House Bill 3499c1

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    Florida House of Representatives - 1998             CS/HB 3499

        By the Committee on Civil Justice & Claims and
    Representatives Futch and Silver





  1                      A bill to be entitled

  2         An act relating to skateboarding, freestyle

  3         bicycling, and rollerblading activities;

  4         creating s. 316.0085, F.S., providing

  5         legislative purpose; providing definitions;

  6         providing limitations on liability with respect

  7         to governmental entities and public employees

  8         with respect to persons who participate in

  9         skateboarding, rollerblading, or freestyle

10         bicycle riding activities on property owned or

11         leased by the governmental entity; providing

12         exceptions; providing for liability of

13         independent concessionaires or other persons or

14         organizations for certain injuries or damages;

15         providing for the assumption of certain risks;

16         providing for the effect of certain insurance;

17         providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 316.0085, Florida Statutes, is

22  created to read:

23         316.0085  Skateboarding; rollerblading; freestyle

24  bicycle riding; definitions; liability.--

25         (1)  The purpose of this section is to encourage

26  governmental owners or lessees of property to make land

27  available to the public for skateboarding, rollerblading, and

28  freestyle bicycle riding activities. It is recognized that

29  governmental owners or lessees of property have failed to make

30  property available for such activities because of the exposure

31  to liability from lawsuits and the prohibitive cost of

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    Florida House of Representatives - 1998             CS/HB 3499

    686-141A-98






  1  insurance, if insurance can be obtained for such activities.

  2  It is also recognized that risks and dangers are inherent in

  3  these activities, which risks and dangers should be assumed by

  4  those participating in such activities.

  5         (2)  As used in this section, the term:

  6         (a)  "Governmental entity" means:

  7         1.  The United States, the State of Florida, any county

  8  or municipality, or any department, agency, or other

  9  instrumentality thereof; and

10         2.  Any school board, special district, authority or

11  other entity exercising governmental authority.

12         (b)  "Inherent risk" means those dangers or conditions

13  that are characteristic of, intrinsic to, or an integral part

14  of skateboarding, rollerblading, and freestyle bicycle riding.

15         (3)  No governmental entity or public employee shall be

16  liable to any person who participates in skateboarding,

17  rollerblading, or freestyle bicycle riding, any person who

18  assists the participant, or any spectator who was voluntarily

19  in the place of risk or, having the ability to do so, failed

20  to leave, for any damage or injury to property or persons

21  arising out of any skateboarding, rollerblading, or freestyle

22  bicycle riding activity which takes place in an area

23  designated for such activity.

24         (4)  This section does not limit liability which would

25  otherwise exist for any of the following:

26         (a)  The failure of the governmental entity or public

27  employee to guard against or warn of a dangerous condition of

28  which he or she has actual or constructive notice and of which

29  a participant does not and cannot reasonably be expected to

30  have notice.

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    Florida House of Representatives - 1998             CS/HB 3499

    686-141A-98






  1         (b)  An act of gross negligence by the governmental

  2  entity or public employee that is the proximate cause of the

  3  injury.

  4         (c)  As to children under 17 years of age, if a

  5  governmental entity that provides a designated area for

  6  skateboarding, rollerblading, or freestyle bicycle riding

  7  fails to obtain the written consent, in a form acceptable to

  8  the governmental entity, from the parents or legal guardians

  9  of any child under 17 years of age before authorizing such

10  child or children to participate in skateboarding,

11  rollerblading, or freestyle bicycle riding in such designated

12  area.

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14  Nothing in this subsection creates a duty of care or basis of

15  liability for death, personal injury, or damage to personal

16  property. Nothing in this section shall be deemed to be a

17  waiver of sovereign immunity under any circumstances.

18         (5)  Nothing in this section shall limit the liability

19  of an independent concessionaire, or any person or

20  organization other than a governmental entity or public

21  employee, whether or not the person or organization has a

22  contractual relationship with a governmental entity to use the

23  public property, for injuries or damages suffered in any case

24  as a result of the operation of skateboards, rollerblades, or

25  freestyle bicycles on public property by the concessionaire,

26  person, or organization.

27         (6)(a)  Any person who participates in, assists in, or

28  observes skateboarding, rollerblading, or freestyle bicycle

29  riding assumes the known and unknown inherent risks in these

30  activities irrespective of their age, and is legally

31  responsible for all damages, injury or death to himself,

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    Florida House of Representatives - 1998             CS/HB 3499

    686-141A-98






  1  herself, or other persons or property which result from these

  2  activities. No governmental entity which sponsors, allows, or

  3  permits skateboarding, rollerblading, or freestyle bicycle

  4  riding on its property is required to eliminate, alter, or

  5  control the inherent risks in these activities.

  6         (b)  While engaged in skateboarding, rollerblading, or

  7  freestyle bicycle riding, irrespective of where such

  8  activities occur, a participant is responsible for doing all

  9  of the following:

10         1.  Acting within the limits of his or her ability and

11  the purpose and design of the equipment used.

12         2.  Maintaining control of his or her person and the

13  equipment used.

14         3.  Refraining from acting in any manner which may

15  cause or contribute to death or injury of himself, herself or

16  other persons.

17

18  Failure to comply with the requirements of this paragraph

19  shall constitute negligence.

20         (7)  The fact that a governmental entity carries

21  insurance which covers any act described in this section shall

22  not constitute a waiver of the protections set forth in this

23  section, regardless of the existence or limits of such

24  coverage.

25         Section 2.  This act shall take effect upon becoming a

26  law.

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