| 1 | A bill to be entitled |
| 2 | An act relating to equine activities; providing |
| 3 | legislative intent; creating s. 773.06, F.S.; defining the |
| 4 | term "equine"; requiring a child younger than a specified |
| 5 | age to wear a helmet when riding an equine in certain |
| 6 | locations; providing requirements for helmets; requiring a |
| 7 | person renting or leasing an equine for riding by a child |
| 8 | younger than a specified age to provide a helmet if the |
| 9 | child does not have a helmet; prohibiting a parent or |
| 10 | guardian of a child younger than a specified age from |
| 11 | authorizing or permitting the child to engage in certain |
| 12 | conduct; providing a penalty; 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. It is the intent of the Legislature to further |
| 18 | promote the safety, health, and welfare of children younger than |
| 19 | 16 years of age who engage in equestrian activities and |
| 20 | recreation in this state by enacting safety standards to |
| 21 | minimize the number of serious or fatal head injuries sustained |
| 22 | by children during equestrian activities and recreation. |
| 23 | Section 2. Section 773.06, Florida Statutes, is created to |
| 24 | read: |
| 25 | 773.06 Helmet requirements; penalties.-- |
| 26 | (1) As used in this section, the term "equine" has the |
| 27 | same meaning as provided in s. 773.01. |
| 28 | (2) A child who is younger than 16 years of age must wear |
| 29 | a helmet that meets the current applicable standards of the |
| 30 | American Society of Testing and Materials for protective |
| 31 | headgear used in horseback riding and that is properly fitted |
| 32 | and fastened securely upon the child's head by a strap when the |
| 33 | child is riding an equine upon: |
| 34 | (a) A public roadway or right-of-way; |
| 35 | (b) A public equestrian trail, public recreational trail, |
| 36 | public park or preserve, or public school site; or |
| 37 | (c) Any other publicly owned or controlled property. |
| 38 | (3) A trainer, instructor, supervisor, or other person may |
| 39 | not knowingly rent or lease an equine to be ridden by a child |
| 40 | younger than 16 years of age unless the child possesses a helmet |
| 41 | meeting the requirements of this section or the trainer, |
| 42 | instructor, supervisor, or other person renting or leasing the |
| 43 | equine supplies the child with a helmet meeting the standards of |
| 44 | this section. |
| 45 | (4) A parent or guardian of a child younger than 16 years |
| 46 | of age may not authorize or knowingly permit the child to |
| 47 | violate this section. |
| 48 | (5) A person who violates subsection (3) or subsection (4) |
| 49 | commits a noncriminal violation, punishable as provided in s. |
| 50 | 775.083. |
| 51 | (6) This section does not apply to a child younger than 16 |
| 52 | years of age who is riding an equine when the child is: |
| 53 | (a) Practicing for or competing or performing in shows or |
| 54 | events, including, but not limited to, rodeos and parades, where |
| 55 | helmets are not historically a part of the show or event; |
| 56 | (b) Riding on privately owned land even if the land is |
| 57 | occasionally separated by a public road or right-of-way that |
| 58 | must be crossed; or |
| 59 | (c) Engaged in an agricultural practice or pursuit. |
| 60 | Section 3. This act shall take effect October 1, 2009. |