Senate Bill sb1790er

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    2004 Legislature                                CS for SB 1790



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  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; requiring governmental

  9         entities to post rules indicating that written

10         parental consent is required for minors;

11         revising the exemptions from immunity provided

12         by the act; 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 requirements for participants in the

17         game of paintball; 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  amended to read:

23         316.0085  Skateboarding; inline skating; freestyle

24  bicycling; paintball; 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, inline skating,

28  paintball, and freestyle bicycling. 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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    2004 Legislature                                CS for SB 1790



 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.

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, inline skating, paintball, and freestyle

15  bicycling.

16         (3)  This section does not grant authority or

17  permission for a person to engage in skateboarding, inline

18  skating, paintball, or freestyle bicycling on property owned

19  or controlled by a governmental entity unless such

20  governmental entity has specifically designated such area for

21  skateboarding, inline skating, paintball, or and freestyle

22  bicycling. Each governmental entity shall post a rule in each

23  specifically designated area that identifies all authorized

24  activities and indicates that a child under 17 years of age

25  may not engage in any of those activities until the

26  governmental entity has obtained written consent, in a form

27  acceptable to the governmental entity, from the child's

28  parents or legal guardians.

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

30  shall be liable to any person who voluntarily participates in

31  skateboarding, inline skating, paintball, or freestyle


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    2004 Legislature                                CS for SB 1790



 1  bicycling for any damage or injury to property or persons

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

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

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

 5  would otherwise exist for any of the following:

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

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

 8  which a participant does not and cannot reasonably be expected

 9  to have notice.

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

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

12  injury.

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

14  a designated area for skateboarding, inline skating,

15  paintball, or freestyle bicycling to obtain the written

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

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

18  age before authorizing such child to participate in

19  skateboarding, inline skating, paintball, or freestyle

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

21  participation is in violation of posted rules governing the

22  hours of authorized use of the designated area.

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

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

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

27  waiver of sovereign immunity under any circumstances.

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

29  of an independent concessionaire, or any person or

30  organization other than a governmental entity or public

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


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    2004 Legislature                                CS for SB 1790



 1  contractual relationship with a governmental entity to use the

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

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

 4  paintball equipment, or freestyle bicycles on public property

 5  by the concessionaire, person, or organization.

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

 7  skateboarding, inline skating, paintball, or freestyle

 8  bicycling assumes the known and unknown inherent risks in

 9  these activities irrespective of age, and is legally

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

11  herself or other persons or property which result from these

12  activities.  Any person who observes skateboarding, inline

13  skating, paintball, or freestyle bicycling assumes the known

14  and unknown inherent risks in these activities irrespective of

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

16  death to himself or herself which result from these

17  activities.  A No governmental entity that which sponsors,

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

19  or freestyle bicycling on its property is not required to

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

21  activities.

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

23  paintball, or freestyle bicycling, irrespective of where such

24  activities occur, a participant is responsible for doing all

25  of the following:

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

27  the purpose and design of the equipment used.

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

29  equipment used.

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    ENROLLED

    2004 Legislature                                CS for SB 1790



 1         3.  Refraining from acting in any manner which may

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

 3  or other persons.

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 5  Failure to comply with the requirements of this paragraph

 6  shall constitute negligence.

 7         (8)  The fact that a governmental entity carries

 8  insurance which covers any act described in this section shall

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

10  section, regardless of the existence or limits of such

11  coverage.

12         Section 2.  This act shall take effect July 1, 2004.

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