Bill Text: FL S0408 | 2015 | Regular Session | Enrolled
Bill Title: Designated Areas for Skateboarding, Inline Skating, Paintball, or Freestyle or Mountain and Off-roading Bicycling
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-05-22 - Chapter No. 2015-48 [S0408 Detail]
Download: Florida-2015-S0408-Enrolled.html
ENROLLED 2015 Legislature SB 408 2015408er 1 2 An act relating to designated areas for skateboarding, 3 inline skating, paintball, or freestyle or mountain 4 and off-roading bicycling; amending s. 316.0085, F.S.; 5 deleting the requirement that a governmental entity 6 that provides a designated area for skateboarding, 7 inline skating, or freestyle bicycling obtain the 8 written consent of the parent or legal guardian of a 9 child under a certain age before allowing the child to 10 participate in these activities in such area; 11 requiring the governmental entity to post a rule 12 indicating that consent forms are required for 13 children under a certain age before participation in 14 paintball or mountain and off-road bicycling; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (3) and paragraph (c) of subsection 20 (5) of section 316.0085, Florida Statutes, are amended to read: 21 316.0085 Skateboarding; inline skating; freestyle or 22 mountain and off-road bicycling; paintball; definitions; 23 liability.— 24 (3)(a) This section does not grant authority or permission 25 for a person to engage in skateboarding, inline skating, 26 paintball, or freestyle or mountain and off-road bicycling on 27 property owned or controlled by a governmental entity unless 28 such governmental entity has specifically designated such area 29 for skateboarding, inline skating, paintball, or freestyle or 30 mountain and off-road bicycling. Each governmental entity shall 31 post a rule in each specifically designated area that identifies 32 all authorized activities. 33 (b) Each governmental entity shall post a rule in each 34 specifically designated area for paintball or mountain and off 35 road bicycling whichandindicates that a child under 17 years 36 of age may not engage in suchany ofthoseactivities until the 37 governmental entity has obtained written consent, in a form 38 acceptable to the governmental entity, from the child’s parent 39 or legal guardianparents or legal guardians. 40 (5) This section does not limit liability that would 41 otherwise exist for any of the following: 42 (c) The failure of a governmental entity that provides a 43 designated area forskateboarding, inline skating,paintball, or44freestyleor mountain and off-road bicycling to obtain the 45 written consent, in a form acceptable to the governmental 46 entity, from the parents or legal guardians of any child under 47 17 years of age before allowingauthorizingsuch child to 48 participate inskateboarding, inline skating,paintball, or49freestyleor mountain and off-road bicycling in such designated 50 area, unless that child’s participation is in violation of 51 posted rules governing the authorized use of the designated 52 area, except that a parent or legal guardian must demonstrate 53 that written consent to engage in mountain or off-road bicycling 54 in a designated area was provided to the governmental entity 55 before entering the designated area. 56 57 Nothing in this subsection creates a duty of care or basis of 58 liability for death, personal injury, or damage to personal 59 property. Nothing in this section shall be deemed to be a waiver 60 of sovereign immunity under any circumstances. 61 Section 2. This act shall take effect July 1, 2015.