The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 773
EQUINE ACTIVITIES

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F.S. 773.01

773.01 Definitions.—As used in ss. 773.01-773.05:

(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, or any person assisting a participant or show management. The term “engages in an equine activity” does not include being a spectator at an equine activity, except in cases where a spectator places himself or herself in an unauthorized area.

(2) “Equine” means a horse, pony, mule, or donkey.

(3) “Equine activity” means:

(a) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting.

(b) Equine training or teaching activities or both.

(d) Riding, inspecting, or evaluating an equine belonging to another by a purchaser or an agent, whether or not the owner has received monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser to ride, inspect, or evaluate it.

(e) Rides, trips, hunts, or other equine activities of any type, no matter how informal or impromptu, that are sponsored by an equine activity sponsor.

(f) Placing or replacing horseshoes or hoof trimming on an equine.

(g) Providing or assisting in veterinary treatment.

(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, including, but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters of equine facilities, including, but not limited to, farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.

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

(a) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;

(b) In renting equipment or tack to a participant;

(d) To train an equine.

(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.

(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.

History.—s. 88, ch. 93-169; s. 1182, ch. 97-102; s. 29, ch. 2000-354.

F.S. 773.01 on Google Scholar

F.S. 773.01 on Casetext

Amendments to 773.01

Arrestable Offenses / Crimes under Fla. Stat. 773.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 773.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GERMER, v. CHURCHILL DOWNS MANAGEMENT,, 201 So. 3d 721 (Fla. Dist. Ct. App. 2016)

. . . .” § 773.01(7), Fla. Stat. (2012). . . . equine activity, except in cases where a spectator places himself or herself in an unauthorized area. § 773.01 . . . out only one specific exception from this broad definition, i.e., spectators in an authorized area. § 773.01 . . . organization” so as to make Germer’s visit to the stables “an organized activity” as defined in section 773.01 . . .

McNICHOL, v. SOUTH FLORIDA TROTTING CENTER, INC., 44 So. 3d 253 (Fla. Dist. Ct. App. 2010)

. . . Section 773.01(6) defines “Inherent risks of equine activities” as: [Tjhose dangers or conditions which . . . the placement of the dirt mound was not an inherent risk of equine activities as defined by section 773.01 . . . . § 773.01(6), Fla. Stat. (2004). . . .

McGRAW, v. R AND R INVESTMENTS, LTD., 877 So. 2d 886 (Fla. Dist. Ct. App. 2004)

. . . ’s injuries were the result of “an inherent risk of an equine activity,” defined in part in section 773.01 . . . profit or nonprofit, "which sponsors, organizes, or provides the facilities for an equine activity.” § 773.01 . . . Defined in part as an amateur or a professional who engages in an equine activity. § 773.01(7), Fla. . . . in reacting to particular conditions, thereby resulting in injuries to persons on or around them. § 773.01 . . .

SAPONE v. GRAND TARGHEE, INC. a d b a a, 308 F.3d 1096 (10th Cir. 2002)

. . . Stat. ch. 773.01(6) (enumerating similar risks); Mass. Gen. . . .

RAVESON v. WALT DISNEY WORLD COMPANY,, 793 So. 2d 1171 (Fla. Dist. Ct. App. 2001)

. . . granted summary judgment to Disney based upon the above release and indemnity agreement and upon section 773.01 . . . Stat. § 773.01(5), (6), & (7) (1997). . . . While some degree of matching may be possible, section 773.01(6) seems to contradict the exclusion of . . .

DILALLO, a Jo DILALLO, Jo v. RIDING SAFELY, INC. d b a B, 687 So. 2d 353 (Fla. Dist. Ct. App. 1997)

. . . moved for summary judgment, asserting, inter alia, that it was immunized from liability by section 773.01 . . . Section 773.01(6) states that “Inherent risks of equine activities” mean “those dangers or conditions . . . (d) Collisions with other equines or objects.” § 773.01(6), Fla. Stat. (1993). . . .