Florida Statute 744.301 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.301

744.301 Natural guardians.—

(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents. If a father has not established paternity under s. 742.011 or s. 742.10(1), the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.

(2) Except as otherwise provided in this chapter, on behalf of any of their minor children, and without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000, natural guardians may:

(a) Settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any minor children;

(b) Collect, receive, manage, and dispose of the proceeds of any settlement;

(d) Collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy or annuity contract payable to, or otherwise accruing to the benefit of, the child; and

(e) Collect, receive, manage, dispose of, and make elections regarding the proceeds of any benefit plan as defined in s. 710.102, of which the minor is a beneficiary, participant, or owner.

(3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.

(a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to:

1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and

2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents.

(b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release:

NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (name of released party or parties) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (name of released party or parties) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (name of released party or parties) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

(c) If a waiver or release complies with paragraph (b) and waives no more than allowed under this subsection, there is a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity.

1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection.

2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity.

3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence.

(d) Nothing in this subsection limits the ability of natural guardians, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a noncommercial activity provider, or its owners, affiliates, employees, or agents, to the extent authorized by common law.

(4) All instruments executed by a natural guardian for the benefit of the ward under the powers specified in this section are binding on the ward. The natural guardian may not, without a court order, use the property of the ward for the guardian’s benefit or to satisfy the guardian’s support obligation to the ward.

History.—s. 1, ch. 74-106; s. 8, ch. 75-166; s. 7, ch. 75-222; s. 1, ch. 77-190; s. 3, ch. 79-221; s. 17, ch. 89-96; s. 22, ch. 92-200; s. 66, ch. 95-211; s. 73, ch. 97-170; s. 11, ch. 2002-195; s. 8, ch. 2005-101; s. 3, ch. 2006-178; s. 2, ch. 2010-27; s. 1, ch. 2012-48; s. 5, ch. 2015-112; s. 3, ch. 2023-209.

Note.—Created from former s. 744.13.

F.S. 744.301 on Google Scholar

F.S. 744.301 on Casetext

Amendments to 744.301

Arrestable Offenses / Crimes under Fla. Stat. 744.301

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.301.

Annotations, Discussions, Cases:

Cases Citing Statute 744.301

Total Results: 20

DANA MORITZ v. CHRISTOPHER STONECIPHER

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

Snippet: custodial rights regarding the child. Section 744.301(1), Florida Statutes (2014), states that “[t]he

ESTATE OF REONTRE'YH ALONZAE POUNDS v. MILLER & JACOBS

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: 1987). “Except to the extent provided in Section 744.301, Florida Statutes, a natural guardian is entitled

ETHAN ELALOUF v. SCHOOL BOARD OF BROWARD COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

Snippet: to the form after the 2010 amendment to section 744.301(3)(b), Florida Statutes, which required this language

In Re: The Name Change of Maria Fernanda Benitez

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 250 So. 3d 153

Snippet: for reconsideration, contending that subsection 744.301(1), Florida Statutes (2016), confers exclusive

Baker v. Tunney

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

Snippet: court enters an order stating' otherwise. § 744.301, Fla. Stat. (2015) (emphasis added). Father

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2015-03-26

Citation: 173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Snippet: parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ____ Pursuant to the

Guardianship of J.S.J. v. Pena

Court: District Court of Appeal of Florida | Date Filed: 2013-04-05

Citation: 109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

Snippet: a legal guardian of a minor’s property. See § 744.301, Fla. Stat. (2011). Rather, the Florida Legislature

Goodman v. Goodman

Court: District Court of Appeal of Florida | Date Filed: 2013-03-27

Citation: 126 So. 3d 310, 2013 WL 1222944, 2013 Fla. App. LEXIS 4927

Snippet: they continue as the natural guardians. See § 744.301(1), Fla. Stat. (2010). See also Doe v. Watson,

Claire's Boutiques, Inc. v. Locastro

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

Citation: 85 So. 3d 1192, 2012 WL 1414117, 2012 Fla. App. LEXIS 6498

Snippet: in fact, acted in response to Kirton. Section 744.301, Florida Statutes, has been recently amended to

Davila v. State

Court: Supreme Court of Florida | Date Filed: 2011-10-06

Citation: 75 So. 3d 192, 36 Fla. L. Weekly Supp. 579, 2011 Fla. LEXIS 2353, 2011 WL 4596689

Snippet: child pursuant to section 744.301(1), Florida Statutes (1997). Id. (citing § 744.301(1), Fla. Stat. (1997)

In Re Amendments to Florida Rules

Court: Supreme Court of Florida | Date Filed: 2011-09-28

Citation: 73 So. 3d 213

Snippet: other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ___ Pursuant to the UCCJEA

Bainbridge v. Pratt

Court: District Court of Appeal of Florida | Date Filed: 2011-08-04

Citation: 68 So. 3d 310, 2011 Fla. App. LEXIS 12249, 2011 WL 3331263

Snippet: that reversal is warranted pursuant to section 744.301, Florida Statutes. I agree with the Mother’s argument

In Re Amend. to the Fla. Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2010-12-16

Citation: 59 So. 3d 792

Snippet: parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ___ Pursuant to the

McLaughlin v. DEBORD

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

Citation: 14 So. 3d 1222, 2009 Fla. App. LEXIS 8503, 2009 WL 1796073

Snippet: J., and WARNER, J., concur. NOTES [1] Section 744.301, Florida Statutes (2007), provides: "The mother

Amendments to Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2009-03-26

Citation: 20 So. 3d 173

Snippet: other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ____ Pursuant to the

Stewart v. Walker

Court: District Court of Appeal of Florida | Date Filed: 2009-02-25

Citation: 5 So. 3d 746, 2009 Fla. App. LEXIS 1506, 2009 WL 454496

Snippet: parent of a child born out of wedlock. §§ 742.031; 744.301 Fla. Stat." The trial court later rendered a Final

Kirton v. Fields

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 349, 2008 WL 5170603

Snippet: parent's authority to settle pursuant to section 744.301(2), Florida Statutes (2007). This statutory provision

Gordon v. Colin

Court: District Court of Appeal of Florida | Date Filed: 2008-11-12

Citation: 997 So. 2d 1136, 2008 WL 4862692

Snippet: the complaint, and appellant appealed. Section 744.301(2)(a), Florida Statutes, provides "natural guardians"

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla. Stat. Natural guardians. § 744.3085, Fla

Applegate v. Cable Water Ski, LC

Court: District Court of Appeal of Florida | Date Filed: 2008-02-22

Citation: 974 So. 2d 1112, 2008 WL 45530

Snippet: settle post-injury claims contained in section 744.301(2), Florida Statutes (2007). By requiring judicial