Senate Bill 0820c1

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    Florida Senate - 1998                            CS for SB 820

    By the Committee on Community Affairs and Senator Kurth





    316-1965-98

  1                      A bill to be entitled

  2         An act relating to skateboarding, freestyle

  3         bicycling, and rollerblading activities;

  4         creating s. 316.0085, F.S.; providing

  5         legislative purpose; providing definitions;

  6         providing limitations on liability with respect

  7         to governmental entities and public employees

  8         with respect to persons who participate in

  9         skateboarding, rollerblading, or freestyle

10         bicycle riding activities on property owned or

11         leased by the governmental entity; providing

12         exceptions; providing for liability of

13         independent concessionaires or other persons or

14         organizations for certain injuries or damages;

15         providing for the assumption of certain risks;

16         providing for the effect of certain insurance;

17         providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 316.0085, Florida Statutes, is

22  created to read:

23         316.0085  Skateboarding; rollerblading; freestyle

24  bicycle riding; definitions; liability.--

25         (1)  The purpose of this section is to encourage

26  governmental owners or lessees of property to make land

27  available to the public for skateboarding, rollerblading, and

28  freestyle bicycle riding activities. It is recognized that

29  governmental owners or lessees of property have failed to make

30  property available for such activities because of the exposure

31  to liability from lawsuits and the prohibitive cost of

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    Florida Senate - 1998                            CS for SB 820
    316-1965-98




  1  insurance, if insurance can be obtained for such activities.

  2  It is also recognized that risks and dangers are inherent in

  3  these activities, which risks and dangers should be assumed by

  4  those participating in such activities.

  5         (2)  As used in this section, the term:

  6         (a)  "Governmental entity" means:

  7         1.  The United States, the State of Florida, any county

  8  or municipality, or any department, agency, or other

  9  instrumentality thereof; and

10         2.  Any school board, special district, authority or

11  other entity exercising governmental authority.

12         (b)  "Inherent risk" means those dangers or conditions

13  that are characteristic of, intrinsic to, or an integral part

14  of skateboarding, rollerblading, and freestyle bicycle riding.

15         (3)(a)  This section does not grant authority or

16  permission for a person to engage in skateboarding,

17  rollerblading, and freestyle bicycling activities on property

18  owned or controlled by a governmental entity unless such

19  governmental entity has specifically designated such area for

20  skateboarding, rollerblading, and freestyle bicycling

21  activities.

22         (b)  No governmental entity or public employee shall be

23  liable to any person who participates in skateboarding,

24  rollerblading, or freestyle bicycle riding, any person who

25  assists the participant, or any spectator who was voluntarily

26  in the place of risk or, having the ability to do so, failed

27  to leave, for any damage or injury to property or persons

28  arising out of any skateboarding, rollerblading, or freestyle

29  bicycle riding activity which takes place in an area

30  designated for such activity.

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    Florida Senate - 1998                            CS for SB 820
    316-1965-98




  1         (4)  This section does not limit liability which would

  2  otherwise exist for any of the following:

  3         (a)  The failure of the governmental entity or public

  4  employee to guard against or warn of a dangerous condition of

  5  which he or she has actual or constructive notice and of which

  6  a participant does not and cannot reasonably be expected to

  7  have notice.

  8         (b)  An act of gross negligence by the governmental

  9  entity or public employee that is the proximate cause of the

10  injury.

11         (c)  As to children under 17 years of age, if a

12  governmental entity that provides a designated area for

13  skateboarding, rollerblading, or freestyle bicycle riding

14  fails to obtain the written consent, in a form acceptable to

15  the governmental entity, from the parents or legal guardians

16  of any child under 17 years of age before authorizing such

17  child or children to participate in skateboarding,

18  rollerblading, or freestyle bicycle riding in such designated

19  area.

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21  Nothing in this subsection creates a duty of care or basis of

22  liability for death, personal injury, or damage to personal

23  property. Nothing in this section shall be deemed to be a

24  waiver of sovereign immunity under any circumstances.

25         (5)  Nothing in this section shall limit the liability

26  of an independent concessionaire, or any person or

27  organization other than a governmental entity or public

28  employee, whether or not the person or organization has a

29  contractual relationship with a governmental entity to use the

30  public property, for injuries or damages suffered in any case

31  as a result of the operation of skateboards, rollerblades, or

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    Florida Senate - 1998                            CS for SB 820
    316-1965-98




  1  freestyle bicycles on public property by the concessionaire,

  2  person, or organization.

  3         (6)(a)  Any person who participates in, assists in, or

  4  observes skateboarding, rollerblading, or freestyle bicycle

  5  riding assumes the known and unknown inherent risks in these

  6  activities irrespective of their age, and is legally

  7  responsible for all damages, injury or death to himself,

  8  herself, or other persons or property which result from these

  9  activities. No governmental entity which sponsors, allows, or

10  permits skateboarding, rollerblading, or freestyle bicycle

11  riding on property owned or leased by it is required to

12  eliminate, alter, or control the inherent risks in these

13  activities.

14         (b)  While engaged in skateboarding, rollerblading, or

15  freestyle bicycle riding, irrespective of where such

16  activities occur, a participant is responsible for doing all

17  of the following:

18         1.  Acting within the limits of his or her ability and

19  the purpose and design of the equipment used.

20         2.  Maintaining control of his or her person and the

21  equipment used.

22         3.  Refraining from acting in any manner which may

23  cause or contribute to the death of or injury to himself,

24  herself, or other persons.

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26  Failure to comply with the requirements of this paragraph

27  shall constitute negligence.

28         (7)  The fact that a governmental entity carries

29  insurance which covers any act described in this section shall

30  not constitute a waiver of the protections set forth in this

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    Florida Senate - 1998                            CS for SB 820
    316-1965-98




  1  section, regardless of the existence or limits of such

  2  coverage.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 820

  8

  9  Expands the bill to apply to freestyle bicycle riding
    activities, in addition to skateboarding and rollerblading;
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    Clarifies that the bill does not grant authority to engage in
11  these activities on government owned or controlled property
    unless the governmental entity has specifically designated an
12  area for those activities; and

13  Provides that the limitation on liability applies to
    activities taking place within an area designated by the
14  governmental entity for those activities.

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