September 18, 2019
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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.

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