| 1 | A bill to be entitled |
| 2 | An act relating to equine activities; providing a short |
| 3 | title; providing legislative intent; creating s. 773.11, |
| 4 | F.S.; defining the term "equine"; requiring certain minors |
| 5 | to wear helmets when riding equines in certain locations; |
| 6 | providing requirements for helmets; requiring persons |
| 7 | renting or leasing equines for riding by a minor under a |
| 8 | specified age to provide a helmet if the minor does not |
| 9 | have a helmet; prohibiting a parent or guardian of a minor |
| 10 | under a specified age from authorizing or permitting a |
| 11 | minor to engage in certain conduct; providing criminal |
| 12 | penalties; providing exceptions; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. This act may be cited as the "Nicole Hornstein |
| 18 | Act." |
| 19 | Section 2. It is the intent of the Legislature to further |
| 20 | promote the safety, health, and welfare of minors engaged in |
| 21 | equestrian activities and recreation throughout the state by |
| 22 | enacting safety standards to minimize the number of serious or |
| 23 | fatal head injuries sustained by minors during equestrian |
| 24 | activities and recreation. |
| 25 | Section 3. Section 773.11, Florida Statutes, is created to |
| 26 | read: |
| 27 | 773.11 Helmet requirements; penalties.-- |
| 28 | (1) As used in this section, the term "equine" has the |
| 29 | same meaning as provided in s. 773.01. |
| 30 | (2) A child who is under 16 years of age must wear a |
| 31 | helmet that meets the current applicable American Society of |
| 32 | Testing and Materials standards for protective headgear used in |
| 33 | horseback riding and that is properly fitted and fastened |
| 34 | securely upon the child's head by a strap when the child is |
| 35 | riding an equine upon any of the following: |
| 36 | (a) A public roadway or right-of-way; |
| 37 | (b) A public equestrian trail, public recreational trail, |
| 38 | public park and preserve, or public school site; or |
| 39 | (c) Any other publicly owned or controlled property. |
| 40 | (3) No trainer, instructor, supervisor, or other person |
| 41 | may knowingly rent or lease an equine to be ridden by a child |
| 42 | under 16 years of age unless the child possesses a helmet |
| 43 | meeting the requirements of this section or the trainer, |
| 44 | instructor, supervisor, or other person renting or leasing the |
| 45 | equine supplies the child a helmet meeting the standards of this |
| 46 | section. |
| 47 | (4) No parent or guardian of any child under 16 years of |
| 48 | age may authorize or knowingly permit any such child to violate |
| 49 | this section. |
| 50 | (5) Any person violating any provision of this section |
| 51 | commits a misdemeanor of the third degree, punishable as |
| 52 | provided in s. 775.082 or s. 775.083. |
| 53 | (6) This section does not apply to a minor riding an |
| 54 | equine when such rider is competing or performing during a show |
| 55 | or event in which he or she is registered as a competitor or |
| 56 | participant. |
| 57 | Section 4. This act shall take effect October 1, 2007. |