Ski Resort Waivers, Minor Consent Rules, and Florida's Busy Regulators

The Colorado Supreme Court held that a post-injury release agreement signed when buying a ski pass operates as an enforceable release, barring a negligence suit against Vail Summit Resorts, while Florida's Board of Psychology proposed updating consent rules for treating minors. Florida agencies also filed 50 regulatory notices for the day, the busiest day for the state since September 9.

Why it matters: Ski resorts and litigants over liability waivers, psychology licensees, Medicaid enrollees and families, and Florida license applicants now have a new opinion and rule notices to review, on a day when Florida agencies logged 50 regulatory notices.

What moved

• John Litterer v. Vail Summit Resorts, Inc., a corporation, and Dwight McClure. (Colorado): The Colorado Supreme Court held that a post-injury release agreement signed when purchasing a ski pass operates as an enforceable release rather than an exculpatory agreement, barring the plaintiff's pending negligence claims against the ski resort and its employee, distinguishing it from pre-injury exculpatory agreements. Status is Published. Applicability: the ruling concerns post-injury release agreements signed when purchasing a ski pass and their effect on negligence claims against a resort and its employees.

• Notice of Rule Development - 64B19-18.005 - The Board proposes the rule amendment to update the consent requirements for treatment of minors. (Florida): The Department of Health's Board of Psychology proposed an amendment to Rule 64B19-18.005 updating consent requirements for treatment of minors. The notice represents the initial notice phase of rule development; specific proposed changes are not detailed in the announcement. Applicability: covers psychology licensure practice involving treatment of minors.

• Notice of Meeting, Hearing, or Workshop - To evaluate the delivery of applied behavior analysis services in a manner that promotes high quality, family-centered care while ensuring long-term financial s (Florida): The Agency for Health Care Administration's Medicaid division scheduled a meeting for October 5, 2026, at its Tallahassee office to evaluate delivery of applied behavior analysis services, aiming for high quality, family-centered care while seeking long-term financial sustainability of the Medicaid program without disrupting access for current enrollees and families. Applicability: concerns Medicaid enrollees and families relying on applied behavior analysis services.

• **Notice of Declaratory Statement - Petitioner asks the Commission, “If Petitioner obtains a full North Carolina real estate broker license, maintains that broker license as current and valid for ** (Florida): The Florida Real Estate Commission is weighing a declaratory statement request from petitioner Laura Herrington asking whether maintaining an inactive North Carolina real estate broker license for at least 24 months would satisfy Florida's out-of-state broker license experience requirement. Applicability: concerns the petitioner and real estate license applicants relying on out-of-state broker experience under Section 475.17(1)(b)3, F.S.

By the numbers

• Florida's agencies filed 50 regulations, the busiest day since September 9, above its trailing 30 day weekday average of 32 regulations. September 10, within that window, is a data-load day. The highest single-day count for Florida regulations since tracking began is 1,763, set September 3, a data-load day.
• Federal courts entered 15 opinions, below the federal trailing 30 day weekday average of about 55.
• Colorado's courts logged 1 opinion, matching its trailing weekday average of about one.
• Across all jurisdictions, 66 items entered the record for the day: 15 federal and 51 spread across 2 states.

Bill actions

Among tracked bills, Pennsylvania recorded one action: a bill listed as Introduced was amended on third consideration (27-22), as recorded in the action text. No other tracked bill carried an action dated this day.

Methodology

Collected reflects the date OmniLegislation's pipeline processed each record, not necessarily when it was filed or decided; the federal opinions collected on this day carry filing dates ranging from August 27, 2026 to September 27, 2026, illustrating that collection lags the source date. Counts are deduplicated records from OmniLegislation's own pipeline, and item descriptions come from the pipeline's own summaries of each record. Baselines are trailing 30 day averages for the same kind of day, weekdays compared against weekdays, excluding known bulk-load days; the highest single-day counts since tracking began on April 5, 2026 include load days, which are labeled. Bill actions cover tracked bills only. This report covers September 28, 2026. Bill records originate from LegiScan; court opinions from CourtListener, a Free Law Project service; federal regulations from the Federal Register.