| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to exemptions from liability for |
| 8 | governmental property owners or lessees and public |
| 9 | employees; amending s. 316.0085, F.S.; including the game |
| 10 | of paintball in the exemption from liability granted to |
| 11 | governmental property owners or lessees and public |
| 12 | employees; requiring governmental entities to post rules |
| 13 | indicating that written parental consent is required for |
| 14 | minors to participate in certain activities; revising the |
| 15 | exemptions from immunity; providing for liability of |
| 16 | independent concessionaires or other persons or |
| 17 | organizations for certain injuries or damages; providing |
| 18 | for the assumption of certain risks; providing requirements |
| 19 | for participants in the game of paintball; providing an |
| 20 | effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 316.0085, Florida Statutes, is amended |
| 25 | to read: |
| 26 | 316.0085 Skateboarding; inline skating; paintball; |
| 27 | freestyle bicycling; definitions; liability.-- |
| 28 | (1) The purpose of this section is to encourage |
| 29 | governmental owners or lessees of property to make land |
| 30 | available to the public for skateboarding, inline skating, |
| 31 | paintball, and freestyle bicycling. It is recognized that |
| 32 | governmental owners or lessees of property have failed to make |
| 33 | property available for such activities because of the exposure |
| 34 | to liability from lawsuits and the prohibitive cost of |
| 35 | insurance, if insurance can be obtained for such activities. It |
| 36 | is also recognized that risks and dangers are inherent in these |
| 37 | activities, which risks and dangers should be assumed by those |
| 38 | participating in such activities. |
| 39 | (2) As used in this section, the term: |
| 40 | (a) "Governmental entity" means: |
| 41 | 1. The United States, the State of Florida, any county or |
| 42 | municipality, or any department, agency, or other |
| 43 | instrumentality thereof. |
| 44 | 2. Any school board, special district, authority, or other |
| 45 | entity exercising governmental authority. |
| 46 | (b) "Inherent risk" means those dangers or conditions that |
| 47 | are characteristic of, intrinsic to, or an integral part of |
| 48 | skateboarding, inline skating, paintball, and freestyle |
| 49 | bicycling. |
| 50 | (3) This section does not grant authority or permission |
| 51 | for a person to engage in skateboarding, inline skating, |
| 52 | paintball, or freestyle bicycling on property owned or |
| 53 | controlled by a governmental entity unless such governmental |
| 54 | entity has specifically designated such area for skateboarding, |
| 55 | inline skating, paintball, and freestyle bicycling. Each |
| 56 | governmental entity shall post a rule in each specifically |
| 57 | designated area that identifies all authorized activities and |
| 58 | indicates that a child under 17 years of age may not engage in |
| 59 | any of those activities until the governmental entity has |
| 60 | obtained written consent, in a form acceptable to the |
| 61 | governmental entity, from the child's parent or legal guardian. |
| 62 | (4) No governmental entity or public employee shall be |
| 63 | liable to any person who voluntarily participates in |
| 64 | skateboarding, inline skating, paintball, or freestyle bicycling |
| 65 | for any damage or injury to property or persons which arises out |
| 66 | of a person's participation in such activity, and which takes |
| 67 | place in an area designated for such activity. |
| 68 | (5) This section does not limit liability which would |
| 69 | otherwise exist for any of the following: |
| 70 | (a) The failure of the governmental entity or public |
| 71 | employee to guard against or warn of a dangerous condition of |
| 72 | which a participant does not and cannot reasonably be expected |
| 73 | to have notice. |
| 74 | (b) An act of gross negligence by the governmental entity |
| 75 | or public employee that is the proximate cause of the injury. |
| 76 | (c) The failure of a governmental entity that provides a |
| 77 | designated area for skateboarding, inline skating, paintball, or |
| 78 | freestyle bicycling to obtain the written consent, in a form |
| 79 | acceptable to the governmental entity, from the parent parents |
| 80 | or legal guardian guardians of any child under 17 years of age |
| 81 | before authorizing such child to participate in skateboarding, |
| 82 | inline skating, paintball, or freestyle bicycling in such |
| 83 | designated area, unless that child's participation is in |
| 84 | violation of posted rules governing the hours of authorized use |
| 85 | of the designated area. |
| 86 |
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| 87 | Nothing in this subsection creates a duty of care or basis of |
| 88 | liability for death, personal injury, or damage to personal |
| 89 | property. Nothing in this section shall be deemed to be a waiver |
| 90 | of sovereign immunity under any circumstances. |
| 91 | (6) Nothing in this section shall limit the liability of |
| 92 | an independent concessionaire, or any person or organization |
| 93 | other than a governmental entity or public employee, whether or |
| 94 | not the person or organization has a contractual relationship |
| 95 | with a governmental entity to use the public property, for |
| 96 | injuries or damages suffered in any case as a result of the |
| 97 | operation of skateboards, inline skates, paintball equipment, or |
| 98 | freestyle bicycles on public property by the concessionaire, |
| 99 | person, or organization. |
| 100 | (7)(a) Any person who participates in or assists in |
| 101 | skateboarding, inline skating, paintball, or freestyle bicycling |
| 102 | assumes the known and unknown inherent risks in these activities |
| 103 | irrespective of age, and is legally responsible for all damages, |
| 104 | injury, or death to himself or herself or other persons or |
| 105 | property which result from these activities. Any person who |
| 106 | observes skateboarding, inline skating, paintball, or freestyle |
| 107 | bicycling assumes the known and unknown inherent risks in these |
| 108 | activities irrespective of age, and is legally responsible for |
| 109 | all damages, injury, or death to himself or herself which result |
| 110 | from these activities. No governmental entity which sponsors, |
| 111 | allows, or permits skateboarding, inline skating, paintball, or |
| 112 | freestyle bicycling on its property is required to eliminate, |
| 113 | alter, or control the inherent risks in these activities. |
| 114 | (b) While engaged in skateboarding, inline skating, |
| 115 | paintball, or freestyle bicycling, irrespective of where such |
| 116 | activities occur, a participant is responsible for doing all of |
| 117 | the following: |
| 118 | 1. Acting within the limits of his or her ability and the |
| 119 | purpose and design of the equipment used. |
| 120 | 2. Maintaining control of his or her person and the |
| 121 | equipment used. |
| 122 | 3. Refraining from acting in any manner which may cause or |
| 123 | contribute to death or injury of himself or herself, or other |
| 124 | persons. |
| 125 |
|
| 126 | Failure to comply with the requirements of this paragraph shall |
| 127 | constitute negligence. |
| 128 | (8) The fact that a governmental entity carries insurance |
| 129 | which covers any act described in this section shall not |
| 130 | constitute a waiver of the protections set forth in this |
| 131 | section, regardless of the existence or limits of such coverage. |
| 132 | Section 2. This act shall take effect July 1, 2004. |