Florida Senate - 2009                                      SB 68
       
       
       
       By Senator Aronberg
       
       
       
       
       27-00013-09                                             200968__
    1                        A bill to be entitled                      
    2         An act relating to equine activities; providing a
    3         short title; providing legislative intent; defining
    4         the term “equine”; requiring a child younger than a
    5         specified age to wear a helmet when riding an equine
    6         in certain locations; providing requirements for
    7         helmets; requiring a person renting or leasing an
    8         equine for riding by a child younger than a specified
    9         age to provide a helmet if the child does not have a
   10         helmet; prohibiting a parent or guardian of a child
   11         younger than a specified age from authorizing or
   12         permitting the child to engage in certain conduct;
   13         providing a penalty; providing exceptions; providing
   14         an effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. This act may be cited as the “Nicole Hornstein
   19  Act.”
   20         Section 2. It is the intent of the Legislature to further
   21  promote the safety, health, and welfare of children younger than
   22  16 years of age who engage in equestrian activities and
   23  recreation in this state by enacting safety standards to
   24  minimize the number of serious or fatal head injuries sustained
   25  by children during equestrian activities and recreation.
   26         Section 3. Helmet requirements; penalties.—
   27         (1) As used in this section, the term “equine” has the same
   28  meaning as provided in s. 773.01, Florida Statutes.
   29         (2) A child who is younger than 16 years of age must wear a
   30  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, right-of-way, or an area immediately
   36  adjacent to a public roadway or right-of-way;
   37         (b) A public equestrian trail, public recreational trail,
   38  public park or preserve, or public school site; or
   39         (c) Any other publicly owned or controlled property.
   40         (3) A trainer, instructor, supervisor, or other person may
   41  not knowingly rent or lease an equine to be ridden by a child
   42  younger than 16 years of age unless the child possesses a helmet
   43  meeting the requirements of this section or the trainer,
   44  instructor, supervisor, or other person renting or leasing the
   45  equine supplies the child with a helmet meeting the standards of
   46  this section.
   47         (4) A parent or guardian of a child younger than 16 years
   48  of age may not authorize or knowingly permit the child to
   49  violate this section.
   50         (5) A person who violates subsection (3) or subsection (4)
   51  commits a noncriminal violation, punishable as provided in s.
   52  775.083, Florida Statutes.
   53         (6) This section does not apply to a child younger than 16
   54  years of age who is riding an equine when the child is:
   55         (a) Competing or performing during a show or event in which
   56  he or she is registered as a competitor or participant;
   57         (b) Riding on privately owned land; or
   58         (c) Engaged in an agricultural practice or pursuit.
   59         Section 4. This act shall take effect October 1, 2009.