Florida Statutes

Fla. Stat. § 736.0304 (2025)

Representation by person having substantially identical interest.

✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 736.0304 (2025)

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736.0304 Representation by person having substantially identical interest.—Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.

History.—s. 3, ch. 2006-217.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

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UNBORN CHILD, etc. v. DIRECTOR JAMES REYES (2023) fladistctapp · cites it 2× “”) (emphasis added); § 736.0304, Fla. Stat. (“Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location 7 is unknown and not reasonably ascertainable, may be represented by and bound by another person having a…”

HEDGER v. BAR HARBOR TRUST SERVICES (2020) med “§ 304; Fla. Stat. § 736.0304 . 10 The Plaintiffs also posit that I can enforce the settlement agreement in the manner they advocate (which would include a finding that Defendant engaged in an anticipatory breach), and thereby avoid any jurisdictional or Rule 19 problem, as…”

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