CODING: Words stricken are deletions; words underlined are additions.
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Senator Dudley moved the following amendment:
SENATE AMENDMENT
Bill No. CS for CS for SB 820
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Dudley moved the following amendment:
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13 Senate Amendment
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 316.0085, Florida Statutes, is
18 created to read:
19 316.0085 Skateboarding; rollerblading; freestyle
20 bicycle riding; definitions; liability.--
21 (1) The purpose of this section is to encourage
22 governmental owners or lessees of property to make land
23 available to the public for skateboarding, rollerblading, and
24 freestyle bicycle riding activities.
25 (2) As used in this section, the term:
26 (a) "Governmental entity" means:
27 1. The United States, the State of Florida, any county
28 or municipality, or any department, agency, or other
29 instrumentality thereof; and
30 2. Any school board, special district, authority, or
31 other entity exercising governmental authority.
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SENATE AMENDMENT
Bill No. CS for CS for SB 820
Amendment No.
1 (b) "Inherent risk" means those dangers or conditions
2 that are characteristic of, intrinsic to, or an integral part
3 of skateboarding, rollerblading, and freestyle bicycle riding
4 and that are unrelated to the condition of the property where
5 skateboarding, rollerblading, and freestyle bicycle riding
6 takes place.
7 (3) This section does not grant authority or
8 permission for a person to engage in skateboarding,
9 rollerblading, or freestyle bicycling activities on property
10 owned or controlled by a governmental entity unless such
11 governmental entity has specifically designated such area for
12 skateboarding, rollerblading, and freestyle bicycling
13 activities.
14 (4) No governmental entity or public employee shall be
15 liable to any person who participates in skateboarding,
16 rollerblading, or freestyle bicycle riding for damages or
17 injuries which arise from the inherent risk associated with
18 such sports and not due to a dangerous condition of the
19 property or to negligency on the part of the governmental
20 entity or public employee.
21 (5) This section does not limit liability that would
22 otherwise exist for any of the following:
23 (a) The failure of the governmental entity or public
24 employee to guard against or warn of a dangerous condition of
25 which he or she has actual or constructive notice and of which
26 a participant does not and cannot reasonably be expected to
27 have notice.
28 (b) An act of negligence by the governmental entity or
29 public employee which is the proximate cause of the injury.
30 (c) As to children under 17 years of age, if a
31 governmental entity that provides a designated area for
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SENATE AMENDMENT
Bill No. CS for CS for SB 820
Amendment No.
1 skateboarding, rollerblading, or freestyle bicycle riding
2 fails to obtain the written consent, in a form acceptable to
3 the governmental entity, from the parents or legal guardians
4 of any child under 17 years of age before authorizing such
5 child or children to participate in skateboarding,
6 rollerblading, or freestyle bicycle riding in such designated
7 area.
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9 Nothing in this subsection creates a duty of care or basis of
10 liability for death, personal injury, or damage to personal
11 property. Nothing in this section shall be deemed to be a
12 waiver of sovereign immunity under any circumstances.
13 (6) Nothing in this section shall limit the liability
14 of an independent concessionaire, or any person or
15 organization other than a governmental entity or public
16 employee, whether or not the person or organization has a
17 contractual relationship with a governmental entity to use the
18 public property, for injuries or damages suffered in any case
19 as a result of the operation of skateboards, rollerblades, or
20 freestyle bicycles on public property by the concessionaire,
21 person, or organization.
22 (7)(a) Any person who participates in, assists in, or
23 observes skateboarding, rollerblading, or freestyle bicycle
24 riding assumes the inherent risks in these activities
25 irrespective of his or her age and is legally responsible for
26 all damages, injury, or death to himself, herself, or other
27 persons or property which result from the inherent risks of
28 these activities. No governmental entity that sponsors,
29 allows, or permits skateboarding, rollerblading, or freestyle
30 bicycle riding on property owned or leased by it is required
31 to eliminate, alter, or control the inherent risks in these
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SENATE AMENDMENT
Bill No. CS for CS for SB 820
Amendment No.
1 activities.
2 (b) While engaged in skateboarding, rollerblading, or
3 freestyle bicycle riding, irrespective of where such
4 activities occur, a participant is responsible for doing all
5 of the following:
6 1. Acting within the limits of his or her ability and
7 the purpose and design of the equipment used.
8 2. Maintaining control of his or her person and the
9 equipment used.
10 3. Refraining from acting in any manner that may cause
11 or contribute to the death of or injury to himself, herself,
12 or other persons.
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14 Failure to comply with the requirements of this paragraph
15 constitutes negligence.
16 (8) The fact that a governmental entity carries
17 insurance that covers any act described in this section does
18 not constitute a waiver of the protections set forth in this
19 section, regardless of the existence or limits of such
20 coverage.
21 Section 2. This act shall take effect upon becoming a
22 law.
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