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A bill to be entitled

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An act relating to equine activities; providing a short

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title; providing legislative intent; creating s. 773.11,

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F.S.; defining the term "equine"; requiring certain minors

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to wear helmets when riding equines in certain locations;

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providing requirements for helmets; requiring persons

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renting or leasing equines for riding by a minor under a

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specified age to provide a helmet if the minor does not

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have a helmet; prohibiting a parent or guardian of a minor

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under a specified age from authorizing or permitting a

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minor to engage in certain conduct; providing criminal

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penalties; providing exceptions; providing an effective

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date.

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

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

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Act."

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

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promote the safety, health, and welfare of minors engaged in

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equestrian activities and recreation throughout the state by

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enacting safety standards to minimize the number of serious or

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fatal head injuries sustained by minors during equestrian

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activities and recreation.

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     Section 3.  Section 773.11, Florida Statutes, is created to

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read:

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     773.11 Helmet requirements; penalties.--

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

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meaning as provided in s. 773.01.

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     (2) A child who is younger than 16 years of age must wear a

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helmet that meets the current applicable standards of the

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American Society of Testing and Materials for protective headgear

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used in horseback riding and that is properly fitted and fastened

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

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riding an equine upon any of the following:

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

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

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     (b) A public equestrian trail, public recreational trail,

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public park and preserve, or public school site; or

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     (c) Any other publicly owned or controlled property.

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     (3) A trainer, instructor, supervisor, or other person may

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not knowingly rent or lease an equine to be ridden by a child

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younger than 16 years of age unless the child possesses a helmet

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meeting the requirements of this section or the trainer,

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instructor, supervisor, or other person renting or leasing the

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equine supplies the child with a helmet meeting the standards of

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this section.

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     (4) A parent or guardian of a child younger than 16 years

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of age may not authorize or knowingly permit the child to violate

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this section.

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     (5) Any person violating any provision of this section

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commits a misdemeanor of the third degree, punishable as provided

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in s. 775.082 or s. 775.083.

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

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when the minor is:

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     (a) Competing or performing during a show or event in which

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he or she is registered as a competitor or participant;

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     (b) Riding on privately owned land; or

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     (c) Engaged in an agricultural practice or pursuit.

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     Section 4.  This act shall take effect October 1, 2008.