Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7006
       
       
       
       FOR CONSIDERATION By the Committee on Environmental Preservation
       and Conservation
       
       
       
       592-00465B-12                                         20127006__
    1                        A bill to be entitled                      
    2         An act relating to premises liability; amending s.
    3         375.251, F.S.; providing that an owner or lessee who
    4         makes an area available to another person for hunting,
    5         fishing, or wildlife viewing is entitled to certain
    6         limitations on liability if notice is provided to a
    7         person upon entry to the area; providing that an owner
    8         of an area who enters into a written agreement with
    9         the state for the area to be used for outdoor
   10         recreational purposes is entitled to certain
   11         limitations on liability; deleting a requirement that
   12         the area be leased to the state in order for the
   13         limitations on liability to apply; defining the term
   14         “area”; making technical and grammatical changes;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 375.251, Florida Statutes, is amended to
   20  read:
   21         375.251 Limitation on liability of persons making available
   22  to public certain areas for recreational purposes without
   23  charge.—
   24         (1) The purpose of this section act is to encourage persons
   25  to make land, water areas, and park areas available to the
   26  public land, water areas and park areas for outdoor recreational
   27  purposes by limiting their liability to persons using these
   28  areas going thereon and to third persons who may be damaged by
   29  the acts or omissions of persons using these areas going
   30  thereon.
   31         (2)(a) An owner or lessee who provides the public with an a
   32  park area or other land for outdoor recreational purposes owes
   33  no duty of care to keep that park area or land safe for entry or
   34  use by others, or to give warning to persons entering or going
   35  on that park area or land of any hazardous conditions,
   36  structures, or activities on the area thereon. An owner or
   37  lessee who provides the public with an a park area or other land
   38  for outdoor recreational purposes shall not by providing that
   39  park area or land:
   40         1. Is not be presumed to extend any assurance that the such
   41  park area or land is safe for any purpose;,
   42         2. Does not incur any duty of care toward a person who goes
   43  on that park area or land;, or
   44         3. Is not Become liable or responsible for any injury to
   45  persons or property caused by the act or omission of a person
   46  who goes on that park area or land.
   47         (b) Notwithstanding the inclusion of the term “public” in
   48  this subsection and subsection (1), an owner or lessee who makes
   49  available to any person an area primarily for the purposes of
   50  hunting, fishing, or wildlife viewing is entitled to the
   51  limitation on liability provided herein so long as the owner or
   52  lessee gives notice of this provision to the person upon entry
   53  to the area.
   54         (c)(b)The Legislature recognizes that an area offered for
   55  outdoor recreational purposes may be subject to multiple uses.
   56  The limitation of liability extended to an owner or lessee under
   57  this subsection applies only if no charge is made for entry to
   58  or use of the area for outdoor recreational purposes and no
   59  other revenue is derived from patronage of the area for outdoor
   60  recreational purposes. This section shall not apply if there is
   61  any charge made or usually made for entering or using such park
   62  area or land, or any part thereof, or if any commercial or other
   63  activity , whereby profit is derived from the patronage of the
   64  general public, is conducted on such park area or land, or any
   65  part thereof.
   66         (3)(a) An owner of an land or water area who enters into a
   67  written agreement concerning the area with leased to the state
   68  for outdoor recreational purposes owes no duty of care to keep
   69  that land or water area safe for entry or use by others, or to
   70  give warning to persons entering or going on that area land or
   71  water of any hazardous conditions, structures, or activities
   72  thereon. An owner who enters into a written agreement concerning
   73  the area with leases land or water area to the state for outdoor
   74  recreational purposes shall not by giving such lease:
   75         1. Is not be presumed to extend any assurance that the such
   76  land or water area is safe for any purpose;,
   77         2. Does not incur any duty of care toward a person who goes
   78  on the leased land or water area that is subject to the
   79  agreement;, or
   80         3. Is not become liable or responsible for any injury to
   81  persons or property caused by the act or omission of a person
   82  who goes on the leased land or water area that is subject to the
   83  agreement.
   84         (b) This subsection applies to all persons going on the
   85  area that is subject to the agreement, including invitees,
   86  licensees, and trespassers. The foregoing applies whether the
   87  person going on the leased land or water area is an invitee,
   88  licensee, trespasser, or otherwise.
   89         (4) This section act does not relieve any person of
   90  liability that which would otherwise exist for deliberate,
   91  willful, or malicious injury to persons or property. This
   92  section does not The provisions hereof shall not be deemed to
   93  create or increase the liability of any person.
   94         (5) As used in this section, the term:
   95         (a) “Area” includes land, water, and park areas.
   96         (b) “Outdoor recreational purposes” includes as used in
   97  this act shall include, but is not necessarily be limited to,
   98  hunting, fishing, wildlife viewing, swimming, boating, camping,
   99  picnicking, hiking, pleasure driving, nature study, water
  100  skiing, motorcycling, and visiting historical, archaeological,
  101  scenic, or scientific sites.
  102         Section 2. This act shall take effect July 1, 2012.