Senate Bill 0112
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Florida Senate - 1999 SB 112
By Senator Kurth
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1 A bill to be entitled
2 An act relating to skateboarding, freestyle
3 bicycling, and inline skating 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, inline skating, 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; inline skating; 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, inline skating, and
28 freestyle bicycle riding activities. It is recognized that in
29 the past governmental owners or lessees of property have
30 failed to make property available for such activities because
31 of the exposure to liability from lawsuits and the prohibitive
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1 cost of insurance, if insurance can be obtained for such
2 activities. It is also recognized that risks and dangers are
3 inherent in these activities and that these risks and dangers
4 should be assumed by those participating in the 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, inline skating, and freestyle bicycle
15 riding.
16 (3) This section does not grant authority or
17 permission for a person to engage in skateboarding, inline
18 skating, or freestyle bicycling activities on property owned
19 or controlled by a governmental entity unless the governmental
20 entity has specifically designated the area for skateboarding,
21 inline skating, and freestyle bicycling activities.
22 (4) Neither a governmental entity nor a public
23 employee is liable to any person who voluntarily participates
24 in skateboarding, inline skating, or freestyle bicycle riding
25 for any damage or injury to property or persons which arises
26 out of a person's participation in such activity and which
27 occurs in an area designated for such activity.
28 (5) This section does not limit liability that would
29 otherwise exist for any of the following:
30 (a) The failure of the governmental entity or public
31 employee to guard against or warn of a dangerous condition of
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1 which the governmental entity or public employee has actual or
2 constructive notice and of which a participant does not and
3 cannot reasonably be expected to have notice.
4 (b) An act of gross negligence by the governmental
5 entity or public employee which is the proximate cause of the
6 injury.
7 (c) With respect to children under 17 years of age, if
8 a governmental entity that provides a designated area for
9 skateboarding, inline skating, or freestyle bicycle riding
10 fails to obtain written consent, in a form acceptable to the
11 governmental entity, from the parents or legal guardians of
12 such a child before authorizing the child to participate in
13 skateboarding, inline skating, or freestyle bicycle riding in
14 the designated area.
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16 This subsection does not create a duty of care or basis of
17 liability for death, personal injury, or damage to personal
18 property. This section does not constitute a waiver of
19 sovereign immunity under any circumstances.
20 (6) This section does not limit the liability of an
21 independent concessionaire, or of any person or organization
22 other than a governmental entity or public employee, whether
23 or not the person or organization has a contractual
24 relationship with a governmental entity to use the public
25 property, for any injuries or damages suffered as a result of
26 the operation of skateboards, inline skates, or freestyle
27 bicycles on public property by the concessionaire, person, or
28 organization.
29 (7)(a) Any person who participates in, assists in, or
30 observes skateboarding, inline skating, or freestyle bicycle
31 riding assumes the known and unknown inherent risks in these
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1 activities, irrespective of the person's age, and is legally
2 responsible for all damages, injury, or death to himself or
3 herself, or to other persons or property, which result from
4 these activities. A governmental entity that sponsors, allows,
5 or permits skateboarding, inline skating, or freestyle bicycle
6 riding on its property is not required to eliminate, alter, or
7 control the inherent risks in these activities.
8 (b) While engaged in skateboarding, inline skating, or
9 freestyle bicycle riding, irrespective of where such
10 activities occur, a participant is responsible for:
11 1. Acting within the limits of his or her ability and
12 the purpose and design of the equipment used;
13 2. Maintaining control of his or her person and the
14 equipment used; and
15 3. Refraining from acting in any manner that may cause
16 or contribute to death or injury of himself, herself, or other
17 persons.
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19 Failure to comply with this paragraph constitutes negligence.
20 (8) The fact that a governmental entity carries
21 insurance that covers any act described in this section does
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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2 SENATE SUMMARY
3 Provides legislative purpose and definitions relating to
skateboarding, freestyle bicycling, and inline skating
4 activities. Provides limitations on liability of
governmental entities and public employees with respect
5 to persons who participate in such activities on property
owned or leased by the governmental entity. Provides
6 exceptions. Provides for liability of independent
concessionaires or other persons or organizations for
7 certain injuries or damages. Provides for the assumption
of certain risks. Provides for the effect of certain
8 insurance.
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