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FL S2440
Bill
Status
4/27/2010
Primary Sponsor
Michael Bennett
Click for details
AI Summary
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Expands the definition of "nonspectator" under motorsport liability releases to include minors whose natural guardians have signed a release on their behalf.
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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.
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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.
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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.
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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