Florida Statutes
Fla. Stat. § 744.3025 (2025)
Claims of minors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) The appointment of the guardian ad litem must be without the necessity of bond or notice.
(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.
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 2007–2025 · leading case: Allen v. Montalvan, 201 So. 3d 705 (Fla. 4th DCA 2016).
Allen v. Montalvan, 201 So. 3d 705 (Fla. 4th DCA 2016). “636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds ,000 and affects the interests of the minor, if:…”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.3025, Fla. Stat. Claims of minors. *589 § 744.”
Latasha Fulton Allen & Travis Allen, as parents & Nat. guardians of T.A., a minor child Latasha Fulton Allen, as mother & Nat. guardian of T.S., a minor child, & Latasha Fulton Allen, as legal guardian of S.K., a minor child v. Oscar Montalvan, Claudia Debusk f/k/a Claudia Montalvan, & Progressive Ins. Co. (Fla. 4th DCA 2016). “636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds ,000 and affects the interests of the minor, if:…”
S.W. v. Wanabana LLC (S.D. Fla. 2025). “(quoting Fla. Stat. § 744.3025 (1)(b)). A guardian ad litem, in turn, must “protect the minor’s interests as described in the Florida Probate Rules.”
K.S. v. Sch. Bd. of Orange Cnty., Florida (M.D. Fla. 2025). “22 to buy a structured settlement benefiting the minor and a check for ,289.”
In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020). “§ 744.3025, Fla. Stat. Claims of minors. § 744.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “(f) [No Change] Committee Notes [No Change] Rule History 1992 Revision – 2014 Revision [No Change] 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised.”
Wisekal v. Lab'y Corp. of Am. Holdings, 182 F. Supp. 3d 1296 (S.D. Fla. 2016). “In the event and at the time plaintiff submits a renewed motion for approval of settlement, together with a proposed settlement agreement which corrects the deficiencies outlined in this order, the Court shall, by separate order, pursuant to the requirements of § 744.3025(l)(b),…”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). “(f) [No Change] Committee Notes [No Change] Rule History 1992 Revision – 2014 Revision [No Change] 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised.”
P.W. v. Duval Cnty. Sch. Bd. (M.D. Fla. 2022). “See Fla. Stat. § 744.3025 (b); Fla. Prob. R. 5.”
AH v. Collegiate Prep Realty, LLC (M.D. Fla. 2024). “” Fla. Stat. § 744.3025 (1)(b), (d). “The duty of the guardian ad litem is to protect the minor's interests as described in the Florida Probate Rules.”
Rodriguez v. GEICO Gen. Ins. Co. (M.D. Fla. 2024). “See Fla. Stat. § 744.3025 (1)(a). However, the Eleventh Circuit has held that “[t]he appointment of a guardian ad litem is a procedural question controlled by Rule 17(c) of the Federal Rules of Civil Procedure.”
— 744.3025(1)(b) — 2 cases
Allen v. Montalvan, 201 So. 3d 705 (Fla. 4th DCA 2016). “636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds ,000 and affects the interests of the minor, if:…”
Latasha Fulton Allen & Travis Allen, as parents & Nat. guardians of T.A., a minor child Latasha Fulton Allen, as mother & Nat. guardian of T.S., a minor child, & Latasha Fulton Allen, as legal guardian of S.K., a minor child v. Oscar Montalvan, Claudia Debusk f/k/a Claudia Montalvan, & Progressive Ins. Co. (Fla. 4th DCA 2016). “636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds ,000 and affects the interests of the minor, if:…”
— 744.3025(l)(b) — 2 cases
Allen v. Montalvan, 201 So. 3d 705 (Fla. 4th DCA 2016). “636(d), which was intended to mirror the requirements of section 744.3025, states: The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that exceeds ,000 and affects the interests of the minor, if:…”
Wisekal v. Lab'y Corp. of Am. Holdings, 182 F. Supp. 3d 1296 (S.D. Fla. 2016). “In the event and at the time plaintiff submits a renewed motion for approval of settlement, together with a proposed settlement agreement which corrects the deficiencies outlined in this order, the Court shall, by separate order, pursuant to the requirements of § 744.3025(l)(b),…”
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