| 1 | A bill to be entitled |
| 2 | An act relating to parental authority; amending s. 549.09, |
| 3 | F.S.; providing that a motorsport liability release signed |
| 4 | by a minor is valid if the release is also signed by the |
| 5 | minor's parent or guardian; amending s. 744.301, F.S.; |
| 6 | authorizing natural guardians to waive and release, in |
| 7 | advance, any claim or cause of action that would accrue to |
| 8 | any of their minor children to the same extent that any |
| 9 | adult may do so on his or her own behalf; providing that |
| 10 | such waiver and release shall not relieve a party of |
| 11 | liability for any acts of sexual misconduct committed |
| 12 | against the minor child; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (g) of subsection (1) and subsection |
| 17 | (3) of section 549.09, Florida Statutes, are amended to read: |
| 18 | 549.09 Motorsport nonspectator liability release.-- |
| 19 | (1) As used in this section: |
| 20 | (g) "Nonspectators" means event participants who have |
| 21 | signed a motorsport liability release, including a minor if the |
| 22 | minor's parent or guardian has also signed the release. |
| 23 | (3)(a) A motorsport liability release may be signed by |
| 24 | more than one person if so long as the release form appears on |
| 25 | each page, or side of a page, which is signed. A motorsport |
| 26 | liability release shall be printed in 8 point type or larger. |
| 27 | (b) A release signed by a minor is valid if the release is |
| 28 | also signed by the minor's parent or guardian. |
| 29 | Section 2. Subsection (2) of section 744.301, Florida |
| 30 | Statutes, is amended to read: |
| 31 | 744.301 Natural guardians.-- |
| 32 | (2)(a) Natural guardians are authorized, on behalf of any |
| 33 | of their minor children, to: |
| 34 | 1.(a) Settle and consummate a settlement of any claim or |
| 35 | cause of action accruing to any of their minor children for |
| 36 | damages to the person or property of any of said minor children; |
| 37 | 2.(b) Collect, receive, manage, and dispose of the |
| 38 | proceeds of any such settlement; |
| 39 | 3.(c) Collect, receive, manage, and dispose of any real or |
| 40 | personal property distributed from an estate or trust; |
| 41 | 4.(d) Collect, receive, manage, and dispose of and make |
| 42 | elections regarding the proceeds from a life insurance policy or |
| 43 | annuity contract payable to, or otherwise accruing to the |
| 44 | benefit of, the child; and |
| 45 | 5.(e) Collect, receive, manage, dispose of, and make |
| 46 | elections regarding the proceeds of any benefit plan as defined |
| 47 | by s. 710.102, of which the minor is a beneficiary, participant, |
| 48 | or owner, |
| 49 |
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| 50 | without appointment, authority, or bond, when the amounts |
| 51 | received, in the aggregate, do not exceed $15,000. |
| 52 | (b) In addition to the authority granted in paragraph (a), |
| 53 | natural guardians are authorized, on behalf of any of their |
| 54 | minor children, to waive and release, in advance, any claim or |
| 55 | cause of action that would accrue to any of their minor children |
| 56 | to the same extent that any adult may do so on his or her own |
| 57 | behalf. No such waiver and release, however, shall relieve a |
| 58 | released party of liability for any acts of sexual misconduct |
| 59 | committed against the minor child. |
| 60 | Section 3. This act shall take effect July 1, 2010. |