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Friday, February 15, 2013

Florida Equine Laws

Insurance is NOT REQUIRED by the State of Florida to have horse and/or pony rides at your home. 
From the Allen Financial Insurance Group, Kenneth C Sandoe, attorney at law.
A homeowner’s policy generally covers horse accidents which are non-business related. For example, if you take a number of guests on a trail ride or wagon ride and an accident occurs, this should be covered under your typical homeowner’s policy.    We are Licensed and Insured.

You can read the entire statute here.  Read the entire Florida Statute  I'm only touching on the important things in the statutes that a person should be aware of.  
Summary:   This Florida statute provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. 

(1) "Engages in an equine activity" means riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity.

(4) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity.

(5) "Equine professional" means a person engaged for compensation:

(6) "Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including, but not limited to:
(a) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them.
(b) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals.
(c) Certain hazards such as surface and subsurface conditions.
(d) Collisions with other equines or objects.
(e) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

(7) "Participant" means any person, whether amateur or professional, who engages in or any equine that participates in an equine activity, whether or not a fee is paid to participate in the equine activity.

(1) Every equine activity sponsor and equine professional shall:
(b) Give the participant a written document which the participant shall sign with the warning notice specified in subsection (2) clearly printed on it. Said written document may be used in lieu of posting the warning on the site of the equine activity sponsor's or equine professional's facility, and shall be given to any participant in an equine event not on the location of the equine activity sponsor's or equine professional's facility.

Nicole's Law (Helmets)
2) A child who is younger than 16 years of age must wear a helmet that meets the current applicable standards of the American Society of Testing and Materials for protective headgear used in horseback riding and that is properly fitted and fastened securely upon the child's head by a strap when the child is riding an equine upon:
a) A public roadway or right-of-way;
(b) A public equestrian trail, public recreational trail, public park or preserve, or public school site; or
(c) Any other publicly owned or controlled property

4) A parent or guardian of a child younger than 16 years of age may not authorize or knowingly permit the child to violate this section.

(6) This section does not apply to a child younger than 16 years of age who is riding an equine when the child is:
(a) Practicing for, riding to or from, or competing or performing in shows or events, including, but not limited to, rodeos and parades, where helmets are not historically a part of the show or event;
(b) Riding on privately owned land even if the land is occasionally separated by a public road or right-of-way that must be crossed.

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