Senate Bill 0820c1
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Florida Senate - 1998 CS for SB 820
By the Committee on Community Affairs and Senator Kurth
316-1965-98
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 Senate - 1998 CS for SB 820
316-1965-98
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)(a) This section does not grant authority or
16 permission for a person to engage in skateboarding,
17 rollerblading, and freestyle bicycling activities on property
18 owned or controlled by a governmental entity unless such
19 governmental entity has specifically designated such area for
20 skateboarding, rollerblading, and freestyle bicycling
21 activities.
22 (b) No governmental entity or public employee shall be
23 liable to any person who participates in skateboarding,
24 rollerblading, or freestyle bicycle riding, any person who
25 assists the participant, or any spectator who was voluntarily
26 in the place of risk or, having the ability to do so, failed
27 to leave, for any damage or injury to property or persons
28 arising out of any skateboarding, rollerblading, or freestyle
29 bicycle riding activity which takes place in an area
30 designated for such activity.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 820
316-1965-98
1 (4) This section does not limit liability which would
2 otherwise exist for any of the following:
3 (a) The failure of the governmental entity or public
4 employee to guard against or warn of a dangerous condition of
5 which he or she has actual or constructive notice and of which
6 a participant does not and cannot reasonably be expected to
7 have notice.
8 (b) An act of gross negligence by the governmental
9 entity or public employee that is the proximate cause of the
10 injury.
11 (c) As to children under 17 years of age, if a
12 governmental entity that provides a designated area for
13 skateboarding, rollerblading, or freestyle bicycle riding
14 fails to obtain the written consent, in a form acceptable to
15 the governmental entity, from the parents or legal guardians
16 of any child under 17 years of age before authorizing such
17 child or children to participate in skateboarding,
18 rollerblading, or freestyle bicycle riding in such designated
19 area.
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21 Nothing in this subsection creates a duty of care or basis of
22 liability for death, personal injury, or damage to personal
23 property. Nothing in this section shall be deemed to be a
24 waiver of sovereign immunity under any circumstances.
25 (5) Nothing in this section shall limit the liability
26 of an independent concessionaire, or any person or
27 organization other than a governmental entity or public
28 employee, whether or not the person or organization has a
29 contractual relationship with a governmental entity to use the
30 public property, for injuries or damages suffered in any case
31 as a result of the operation of skateboards, rollerblades, or
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Florida Senate - 1998 CS for SB 820
316-1965-98
1 freestyle bicycles on public property by the concessionaire,
2 person, or organization.
3 (6)(a) Any person who participates in, assists in, or
4 observes skateboarding, rollerblading, or freestyle bicycle
5 riding assumes the known and unknown inherent risks in these
6 activities irrespective of their age, and is legally
7 responsible for all damages, injury or death to himself,
8 herself, or other persons or property which result from these
9 activities. No governmental entity which sponsors, allows, or
10 permits skateboarding, rollerblading, or freestyle bicycle
11 riding on property owned or leased by it is required to
12 eliminate, alter, or control the inherent risks in these
13 activities.
14 (b) While engaged in skateboarding, rollerblading, or
15 freestyle bicycle riding, irrespective of where such
16 activities occur, a participant is responsible for doing all
17 of the following:
18 1. Acting within the limits of his or her ability and
19 the purpose and design of the equipment used.
20 2. Maintaining control of his or her person and the
21 equipment used.
22 3. Refraining from acting in any manner which may
23 cause or contribute to the death of or injury to himself,
24 herself, or other persons.
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26 Failure to comply with the requirements of this paragraph
27 shall constitute negligence.
28 (7) The fact that a governmental entity carries
29 insurance which covers any act described in this section shall
30 not constitute a waiver of the protections set forth in this
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Florida Senate - 1998 CS for SB 820
316-1965-98
1 section, regardless of the existence or limits of such
2 coverage.
3 Section 2. This act shall take effect upon becoming a
4 law.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 820
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9 Expands the bill to apply to freestyle bicycle riding
activities, in addition to skateboarding and rollerblading;
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Clarifies that the bill does not grant authority to engage in
11 these activities on government owned or controlled property
unless the governmental entity has specifically designated an
12 area for those activities; and
13 Provides that the limitation on liability applies to
activities taking place within an area designated by the
14 governmental entity for those activities.
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