SB 68                                            First Engrossed
       
       
       
       
       
       
       
       
       200968e1
       
    1                        A bill to be entitled                      
    2         An act relating to equine activities; providing a
    3         short title; providing legislative intent; creating s.
    4         773.06, F.S.; defining the term “equine”; requiring a
    5         child younger than a specified age to wear a helmet
    6         when riding an equine in certain locations; providing
    7         requirements for helmets; requiring a person renting
    8         or leasing an equine for riding by a child younger
    9         than a specified age to provide a helmet if the child
   10         does not have a helmet; prohibiting a parent or
   11         guardian of a child younger than a specified age from
   12         authorizing or permitting the child to engage in
   13         certain conduct; providing a penalty; providing
   14         exceptions; providing 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. Section 773.06, Florida Statutes, is created to
   27  read:
   28         773.06 Helmet requirements; penalties.—
   29         (1) As used in this section, the term “equine” has the same
   30  meaning as provided in s. 773.01, Florida Statutes.
   31         (2) A child who is younger than 16 years of age must wear a
   32  helmet that meets the current applicable standards of the
   33  American Society of Testing and Materials for protective
   34  headgear used in horseback riding and that is properly fitted
   35  and fastened securely upon the child’s head by a strap when the
   36  child is riding an equine upon:
   37         (a) A public roadway or right-of-way;
   38         (b) A public equestrian trail, public recreational trail,
   39  public park or preserve, or public school site; or
   40         (c) Any other publicly owned or controlled property.
   41         (3) A trainer, instructor, supervisor, or other person may
   42  not knowingly rent or lease an equine to be ridden by a child
   43  younger than 16 years of age unless the child possesses a helmet
   44  meeting the requirements of this section or the trainer,
   45  instructor, supervisor, or other person renting or leasing the
   46  equine supplies the child with a helmet meeting the standards of
   47  this section.
   48         (4) A parent or guardian of a child younger than 16 years
   49  of age may not authorize or knowingly permit the child to
   50  violate this section.
   51         (5) A person who violates subsection (3) or subsection (4)
   52  commits a noncriminal violation, punishable as provided in s.
   53  775.083, Florida Statutes.
   54         (6) This section does not apply to a child younger than 16
   55  years of age who is riding an equine when the child is:
   56         (a) Practicing for or competing or performing in shows or
   57  events, including, but not limited to, rodeos and parades, where
   58  helmets are not historically a part of the show or event;
   59         (b) Riding on privately owned land even if the land is
   60  occasionally separated by a public road or right-of-way that
   61  must be crossed; or
   62         (c) Engaged in an agricultural practice or pursuit.
   63         Section 4. This act shall take effect October 1, 2009.