Bill Text: FL S0120 | 2014 | Regular Session | Introduced
Bill Title: Fees and Costs Incurred in Guardianship Proceedings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-05-02 - Died in Judiciary [S0120 Detail]
Download: Florida-2014-S0120-Introduced.html
Florida Senate - 2014 SB 120 By Senator Joyner 19-00016-14 2014120__ 1 A bill to be entitled 2 An act relating to fees and costs incurred in 3 guardianship proceedings; amending s. 744.108, F.S.; 4 updating terminology; providing that fees and costs 5 incurred by an attorney who has rendered services to a 6 ward in compensation proceedings are payable from 7 guardianship assets; providing that expert testimony 8 is not required in proceedings to determine 9 compensation for an attorney or guardian; amending s. 10 744.3025, F.S.; providing that a court may appoint a 11 guardian ad litem to represent a minor if necessary to 12 protect the minor’s interest in a settlement; 13 providing that a settlement of a minor’s claim is 14 subject to certain confidentiality provisions; 15 amending s. 744.331, F.S.; requiring that the 16 examining committee be paid from state funds as court 17 appointed expert witnesses if a petition for 18 incapacity is dismissed; requiring that a petitioner 19 reimburse the state for expert witness fees if the 20 court finds the petition to have been filed in bad 21 faith; providing applicability; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsections (5) and (8) of section 744.108, 27 Florida Statutes, are amended, and subsection (9) is added to 28 that section, to read: 29 744.108 GuardianGuardian’sand attorneyattorney’sfees 30 and expenses.— 31 (5) All petitions for guardianguardian’sand attorney 32attorney’sfees and expenses must be accompanied by an itemized 33 description of the services performed for the fees and expenses 34 sought to be recovered. 35 (8) When court proceedings are instituted to review or 36 determine a guardian’s or an attorney’s fees under subsection 37 (2), such proceedings are part of the guardianship 38 administration process and the costs, including costs and 39 attorney fees for the guardian’s attorney, an attorney appointed 40 under s. 744.331(2), or an attorney who has rendered services to 41 the ward, shall be determined by the court and paid from the 42 assets of the guardianship estate unless the court finds the 43 requested compensation under subsection (2) to be substantially 44 unreasonable. 45 (9) The court may determine reasonable compensation for the 46 guardian, the guardian’s attorney, a person employed by the 47 guardian, an attorney appointed under s. 744.331(2), or an 48 attorney who has rendered services to the ward without receiving 49 expert testimony. Any person or party may offer expert testimony 50 after giving notice to interested persons. If expert testimony 51 is offered, a reasonable expert witness fee shall be awarded by 52 the court and paid from the assets of the guardianship estate. 53 Section 2. Section 744.3025, Florida Statutes, is amended 54 to read: 55 744.3025 Claims of minors.— 56 (1)(a) The court may appoint a guardian ad litem to 57 represent the minor’s interest before approving a settlement of 58 the minor’s portion of the claim in any case in which a minor 59 has a claim for personal injury, property damage, wrongful 60 death, or other cause of action in which the gross settlement of 61 the claim exceeds $15,000 if the court believes a guardian ad 62 litem is necessary to protect the minor’s interest. 63 (b) Except as provided in paragraph (e), the court shall 64 appoint a guardian ad litem to represent the minor’s interest 65 before approving a settlement of the minor’s claim in any case 66 in which the gross settlement involving a minor equals or 67 exceeds $50,000. 68 (c) The appointment of the guardian ad litem must be 69 without the necessity of bond or notice. 70 (d) The duty of the guardian ad litem is to protect the 71 minor’s interests as described in the Florida Probate Rules. 72 (e) A court need not appoint a guardian ad litem for the 73 minor if a guardian of the minor has previously been appointed 74 and that guardian has no potential adverse interest to the 75 minor.A court may appoint a guardian ad litem if the court76believes a guardian ad litem is necessary to protect the77interests of the minor.78 (2) Unless waived, the court shall award reasonable fees 79 and costs to the guardian ad litem to be paid out of the gross 80 proceeds of the settlement. 81 (3) Any settlement of a claim pursuant to this section is 82 subject to the confidentiality provisions of this chapter. 83 Section 3. Paragraph (c) of subsection (7) of section 84 744.331, Florida Statutes, is amended to read: 85 744.331 Procedures to determine incapacity.— 86 (7) FEES.— 87 (c) If the petition is dismissed:,88 1. The fees of the examining committee shall be paid upon 89 court order as expert witness fees under s. 29.004(6). 90 2. Costs and attorneyattorney’sfees of the proceeding may 91 be assessed against the petitioner if the court finds the 92 petition to have been filed in bad faith. If the court finds bad 93 faith under this subparagraph, the petitioner shall reimburse 94 the state courts system for any amounts paid under subparagraph 95 1. 96 Section 4. The amendments made by this act to ss. 744.108, 97 744.3025, and 744.331, Florida Statutes, apply to all 98 proceedings pending on the effective date of this act. 99 Section 5. This act shall take effect upon becoming a law.