The purpose of this
section is to encourage governmental owners or lessees of property to
make land available to the public for skateboarding, inline skating,
paintball, and freestyle or mountain and off-road bicycling. It is
recognized that governmental owners or lessees of property have failed
to make property available for such activities because of the exposure
to liability from lawsuits and the prohibitive cost of insurance, if
insurance can be obtained for such activities. It is also recognized
that risks and dangers are inherent in these activities, which risks
and dangers should be assumed by those participating in such
activities.
The 2007 Florida Statutes
316.0085 Skateboarding; inline skating; freestyle or mountain and off-road bicycling; paintball; definitions; liability.--
(1) The purpose of this
section is to encourage governmental owners or lessees of property to
make land available to the public for skateboarding, inline skating,
paintball, and freestyle or mountain and off-road bicycling. It is
recognized that governmental owners or lessees of property have failed
to make property available for such activities because of the exposure
to liability from lawsuits and the prohibitive cost of insurance, if
insurance can be obtained for such activities. It is also recognized
that risks and dangers are inherent in these activities, which risks
and dangers should be assumed by those participating in such
activities.
(2) As used in this section, the term:
(a) "Governmental entity" means:
1. The United States, the
State of Florida, any county or municipality, or any department,
agency, or other instrumentality thereof.
2. Any school board, special district, authority, or other entity exercising governmental authority.
(b) "Inherent risk" means
those dangers or conditions that are characteristic of, intrinsic to,
or an integral part of skateboarding, inline skating, paintball, and
freestyle or mountain and off-road bicycling.
(3) This section does
not grant authority or permission for a person to engage in
skateboarding, inline skating, paintball, or freestyle or mountain and
off-road bicycling on property owned or controlled by a governmental
entity unless such governmental entity has specifically designated such
area for skateboarding, inline skating, paintball, or freestyle or
mountain and off-road bicycling. Each governmental entity shall post a
rule in each specifically designated area that identifies all
authorized activities and indicates that a child under 17 years of age
may not engage in any of those activities until the governmental entity
has obtained written consent, in a form acceptable to the governmental
entity, from the child's parents or legal guardians.
(4) A governmental
entity or public employee is not liable to any person who voluntarily
participates in skateboarding, inline skating, paintball, or freestyle
or mountain and off-road bicycling for any damage or injury to property
or persons which arises out of a person's participation in such
activity, and which takes place in an area designated for such
activity.
(5) This section does not limit liability that would otherwise exist for any of the following:
(a) The failure of the
governmental entity or public employee to guard against or warn of a
dangerous condition of which a participant does not and cannot
reasonably be expected to have notice.
(b) An act of gross negligence by the governmental entity or public employee that is the proximate cause of the injury.
(c) The failure of a
governmental entity that provides a designated area for skateboarding,
inline skating, paintball, or freestyle or mountain and off-road
bicycling to obtain the written consent, in a form acceptable to the
governmental entity, from the parents or legal guardians of any child
under 17 years of age before authorizing such child to participate in
skateboarding, inline skating, paintball, or freestyle or mountain and
off-road bicycling in such designated area, unless that child's
participation is in violation of posted rules governing the authorized
use of the designated area, except that a parent or legal guardian must
demonstrate that written consent to engage in mountain or off-road
bicycling in a designated area was provided to the governmental entity
before entering the designated area.
Nothing in this subsection creates a duty of care or basis of
liability for death, personal injury, or damage to personal property.
Nothing in this section shall be deemed to be a waiver of sovereign
immunity under any circumstances.
(6) Nothing in this
section shall limit the liability of an independent concessionaire, or
any person or organization other than a governmental entity or public
employee, whether or not the person or organization has a contractual
relationship with a governmental entity to use the public property, for
injuries or damages suffered in any case as a result of the operation
of skateboards, inline skates, paintball equipment, or freestyle or
mountain and off-road bicycles on public property by the
concessionaire, person, or organization.
(7)(a) Any person who
participates in or assists in skateboarding, inline skating, paintball,
or freestyle or mountain and off-road bicycling assumes the known and
unknown inherent risks in these activities irrespective of age, and is
legally responsible for all damages, injury, or death to himself or
herself or other persons or property which result from these
activities. Any person who observes skateboarding, inline skating,
paintball, or freestyle or mountain or off-road bicycling assumes the
known and unknown inherent risks in these activities irrespective of
age, and is legally responsible for all damages, injury, or death to
himself or herself which result from these activities. A governmental
entity that sponsors, allows, or permits skateboarding, inline skating,
paintball, or freestyle or mountain or off-road bicycling on its
property is not required to eliminate, alter, or control the inherent
risks in these activities.
(b) While engaged in
skateboarding, inline skating, paintball, or freestyle or mountain or
off-road bicycling, irrespective of where such activities occur, a
participant is responsible for doing all of the following:
1. Acting within the limits of his or her ability and the purpose and design of the equipment used.
2. Maintaining control of his or her person and the equipment used.
3. Refraining from acting
in any manner which may cause or contribute to death or injury of
himself or herself, or other persons.
Failure to comply with the requirements of this paragraph shall constitute negligence.
(8) The fact that a
governmental entity carries insurance which covers any act described in
this section shall not constitute a waiver of the protections set forth
in this section, regardless of the existence or limits of such
coverage.
History.--s. 1, ch. 99-133; s. 1, ch. 2004-288; s. 7, ch. 2006-290.
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