OK, THE PARENTAL WAIVER ISSUE IS COMING TO A HEAD AND AT THIS POINT, WE ARE LOSING. THE TRIAL ATTORNEYS ARE MAKING HEADWAY AND AT THIS MOMENT, WE DO NOT HAVE ENOUGH OF OUR STATE REPRESENTATIVES ON OUR SIDE.
ACTION IS NOW NECESSARY
SEND AN EMAIL TO THE ADDRESS IN THE MESSAGE BELOW, EXPLAINING HOW THE LOSS OF THE ABILITY FOR CHILDREN UNDER 18 TO PARTICIPATE IN MOTOCROSS COULD OR WOULD IMPACT YOU. IMAGINE IF ALL THE TRACKS CLOSED BECAUSE 90% OF THEIR BUSINESS WAS NO LONGER ALLOWED TO RIDE BECAUSE A PARENT CAN NO LONGER SIGN A WAIVER OF LIABILITY ON BEHALF OF THEIR CHILDREN...HOW WOULD THAT IMPACT YOU? HOW MUCH WOULD THAT IMPACT THE COMPANIES YOU PURCHASE BIKES, PARTS AND ACCESSORIES FROM?
IT'S ABOUT MONEY, THAT IS WHAT MAKES POLITICIANS OPEN THEIR EYES...MONEY.
IF BUSINESSES CLOSE, THAT IS REVENUE LOST
IF MILLIONS ARE LOST IN SALES IN THE STATE, THAT IS REVENUE LOST
IF PEOPLE BUY FEW MOTORCYCLES AND ATV'S, THAT IS NOT ONLY LESS SALES TAX, BUT LESS REVENUE BY WAY OF REGISTRATION AND TITLING.
IT'S ABOUT MONEY, NOT FEEL GOOD MAKE KIDS HAPPY....MONEY
WRITE AN EMAIL AND LET THEM KNOW HOW MUCH MONEY THEY WILL LOSE, HOW YOUR DEALER WILL LOSE MONEY AND YOUR DISTRICT WILL LOSE MONEY (Dana, who is working on this will direct to proper representative).
THIS IS FLORIDA RESIDENTS ONLY, PLEASE
NON-RESIDENTS OF FLORIDA, YOU CAN HELP BY PASSING THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE
==============================================================
I am including below a brief synopsis of the issue so that you can share it with others. Please direct all inquiries to me at dana@onmessage.com or 407-608-5921. As I mentioned I would love for folks to send me an email outlining their interest in the issue, how it impacts them and their business etc…It is important to have each person’s name and address so I can identify people from certain areas of the state if needed. I will personally follow up with each of them to determine how they can best assist our efforts.
BEWARE BUSINESS OWNERS: FLORIDA SUPREME COURT VOIDS PARENTAL WAIVERS
A recent decision by the Florida Supreme Court makes pre-injury releases that parents sign for their children to participate in field trips, athletics, or recreational activities unenforceable – meaning some of these activities may not be available to youth in the future.
It is common for service providers in Florida that offer athletic or recreational activities to minors to require parental consent in order to protect the provider from substantial liability in the case of injury. In fact, many of these providers including rock climbing venues and ATV operators are required by their own insurance companies to obtain these waivers from parents of minors. The ruling will likely impact a wide range of businesses in Florida that include children as their customers including sports leagues, amusement parks, water skiing and boating operators and others. If parents cannot sign these waivers on behalf of their children, the businesses are leaving themselves open to significant liability risks. Therefore, businesses across the state are discontinuing offering such services or activities to children. Not only is this Supreme Court decision contrary to almost all other parental choice situations but it also limits the life experiences of our youth and jeopardizes some of Florida’s oldest and most loved attractions.
Victor Scwartz, a Washington DC attorney who has written about this decision says “the Supreme Court’s decision creates an arbitrary distinction for commercial and non commercial activities that, in addition to adding ambiguity to the law and having nothing to do with safeguarding children ignores well-defined limits and careful balancing in scope and effect that Florida courts apply with regard to waivers”. He supports legislation to overturn the Court’s ruling and restore parent’s ability to sign waivers on behalf of their minor child as appropriate.
Unfortunately, last year the trial lawyers successfully blocked legislation reinstating a parent’s ability to enter into these pre-injury agreements with the provider just as they would on behalf of themselves. A coalition of business is asking the Legislature again this year (HB 285 by Rep. Mike Horner of Kissimmee) to reconsider the proposed legislation and preserve the athletic, recreational, and amusement park activities available to the youth in our state.
Bill Lupfer, President of the Florida Attractions Association adds, “You can certainly understand why so many of our members are concerned with this court ruling. Beyond jeopardizing parental rights there are jobs and entire family owned business in jeopardy.”
Dana C. Loncar
CONSENSUS
COMMUNICATIONS
407.608.5921 - Office
407.808.3441 Cell
==========================================================
BOTTOM LINE, THE COURTS HAVE SAID AND NOW THE LEGISLATURE IS TRYING TO SAY THAT YOU CANNOT SIGN A WAIVER FOR YOUR CHILD (OR TEEN) ALLOWING THEM TO RACE OR RIDE ON A TRACK IN THE STATE OF FLORIDA...YOUR CHILD WILL NOT BE ALLOWED TO RACE AT ANY TRACK IN THE STATE.
KEEP IN MIND, THIS IS APPLICABLE TO OTHER SPORTS AS WELL SUCH AS HORSE RIDING, GYMNASTICS, COMPETITIVE CHEERLEADING, ARCHERY, GUN RANGES AND ESSENTIALLY ALMOST EVERY SPORT WHERE A WAIVER IS SIGNED FOR A CHILD TO PARTICIPATE.
PLEASE PASS THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE
ACTION IS NOW NECESSARY
SEND AN EMAIL TO THE ADDRESS IN THE MESSAGE BELOW, EXPLAINING HOW THE LOSS OF THE ABILITY FOR CHILDREN UNDER 18 TO PARTICIPATE IN MOTOCROSS COULD OR WOULD IMPACT YOU. IMAGINE IF ALL THE TRACKS CLOSED BECAUSE 90% OF THEIR BUSINESS WAS NO LONGER ALLOWED TO RIDE BECAUSE A PARENT CAN NO LONGER SIGN A WAIVER OF LIABILITY ON BEHALF OF THEIR CHILDREN...HOW WOULD THAT IMPACT YOU? HOW MUCH WOULD THAT IMPACT THE COMPANIES YOU PURCHASE BIKES, PARTS AND ACCESSORIES FROM?
IT'S ABOUT MONEY, THAT IS WHAT MAKES POLITICIANS OPEN THEIR EYES...MONEY.
IF BUSINESSES CLOSE, THAT IS REVENUE LOST
IF MILLIONS ARE LOST IN SALES IN THE STATE, THAT IS REVENUE LOST
IF PEOPLE BUY FEW MOTORCYCLES AND ATV'S, THAT IS NOT ONLY LESS SALES TAX, BUT LESS REVENUE BY WAY OF REGISTRATION AND TITLING.
IT'S ABOUT MONEY, NOT FEEL GOOD MAKE KIDS HAPPY....MONEY
WRITE AN EMAIL AND LET THEM KNOW HOW MUCH MONEY THEY WILL LOSE, HOW YOUR DEALER WILL LOSE MONEY AND YOUR DISTRICT WILL LOSE MONEY (Dana, who is working on this will direct to proper representative).
THIS IS FLORIDA RESIDENTS ONLY, PLEASE
NON-RESIDENTS OF FLORIDA, YOU CAN HELP BY PASSING THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE
==============================================================
I am including below a brief synopsis of the issue so that you can share it with others. Please direct all inquiries to me at dana@onmessage.com or 407-608-5921. As I mentioned I would love for folks to send me an email outlining their interest in the issue, how it impacts them and their business etc…It is important to have each person’s name and address so I can identify people from certain areas of the state if needed. I will personally follow up with each of them to determine how they can best assist our efforts.
BEWARE BUSINESS OWNERS: FLORIDA SUPREME COURT VOIDS PARENTAL WAIVERS
A recent decision by the Florida Supreme Court makes pre-injury releases that parents sign for their children to participate in field trips, athletics, or recreational activities unenforceable – meaning some of these activities may not be available to youth in the future.
It is common for service providers in Florida that offer athletic or recreational activities to minors to require parental consent in order to protect the provider from substantial liability in the case of injury. In fact, many of these providers including rock climbing venues and ATV operators are required by their own insurance companies to obtain these waivers from parents of minors. The ruling will likely impact a wide range of businesses in Florida that include children as their customers including sports leagues, amusement parks, water skiing and boating operators and others. If parents cannot sign these waivers on behalf of their children, the businesses are leaving themselves open to significant liability risks. Therefore, businesses across the state are discontinuing offering such services or activities to children. Not only is this Supreme Court decision contrary to almost all other parental choice situations but it also limits the life experiences of our youth and jeopardizes some of Florida’s oldest and most loved attractions.
Victor Scwartz, a Washington DC attorney who has written about this decision says “the Supreme Court’s decision creates an arbitrary distinction for commercial and non commercial activities that, in addition to adding ambiguity to the law and having nothing to do with safeguarding children ignores well-defined limits and careful balancing in scope and effect that Florida courts apply with regard to waivers”. He supports legislation to overturn the Court’s ruling and restore parent’s ability to sign waivers on behalf of their minor child as appropriate.
Unfortunately, last year the trial lawyers successfully blocked legislation reinstating a parent’s ability to enter into these pre-injury agreements with the provider just as they would on behalf of themselves. A coalition of business is asking the Legislature again this year (HB 285 by Rep. Mike Horner of Kissimmee) to reconsider the proposed legislation and preserve the athletic, recreational, and amusement park activities available to the youth in our state.
Bill Lupfer, President of the Florida Attractions Association adds, “You can certainly understand why so many of our members are concerned with this court ruling. Beyond jeopardizing parental rights there are jobs and entire family owned business in jeopardy.”
Dana C. Loncar
CONSENSUS
COMMUNICATIONS
407.608.5921 - Office
407.808.3441 Cell
==========================================================
BOTTOM LINE, THE COURTS HAVE SAID AND NOW THE LEGISLATURE IS TRYING TO SAY THAT YOU CANNOT SIGN A WAIVER FOR YOUR CHILD (OR TEEN) ALLOWING THEM TO RACE OR RIDE ON A TRACK IN THE STATE OF FLORIDA...YOUR CHILD WILL NOT BE ALLOWED TO RACE AT ANY TRACK IN THE STATE.
KEEP IN MIND, THIS IS APPLICABLE TO OTHER SPORTS AS WELL SUCH AS HORSE RIDING, GYMNASTICS, COMPETITIVE CHEERLEADING, ARCHERY, GUN RANGES AND ESSENTIALLY ALMOST EVERY SPORT WHERE A WAIVER IS SIGNED FOR A CHILD TO PARTICIPATE.
PLEASE PASS THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE
This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself. - FDR
"Grant money is not pork" - Rep Allen West
