Florida Senate - 2015                                     SB 408
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00489-15                                            2015408__
    1                        A bill to be entitled                      
    2         An act relating to designated areas for skateboarding,
    3         inline skating, paintball, or freestyle or mountain
    4         and off-roading bicycling; amending s. 316.0085, F.S.;
    5         deleting the requirement that a governmental entity
    6         that provides a designated area for skateboarding,
    7         inline skating, or freestyle bicycling obtain the
    8         written consent of the parent or legal guardian of a
    9         child under a certain age before allowing the child to
   10         participate in these activities in such area;
   11         requiring the governmental entity to post a rule
   12         indicating that consent forms are required for
   13         children under a certain age before participation in
   14         paintball or mountain and off-road bicycling;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (3) and paragraph (c) of subsection
   20  (5) of section 316.0085, Florida Statutes, are amended to read:
   21         316.0085 Skateboarding; inline skating; freestyle or
   22  mountain and off-road bicycling; paintball; definitions;
   23  liability.—
   24         (3)(a) This section does not grant authority or permission
   25  for a person to engage in skateboarding, inline skating,
   26  paintball, or freestyle or mountain and off-road bicycling on
   27  property owned or controlled by a governmental entity unless
   28  such governmental entity has specifically designated such area
   29  for skateboarding, inline skating, paintball, or freestyle or
   30  mountain and off-road bicycling. Each governmental entity shall
   31  post a rule in each specifically designated area that identifies
   32  all authorized activities.
   33         (b) Each governmental entity shall post a rule in each
   34  specifically designated area for paintball or mountain and off
   35  road bicycling which and indicates that a child under 17 years
   36  of age may not engage in such any of those activities until the
   37  governmental entity has obtained written consent, in a form
   38  acceptable to the governmental entity, from the child’s parent
   39  or legal guardian parents or legal guardians.
   40         (5) This section does not limit liability that would
   41  otherwise exist for any of the following:
   42         (c) The failure of a governmental entity that provides a
   43  designated area for skateboarding, inline skating, paintball, or
   44  freestyle or mountain and off-road bicycling to obtain the
   45  written consent, in a form acceptable to the governmental
   46  entity, from the parents or legal guardians of any child under
   47  17 years of age before allowing authorizing such child to
   48  participate in skateboarding, inline skating, paintball, or
   49  freestyle or mountain and off-road bicycling in such designated
   50  area, unless that child’s participation is in violation of
   51  posted rules governing the authorized use of the designated
   52  area, except that a parent or legal guardian must demonstrate
   53  that written consent to engage in mountain or off-road bicycling
   54  in a designated area was provided to the governmental entity
   55  before entering the designated area.
   56  
   57  Nothing in this subsection creates a duty of care or basis of
   58  liability for death, personal injury, or damage to personal
   59  property. Nothing in this section shall be deemed to be a waiver
   60  of sovereign immunity under any circumstances.
   61         Section 2. This act shall take effect July 1, 2015.