Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 886
       
       
       
       
       
       
                                Barcode 931138                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Gelber) recommended the following:
       
    1         Senate Substitute for Amendment (755274) (with title
    2  amendment)
    3  
    4         Delete lines 36 - 39
    5  and insert:
    6         minor children, to waive any claims against the activity
    7  provider and its employees for the inherent risks involved in
    8  any activity; however, any waiver or release by a natural
    9  guardian on behalf of any of his or her minor children does not
   10  grant civil immunity to any person or entity whose negligence,
   11  gross negligence, or intentional conduct causes injury to a
   12  minor child sustained in the course of an activity. As used in
   13  this section, the term “negligence” means doing something that a
   14  reasonably careful person would not do under like circumstances
   15  or failing to do something that a reasonably careful person
   16  would do under like circumstances.
   17         (c) Notwithstanding the authority granted in paragraph(b),
   18  natural guardians are authorized, on behalf of any of their
   19  minor children, to sign waivers or releases in accordance with
   20  chapter 773, regarding equine activities, and s. 549.09,
   21  regarding motor sport activities.
   22  
   23  
   24  ================= T I T L E  A M E N D M E N T ================
   25         And the title is amended as follows:
   26         Delete lines 3 - 7
   27  and insert:
   28         744.301, F.S.; authorizing natural guardians to waive, in
   29  advance, the risks involved in any activity; providing
   30  exceptions; authorizing waivers and releases in accordance with
   31  ch. 773 and s. 549.09, F.S.; providing an effective date.