HB 851

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

CODING: Words stricken are deletions; words underlined are additions.