HB 0699 2004
1	A bill to be entitled
2	An act relating to paintball activities; amending s.
3	316.0085, F.S.; including paintball in activities made
4	available to the public by governmental entities on
5	designated property; providing for liability; providing
6	responsibilities of governmental entities and paintball
7	participants; providing responsibility for damages,
8	injury, or death; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 316.0085, Florida Statutes, is amended
13	to read:
14	316.0085 Skateboarding; inline skating; paintball;
15	freestyle bicycling; definitions; liability.--
16	(1) The purpose of this section is to encourage
17	governmental owners or lessees of property to make land
18	available to the public for skateboarding, inline skating,
19	paintball,and freestyle bicycling. It is recognized that
20	governmental owners or lessees of property have failed to make
21	property available for such activities because of the exposure
22	to liability from lawsuits and the prohibitive cost of
23	insurance, if insurance can be obtained for such activities. It
24	is also recognized that risks and dangers are inherent in these
25	activities, which risks and dangers should be assumed by those
26	participating in such activities.
27	(2) As used in this section, the term:
28	(a) "Governmental entity" means:
29	1. The United States, the State of Florida, any county or
30	municipality, or any department, agency, or other
31	instrumentality thereof.
32	2. Any school board, special district, authority, or other
33	entity exercising governmental authority.
34	(b) "Inherent risk" means those dangers or conditions that
35	are characteristic of, intrinsic to, or an integral part of
36	skateboarding, inline skating, paintball,and freestyle
37	bicycling.
38	(3) This section does not grant authority or permission
39	for a person to engage in skateboarding, inline skating,
40	paintball, or freestyle bicycling on property owned or
41	controlled by a governmental entity unless such governmental
42	entity has specifically designated such area for skateboarding,
43	inline skating, paintball,and freestyle bicycling.
44	(4) No governmental entity or public employee shall be
45	liable to any person who voluntarily participates in
46	skateboarding, inline skating, paintball,or freestyle bicycling
47	for any damage or injury to property or persons which arises out
48	of a person's participation in such activity, and which takes
49	place in an area designated for such activity.
50	(5) This section does not limit liability which would
51	otherwise exist for any of the following:
52	(a) The failure of the governmental entity or public
53	employee to guard against or warn of a dangerous condition of
54	which a participant does not and cannot reasonably be expected
55	to have notice.
56	(b) An act of gross negligence by the governmental entity
57	or public employee that is the proximate cause of the injury.
58	(c) The failure of a governmental entity that provides a
59	designated area for skateboarding, inline skating, paintball,or
60	freestyle bicycling to obtain the written consent, in a form
61	acceptable to the governmental entity, from the parents or legal
62	guardians of any child under 17 years of age before authorizing
63	such child to participate in skateboarding, inline skating,
64	paintball,or freestyle bicycling in such designated area,
65	unless that child's participation is in violation of posted
66	rules governing the hours of authorized use of the designated
67	area.
68
69	Nothing in this subsection creates a duty of care or basis of
70	liability for death, personal injury, or damage to personal
71	property. Nothing in this section shall be deemed to be a waiver
72	of sovereign immunity under any circumstances.
73	(6) Nothing in this section shall limit the liability of
74	an independent concessionaire, or any person or organization
75	other than a governmental entity or public employee, whether or
76	not the person or organization has a contractual relationship
77	with a governmental entity to use the public property, for
78	injuries or damages suffered in any case as a result of the
79	operation of skateboards, inline skates, paintball equipment,or
80	freestyle bicycles on public property by the concessionaire,
81	person, or organization.
82	(7)(a) Any person who participates in or assists in
83	skateboarding, inline skating, paintball,or freestyle bicycling
84	assumes the known and unknown inherent risks in these activities
85	irrespective of age, and is legally responsible for all damages,
86	injury, or death to himself or herself or other persons or
87	property which result from these activities. Any person who
88	observes skateboarding, inline skating, paintball,or freestyle
89	bicycling assumes the known and unknown inherent risks in these
90	activities irrespective of age, and is legally responsible for
91	all damages, injury, or death to himself or herself which result
92	from these activities. No governmental entity which sponsors,
93	allows, or permits skateboarding, inline skating, paintball,or
94	freestyle bicycling on its property is required to eliminate,
95	alter, or control the inherent risks in these activities.
96	(b) While engaged in skateboarding, inline skating,
97	paintball,or freestyle bicycling, irrespective of where such
98	activities occur, a participant is responsible for doing all of
99	the following:
100	1. Acting within the limits of his or her ability and the
101	purpose and design of the equipment used.
102	2. Maintaining control of his or her person and the
103	equipment used.
104	3. Refraining from acting in any manner which may cause or
105	contribute to death or injury of himself or herself,or other
106	persons.
107
108	Failure to comply with the requirements of this paragraph shall
109	constitute negligence.
110	(8) The fact that a governmental entity carries insurance
111	which covers any act described in this section shall not
112	constitute a waiver of the protections set forth in this
113	section, regardless of the existence or limits of such coverage.
114	Section 2. This act shall take effect July 1, 2004.