CS/CS/HB 285

1	A bill to be entitled
2	An act relating to liability releases; amending s. 549.09,
3	F.S.; redefining the term "nonspectators" to include a
4	minor on whose behalf a natural guardian has signed a
5	motorsport liability release; providing that a motorsport
6	liability release signed by a natural guardian on behalf
7	of a minor participating in a sanctioned motorsports event
8	is valid to the same extent as for other nonspectators;
9	limiting the validity of a waiver or release signed by a
10	natural guardian on behalf of a minor participating in an
11	activity at a closed-course motorsport facility other than
12	a sanctioned motorsports event; amending s. 744.301, F.S.;
13	authorizing natural guardians to waive, in advance, claims
14	for injuries and property damage arising from risks
15	inherent in a commercial activity; defining the term
16	"inherent risk"; providing a statement that must be
17	included in the waiver; creating a rebuttable presumption
18	that a waiver is valid and that the injury arose from the
19	inherent risk involved in the activity; providing the
20	requirements and standard of evidence for overcoming the
21	presumption; authorizing natural guardians to waive, in
22	advance, any claim against a noncommercial provider to the
23	extent allowed by common law; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (g) of subsection (1) and subsection
28	(3) of section 549.09, Florida Statutes, are amended to read:
29	549.09  Motorsport nonspectator liability release.-
30	(1)  As used in this section:
31	(g)  "Nonspectator" "Nonspectators" means an event
32	participant participants who has have signed a motorsport
33	liability release or, in the case of a minor, whose natural
34	guardian has signed a motorsport liability release on behalf of
35	the minor.
36	(3)(a)  A motorsport liability release may be signed by
37	more than one person if so long as the release form appears on
38	each page, or side of a page, which is signed. A motorsport
39	liability release must shall be printed in 8 point type or
40	larger.
41	(b)1.  If a minor is participating in a motorsports event
42	as defined in s. 549.10, the motorsport liability release must
43	comply with the requirements of this section and is valid to the
44	same extent provided for other nonspectators under this section.
45	2.  If a minor is participating in an activity at a closed-
46	course motorsport facility, other than a motorsports event as
47	defined in s. 549.10, a waiver or release must comply with the
48	requirements in s. 744.301(3) and is valid only to the extent,
49	and subject to the presumptions, provided in that subsection.
50	Section 2.  Subsection (3) of section 744.301, Florida
51	Statutes, is redesignated as subsection (4) and amended, and a
52	new subsection (3) is added to that section, to read:
53	744.301  Natural guardians.-
54	(3)  In addition to the authority granted in subsection
55	(2), natural guardians are authorized, on behalf of any of their
56	minor children, to waive and release, in advance, any claim or
57	cause of action against a commercial activity provider or its
58	owners, affiliates, employees, or agents which would accrue to a
59	minor child for personal injury, including death, and property
60	damage resulting from an inherent risk in the activity.
61	(a)  As used in this subsection, the term "inherent risk"
62	means those dangers or conditions, known or unknown, which are
63	characteristic of, intrinsic to, or an integral part of the
64	activity and which are not eliminated even if the activity
65	provider acts with due care in a reasonably prudent manner. The
66	term includes, but is not limited to:
67	1.  The failure by the activity provider to warn the
68	natural guardian or minor child of an inherent risk; and
69	2.  The risk that the minor child or another participant in
70	the activity may act in a negligent or intentional manner and
71	contribute to the injury or death of the minor child. As used in
72	this subparagraph, the term "participant" does not include the
73	activity provider or its owners, affiliates, employees, or
74	agents.
75	(b)  To be enforceable, a waiver or release executed under
76	this subsection must, at a minimum, include the following
77	statement in uppercase type that is at least 5 points larger
78	than, and clearly distinguishable from, the rest of the text of
79	the waiver or release:
80
81	NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
82
83	READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET
84	YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU
85	ARE AGREEING THAT, EVEN IF (...name of released party or
86	parties...) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY,
87	THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED
88	BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN
89	DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR
90	ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S
91	RIGHT AND YOUR RIGHT TO RECOVER FROM (...name of released party
92	or parties...) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING
93	DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM
94	THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE
95	RIGHT TO REFUSE TO SIGN THIS FORM, AND (...name of released
96	party or parties...) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD
97	PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
98
99	(c)  If a waiver or release complies with paragraph (b) and
100	waives no more than allowed under this subsection, there is a
101	rebuttable presumption that the waiver or release is valid and
102	that any injury or damage to the minor child arose from the
103	inherent risk involved in the activity.
104	1.  To rebut the presumption that the waiver or release is
105	valid, a claimant must demonstrate by a preponderance of the
106	evidence that the waiver or release does not comply with this
107	subsection.
108	2.  To rebut the presumption that the injury or damage to
109	the minor child arose from an inherent risk involved in the
110	activity, a claimant must demonstrate by clear and convincing
111	evidence that the conduct, condition, or other cause resulting
112	in the injury or damage was not an inherent risk of the
113	activity.
114	3.  If a presumption under this paragraph is rebutted,
115	liability and compensatory damages must be established by a
116	preponderance of the evidence.
117	(d)  Nothing in this subsection limits the ability of
118	natural guardians, on behalf of any of their minor children, to
119	waive and release, in advance, any claim or cause of action
120	against a noncommercial activity provider, or its owners,
121	affiliates, employees, or agents, to the extent authorized by
122	common law.
123	(4)(3)  All instruments executed by a natural guardian for
124	the benefit of the ward under the powers specified in this
125	section are subsection (2) shall be binding on the ward. The
126	natural guardian may not, without a court order, use the
127	property of the ward for the guardian's benefit or to satisfy
128	the guardian's support obligation to the ward.
129	Section 3.  This act shall take effect upon becoming a law.

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