Florida Senate - 2008 CS for SB 964
By the Committee on Agriculture; and Senator Aronberg
575-06065-08 2008964c1
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A bill to be entitled
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An act relating to equine activities; providing a short
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title; providing legislative intent; creating s. 773.11,
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F.S.; defining the term "equine"; requiring certain minors
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to wear helmets when riding equines in certain locations;
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providing requirements for helmets; requiring persons
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renting or leasing equines for riding by a minor under a
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specified age to provide a helmet if the minor does not
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have a helmet; prohibiting a parent or guardian of a minor
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under a specified age from authorizing or permitting a
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minor to engage in certain conduct; providing a penalty;
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providing exceptions; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Nicole Hornstein
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Act."
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Section 2. It is the intent of the Legislature to further
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promote the safety, health, and welfare of minors engaged in
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equestrian activities and recreation throughout the state by
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enacting safety standards to minimize the number of serious or
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fatal head injuries sustained by minors during equestrian
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activities and recreation.
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Section 3. Section 773.11, Florida Statutes, is created to
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read:
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773.11 Helmet requirements; penalties.--
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(1) As used in this section, the term "equine" has the same
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meaning as provided in s. 773.01.
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(2) A child who is younger than 16 years of age must wear a
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helmet that meets the current applicable standards of the
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American Society of Testing and Materials for protective headgear
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used in horseback riding and that is properly fitted and fastened
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securely upon the child's head by a strap when the child is
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riding an equine upon any of the following:
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(a) A public roadway, right-of-way, or an area immediately
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adjacent to a public roadway or right-of-way;
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(b) A public equestrian trail, public recreational trail,
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public park and preserve, or public school site; or
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(c) Any other publicly owned or controlled property.
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(3) A trainer, instructor, supervisor, or other person may
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not knowingly rent or lease an equine to be ridden by a child
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younger than 16 years of age unless the child possesses a helmet
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meeting the requirements of this section or the trainer,
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instructor, supervisor, or other person renting or leasing the
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equine supplies the child with a helmet meeting the standards of
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this section.
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(4) A parent or guardian of a child younger than 16 years
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of age may not authorize or knowingly permit the child to violate
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this section.
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(5) Any person violating any provision of this section
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commits a noncriminal violation, punishable as provided in s.
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(6) This section does not apply to a minor riding an equine
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when the minor is:
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(a) Competing or performing during a show or event in which
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he or she is registered as a competitor or participant;
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(b) Riding on privately owned land; or
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(c) Engaged in an agricultural practice or pursuit.
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Section 4. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.