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FL S2440

Bill

Status

Passed

4/27/2010

Primary Sponsor

Michael Bennett

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Origin

Senate

2010 Regular Session

AI Summary

  • Expands the definition of "nonspectator" under motorsport liability releases to include minors whose natural guardians have signed a release on their behalf.

  • Allows motorsport liability releases signed by natural guardians for minors participating in sanctioned motorsports events to be valid to the same extent as for other nonspectators.

  • Requires waivers for minors participating in non-sanctioned activities at closed-course motorsport facilities to comply with new standards in section 744.301(3) and creates a rebuttable presumption of validity for compliant waivers.

  • Authorizes natural guardians to waive claims for injuries arising from "inherent risks" in commercial activities, defined as dangers characteristic of or intrinsic to the activity that cannot be eliminated even with reasonable care.

  • Establishes that a compliant waiver creates a presumption of validity (rebutted by preponderance of evidence) and that injuries arose from inherent risk (rebutted by clear and convincing evidence); allows waivers for noncommercial activities to the extent permitted by common law.

Legislative Description

Liability Releases [SPSC]

Last Action

Approved by Governor -SJ 00921; Chapter No. 2010-27

4/27/2010

Committee Referrals

Judiciary3/4/2010

Full Bill Text

No bill text available