The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3025

744.3025 Claims of minors.—

(1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the gross settlement of the claim exceeds $15,000 if the court believes a guardian ad litem is necessary to protect the minor’s interest.

(b) Except as provided in paragraph (e), the court shall appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s claim in a case in which the gross settlement involving a minor equals or exceeds $50,000.

(d) The duty of the guardian ad litem is to protect the minor’s interests as described in the Florida Probate Rules.

(e) A court need not appoint a guardian ad litem for the minor if a guardian of the minor has previously been appointed and that guardian has no potential adverse interest to the minor.

(2) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement.

(3) A settlement of a claim pursuant to this section is subject to the confidentiality provisions of this chapter.

History.—s. 4, ch. 2006-178; s. 5, ch. 2015-83.

F.S. 744.3025 on Google Scholar

F.S. 744.3025 on Casetext

Amendments to 744.3025

Arrestable Offenses / Crimes under Fla. Stat. 744.3025

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3025.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALLEN T. A. a T. S. a S. K. a v. MONTALVAN, f k a, 201 So. 3d 705 (Fla. Dist. Ct. App. 2016)

. . . Section 744.3025(l)(b), Florida Statutes (2009), states that unless a guardian with no potential adverse . . . Rule 5.636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall . . . Because the violation of section 744.3025(1)(b) is alone sufficient to require reversal, we do not need . . . note that the 2006 amendment revising the rule was intended "to reflect 2006 passage of new section 744.3025 . . .

WISEKAL, v. LABORATORY CORPORATION OF AMERICA HOLDINGS C., 182 F. Supp. 3d 1296 (S.D. Fla. 2016)

. . . deficiencies outlined in this order, the Court shall, by separate order, pursuant to the requirements of § 744.3025 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.3025, Fla. Stat. Claims of minors. § 744.3085, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . 2003 Revision: Committee notes revised. 2006 Revision: Amended to reflect 2006 passage of new section 744.3025 . . . Natural guardians. § 744.3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. . . .