Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1742
                        Barcode 864950
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RE              .                    
       04/20/2006 05:04 PM         .                    
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11  The Committee on Domestic Security (Diaz de la Portilla)
12  recommended the following amendment to amendment (720760):
13  
14         Senate Amendment (with title amendment) 
15         On page 67, between lines 16 and 17,
16  
17  insert:  
18         Section 33.  Section 316.0085, Florida Statutes, is
19  amended to read:
20         316.0085  Skateboarding; inline skating; freestyle or
21  mountain and off-road bicycling; paintball; definitions;
22  liability.--
23         (1)  The purpose of this section is to encourage
24  governmental owners or lessees of property to make land
25  available to the public for skateboarding, inline skating,
26  paintball, and freestyle or mountain and off-road bicycling.
27  It is recognized that governmental owners or lessees of
28  property have failed to make property available for such
29  activities because of the exposure to liability from lawsuits
30  and the prohibitive cost of insurance, if insurance can be
31  obtained for such activities. It is also recognized that risks
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    12:56 PM   04/20/06                          s1742c1c-ds36-bz1

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 864950 1 and dangers are inherent in these activities, which risks and 2 dangers should be assumed by those participating in such 3 activities. 4 (2) As used in this section, the term: 5 (a) "Governmental entity" means: 6 1. The United States, the State of Florida, any county 7 or municipality, or any department, agency, or other 8 instrumentality thereof. 9 2. Any school board, special district, authority, or 10 other entity exercising governmental authority. 11 (b) "Inherent risk" means those dangers or conditions 12 that are characteristic of, intrinsic to, or an integral part 13 of skateboarding, inline skating, paintball, and freestyle or 14 mountain and off-road bicycling. 15 (3) This section does not grant authority or 16 permission for a person to engage in skateboarding, inline 17 skating, paintball, or freestyle or mountain and off-road 18 bicycling on property owned or controlled by a governmental 19 entity unless such governmental entity has specifically 20 designated such area for skateboarding, inline skating, 21 paintball, or freestyle or mountain and off-road bicycling. 22 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 governmental entity or public employee is not 30 liable to any person who voluntarily participates in 31 skateboarding, inline skating, paintball, or freestyle or 2 12:56 PM 04/20/06 s1742c1c-ds36-bz1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 864950 1 mountain and off-road bicycling for any damage or injury to 2 property or persons which arises out of a person's 3 participation in such activity, and which takes place in an 4 area designated for such activity. 5 (5) This section does not limit liability that would 6 otherwise exist for any of the following: 7 (a) The failure of the governmental entity or public 8 employee to guard against or warn of a dangerous condition of 9 which a participant does not and cannot reasonably be expected 10 to have notice. 11 (b) An act of gross negligence by the governmental 12 entity or public employee that is the proximate cause of the 13 injury. 14 (c) The failure of a governmental entity that provides 15 a designated area for skateboarding, inline skating, 16 paintball, or freestyle or mountain and off-road bicycling to 17 obtain the written consent, in a form acceptable to the 18 governmental entity, from the parents or legal guardians of 19 any child under 17 years of age before authorizing such child 20 to participate in skateboarding, inline skating, paintball, or 21 freestyle or mountain and off-road bicycling in such 22 designated area, unless that child's participation is in 23 violation of posted rules governing the authorized use of the 24 designated area, except that a parent or legal guardian must 25 demonstrate that written consent to engage in mountain or 26 off-road bicycling in a designated area was provided to the 27 governmental entity before entering the designated area. 28 29 Nothing in this subsection creates a duty of care or basis of 30 liability for death, personal injury, or damage to personal 31 property. Nothing in this section shall be deemed to be a 3 12:56 PM 04/20/06 s1742c1c-ds36-bz1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 864950 1 waiver of sovereign immunity under any circumstances. 2 (6) Nothing in this section shall limit the liability 3 of an independent concessionaire, or any person or 4 organization other than a governmental entity or public 5 employee, whether or not the person or organization has a 6 contractual relationship with a governmental entity to use the 7 public property, for injuries or damages suffered in any case 8 as a result of the operation of skateboards, inline skates, 9 paintball equipment, or freestyle or mountain and off-road 10 bicycles on public property by the concessionaire, person, or 11 organization. 12 (7)(a) Any person who participates in or assists in 13 skateboarding, inline skating, paintball, or freestyle or 14 mountain and off-road bicycling assumes the known and unknown 15 inherent risks in these activities irrespective of age, and is 16 legally responsible for all damages, injury, or death to 17 himself or herself or other persons or property which result 18 from these activities. Any person who observes skateboarding, 19 inline skating, paintball, or freestyle or mountain and 20 off-road bicycling assumes the known and unknown inherent 21 risks in these activities irrespective of age, and is legally 22 responsible for all damages, injury, or death to himself or 23 herself which result from these activities. A governmental 24 entity that sponsors, allows, or permits skateboarding, inline 25 skating, paintball, or freestyle or mountain and off-road 26 bicycling on its property is not required to eliminate, alter, 27 or control the inherent risks in these activities. 28 (b) While engaged in skateboarding, inline skating, 29 paintball, or freestyle or mountain and off-road bicycling, 30 irrespective of where such activities occur, a participant is 31 responsible for doing all of the following: 4 12:56 PM 04/20/06 s1742c1c-ds36-bz1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 864950 1 1. Acting within the limits of his or her ability and 2 the purpose and design of the equipment used. 3 2. Maintaining control of his or her person and the 4 equipment used. 5 3. Refraining from acting in any manner which may 6 cause or contribute to death or injury of himself or herself, 7 or other persons. 8 9 Failure to comply with the requirements of this paragraph 10 shall constitute negligence. 11 (8) The fact that a governmental entity carries 12 insurance which covers any act described in this section shall 13 not constitute a waiver of the protections set forth in this 14 section, regardless of the existence or limits of such 15 coverage. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 73, line 9, following the semicolon 23 24 insert: 25 amending s. 316.0085, F.S.; applying provisions 26 that relate to liability with respect to 27 skateboarding, inline skating, and other 28 recreational pursuits to mountain and off-road 29 bicycling as well; requiring demonstration that 30 consent by a parent or legal guardian was 31 provided to a governmental entity in specified 5 12:56 PM 04/20/06 s1742c1c-ds36-bz1
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 864950 1 circumstances; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 12:56 PM 04/20/06 s1742c1c-ds36-bz1