Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (752270) for SB's 886 & 2268
       
       
       
       
       
       
                                Barcode 854286                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Constantine) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (g) of subsection (1) and subsection
    6  (3) of section 549.09, Florida Statutes, is amended to read:
    7         549.09 Motorsport nonspectator liability release.—
    8         (1) As used in this section:
    9         (g) “Nonspectators” means event participants who have
   10  signed a motorsport liability release and an event participant
   11  who is a minor, if the minor’s natural guardian has signed a
   12  motorsport liability release.
   13         (3)(a) A motorsport liability release may be signed by more
   14  than one person if so long as the release form appears on each
   15  page, or side of a page, which is signed. A motorsport liability
   16  release shall be printed in 8 point type or larger.
   17         (b)A motorsport liability release signed by a natural
   18  guardian on behalf of the natural guardian’s minor child is
   19  valid to the extent provided in this section.
   20         Section 2. Subsection (2) of section 744.301, Florida
   21  Statutes, is amended to read:
   22         744.301 Natural guardians.—
   23         (2)(a) Natural guardians are authorized, on behalf of any
   24  of their minor children, to:
   25         1.(a) Settle and consummate a settlement of any claim or
   26  cause of action accruing to any of their minor children for
   27  damages to the person or property of any of said minor children;
   28         2.(b) Collect, receive, manage, and dispose of the proceeds
   29  of any such settlement;
   30         3.(c) Collect, receive, manage, and dispose of any real or
   31  personal property distributed from an estate or trust;
   32         4.(d) 
   33         5.(e) Collect, receive, manage, dispose of, and make
   34  elections regarding the proceeds of any benefit plan as defined
   35  by s. 710.102, of which the minor is a beneficiary, participant,
   36  or owner,
   37  
   38         without appointment, authority, or bond, when the amounts
   39  received, in the aggregate, do not exceed $15,000.
   40         (b)In addition to the authority granted in paragraph (a),
   41  a natural guardian is authorized, on behalf of the natural
   42  guardian’s minor child, to waive or release, in advance, any
   43  claim or cause of action for negligence or for the inherent
   44  risks involved in an activity which would accrue to the natural
   45  guardian’s minor child.
   46         1.No such waiver or release signed on behalf of a minor
   47  child shall be effective with respect to any claim or cause of
   48  action based on acts or omissions constituting gross negligence,
   49  recklessness, willful and wanton conduct, or intentional acts on
   50  the part of the activity provider or its employees or agents. No
   51  such waiver or release shall relieve an activity provider or its
   52  employees or agents from liability for any claim or cause of
   53  action based upon criminal conduct in violation of state or
   54  federal law.
   55         2.Waivers and releases signed on behalf of a minor child
   56  must state the intention to be relieved from such liability in
   57  clear and unequivocal language such that an ordinary and
   58  knowledgeable party will know what he or she is contracting
   59  away. The execution of a waiver or release shall create a
   60  rebuttable presumption that an ordinary and knowledgeable person
   61  signing the document knew what he or she was contracting away. A
   62  showing in court by a preponderance of the evidence that the
   63  person signing the document did not understand what he or she
   64  was contracting away rebuts the presumption, and the waiver or
   65  release shall not be enforceable.
   66  
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72         An act relating to liability releases; amending s. 549.09,
   73  F.S.; revising the definition of the term “nonspectators” to
   74  include a minor on whose behalf a natural guardian has signed a
   75  motorsport liability release; providing that a motorsport
   76  liability release signed by a natural guardian on behalf of a
   77  minor is valid; amending s. 744.301, F.S.; authorizing natural
   78  guardians to waive and release, in advance, claims for
   79  negligence or inherent risks that would accrue to any of their
   80  minor children; providing exceptions; providing a rebuttable
   81  presumption that an ordinary and knowledgeable person signing
   82  the waiver or release knew what he or she was contracting away;
   83  providing an effective date.
   84