Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB's 886 & 2268
       
       
       
       
       
                                Barcode 752270                          
       
       JU.JU.03277                                                     
       Proposed Committee Substitute by the Committee on Judiciary
    1                        A bill to be entitled                      
    2         An act relating to liability releases; amending s. 549.09,
    3  F.S.; revising the definition of the term “nonspectators” to
    4  include a minor on whose behalf a natural guardian has signed a
    5  motorsport liability release; providing that a motorsport
    6  liability release signed by a natural guardian on behalf of a
    7  minor is valid; amending s. 744.301, F.S.; authorizing natural
    8  guardians to waive and release, in advance, any claim or cause
    9  of action that would accrue to any of their minor children to
   10  the same extent that any adult may do so on his or her own
   11  behalf; providing an effective date.
   12  
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (g) of subsection (1) and subsection
   17  (3) of section 549.09, Florida Statutes, are amended to read:
   18         549.09 Motorsport nonspectator liability release.—
   19         (1) As used in this section:
   20         (g) “Nonspectators” means event participants who have
   21  signed a motorsport liability release and an event participant
   22  who is a minor, if the minor’s natural guardian has signed a
   23  motorsport liability release.
   24         (3)(a) A motorsport liability release may be signed by more
   25  than one person if so long as the release form appears on each
   26  page, or side of a page, which is signed. A motorsport liability
   27  release shall be printed in 8 point type or larger.
   28         (b) A motorsport liability release signed by a natural
   29  guardian on behalf of a minor is valid to the extent provided in
   30  s. 744.301.
   31         Section 2. Subsection (2) of section 744.301, Florida
   32  Statutes, is amended to read:
   33         744.301 Natural guardians.—
   34         (2)(a) Natural guardians are authorized, on behalf of any
   35  of their minor children, to:
   36         1.(a) Settle and consummate a settlement of any claim or
   37  cause of action accruing to any of their minor children for
   38  damages to the person or property of any of said minor children;
   39         2.(b) Collect, receive, manage, and dispose of the proceeds
   40  of any such settlement;
   41         3.(c) Collect, receive, manage, and dispose of any real or
   42  personal property distributed from an estate or trust;
   43         4.(d) Collect, receive, manage, and dispose of and make
   44  elections regarding the proceeds from a life insurance policy or
   45  annuity contract payable to, or otherwise accruing to the
   46  benefit of, the child; and
   47         5.(e) Collect, receive, manage, dispose of, and make
   48  elections regarding the proceeds of any benefit plan as defined
   49  by s. 710.102, of which the minor is a beneficiary, participant,
   50  or owner,
   51  
   52         without appointment, authority, or bond, when the amounts
   53  received, in the aggregate, do not exceed $15,000.
   54         (b) In addition to the authority granted in paragraph (a),
   55  natural guardians are authorized, on behalf of any of their
   56  minor children, to waive and release, in advance, any claim or
   57  cause of action that would accrue to any of their minor children
   58  to the same extent that any adult may do so on his or her own
   59  behalf.
   60          
   61         Section 2. This act shall take effect July 1, 2009.