Floridians Parental Authority in Jeopardy - Part 1

Why this is important for Florida:

• Children of this state should have the maximum opportunity to participate in sporting, recreational, educational, and other activities despite the fact that certain risks may exist when participating in these activities.

• Public, private, and non-profit entities providing these activities to children in Florida need a measure of protection against lawsuits, and these entities may be unwilling or unable to provide the activities without such protection.

• Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children, and the law has long presumed that parents act in the best interest of their children.

• Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities.

• These are proper parental choices on behalf of children that should not be ignored, and, so long as a parent’s decision is voluntary and informed, the decision should be given the same dignity as decisions, regarding schooling, medical treatment, and religious education.

• Insurance providers have said they will stop writing insurance claims if this issue is not addressed or if the Florida Legislature adopts language like that proposed by in SB 2440 - From Lloyds of London re: SB 2440: “We do not believe that recreational sports in Florida would be commercially viable to insure any longer.” (as of March 8, 2010)

Proposed Legislative Language to be adopted by the Florida Legislature:

Section 1. Section 768.38, Florida Statutes, is created to read:

768.38 Waivers executed on behalf of children.--
(1) As used in this section, the term:
(a) “Child” means a person less than eighteen years of age.
(b) “Parent” means a child’s biological mother or father, adoptive mother or father, or legal custodian or guardian.
(2) A parent of a child may, on behalf of the child, release or waive the child’s prospective claim for negligence.
(3) Nothing in this section shall be construed to permit a parent acting on behalf of his or her child to waive the child’s prospective claim against a person or entity for intentional misconduct or for a grossly negligent act or omission.
Section 2. This act shall take effect upon becoming a law.