House Bill 0019c1

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    Florida House of Representatives - 1999               CS/HB 19

        By the Committee on Judiciary and Representatives Futch
    and Warner





  1                      A bill to be entitled

  2         An act relating to skateboarding, inline

  3         skating, and freestyle bicycling; creating s.

  4         316.0085, F.S.; providing legislative purpose;

  5         providing definitions; providing limitations on

  6         liability with respect to governmental entities

  7         and public employees with respect to persons

  8         who participate in skateboarding, inline

  9         skating, or freestyle bicycling on property

10         owned or leased by the governmental entity;

11         providing exceptions; providing for liability

12         of independent concessionaires or other persons

13         or organizations for certain injuries or

14         damages; providing for the assumption of

15         certain risks; providing for the effect of

16         certain insurance; providing an effective date.

17

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

19

20         Section 1.  Section 316.0085, Florida Statutes, is

21  created to read:

22         316.0085  Skateboarding; inline skating; freestyle

23  bicycling; definitions; liability.--

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

25  governmental owners or lessees of property to make land

26  available to the public for skateboarding, inline skating, and

27  freestyle bicycling. It is recognized that governmental owners

28  or lessees of property have failed to make property available

29  for such activities because of the exposure to liability from

30  lawsuits and the prohibitive cost of insurance, if insurance

31  can be obtained for such activities. It is also recognized

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    Florida House of Representatives - 1999               CS/HB 19

    186-045-99






  1  that risks and dangers are inherent in these activities, which

  2  risks and dangers should be assumed by those participating in

  3  such activities.

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

  5         (a)  "Governmental entity" means:

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

  7  or municipality, or any department, agency, or other

  8  instrumentality thereof.

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

10  other entity exercising governmental authority.

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

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

13  of skateboarding, inline skating, and freestyle bicycling.

14         (3)  This section does not grant authority or

15  permission for a person to engage in skateboarding, inline

16  skating, or freestyle bicycling on property owned or

17  controlled by a governmental entity unless such governmental

18  entity has specifically designated such area for

19  skateboarding, inline skating, and freestyle bicycling.

20         (4)  No governmental entity or public employee shall be

21  liable to any person who voluntarily participates in

22  skateboarding, inline skating, or freestyle bicycling for any

23  damage or injury to property or persons which arises out of a

24  person's participation in such activity, and which takes place

25  in an area designated for such activity.

26         (5)  This section does not limit liability which would

27  otherwise exist for any of the following:

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

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

30  which a participant does not and cannot reasonably be expected

31  to have notice.

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    Florida House of Representatives - 1999               CS/HB 19

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  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)  The failure of a governmental entity that provides

  5  a designated area for skateboarding, inline skating, or

  6  freestyle bicycling to obtain the written consent, in a form

  7  acceptable to the governmental entity, from the parents or

  8  legal guardians of any child under 17 years of age before

  9  authorizing such child to participate in skateboarding, inline

10  skating, or freestyle bicycling in such designated area,

11  unless that child's participation is in violation of posted

12  rules governing the hours of authorized use of the designated

13  area.

14

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

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

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

18  waiver of sovereign immunity under any circumstances.

19         (6)  Nothing in this section shall limit the liability

20  of an independent concessionaire, or any person or

21  organization other than a governmental entity or public

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

23  contractual relationship with a governmental entity to use the

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

25  as a result of the operation of skateboards, inline skates, or

26  freestyle bicycles on public property by the concessionaire,

27  person, or organization.

28         (7)(a)  Any person who participates in, assists in, or

29  observes skateboarding, inline skating, or freestyle bicycling

30  assumes the known and unknown inherent risks in these

31  activities irrespective of age, and is legally responsible for

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    Florida House of Representatives - 1999               CS/HB 19

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  1  all damages, injury or death to himself or herself, or other

  2  persons or property which result from these activities. No

  3  governmental entity which sponsors, allows, or permits

  4  skateboarding, inline skating, or freestyle bicycling on its

  5  property is required to eliminate, alter, or control the

  6  inherent risks in these activities.

  7         (b)  While engaged in skateboarding, inline skating, or

  8  freestyle bicycling, irrespective of where such activities

  9  occur, a participant is responsible for doing all of the

10  following:

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.

15         3.  Refraining from acting in any manner which may

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

17  or other persons.

18

19  Failure to comply with the requirements of this paragraph

20  shall constitute negligence.

21         (8)  The fact that a governmental entity carries

22  insurance which covers any act described in this section shall

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

24  section, regardless of the existence or limits of such

25  coverage.

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

27  law.

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    Florida House of Representatives - 1999               CS/HB 19

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides limitations on liability with respect to
  4    governmental entities and public employees with respect
      to persons who participate in skateboarding, inline
  5    skating, or freestyle bicycling on property owned or
      leased by the governmental entity. Provides for the
  6    liability of independent concessionaires or other persons
      or organizations for described injuries or damages.
  7    Provides for the assumption of described risks. See bill
      for details.
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