1 | A bill to be entitled |
2 | An act relating to equine activities; providing a short |
3 | title; providing legislative intent; creating s. 773.11, |
4 | F.S.; defining the term "equine"; requiring certain minors |
5 | to wear helmets when riding equines in certain locations; |
6 | providing requirements for helmets; requiring persons |
7 | renting or leasing equines for riding by a minor under a |
8 | specified age to provide a helmet if the minor does not |
9 | have a helmet; prohibiting a parent or guardian of a minor |
10 | under a specified age from authorizing or permitting a |
11 | minor to engage in certain conduct; providing criminal |
12 | penalties; providing exceptions; providing an effective |
13 | date. |
14 |
|
15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
|
17 | Section 1. This act may be cited as the "Nicole Hornstein |
18 | Act." |
19 | Section 2. It is the intent of the Legislature to further |
20 | promote the safety, health, and welfare of minors engaged in |
21 | equestrian activities and recreation throughout the state by |
22 | enacting safety standards to minimize the number of serious or |
23 | fatal head injuries sustained by minors during equestrian |
24 | activities and recreation. |
25 | Section 3. Section 773.11, Florida Statutes, is created to |
26 | read: |
27 | 773.11 Helmet requirements; penalties.-- |
28 | (1) As used in this section, the term "equine" has the |
29 | same meaning as provided in s. 773.01. |
30 | (2) A child who is under 16 years of age must wear a |
31 | helmet that meets the current applicable American Society of |
32 | Testing and Materials standards for protective headgear used in |
33 | horseback riding and that is properly fitted and fastened |
34 | securely upon the child's head by a strap when the child is |
35 | riding an equine upon any of the following: |
36 | (a) A public roadway or right-of-way; |
37 | (b) A public equestrian trail, public recreational trail, |
38 | public park and preserve, or public school site; or |
39 | (c) Any other publicly owned or controlled property. |
40 | (3) No trainer, instructor, supervisor, or other person |
41 | may knowingly rent or lease an equine to be ridden by a child |
42 | under 16 years of age unless the child possesses a helmet |
43 | meeting the requirements of this section or the trainer, |
44 | instructor, supervisor, or other person renting or leasing the |
45 | equine supplies the child a helmet meeting the standards of this |
46 | section. |
47 | (4) No parent or guardian of any child under 16 years of |
48 | age may authorize or knowingly permit any such child to violate |
49 | this section. |
50 | (5) Any person violating any provision of this section |
51 | commits a misdemeanor of the third degree, punishable as |
52 | provided in s. 775.082 or s. 775.083. |
53 | (6) This section does not apply to a minor riding an |
54 | equine when such rider is competing or performing during a show |
55 | or event in which he or she is registered as a competitor or |
56 | participant. |
57 | Section 4. This act shall take effect October 1, 2007. |