744.3025
Claims of minors.
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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.
History.—s. 4, ch. 2006-178; s. 5, ch. 2015-83.
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 2007–2025 · leading case: Allen v. Montalvan
Allen v. Montalvan (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 Probate Rules (2008)
“§ 744.3025, Fla. Stat. Claims of minors. *589 § 744.”
Latasha Fulton Allen and Travis Allen, as parents and natural guardians of T.A., a minor child Latasha Fulton Allen, as (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 (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. School Board of Orange County, Florida (2025)
“22 to buy a structured settlement benefiting the minor and a check for ,289.”
In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report (2020)
“§ 744.3025, Fla. Stat. Claims of minors. § 744.”
In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report (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. Laboratory Corp. of America Holdings (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 Probate Rules - 2019 Regular-Cycle Report (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 County School Board (2022)
“See Fla. Stat. § 744.3025 (b); Fla. Prob. R. 5.”
AH v. Collegiate Prep Realty, LLC (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 General Insurance Company (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 (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 and Travis Allen, as parents and natural guardians of T.A., a minor child Latasha Fulton Allen, as (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 (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. Laboratory Corp. of America Holdings (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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