| 1 | A bill to be entitled |
| 2 | An act relating to equine activities; providing a short |
| 3 | title; providing legislative intent; creating s. 773.06, |
| 4 | F.S.; defining the term "equine"; requiring a child |
| 5 | younger than a specified age to wear a helmet when riding |
| 6 | an equine in certain locations; providing requirements for |
| 7 | helmets; requiring a person renting or leasing an equine |
| 8 | for riding by a child younger than a specified age to |
| 9 | provide a helmet if the child does not have a helmet; |
| 10 | prohibiting a parent or guardian of a child younger than a |
| 11 | specified age from authorizing or permitting the child to |
| 12 | engage in certain conduct; providing a penalty; providing |
| 13 | exceptions; providing an effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. This act may be cited as "Nicole's Law." |
| 18 | Section 2. It is the intent of the Legislature to further |
| 19 | promote the safety, health, and welfare of children younger than |
| 20 | 16 years of age who engage in equestrian activities and |
| 21 | recreation in this state by enacting safety standards to |
| 22 | minimize the number of serious or fatal head injuries sustained |
| 23 | by children during equestrian activities and recreation. |
| 24 | Section 3. Section 773.06, Florida Statutes, is created to |
| 25 | read: |
| 26 | 773.06 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) A child who is younger than 16 years of age must wear |
| 30 | a helmet that meets the current applicable standards of the |
| 31 | American Society of Testing and Materials 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 the |
| 34 | child is riding an equine upon: |
| 35 | (a) A public roadway or right-of-way; |
| 36 | (b) A public equestrian trail, public recreational trail, |
| 37 | public park or preserve, or public school site; or |
| 38 | (c) Any other publicly owned or controlled property. |
| 39 | (3) A trainer, instructor, supervisor, or other person may |
| 40 | not knowingly rent or lease an equine to be ridden by a child |
| 41 | younger than 16 years of age unless the child possesses a helmet |
| 42 | meeting the requirements of this section or the trainer, |
| 43 | instructor, supervisor, or other person renting or leasing the |
| 44 | equine supplies the child with a helmet meeting the standards of |
| 45 | this section. |
| 46 | (4) A parent or guardian of a child younger than 16 years |
| 47 | of age may not authorize or knowingly permit the child to |
| 48 | violate this section. |
| 49 | (5) A person who violates subsection (3) or subsection (4) |
| 50 | commits a noncriminal violation, punishable as provided in s. |
| 51 | 775.083. |
| 52 | (6) This section does not apply to a child younger than 16 |
| 53 | years of age who is riding an equine when the child is: |
| 54 | (a) Practicing for, riding to or from, or competing or |
| 55 | performing in shows or events, including, but not limited to, |
| 56 | rodeos and parades, where helmets are not historically a part of |
| 57 | the show or 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 an agricultural practice or pursuit. |
| 62 | Section 4. This act shall take effect October 1, 2009. |