CS/HB 285

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 intentional misconduct committed
12	against the minor child; providing that such waiver and
13	release shall not relieve a party of liability for gross
14	negligence against a minor child; specifying circumstances
15	under which an employer, principal, corporation, or other
16	legal entity may be liable for injuries sustained by a
17	minor child by conduct of an employee or agent; providing
18	an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (g) of subsection (1) and subsection
23	(3) of section 549.09, Florida Statutes, are amended to read:
24	549.09  Motorsport nonspectator liability release.-
25	(1)  As used in this section:
26	(g)  "Nonspectators" means event participants who have
27	signed a motorsport liability release, including a minor if the
28	minor's parent or guardian has also signed the release.
29	(3)(a)  A motorsport liability release may be signed by
30	more than one person if so long as the release form appears on
31	each page, or side of a page, which is signed. A motorsport
32	liability release shall be printed in 8 point type or larger.
33	(b)  A release signed by a minor is valid if the release is
34	also signed by the minor's parent or guardian.
35	Section 2.  Subsection (2) of section 744.301, Florida
36	Statutes, is amended to read:
37	744.301  Natural guardians.-
38	(2)(a)  Natural guardians are authorized, on behalf of any
39	of their minor children, to:
40	1.(a)  Settle and consummate a settlement of any claim or
41	cause of action accruing to any of their minor children for
42	damages to the person or property of any of said minor children;
43	2.(b)  Collect, receive, manage, and dispose of the
44	proceeds of any such settlement;
45	3.(c)  Collect, receive, manage, and dispose of any real or
46	personal property distributed from an estate or trust;
47	4.(d)  Collect, receive, manage, and dispose of and make
48	elections regarding the proceeds from a life insurance policy or
49	annuity contract payable to, or otherwise accruing to the
50	benefit of, the child; and
51	5.(e)  Collect, receive, manage, dispose of, and make
52	elections regarding the proceeds of any benefit plan as defined
53	by s. 710.102, of which the minor is a beneficiary, participant,
54	or owner,
55
56	without appointment, authority, or bond, when the amounts
57	received, in the aggregate, do not exceed $15,000.
58	(b)  In addition to the authority granted in paragraph (a),
59	natural guardians are authorized, on behalf of any of their
60	minor children, to waive and release, in advance, any claim or
61	cause of action that would accrue to any of their minor children
62	to the same extent that any adult may do so on his or her own
63	behalf.
64	1.  No waiver and release under this paragraph shall
65	relieve a released party of liability for injuries sustained by
66	a minor child for the released party's intentional misconduct,
67	including any act of sexual misconduct committed against the
68	minor child. As used in this paragraph, the term "intentional
69	misconduct" means that the released party had actual knowledge
70	of the wrongfulness of the conduct and the high probability that
71	injury to the minor child would result and, despite that
72	knowledge, pursued a course of conduct resulting in injury.
73	2.  No waiver and release under this paragraph shall
74	relieve a released party of liability for injuries sustained by
75	a minor child for the released party's gross negligence if such
76	gross negligence is established by clear and convincing
77	evidence. As used in this paragraph, the term "gross negligence"
78	means conduct by act or omission so reckless or wanting in care
79	that it constituted a conscious disregard or indifference to the
80	life or safety of the minor child. In any civil action, no claim
81	or cause of action under this subparagraph shall be permitted
82	unless there is, along with the initial pleading, a reasonable
83	showing by evidence in the record or proffered by the claimant
84	that would provide a reasonable basis for stating a cause of
85	action for gross negligence.
86	3.  Liability that has been established for injuries
87	sustained by a minor child under the circumstances described in
88	subparagraph 1. or subparagraph 2. may not be imposed against an
89	employer, principal, corporation, or other legal entity for the
90	conduct of its employee or agent unless the claimant
91	establishes, by clear and convincing evidence, that:
92	a.  The employer, principal, corporation, or other legal
93	entity actively and knowingly participated in the employee's or
94	agent's conduct;
95	b.  The officers or directors of the employer, principal,
96	corporation, or other legal entity knowingly condoned, ratified,
97	or consented to the employee's or agent's conduct; or
98	c.  The employer, principal, corporation, or other legal
99	entity engaged in conduct that constituted intentional
100	misconduct or gross negligence and contributed to the injuries
101	suffered by the minor child.
102	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.