Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (752270) for SB's 886 & 2268
       
       
       
       
       
       
                                Barcode 168024                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Gelber) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 56 - 59
    4  and insert:
    5         minor children, to waive any claims against the activity
    6  provider and its employees for the inherent risks involved in
    7  any activity; however, any waiver or release by a natural
    8  guardian on behalf of any of his or her minor children does not
    9  grant civil immunity to any person or entity whose negligence,
   10  gross negligence, or intentional conduct causes injury to a
   11  minor child sustained in the course of an activity. As used in
   12  this section, the term “negligence” means doing something that a
   13  reasonably careful person would not do under like circumstances
   14  or failing to do something that a reasonably careful person
   15  would do under like circumstances.
   16         (c) Notwithstanding the authority granted in paragraph (b),
   17  natural guardians are authorized, on behalf of any of their
   18  minor children, to sign waivers or releases in accordance with
   19  chapter 773, regarding equine activities, and s. 549.09,
   20  regarding motor sport activities.
   21  
   22  
   23  ================= T I T L E  A M E N D M E N T ================
   24         And the title is amended as follows:
   25         Delete lines 7 - 11
   26  and insert:
   27         minor is valid; amending s.744.301, F.S.; authorizing
   28  natural guardians to waive, in advance, the risks involved in
   29  any activity; providing exceptions; authorizing waivers and
   30  releases in accordance with ch. 773 and s. 549.09, F.S.;
   31  providing an effective date.