Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
CHAMBER ACTION
Senate House
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1 Comm: RE .
04/20/2006 05:04 PM .
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11 The Committee on Domestic Security (Diaz de la Portilla)
12 recommended the following amendment to amendment (720760):
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14 Senate Amendment (with title amendment)
15 On page 67, between lines 16 and 17,
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17 insert:
18 Section 33. Section 316.0085, Florida Statutes, is
19 amended to read:
20 316.0085 Skateboarding; inline skating; freestyle or
21 mountain and off-road bicycling; paintball; definitions;
22 liability.--
23 (1) The purpose of this section is to encourage
24 governmental owners or lessees of property to make land
25 available to the public for skateboarding, inline skating,
26 paintball, and freestyle or mountain and off-road bicycling.
27 It is recognized that governmental owners or lessees of
28 property have failed to make property available for such
29 activities because of the exposure to liability from lawsuits
30 and the prohibitive cost of insurance, if insurance can be
31 obtained for such activities. It is also recognized that risks
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
1 and dangers are inherent in these activities, which risks and
2 dangers should be assumed by those participating in such
3 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, paintball, and freestyle or
14 mountain and off-road bicycling.
15 (3) This section does not grant authority or
16 permission for a person to engage in skateboarding, inline
17 skating, paintball, or freestyle or mountain and off-road
18 bicycling on property owned or controlled by a governmental
19 entity unless such governmental entity has specifically
20 designated such area for skateboarding, inline skating,
21 paintball, or freestyle or mountain and off-road bicycling.
22 Each governmental entity shall post a rule in each
23 specifically designated area that identifies all authorized
24 activities and indicates that a child under 17 years of age
25 may not engage in any of those activities until the
26 governmental entity has obtained written consent, in a form
27 acceptable to the governmental entity, from the child's
28 parents or legal guardians.
29 (4) A governmental entity or public employee is not
30 liable to any person who voluntarily participates in
31 skateboarding, inline skating, paintball, or freestyle or
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
1 mountain and off-road bicycling for any damage or injury to
2 property or persons which arises out of a person's
3 participation in such activity, and which takes place in an
4 area designated for such activity.
5 (5) This section does not limit liability that would
6 otherwise exist for any of the following:
7 (a) The failure of the governmental entity or public
8 employee to guard against or warn of a dangerous condition of
9 which a participant does not and cannot reasonably be expected
10 to have notice.
11 (b) An act of gross negligence by the governmental
12 entity or public employee that is the proximate cause of the
13 injury.
14 (c) The failure of a governmental entity that provides
15 a designated area for skateboarding, inline skating,
16 paintball, or freestyle or mountain and off-road bicycling to
17 obtain the written consent, in a form acceptable to the
18 governmental entity, from the parents or legal guardians of
19 any child under 17 years of age before authorizing such child
20 to participate in skateboarding, inline skating, paintball, or
21 freestyle or mountain and off-road bicycling in such
22 designated area, unless that child's participation is in
23 violation of posted rules governing the authorized use of the
24 designated area, except that a parent or legal guardian must
25 demonstrate that written consent to engage in mountain or
26 off-road bicycling in a designated area was provided to the
27 governmental entity before entering the designated area.
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29 Nothing in this subsection creates a duty of care or basis of
30 liability for death, personal injury, or damage to personal
31 property. Nothing in this section shall be deemed to be a
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
1 waiver of sovereign immunity under any circumstances.
2 (6) Nothing in this section shall limit the liability
3 of an independent concessionaire, or any person or
4 organization other than a governmental entity or public
5 employee, whether or not the person or organization has a
6 contractual relationship with a governmental entity to use the
7 public property, for injuries or damages suffered in any case
8 as a result of the operation of skateboards, inline skates,
9 paintball equipment, or freestyle or mountain and off-road
10 bicycles on public property by the concessionaire, person, or
11 organization.
12 (7)(a) Any person who participates in or assists in
13 skateboarding, inline skating, paintball, or freestyle or
14 mountain and off-road bicycling assumes the known and unknown
15 inherent risks in these activities irrespective of age, and is
16 legally responsible for all damages, injury, or death to
17 himself or herself or other persons or property which result
18 from these activities. Any person who observes skateboarding,
19 inline skating, paintball, or freestyle or mountain and
20 off-road bicycling assumes the known and unknown inherent
21 risks in these activities irrespective of age, and is legally
22 responsible for all damages, injury, or death to himself or
23 herself which result from these activities. A governmental
24 entity that sponsors, allows, or permits skateboarding, inline
25 skating, paintball, or freestyle or mountain and off-road
26 bicycling on its property is not required to eliminate, alter,
27 or control the inherent risks in these activities.
28 (b) While engaged in skateboarding, inline skating,
29 paintball, or freestyle or mountain and off-road bicycling,
30 irrespective of where such activities occur, a participant is
31 responsible for doing all of the following:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
1 1. Acting within the limits of his or her ability and
2 the purpose and design of the equipment used.
3 2. Maintaining control of his or her person and the
4 equipment used.
5 3. Refraining from acting in any manner which may
6 cause or contribute to death or injury of himself or herself,
7 or other persons.
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9 Failure to comply with the requirements of this paragraph
10 shall constitute negligence.
11 (8) The fact that a governmental entity carries
12 insurance which covers any act described in this section shall
13 not constitute a waiver of the protections set forth in this
14 section, regardless of the existence or limits of such
15 coverage.
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17 (Redesignate subsequent sections.)
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 73, line 9, following the semicolon
23
24 insert:
25 amending s. 316.0085, F.S.; applying provisions
26 that relate to liability with respect to
27 skateboarding, inline skating, and other
28 recreational pursuits to mountain and off-road
29 bicycling as well; requiring demonstration that
30 consent by a parent or legal guardian was
31 provided to a governmental entity in specified
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1742
Barcode 864950
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