HB 1023

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


CODING: Words stricken are deletions; words underlined are additions.