What are the requirements for emancipation in Florida?
Full Question:
Answer:
Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.
Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.
The age of majority in Florida is eighteen. In order to seek a court mandated emancipation, minors must submit a statement of "character, habits, 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." In addition, minors must state whether they are party to any court action taking place in Florida or another state. Minors must also submit a statement explaining why they seek an order of emancipation. Parents must be notified of any such proceeding. The court then asks for any additional evidence to determine if the decree of emancipation is in the minors' best interest. If the order of emancipation is granted, the minor will have all of the rights, responsibilities, and privileges of anyone who has reached the age of majority (eighteen years of age).
A runaway is a minor who is reported missing because his\her whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that the child voluntarily left the care and control of his legal custodian without the custodian's consent and without intent to return. A runaway may include a minor in the company of another person or is in a situation the circumstances of which indicate that the missing child's or missing person's safety is in doubt, or a minor who is unemancipated as defined by the law of the state.
The following are Florida statutes:
743.01 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.
743.07 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.
743.015 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.
984.085 Sheltering unmarried minors; aiding unmarried minor runaways;
violations. —
(1)
(a) A person who is not an authorized agent of the Department of
Juvenile Justice or the Department of Children and Family Services may not
knowingly shelter an unmarried minor for more than 24 hours without the
consent of the minor's parent or guardian or without notifying a law
enforcement officer of the minor's name and the fact that the minor is
being provided shelter.
(b) A person may not knowingly provide aid to an unmarried minor who has
run away from home without first contacting the minor's parent or guardian
or notifying a law enforcement officer. The aid prohibited under this
paragraph includes assisting the minor in obtaining shelter, such as hotel
lodgings.
(2) A person who violates this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
775.082 Penalties; applicability of sentencing
structures; mandatory minimum sentences for certain
reoffenders previously released from prison. —
(1) A person who has been convicted of a capital felony
shall be punished by death if the proceeding held to
determine sentence according to the procedure set forth in
s. 921.141 results in findings by the court that such person
shall be punished by death, otherwise such person shall be
punished by life imprisonment and shall be ineligible for
parole.
(2) In the event the death penalty in a capital felony is
held to be unconstitutional by the Florida Supreme Court or
the United States Supreme Court, the court having
jurisdiction over a person previously sentenced to death for
a capital felony shall cause such person to be brought
before the court, and the court shall sentence such person
to life imprisonment as provided in subsection (1). No
sentence of death shall be reduced as a result of a
determination that a method of execution is held to be
unconstitutional under the State Constitution or the
Constitution of the United States.
(3) A person who has been convicted of any other designated
felony may be punished as follows:
(a)
1. For a life felony committed prior to October 1, 1983,
by a term of imprisonment for life or for a term of years
not less than 30.
2. For a life felony committed on or after October 1, 1983,
by a term of imprisonment for life or by a term of
imprisonment not exceeding 40 years.
3. Except as provided in subparagraph 4., for a life felony
committed on or after July 1, 1995, by a term of
imprisonment for life or by imprisonment for a term of years
not exceeding life imprisonment.
4.
a. Except as provided in sub-subparagraph
b., for a life
felony committed on or after September 1, 2005, which is a
violation of s. 800.04 (5)(b), by:
(I) A term of imprisonment for life; or
(II) A split sentence that is a term of not less than
25 years' imprisonment and not exceeding life imprisonment,
followed by probation or community control for the remainder
of the person's natural life, as provided in s. 948.012 (4).
b. For a life felony committed on or after July 1, 2008,
which is a person's second or subsequent violation of
s. 800.04 (5)(b), by a term of imprisonment for life.
(b) For a felony of the first degree, by a term of
imprisonment not exceeding 30 years or, when specifically
provided by statute, by imprisonment for a term of years not
exceeding life imprisonment.
(c) For a felony of the second degree, by a term of
imprisonment not exceeding 15 years.
(d) For a felony of the third degree, by a term of
imprisonment not exceeding 5 years.
(4) A person who has been convicted of a designated
misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite
term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite
term of imprisonment not exceeding 60 days.
(5) Any person who has been convicted of a noncriminal
violation may not be sentenced to a term of imprisonment nor
to any other punishment more severe than a fine, forfeiture,
or other civil penalty, except as provided in chapter 316 or
by ordinance of any city or county.
(6) Nothing in this section shall be construed to alter the
operation of any statute of this state authorizing a trial
court, in its discretion, to impose a sentence of
imprisonment for an indeterminate period within minimum and
maximum limits as provided by law, except as provided in
subsection (1).
(7) This section does not deprive the court of any authority
conferred by law to decree a forfeiture of property, suspend
or cancel a license, remove a person from office, or impose
any other civil penalty. Such a judgment or order may be
included in the sentence.
(8)
(a) The sentencing guidelines that were effective
October 1, 1983, and any revisions thereto, apply to all
felonies, except capital felonies, committed on or after
October 1, 1983, and before January 1, 1994, and to all
felonies, except capital felonies and life felonies,
committed before October 1, 1983, when the defendant
affirmatively selects to be sentenced pursuant to such
provisions.
(b) The 1994 sentencing guidelines, that were effective
January 1, 1994, and any revisions thereto, apply to all
felonies, except capital felonies, committed on or after
January 1, 1994, and before October 1, 1995.
(c) The 1995 sentencing guidelines that were effective
October 1, 1995, and any revisions thereto, apply to all
felonies, except capital felonies, committed on or after
October 1, 1995, and before October 1, 1998.
(d) The Criminal Punishment Code applies to all felonies,
except capital felonies, committed on or after
October 1, 1998. Any revision to the Criminal Punishment
Code applies to sentencing for all felonies, except capital
felonies, committed on or after the effective date of the
revision.
(e) Felonies, except capital felonies, with continuing dates
of enterprise shall be sentenced under the sentencing
guidelines or the Criminal Punishment Code in effect on the
beginning date of the criminal activity.
(9)
(a)1. "Prison releasee reoffender" means any defendant
who commits, or attempts to commit:
a. Treason;
b. Murder;
c. Manslaughter;
d. Sexual battery;
e. Carjacking;
f. Home-invasion robbery;
g. Robbery;
h. Arson;
i. Kidnapping;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a
destructive device or bomb;
o. Any felony that involves the use or threat of physical
force or violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied
structure; or
r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
s. 827.071, or s. 847.0135 (5);within 3 years after being released from a state
correctional facility operated by the Department of
Corrections or a private vendor or within 3 years after
being released from a correctional institution of another
state, the District of Columbia, the United States, any
possession or territory of the United States, or any foreign
jurisdiction, following incarceration for an offense for
which the sentence is punishable by more than 1 year in this
state.
2. "Prison releasee reoffender" also means any defendant who
commits or attempts to commit any offense listed in
sub-subparagraphs (a)1.a.-r. while the defendant was serving
a prison sentence or on escape status from a state
correctional facility operated by the Department of
Corrections or a private vendor or while the defendant was
on escape status from a correctional institution of another
state, the District of Columbia, the United States, any
possession or territory of the United States, or any foreign
jurisdiction, following incarceration for an offense for
which the sentence is punishable by more than 1 year in this
state.
3. If the state attorney determines that a defendant is a
prison releasee reoffender as defined in subparagraph 1.,
the state attorney may seek to have the court sentence the
defendant as a prison releasee reoffender. Upon proof from
the state attorney that establishes by a preponderance of
the evidence that a defendant is a prison releasee
reoffender as defined in this section, such defendant is not
eligible for sentencing under the sentencing guidelines and
must be sentenced as follows:
a. For a felony punishable by life, by a term of
imprisonment for life;
b. For a felony of the first degree, by a term of
imprisonment of 30 years;
c. For a felony of the second degree, by a term of
imprisonment of 15 years; and
d. For a felony of the third degree, by a term of
imprisonment of 5 years.
(b) A person sentenced under paragraph (a) shall be released
only by expiration of sentence and shall not be eligible for
parole, control release, or any form of early release. Any
person sentenced under paragraph (a) must serve 100 percent
of the court-imposed sentence.
(c) Nothing in this subsection shall prevent a court from
imposing a greater sentence of incarceration as authorized
by law, pursuant to s. 775.084 or any other provision of
law.
(d)
1. It is the intent of the Legislature that offenders
previously released from prison who meet the criteria in
paragraph (a) be punished to the fullest extent of the law
and as provided in this subsection, unless the state
attorney determines that extenuating circumstances exist
which preclude the just prosecution of the offender,
including whether the victim recommends that the offender
not be sentenced as provided in this subsection.
2. For every case in which the offender meets the criteria
in paragraph (a) and does not receive the mandatory minimum
prison sentence, the state attorney must explain the
sentencing deviation in writing and place such explanation
in the case file maintained by the state attorney. On an
annual basis, each state attorney shall submit copies of
deviation memoranda regarding offenses committed on or after
the effective date of this subsection, to the president of
the Florida Prosecuting Attorneys Association, Inc. The
association must maintain such information, and make such
information available to the public upon request, for at
least a 10-year period.
(10) The purpose of this section is to provide uniform
punishment for those crimes made punishable under this
section and, to this end, a reference to this
section constitutes a general reference under the doctrine of
incorporation by reference.
775.083 Fines. —
(1) A person who has been convicted of an offense other than
a capital felony may be sentenced to pay a fine in addition
to any punishment described in s. 775.082; when specifically
authorized by statute, he or she may be sentenced to pay a
fine in lieu of any punishment described in s. 775.082. A
person who has been convicted of a noncriminal violation may
be sentenced to pay a fine. Fines for designated crimes and
for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first
or second degree.
(c) $5,000, when the conviction is of a felony of the third
degree.
(d) $1,000, when the conviction is of a misdemeanor of the
first degree.
(e) $500, when the conviction is of a misdemeanor of the
second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain
derived from the offense by the offender or double the
pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the
clerk of the court in the fine and forfeiture fund
established pursuant to s. 142.01. If a defendant is unable
to pay a fine, the court may defer payment of the fine to a
date certain.
(2) In addition to the fines set forth in subsection (1),
court costs shall be assessed and collected in each instance
a defendant pleads nolo contendere to, or is convicted of,
or adjudicated delinquent for, a felony, a misdemeanor, or a
criminal traffic offense under state law, or a violation of
any municipal or county ordinance if the violation
constitutes a misdemeanor under state law. The court costs
imposed by this section shall be $50 for a felony and $20
for any other offense and shall be deposited by the clerk of
the court into an appropriate county account for
disbursement for the purposes provided in this subsection. A
county shall account for the funds separately from other
county funds as crime prevention funds. The county, in
consultation with the sheriff, must expend such funds for
crime prevention programs in the county, including safe
neighborhood programs under ss. 163.501-163.523.
(3) The purpose of this section is to provide uniform
penalty authorization for criminal offenses and, to this
end, a reference to this section constitutes a general
reference under the doctrine of incorporation by reference.
985.731 Sheltering unmarried minors; aiding unmarried minor runaways;
violations. —
(1)
(a) A person who is not an authorized agent of the department or the
Department of Children and Family Services may not knowingly shelter an
unmarried minor for more than 24 hours without the consent of the minor's
parent or guardian or without notifying a law enforcement officer of the
minor's name and the fact that the minor is being provided shelter.
(b) A person may not knowingly provide aid to an unmarried minor who has
run away from home without first contacting the minor's parent or guardian
or notifying a law enforcement officer. The aid prohibited under this
paragraph includes assisting the minor in obtaining shelter, such as hotel
lodgings.
(2) A person who violates this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
