Emancipación - Eliminación del paquete de discapacidad de minorías
Florida Statutes
TITLE XLIII
DOMESTIC RELATIONS
CHAPTER 743
DISABILITY OF NONAGE OF MINORS REMOVED
Removal of disabilities of married minors.
The disability of nonage of a minor who is married or has been
married or subsequently becomes married, including one whose marriage is
dissolved, or who is widowed, or widowered, is removed. The minor may assume
the management of his or her estate, contract and be contracted with, sue
and be sued, and perform all acts that he or she could do if not a minor.
Title XLIII, Chap. 743, §743.01
Disabilities of nonage; removal
(1) A circuit court has jurisdiction to remove the disabilities
of nonage of a minor age 16 or older residing in this state upon a petition
filed by the minor's natural or legal guardian or, if there is none, by
a guardian ad litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of
the minor.
(b) The name, address, and current location of each of the minor's
parents, if known.
(c) The name, date of birth, custody, and location of any children
born to the minor.
(d) A statement of the minor's character, habits, education, income,
and mental capacity for business, and an explanation of how the needs of
the minor with respect to food, shelter, clothing, medical care, and other
necessities will be met.
(e) Whether the minor is a party to or the subject of a pending
judicial proceeding in this state or any other jurisdiction, or the subject
of a judicial order of any description issued in connection with such pending
judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities
of nonage.
(3) If the petition is filed by the natural or legal guardian, the
court must appoint an attorney ad litem for the minor child, and the minor
child shall be brought before the court to determine if the interest of
the minor will be fully protected by the removal of disabilities of nonage.
The attorney ad litem shall represent the child in all related proceedings.
(4) If the petition is filed by the guardian ad litem or next friend,
service of process must be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the
removal of the disabilities of nonage of the minor, service of process
must be made upon the nonpetitioning parent. Constructive service of process
may be used, provided the petitioning parent makes an actual, diligent
search to discover the location of, and provide notice to, the nonpetitioning
parent.
(6) The court shall consider the petition and receive such evidence
as it deems necessary to rule on the petition. If the court determines
that removal of the disabilities of nonage is in the minor's best interest,
it shall enter an order to that effect. An order removing the disabilities
of nonage shall have the effect of giving the minor the status of an adult
for purposes of all criminal and civil laws of the state, and shall authorize
the minor thereafter to exercise all of the rights and responsibilities
of persons who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied that
the removal of the disabilities is in the minor's best interest, shall
remove the disabilities of nonage; and shall authorize the minor to perform
all acts that the minor could do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which the minor
resides, and a certified copy shall be received as evidence of the removal
of disabilities of nonage for all matters in all courts.
Title XLIII, Chap. 743, §743.015
Removal of disabilities of persons entitled to benefits under
the "Home, Farm and Business Loans Act."
A minor authorized to participate in the rights, privileges, and
benefits conferred by chapter 37 of Title 38, U.S.C., "Home, Farm and Business
Loans Act," is authorized to make and execute all contracts necessary for
the full utilization of the rights, privileges, and benefits conferred
under said chapter if the person is otherwise competent to make and execute
contracts. The contracts so made shall have the same effect as though they
were the contracts of persons who were not minors.
Title XLIII, Chap. 743, §743.04
Removal of disabilities of minors; borrowing money for educational
purposes.
For the purpose of borrowing money for their own higher educational
expenses, the disability of nonage of minors is removed for all persons
who have reached 16 years of age. Such minors are authorized to make and
execute promissory notes, contracts, or other instruments necessary for
the borrowing of money for this purpose. The promissory notes, contracts,
or other instruments so made shall have the same effect as though they
were the obligations of persons who were not minors. No such obligation
shall be valid if the interest rate on it exceeds the prevailing interest
rate for the federal Guaranteed Student Loan Program.
Title XLIII, Chap. 743, §743.05
Removal of disabilities of minors; donation of blood without
parental consent.
Any minor who has reached the age of 17 years may give consent
to the donation, without compensation therefor, of her or his blood and
to the penetration of tissue which is necessary to accomplish such donation.
Such consent shall not be subject to disaffirmance because of minority,
unless the parent or parents of such minor specifically object, in writing,
to the donation or penetration of the skin.
Title XLIII, Chap. 743, §743.06
Emergency medical care or treatment to minors without parental
consent
(1) The absence of parental consent notwithstanding, a
physician licensed under chapter 458 or an osteopathic physician licensed
under chapter 459 may render emergency medical care or treatment to any
minor who has been injured in an accident or who is suffering from an acute
illness, disease, or condition if, within a reasonable degree of medical
certainty, delay in initiation or provision of emergency medical care or
treatment would endanger the health or physical well-being of the minor,
and provided such emergency medical care or treatment is administered in
a hospital licensed by the state under chapter 395 or in a college health
service. Emergency medical care or treatment may also be rendered in the
prehospital setting by paramedics, emergency medical technicians, and other
emergency medical services personnel, provided such care is rendered consistent
with the provisions of chapter 401. These persons shall follow the general
guidelines and notification provisions of this section.
(2) This section shall apply only when parental consent cannot
be immediately obtained for one of the following reasons:
(a) The minor's condition has rendered him or her unable
to reveal the identity of his or her parents, guardian, or legal custodian,
and such information is unknown to any person who accompanied the minor
to the hospital.
(b) The parents, guardian, or legal custodian cannot be immediately
located by telephone at their place of residence or business.
(3) Notification shall be accomplished as soon as possible after
the emergency medical care or treatment is administered. The hospital records
shall reflect the reason such consent was not initially obtained and shall
contain a statement by the attending physician that immediate emergency
medical care or treatment was necessary for the patient's health or physical
well-being. The hospital records shall be open for inspection by the person
legally responsible for the minor.
(4) No person as delineated in subsection (1), hospital, or
college health service shall incur civil liability by reason of having
rendered emergency medical care or treatment pursuant to this section,
provided such treatment or care was rendered in accordance with acceptable
standards of medical practice.
Title XLIII, Chap. 743, §743.064
Other persons who may consent to medical care or treatment of
a minor
(1) As used in this section, the term:
(a) "Blood testing" includes Early Periodic Screening,
Diagnosis, and Treatment (EPSDT) testing and other blood testing deemed
necessary by documented history or symptomatology but excludes HIV testing
and controlled substance testing or any other testing for which separate
court order or informed consent as provided by law is required.
(b) "Medical care and treatment" includes ordinary and necessary
medical and dental examination and treatment, including blood testing,
preventive care including ordinary immunizations, tuberculin testing, and
well-child care, but does not include surgery, general anesthesia, provision
of psychotropic medications, or other extraordinary procedures for which
a separate court order or informed consent as provided by law is required.
(c) "Person who has the power to consent as otherwise provided by
law" includes a natural or adoptive parent, legal custodian, or legal guardian.
(2) Any of the following persons, in order of priority listed, may
consent to the medical care or treatment of a minor who is not committed
to the Department of Children and Family Services or the Department of
Juvenile Justice or in their custody under chapter 39, chapter 984, or
chapter 985 when, after a reasonable attempt, a person who has the power
to consent as otherwise provided by law cannot be contacted by the treatment
provider and actual notice to the contrary has not been given to the provider
by that person:
(a) A person who possesses a power of attorney to provide
medical consent for the minor.
(b) The stepparent.
(c) The grandparent of the minor.
(d) An adult brother or sister of the minor.
(e) An adult aunt or uncle of the minor.
There shall be maintained in the treatment provider's records of the
minor documentation that a reasonable attempt was made to contact the person
who has the power to consent.
(3) The Department of Children and Family Services or the Department
of Juvenile Justice caseworker, juvenile probation officer, or person primarily
responsible for the case management of the child, the administrator of
any facility licensed by the department under s. 393.067, s. 394.875, or
s. 409.175, or the administrator of any state-operated or state-contracted
delinquency residential treatment facility may consent to the medical care
or treatment of any minor committed to it or in its custody under chapter
39, chapter 984, or chapter 985, when the person who has the power to consent
as otherwise provided by law cannot be contacted and such person has not
expressly objected to such consent. There shall be maintained in the records
of the minor documentation that a reasonable attempt was made to contact
the person who has the power to consent as otherwise provided by law.
(4) The medical provider shall notify the parent or other person
who has the power to consent as otherwise provided by law as soon as possible
after the medical care or treatment is administered pursuant to consent
given under this section. The medical records shall reflect the reason
consent as otherwise provided by law was not initially obtained and shall
be open for inspection by the parent or other person who has the power
to consent as otherwise provided by law.
(5) The person who gives consent; a physician, dentist, nurse, or
other health care professional licensed to practice in this state; or a
hospital or medical facility, including, but not limited to, county health
departments, shall not incur civil liability by reason of the giving of
consent, examination, or rendering of treatment, provided that such consent,
examination, or treatment was given or rendered as a reasonable prudent
person or similar health care professional would give or render it under
the same or similar circumstances.
(6) The Department of Children and Family Services and the Department
of Juvenile Justice may adopt rules to implement this section.
(7) This section does not affect other statutory provisions of this
state that relate to medical consent for minors.
Title XLIII, Chap. 743, § 743.0645
Unwed pregnant minor or minor mother; consent to medical services
for minor or minor's child valid
(1) An unwed pregnant minor may consent to the performance
of medical or surgical care or services relating to her pregnancy by a
hospital or clinic or by a physician licensed under chapter 458 or chapter
459, and such consent is valid and binding as if she had achieved her majority.
(2) An unwed minor mother may consent to the performance of medical
or surgical care or services for her child by a hospital or clinic or by
a physician licensed under chapter 458 or chapter 459, and such consent
is valid and binding as if she had achieved her majority.
(3) Nothing in this act shall affect the provisions of s. 390.0111.
Title XLIII, Chap. 743, §743.065
Removal of disability of minors adjudicated as adults.
The disability of nonage of a minor adjudicated as an adult and
in the custody or under the supervision of the Department of Corrections
is removed, as such disability relates to health care services, except
in regard to medical services relating to abortion and sterilization.
Title XLIII, Chap. 743, §743.066
Rights, privileges, and obligations of persons 18 years of age
or older
(1) The disability of nonage is hereby removed for all
persons in this state who are 18 years of age or older, and they shall
enjoy and suffer the rights, privileges, and obligations of all persons
21 years of age or older except as otherwise excluded by the State Constitution
immediately preceding the effective date of this section and except as
otherwise provided in the Beverage Law.
(2) This section shall not prohibit any court of competent jurisdiction
from requiring support for a dependent person beyond the age of 18 years
when such dependency is because of a mental or physical incapacity which
began prior to such person reaching majority or if the person is dependent
in fact, is between the ages of 18 and 19, and is still in high school,
performing in good faith with a reasonable expectation of graduation before
the age of 19.
(3) This section shall operate prospectively and not retrospectively,
and shall not affect the rights and obligations existing prior to July
1, 1973.
Title XLIII, Chap. 743, §743.07
Removal of disabilities of minors; artistic or creative services;
professional sports contracts; judicial approval
(1) A contract made by a minor or made by a parent or guardian
of a minor, or a contract proposed to be so made, may be approved by the
probate division of the circuit court or any other division of the circuit
court that has guardianship jurisdiction, where the minor is a resident
of this state or the services of the minor are to be performed or rendered
in this state, where the contract sought to be approved is one under which:
(a) The minor is to perform or render artistic or creative
services, including, but not limited to, services as an actor, actress,
dancer, musician, vocalist, model, stunt person, conductor, or other performing
artist.
(b) The minor is to render services as a participant or player in
professional athletics or semiprofessional athletics, including, but not
limited to, track and field, surfing, sailing, diving, boxing, gymnastics,
ice skating, wrestling, bicycling, soccer, horse racing, motocross, softball,
baseball, football,hockey, basketball, tennis, golf, and jai alai.
(c) The minor will endorse a product or service, or in any other
way receive compensation for the use of right of publicity of the minor
as that right is defined by s. 540.08.
(d) The minor agrees to purchase, sell, lease, license, transfer,
or otherwise exploit literary, musical, or dramatic properties, whether
tangible or intangible, or any rights therein for use in motion pictures,
television, the production of phonorecords, the legitimate or living stage,
or otherwise in the entertainment field.
(e) A person is employed to receive compensation from the minor
for services to the minor in connection with such performing or athletic
services of the minor such as a coach, manager, agent, trainer, or otherwise
to represent or advise the minor in connection with contracts therefor.
(2) Approval under this section may be sought for a contract or agreement
that is already in existence and under which the parties are currently
performing.
(3)
(a) If a contract described by subsection (1) is so approved
by the circuit court pursuant to the requirements of this section and the
requirements of ss. 743.09, 743.095, and chapter 744, the minor may not,
either during his or her minority or upon reaching his or her majority,
disaffirm the contract on the ground of minority or assert that the parent
or guardian lacked authority to make the contract. A contract modified,
amended, or assigned after its approval under this section shall be deemed
a new contract.
(b) If a contract described by subsection (1) is so approved,
all earnings, royalties, or other compensation earned or received by the
minor pursuant to said approved contract shall become the property of the
minor, subject to the provisions of ss. 743.09, 743.095, and chapter 744.
(4)
(a) Approval of the contract pursuant to this section shall
not exempt any person from any other law with respect to licenses, consents,
or authorizations required for any conduct, employment, use, or exhibition
of the minor in this state, nor limit in any manner the discretion of the
licensing authority or other persons charged with the administration of
such requirements, nor dispense with any other requirement of law relating
to the minor.
(b) Approval of a contract pursuant to this section does not remove
the disability of nonage for any other contract with the same minor which
is not approved by the court pursuant to this section, nor is the disability
of nonage of the minor removed generally for the minor, nor is the minor
emancipated for any other purpose or contract other than the performance
of contracts approved pursuant to this section.
(c) No contract shall be approved which provides for an employment,
use, or exhibition of the minor, within or without the state, which is
prohibited by law and in particular by any federal or state child labor
law, and could not be licensed to take place in this state.
(d) No contract shall be approved by the court:
1. Unless a written acquiescence to such contract by the
parent or parents having custody, or other person having custody of the
minor, is filed in the proceeding;
2. Unless written approval is given by the guardian ad litem appointed
by the court in this proceeding; or
3. If the court shall find that the minor is emancipated.
(e) No contract shall be approved, if the term during which the minor
is to perform or render services or during which a person is employed to
render services to a minor, including any extensions thereof by option
or otherwise, extends for a period of more than 3 years from the date of
approval of the contract. If the contract contains any other covenant or
condition which extends beyond such 3 years, the same may be approved if
found to be reasonable and for such period as the court may determine.
(f) If the court which has approved a contract pursuant to
this section shall find that the physical or mental well-being of the minor
is being impaired by the performance thereof or in violation of any child
labor law, it may, at any time during the term of the contract during which
services are to be performed by the minor or rendered by or to the minor
or during the term of any other covenant or condition of the contract,
either revoke its approval of the contract or declare such approval revoked
unless a modification of the contract which the court finds to be appropriate
in the circumstances is agreed upon by the parties and the contract as
modified is approved by order of the court. Application for an order pursuant
to this subsection may be made by the minor, or his or her parent or parents
or guardian, or by the person having the care and custody of the minor, or by a
guardian ad litem appointed for the purpose by the court on its own motion.
The order granting or denying the application shall be made after hearing,
upon notice to the parties to the proceeding in which the contract was
approved, given in such manner as the court shall direct. Revocation of
the approval of the contract shall not affect any right of action existing
at the date of the revocation, except that the court may determine that
a refusal to perform on the ground of impairment of the well-being of the
minor was justified.
Title XLIII, Chap. 743, §743.08
Removal of disabilities of minors; artistic or creative services;
professional sports contracts; procedure for court approval; appointment
of a guardian ad litem
(1)
(a) A proceeding for the approval of a contract described
by s. 743.08 shall be commenced by verified petition by:
1. Either natural parent of the minor, or other person
having custody of the minor;
2. A guardian of person or property of the minor;
3. The minor;
4. Any party to the contract sought to be approved; or
5. Any other interested person.
(b) If a guardian of the person or property of the minor has been appointed
or qualified in this state, the petition shall be made to the court by
which he or she was appointed or in which he or she qualified. If there
is no such guardian, the petition shall be made in the circuit court, probate
division, or other circuit division having guardianship jurisdiction, in
the circuit where the minor resides, or if he or she is not a resident
of the state, in any county in which the minor is to be employed under
the contract.
(c) The following persons, other than one who is the petitioner
or who joins in the petition, shall be served with the petition by formal
notice as provided by the Florida Probate Rules:
1. The minor, if over the age of 14 years.
2. His or her guardian or guardians, if any, whether or not appointed
or qualified in this state.
3. Each party to the contract.
4. The parent or parents of the minor.
5. Any person having the care and custody of the minor.
6. The person with whom the minor resides, if other than a parent
or guardian.
(d) Formal notice shall be made at least 30 days before the time at
which the petition is set to be heard, unless the court shall fix a shorter
time upon cause shown.
(2) The petition shall have annexed a complete copy of the contract
or proposed contract and shall set forth:
(a) The full name, residence, and date of birth of the
minor.
(b) The name and residence of any living parent of the minor, the
name and residence of the person who has care and custody of the minor,
and the name and residence of the person with whom the minor resides.
(c) Whether the minor is a resident of the state or, if he or she
is not a resident, that the petition is for approval of a contract for
performance or rendering of services by the minor and the place in the
state where the services are to be performed or rendered.
(d) A brief statement as to the minor's employment and compensation
under the contract or proposed contract.
(e) A statement that the term of the contract during which the minor
is to perform or render services or during which a person is employed to
render services to the minor can in no event extend for a period of more
than 3 years from the date of approval of the contract.
(f) An enumeration of any other covenants or conditions contained
in the contract which extend beyond such 3 years or a statement that the
contract contains no such other covenants or conditions.
(g) A schedule showing the minor's estimated gross earnings, estimated
outlays, and estimated net earnings as defined in s. 743.095.
(h) The interest of the petitioner in the contract or proposed contract
or in the minor's performance under it.
(i) Such other facts known by the petitioner regarding the minor
and his or her family and property as show that the contract is reasonable
and provident and for the best interests of the minor, including whether
the minor has had at any time a guardian appointed by a court of any jurisdiction,
and the facts with respect to any previous application for the relief sought
or whether similar relief has been sought with respect to the minor.
(3) At any time after the filing of the petition, the court, if it
deems it advisable, may appoint a guardian ad litem, pursuant to s. 744.301,
to represent the interests of the minor. The court shall appoint a guardian
ad litem as to any contract where the parent or guardian will receive remuneration
or financial gain from the performance of the contract or has any other
conflict of interest with the minor as defined by s. 744.446. The court,
in determining whether a guardian ad litem should be appointed, may consider
the following criteria:
(a) The length of time the exclusive services of the minor
are required.
(b) Whether the gross earnings of the minor under the contract are
either contingent or unknown.
(c) Whether the gross earnings of the minor under the contract are
in excess of $15,000.
(4) The guardian ad litem shall be entitled to reasonable compensation.
The court shall have the power to determine the amount of the reasonable
compensation paid to the guardian ad litem and may determine which party
shall be responsible for the fee, whether the fee shall be paid from the
earnings of the minor pursuant to the contract sought to be approved, or
may apportion the fee between the parties to the proceedings.
(5)
(a) The minor, unless excused by the court for good cause
shown, shall attend personally before the court upon the hearing of the
petition.
(b) The court may, by order:
1. Determine any issue arising from the pleadings or proof
and required to be determined for final disposition of the matter, including
issues with respect to the age or emancipation of the minor.
2. Approve or disapprove the contract or proposed contract.
3. Approve the contract upon such conditions, with respect to modification
of the terms thereof or otherwise, as it shall determine.
4. Appoint a guardian of the property to hold the earnings of the
minor as provided by s. 743.095.
Title XLIII, Chap. 743, § 743.09
Removal of disabilities of minors; artistic or creative services;
professional sports contracts; guardianship of the property
(1)
(a) The court may withhold its approval of the contract
sought to be approved under ss. 743.08 and 743.09 until the filing of a
guardianship plan by the parents or legal guardian of the minor, which
shall provide that a part of the minor's net earnings for services performed
or rendered during the term of the contract be set aside and saved for
the minor under a guardianship of the property as provided in this section,
until he or she attains his or her majority or until further order of the
court.
(b) The court shall fix the amount or proportion of net earnings
to be set aside as it deems for the best interests of the minor, and the
amount or proportion so fixed may, upon subsequent application, be modified
in the discretion of the court, within the limits of the consent given
at the time the contract was approved. In fixing such amount or proportion,
consideration shall be given to the financial circumstances of the parent
of the minor and to the needs of their other children or, if the minor
has any dependents, to the needs of his or her family. If the minor has
no dependents, then the court shall not require the setting aside of an
amount or proportion in excess of two-thirds of the net earnings of the
minor.
(c) For the purposes of this act, net earnings shall mean the gross
earnings received for services performed or rendered by the minor during
the term of the contract, less:
1. All sums required by law to be paid as taxes to any
government or subdivision thereof with respect to or by reason of such
earnings.
2. Reasonable sums to be expended for the support, care, education,
coaching, training, and professional management of the minor.
3. Reasonable fees and expenses paid or to be paid in connection
with the proceeding for approval, the contract, and its performance.
(d) Notwithstanding anything set forth herein, the creditors of any
person, other than of the minor, shall not be entitled to the earnings
of the minor.
(2)
(a) If a guardian of the property of the minor has been
appointed or qualified in this state, he or she shall receive and hold
any net earnings directed by the court to be set aside for the minor as
provided in subsection (1) and by chapter 744 governing guardians of the
property. In any other case a guardian of the property shall be appointed
for the purpose of holding the net earnings of the minor pursuant to the
contract as directed by the court pursuant to subsection (1) and thereafter
shall hold said earnings as a guardian of the property pursuant to chapter
744.
(b) A parent, guardian, or other petitioner is not ineligible to
be appointed as guardian of the property or earnings of a minor derived
from a contract approved pursuant to ss. 743.08 and 743.09 by reason of
his or her interest in any part of the minor's earnings under the contract
or proposed contract or by reason of the fact that he or she is a party
to or otherwise interested in the contract or in the minor's performance
under the contract, provided such interest is fully disclosed to the court.
Title XLIII, Chap. 743, §743.095
