question. Florida law does allow for the self-executing "emancipation" of minor children who marry. See § 743.01, Fla....

...(2004) ("The disability of nonage of a minor who is married or has been married or subsequently becomes married ... is removed."). But there is nothing in the record that this child has ever married. Another statute allows for minors to petition a court through a guardian to be treated as adults. § 743.015, Fla....

...n-age under certain circumstances. *305 Where such disabilities are removed, "[t]he minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor." § 743.01, Fla....

...Section 768.21(4) states that each parent of a deceased minor child may recover for mental pain and suffering from the date of the injury. Section 768.18(2) defines "minor children" as children under 25 years of age, notwithstanding the age of majority. Here, the trial court determined that section 743.01, Florida Statutes (1997), which removes the disability of nonage of a minor who is married, changes the decedent's status from that of a minor to that of an adult for the purpose of section 768.18(2)....

...r 743.” 2 Chapter 743, Florida Statutes (1997), addresses numerous methods by which one or more of the disabilities of nonage can be removed. Two of these sections provide for emancipation— that is, the removal of all disabilities of nonage. See § 743.01, Fla. Stat. (1997) (allowing for emancipation through marriage); § 743.015, Fla....

...3d 312 (Fla. 2018). This instruction was adopted in 1998 [723 So. 2d 123] and amended in 2015. If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla. Stat., the jury should be instructed with respect to § 743.01 et seq. This instruction was adopted in 1998 [723 So....

...Also by legislative design, children who are mentally or physically incapacitated may remain dependent upon their parents beyond the age of eighteen. § 743.07(2). However, marriage was an emancipating act under common law, and marriage is an emancipating act under section 743.01 for children who are dependent because of their age....

...Comments This instruction was adopted in 1998 [723 So. 2d 123] and amended in 2015. If removal of the disabilities of nonage is raised as an issue pursuant to § 794.05(2), Fla._Stat., the jury should be instructed with respect to § 743.01 et seq. 11.10(a) LEWD OR LASCIVIOUS BATTERY (ENGAGING IN SEXUAL ACTIVITY) § 800.04(4)(a)1, Fla....

...322.111 did not impose a disability on all minors, but only on those under eighteen years of age; and since the requirement of a driver education course could be legitimately required of all persons, whether minor or adult, the requirement of s. 322.111 is not a disability of minority and, hence, is not removed by s. 743.01 , F....

...The age of reaching majority was recently changed by statute to eighteen years of age. See Ch. 73-21, Laws of Florida (s. 743.07 , F.S.). There was no provision in the common law for the removal of the disabilities of minority; hence the only means of removing them is provided by statute. Section 743.01 , F.S., provides as follows: The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one who is divorced, widowed, or widowered, is removed....

...nably necessary to establish and maintain a household. See AGO's 072-80 and 046-351. While it is arguable that operating a motor vehicle is a necessity in maintaining a household, it is my opinion that the rule established by the courts for applying s. 743.01 , supra, does not allow the requirement of driver education to be waived. In Riley v. Holmer, 131 So. 330 (Fla. 1930), the Supreme Court of Florida held that s. 743.01 , supra, does not render a married minor eligible to vote at an age lower than that allowed by the Constitution....

...233.063(4)(a) and (b), or an agency which is licensed by the department. A significant feature of this statute is that it speaks in terms of the specific age of eighteen years rather than in terms of minority. Additionally, at the time of the enactment of s. 743.01 in 1967, the age of majority was twenty-one rather than eighteen, as it is now so provided in Ch....

...In so holding, we do not disturb the holding of Gracie v. Deming, 213 So.2d 294 (Fla. 2d DCA 1968), in which our sister court ruled that the liability of the consent signer under section 322.09 was not terminated for driving acts of the minor performed prior to the marriage. Under section 743.01, Florida Statutes (1985), the disability of non-age of a minor is dissolved upon the minor’s marriage, and the minor may contract, sue and be sued, and perform all acts that the person could do if not a minor....