FL Cattlemens’ Assoc: Critical Timing for Parental Waiver Issue

Gary Cooper Beef, Cattle, Citrus, Florida, Livestock, Sugar

Florida Cattlemen’s Association (FCA) officials are making cattle producers and other affected parties in agriculture aware of a parental waivers issue in the Legislature that could seroiusly impact everything from 4-H field trips to hunt camps to rodeos, and that’s just scratching the surface. FCA is asking interested parties to provide input to appropriate lawmakers about the parental waiver legislation being considered, urging support of HB363 by Rep. Horner and SB886 by Sen. Oelrich regarding parental waivers.
Florida Cattlemen’s Association Action Notice:
In December 2008 the Florida Supreme Court issued an opinion in Kirton v. Fields that held “a parent does not have the authority to execute a pre-injury release (of Liability) on behalf of a minor child when the release involves participation in a commercial activity.” This legislation restores the rights of parents to waive and release in advance any claim or cause of action that would accrue to any of their minor children to the same extent that any adult may do so on his or her own behalf.

This bad Supreme Court decision directly impacts our industry in several ways. All rodeos, 4-H activities, county fairs, and hunting clubs utilize these waivers. Many times our insurance companies require these waivers. Many ranches allow minors to hunt with their parents as long as the waiver is signed.

This legislation simply restores Florida law to what it was before the Supreme Court decided to interfere with my right to be a parent to my child.