Bill Text: FL S1578 | 2010 | Regular Session | Introduced

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Bill Title: Parental Authority [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary, companion bill(s) passed, see CS/SB 2440 (Ch. 2010-27) [S1578 Detail]

Download: Florida-2010-S1578-Introduced.html

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Florida Senate - 2010                                    SB 1578 
 
By Senator Baker 
20-01443-10                                           20101578__ 
1                        A bill to be entitled 
2         An act relating to parental authority; amending s. 
3         549.09, F.S.; providing that a motorsport liability 
4         release signed by a minor is valid if the release is 
5         also signed by the minor’s parent or guardian; 
6         amending s. 744.301, F.S.; authorizing natural 
7         guardians to waive and release, in advance, any claim 
8         or cause of action that would accrue to any of their 
9         minor children to the same extent that any adult may 
10         do so on his or her own behalf; providing that such 
11         waiver and release shall not relieve a party of 
12         liability for any acts of sexual misconduct committed 
13         against the minor child; providing an effective date. 
14 
15  Be It Enacted by the Legislature of the State of Florida: 
16 
17         Section 1. Paragraph (g) of subsection (1) and subsection 
18  (3) of section 549.09, Florida Statutes, are amended to read: 
19         549.09 Motorsport nonspectator liability release.— 
20         (1) As used in this section: 
21         (g) “Nonspectators” means event participants who have 
22  signed a motorsport liability release, including a minor if the 
23  minor’s parent or guardian has also signed the release. 
24         (3)(a) A motorsport liability release may be signed by more 
25  than one person if so long as the release form appears on each 
26  page, or side of a page, which is signed. A motorsport liability 
27  release shall be printed in 8 point type or larger. 
28         (b) A release signed by a minor is valid if the release is 
29  also signed by the minor’s parent or guardian. 
30         Section 2. Subsection (2) of section 744.301, Florida 
31  Statutes, is amended to read: 
32         744.301 Natural guardians.— 
33         (2)(a) Natural guardians are authorized, on behalf of any 
34  of their minor children, to: 
35         1.(a) Settle and consummate a settlement of any claim or 
36  cause of action accruing to any of their minor children for 
37  damages to the person or property of any of said minor children; 
38         2.(b) Collect, receive, manage, and dispose of the proceeds 
39  of any such settlement; 
40         3.(c) Collect, receive, manage, and dispose of any real or 
41  personal property distributed from an estate or trust; 
42         4.(d) Collect, receive, manage, and dispose of and make 
43  elections regarding the proceeds from a life insurance policy or 
44  annuity contract payable to, or otherwise accruing to the 
45  benefit of, the child; and 
46         5.(e) Collect, receive, manage, dispose of, and make 
47  elections regarding the proceeds of any benefit plan as defined 
48  by s. 710.102, of which the minor is a beneficiary, participant, 
49  or owner, 
50 
51  without appointment, authority, or bond, when the amounts 
52  received, in the aggregate, do not exceed $15,000. 
53         (b) In addition to the authority granted in paragraph (a), 
54  natural guardians are authorized, on behalf of any of their 
55  minor children, to waive and release, in advance, any claim or 
56  cause of action that would accrue to any of their minor children 
57  to the same extent that any adult may do so on his or her own 
58  behalf. No such waiver and release, however, shall relieve a 
59  released party of liability for any acts of sexual misconduct 
60  committed against the minor child. 
61         Section 3. This act shall take effect July 1, 2010.