| 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 |
| 5 | minors to wear helmets when riding equines in certain |
| 6 | locations; providing requirements for helmets; requiring |
| 7 | persons renting or leasing equines for riding by a minor |
| 8 | under a specified age to provide a helmet if the minor |
| 9 | does not have a helmet; prohibiting a parent or guardian |
| 10 | of a minor under a specified age from authorizing or |
| 11 | permitting a minor to engage in certain conduct; |
| 12 | providing criminal penalties; providing exceptions; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. This act may be cited as the "Nicole |
| 18 | Hornstein Act." |
| 19 | Section 2. It is the intent of the Legislature to |
| 20 | further promote the safety, health, and welfare of minors |
| 21 | engaged in equestrian activities and recreation throughout the |
| 22 | state by enacting safety standards to minimize the number of |
| 23 | serious or fatal head injuries caused each year. |
| 24 | Section 3. Section 773.11, Florida Statutes, is created |
| 25 | to read: |
| 26 | 773.11 Helmet requirements; penalties.-- |
| 27 | (1) As used in this section, the term "equine" has the |
| 28 | same meaning as provided in s. 773.01. |
| 29 | (2) Any equine rider who is under 16 years of age must |
| 30 | wear a helmet that meets the current applicable American |
| 31 | Society of Testing and Materials standards for protective |
| 32 | headgear used in horseback riding and that is properly fitted |
| 33 | and fastened securely upon the child's head by a strap when |
| 34 | riding an equine upon any of the following: |
| 35 | (a) A public roadway or right-of-way; |
| 36 | (b) A public equestrian trail, public recreational |
| 37 | trail, public park or preserve, or public school site; or |
| 38 | (c) Any other publicly owned or controlled property. |
| 39 | (3) No trainer, instructor, supervisor, or other person |
| 40 | may knowingly rent or lease an equine to be ridden by a person |
| 41 | under 16 years of age unless the prospective minor rider |
| 42 | possesses a helmet meeting the requirements of this section or |
| 43 | the trainer, instructor, supervisor, or other person renting |
| 44 | or leasing the equine supplies the child a helmet meeting the |
| 45 | standards of this section. |
| 46 | (4) No parent or guardian of any child under 16 years of |
| 47 | age may authorize or knowingly permit any such child to |
| 48 | violate this section. |
| 49 | (5) Any person violating any provision of this section |
| 50 | commits a misdemeanor of the third degree, punishable as |
| 51 | provided in s. 775.082 or s. 775.083. |
| 52 | (6) This section does not apply to a minor riding an |
| 53 | equine when such rider is: |
| 54 | (a) Practicing for or competing or performing in shows |
| 55 | or events, including, but not limited to, rodeos and parades, |
| 56 | where helmets are not historically a part of the show or |
| 57 | event; |
| 58 | (b) Riding on privately owned land even if the land is |
| 59 | occasionally separated by a public road or right of way that |
| 60 | must be crossed; or |
| 61 | (c) Engaged in any agricultural practice or pursuit. |
| 62 | Section 4. This act shall take effect October 1, 2008. |