Senate Bill 0058

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    Florida Senate - 1999                                    SB 58

    By Senator Kirkpatrick





    5-10-99

  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 of

  7         governmental entities and public employees with

  8         respect to persons who participate in

  9         skateboarding, inline skating, or freestyle

10         bicycle riding on property owned or leased by

11         the governmental entity; providing exceptions;

12         providing for liability of independent

13         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

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 - 1999                                    SB 58
    5-10-99




  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 the United States; the

  7  State of Florida, any of its counties or municipalities, or

  8  any department, agency, or other instrumentality thereof; or

  9  any school board, special district, authority, or other entity

10  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 bicycle

14  riding.

15         (3)  This section does not grant authority or

16  permission for a person to engage in skateboarding, inline

17  skating, or freestyle bicycling activities on property owned

18  or controlled by a governmental entity unless such

19  governmental entity has specifically designated such area for

20  skateboarding, inline skating, and freestyle bicycling

21  activities.

22         (4)  A governmental entity or public employee is not

23  liable to any person who voluntarily participates in

24  skateboarding, inline skating, or freestyle bicycle riding for

25  any damage or injury to property or persons which arises out

26  of a person's participation in such activity and which takes

27  place 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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    Florida Senate - 1999                                    SB 58
    5-10-99




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

  2  a participant does not and cannot reasonably be expected to

  3  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)  The failure of a governmental entity that provides

  8  a designated area for skateboarding, inline skating, or

  9  freestyle bicycle riding to obtain written consent from the

10  parents or legal guardians of any child under 17 years of age

11  before allowing that child to participate in any of those

12  activities in that designated 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         (6)  Nothing in this section limits the liability of an

19  independent concessionaire, or any person or organization

20  other than a governmental entity or public employee, whether

21  or not the person or organization has a contractual

22  relationship with a governmental entity to use the public

23  property, for injuries or damages suffered in any case as a

24  result of the operation of skateboards, inline skates, or

25  freestyle bicycles on public property by the concessionaire,

26  person, or organization.

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

28  observes skateboarding, inline skating, or freestyle bicycle

29  riding assumes the known and unknown inherent risks in these

30  activities irrespective of his or her age and is legally

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

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    Florida Senate - 1999                                    SB 58
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  1  herself, or other persons or property which results from these

  2  activities. A governmental entity that sponsors, allows, or

  3  permits skateboarding, inline skating, or freestyle bicycle

  4  riding on its property is not required to eliminate, alter, or

  5  control the inherent risks in these activities.

  6         (b)  While engaged in skateboarding, inline skating, 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 that may cause

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

16  persons.

17

18  Failure to comply with the requirements of this paragraph

19  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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    Florida Senate - 1999                                    SB 58
    5-10-99




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  2                          SENATE SUMMARY

  3    Provides limited immunity from liability for governmental
      entities and public employees when the entities make
  4    available land for public use in skateboarding, inline
      skating, and freestyle bicycling. The immunity does not
  5    attach when the governmental entity or public employee
      fails to warn of a dangerous condition, acts in a grossly
  6    negligent manner, or fails to obtain the written consent
      of the parent or guardian of a minor under 17 years of
  7    age for the minor to engage in such activities. Expressly
      declares that persons participating in, assisting in, or
  8    observing such activities assume the inherent risks.

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