Senate Bill sb1652

    Florida Senate - 2007                                  SB 1652

    By Senator Aronberg





    27-1579-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to equine activities; providing

  3         a short title; providing legislative intent;

  4         creating s. 773.11, F.S.; defining the term

  5         "equine"; requiring certain minors to wear

  6         helmets when riding equines in certain

  7         locations; providing requirements for helmets;

  8         requiring persons renting or leasing equines

  9         for riding by a minor under a specified age to

10         provide a helmet if the minor does not have a

11         helmet; prohibiting a parent or guardian of a

12         minor under a specified age from authorizing or

13         permitting a minor to engage in certain

14         conduct; providing criminal penalties;

15         providing exceptions; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  This act may be cited as the "Nicole

21  Hornstein Act."

22         Section 2.  It is the intent of the Legislature to

23  further promote the safety, health, and welfare of minors

24  engaged in equestrian activities and recreation throughout the

25  state by enacting safety standards to minimize the number of

26  serious or fatal head injuries sustained by minors during

27  equestrian activities and recreation.

28         Section 3.  Section 773.11, Florida Statutes, is

29  created to read:

30         773.11  Helmet requirements; penalties.--

31  

                                  1

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






    Florida Senate - 2007                                  SB 1652
    27-1579-07                                              See HB




 1         (1)  As used in this section, the term "equine" has the

 2  same meaning as provided in s. 773.01.

 3         (2)  A child who is under 16 years of age must wear a

 4  helmet that meets the current applicable American Society of

 5  Testing and Materials standards for protective headgear used

 6  in horseback riding and that is properly fitted and fastened

 7  securely upon the child's head by a strap when the child is

 8  riding an equine upon any of the following:

 9         (a)  A public roadway, right-of-way, or an area

10  immediately adjacent to a public roadway or right-of-way;

11         (b)  A public equestrian trail, public recreational

12  trail, public park and preserve, or public school site; or

13         (c)  Any other publicly owned or controlled property.

14         (3)  No trainer, instructor, supervisor, or other

15  person may knowingly rent or lease an equine to be ridden by a

16  child under 16 years of age unless the child possesses a

17  helmet meeting the requirements of this section or the

18  trainer, instructor, supervisor, or other person renting or

19  leasing the equine supplies the child a helmet meeting the

20  standards of this section.

21         (4)  No parent or guardian of any child under 16 years

22  of age may authorize or knowingly permit any such child to

23  violate this section.

24         (5)  Any person violating any provision of this section

25  commits a misdemeanor of the third degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (6)  This section does not apply to a minor riding an

28  equine when such rider is competing or performing during a

29  show or event in which he or she is registered as a competitor

30  or participant.

31         Section 4.  This act shall take effect October 1, 2007.

                                  2

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