Senate Bill sb1790

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    Florida Senate - 2004                                  SB 1790

    By Senator Posey





    24-1417-04

  1                      A bill to be entitled

  2         An act relating to exemptions from liability

  3         for governmental property owners or lessees and

  4         public employees; amending s. 316.0085, F.S.;

  5         including the game of paintball in the

  6         exemption from liability granted to

  7         governmental property owners or lessees and

  8         public employees; providing for liability of

  9         independent concessionaires or other persons or

10         organizations for certain injuries or damages;

11         providing for the assumption of certain risks;

12         providing requirements for participants in the

13         game of paintball; providing an effective date.

14  

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

16  

17         Section 1.  Section 316.0085, Florida Statutes, is

18  amended to read:

19         316.0085  Skateboarding; inline skating; freestyle

20  bicycling; paintball; 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, inline skating,

24  paintball, and freestyle bicycling. It is recognized that

25  governmental owners or lessees of property have failed to make

26  property available for such activities because of the exposure

27  to liability from lawsuits and the prohibitive cost of

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

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

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

31  those participating in such activities.

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    Florida Senate - 2004                                  SB 1790
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 1         (2)  As used in this section, the term:

 2         (a)  "Governmental entity" means:

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

 4  or municipality, or any department, agency, or other

 5  instrumentality thereof.

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

 7  other entity exercising governmental authority.

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

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

10  of skateboarding, inline skating, paintball, and freestyle

11  bicycling.

12         (3)  This section does not grant authority or

13  permission for a person to engage in skateboarding, inline

14  skating, paintball, or freestyle bicycling on property owned

15  or controlled by a governmental entity unless such

16  governmental entity has specifically designated such area for

17  skateboarding, inline skating, paintball, or and freestyle

18  bicycling.

19         (4)  A No governmental entity or public employee is not

20  shall be liable to any person who voluntarily participates in

21  skateboarding, inline skating, paintball, or freestyle

22  bicycling for any damage or injury to property or persons

23  which arises out of a person's participation in such activity,

24  and which takes place in an area designated for such activity.

25         (5)  This section does not limit liability that which

26  would otherwise exist for any of the following:

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

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

29  which a participant does not and cannot reasonably be expected

30  to have notice.

31  

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    Florida Senate - 2004                                  SB 1790
    24-1417-04




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

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

 3  injury.

 4         (c)  The failure of a governmental entity that provides

 5  a designated area for skateboarding, inline skating,

 6  paintball, or freestyle bicycling to obtain the written

 7  consent, in a form acceptable to the governmental entity, from

 8  the parents or legal guardians of any child under 17 years of

 9  age before authorizing such child to participate in

10  skateboarding, inline skating, paintball, or freestyle

11  bicycling in such designated area, unless that child's

12  participation is in violation of posted rules governing the

13  hours of authorized use of the designated area.

14  

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

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

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

18  waiver of sovereign immunity under any circumstances.

19         (6)  Nothing in this section shall limit the liability

20  of an independent concessionaire, or any person or

21  organization other than a governmental entity or public

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

23  contractual relationship with a governmental entity to use the

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

25  as a result of the operation of skateboards, inline skates,

26  paintball, or freestyle bicycles on public property by the

27  concessionaire, person, or organization.

28         (7)(a)  Any person who participates in or assists in

29  skateboarding, inline skating, paintball, or freestyle

30  bicycling assumes the known and unknown inherent risks in

31  these activities irrespective of age, and is legally

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    Florida Senate - 2004                                  SB 1790
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 1  responsible for all damages, injury, or death to himself or

 2  herself or other persons or property which result from these

 3  activities.  Any person who observes skateboarding, inline

 4  skating, paintball, or freestyle bicycling assumes the known

 5  and unknown inherent risks in these activities irrespective of

 6  age, and is legally responsible for all damages, injury, or

 7  death to himself or herself which result from these

 8  activities.  A No governmental entity that which sponsors,

 9  allows, or permits skateboarding, inline skating, paintball,

10  or freestyle bicycling on its property is not required to

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

12  activities.

13         (b)  While engaged in skateboarding, inline skating,

14  paintball, or freestyle bicycling, irrespective of where such

15  activities occur, a participant is responsible for doing all

16  of the following:

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

18  the purpose and design of the equipment used.

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

20  equipment used.

21         3.  Refraining from acting in any manner which may

22  cause or contribute to death or injury of himself or herself,

23  or other persons.

24  

25  Failure to comply with the requirements of this paragraph

26  shall constitute negligence.

27         (8)  The fact that a governmental entity carries

28  insurance which covers any act described in this section shall

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

30  section, regardless of the existence or limits of such

31  coverage.

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    Florida Senate - 2004                                  SB 1790
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 1         Section 2.  This act shall take effect July 1, 2004.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Includes the game of paintball with the liability
      exemptions granted to governmental property owners or
 6    lessees and public employees for skateboarding, inline
      skating, or freestyle bicycling.
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