Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (752270) for SB's 886 & 2268
       
       
       
       
       
       
                                Barcode 234580                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Baker) recommended the following:
       
    1         Senate Substitute for Amendment (168024) (with title
    2  amendment)
    3  
    4         Delete lines 54 - 60
    5  and insert:
    6         (b) In addition to the authority granted in paragraph (a),
    7  natural guardians, on behalf of any of their minor children, may
    8  waive and release, in advance, any claim or cause of action that
    9  would accrue to any of their minor children to the same extent
   10  that an adult may do so on his or her own behalf. A waiver and
   11  release authorized under this paragraph is disfavored and must
   12  be strictly construed against a party claiming to be relieved of
   13  liability due to the waiver and release. Such waiver and release
   14  is enforceable only if the intention to be relieved of liability
   15  is stated clearly and unequivocally in the waiver and release,
   16  and in a manner that an ordinary and knowledgeable person would
   17  know what he or she is contracting away. This paragraph does not
   18  authorize a waiver and release for illegal acts.
   19  
   20  ================= T I T L E  A M E N D M E N T ================
   21         And the title is amended as follows:
   22         Delete line 11
   23  and insert:
   24  behalf; providing for such a waiver and release to be strictly
   25  construed against the party claiming relief from liability;
   26  providing for enforceability; providing that illegal acts may
   27  not be waived and released under these provisions; providing an
   28  effective date.