| 1 | Representative Ambler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 40-54 and insert: |
| 5 | (b) In addition to the authority granted in paragraph (a), |
| 6 | natural guardians are authorized, on behalf of any of their |
| 7 | minor children, to waive and release, in advance, any claim or |
| 8 | cause of action against an activity provider and its employees |
| 9 | for the inherent risks involved in any activity; however, any |
| 10 | waiver or release by a natural guardian on behalf of any of his |
| 11 | or her minor children does not grant civil immunity to any |
| 12 | person or entity whose negligence, gross negligence, or |
| 13 | intentional conduct causes injury to a minor child sustained in |
| 14 | the course of an activity. As used in this section, the term |
| 15 | "negligence" means doing something that a reasonably careful |
| 16 | person would not do under like circumstances or failing to do |
| 17 | something that a reasonably careful person would do under like |
| 18 | circumstances. Waivers and releases under this subsection are |
| 19 | disfavored and must be strictly construed against a party |
| 20 | claiming to be relieved of liability due to such a waiver and |
| 21 | release. Such waivers and releases are enforceable only where |
| 22 | and to the extent that the intention to be relieved of liability |
| 23 | was made clear and unequivocal in the waiver and release and the |
| 24 | wording of the waiver and release was so clear and |
| 25 | understandable that an ordinary and knowledgeable person would |
| 26 | know what he or she would be contracting away. Nothing in this |
| 27 | paragraph shall be construed to relieve an activity provider or |
| 28 | its employees or agents from liability for any claim based on a |
| 29 | violation of state or federal law. |
| 30 | (c) Notwithstanding the authority granted in paragraph |
| 31 | (b), natural guardians are authorized, on behalf of any of their |
| 32 | minor children, to sign waivers or releases in accordance with |
| 33 | chapter 773, regarding equine, activities and s. 549.09, |
| 34 | regarding motor sport activities. |
| 35 |
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| 36 | ----------------------------------------------------- |
| 37 | T I T L E A M E N D M E N T |
| 38 | Remove lines 3-13 and insert: |
| 39 | 744.301, F.S.; authorizing natural guardians to waive, in |
| 40 | advance, the risks involved in any activity; providing |
| 41 | exceptions; providing that such waivers and releases are |
| 42 | disfavored and must be strictly construed against a party |
| 43 | claiming to be relieved of liability; providing readability |
| 44 | requirements for the wording of such waivers and releases; |
| 45 | providing that such a waiver and release may not be construed to |
| 46 | apply to claims based on a violation of state or federal law; |
| 47 | authorizing waivers and releases in accordance with ch. 773 and |
| 48 | s. 549.09, F.S.; providing an effective date. |