Bill Text: FL H0285 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Liability Releases

Spectrum: Partisan Bill (Republican 16-0)

Status: (Introduced - Dead) 2010-04-19 - Placed on Special Order Calendar; Substituted CS/SB 2440; Laid on Table, companion bill(s) passed, see CS/SB 2440 (Ch. 2010-27) -HJ 00745 [H0285 Detail]

Download: Florida-2010-H0285-Introduced.html

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HB 285

1	A bill to be entitled
2	An act relating to parental authority; amending s. 549.09,
3	F.S.; providing that a motorsport liability release signed
4	by a minor is valid if the release is also signed by the
5	minor's parent or guardian; amending s. 744.301, F.S.;
6	authorizing natural guardians to waive and release, in
7	advance, any claim or cause of action that would accrue to
8	any of their minor children to the same extent that any
9	adult may do so on his or her own behalf; providing that
10	such waiver and release shall not relieve a party of
11	liability for any acts of sexual misconduct committed
12	against the minor child; providing an effective date.
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, including a minor if the
22	minor's parent or guardian has also signed the release.
23	(3)(a) A motorsport liability release may be signed by
24	more than one person if so long as the release form appears on
25	each page, or side of a page, which is signed. A motorsport
26	liability release shall be printed in 8 point type or larger.
27	(b) A release signed by a minor is valid if the release is
28	also signed by the minor's parent or guardian.
29	Section 2. Subsection (2) of section 744.301, Florida
30	Statutes, is amended to read:
31	744.301 Natural guardians.--
32	(2)(a) Natural guardians are authorized, on behalf of any
33	of their minor children, to:
34	1.(a) Settle and consummate a settlement of any claim or
35	cause of action accruing to any of their minor children for
36	damages to the person or property of any of said minor children;
37	2.(b) Collect, receive, manage, and dispose of the
38	proceeds of any such settlement;
39	3.(c) Collect, receive, manage, and dispose of any real or
40	personal property distributed from an estate or trust;
41	4.(d) Collect, receive, manage, and dispose of and make
42	elections regarding the proceeds from a life insurance policy or
43	annuity contract payable to, or otherwise accruing to the
44	benefit of, the child; and
45	5.(e) Collect, receive, manage, dispose of, and make
46	elections regarding the proceeds of any benefit plan as defined
47	by s. 710.102, of which the minor is a beneficiary, participant,
48	or owner,
49
50	without appointment, authority, or bond, when the amounts
51	received, in the aggregate, do not exceed $15,000.
52	(b) In addition to the authority granted in paragraph (a),
53	natural guardians are authorized, on behalf of any of their
54	minor children, to waive and release, in advance, any claim or
55	cause of action that would accrue to any of their minor children
56	to the same extent that any adult may do so on his or her own
57	behalf. No such waiver and release, however, shall relieve a
58	released party of liability for any acts of sexual misconduct
59	committed against the minor child.
60	Section 3. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.