Florida Senate - 2014                      CS for CS for SB 1138
       
       
        
       By the Committees on Judiciary; and Agriculture; and Senator
       Evers
       
       
       
       
       590-03544-14                                          20141138c2
    1                        A bill to be entitled                      
    2         An act relating to the civil liability of farmers;
    3         amending s. 768.137, F.S.; expanding an existing
    4         exemption from civil liability for farmers who
    5         gratuitously allow a person to enter upon their land
    6         for the purpose of removing farm produce or crops left
    7         in the field after harvesting to include farmers who
    8         gratuitously allow a person to enter upon their land
    9         to remove any farm produce or crops; revising
   10         exceptions to the exemption from civil liability;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (2) and (3) of section 768.137,
   16  Florida Statutes, are amended to read:
   17         768.137 Definition; limitation of civil liability for
   18  certain farmers; exception.—
   19         (2) A Any farmer who gratuitously allows a person persons
   20  to enter upon the farmer’s her or his own land for the purpose
   21  of removing any farm produce or crops is remaining in the fields
   22  following the harvesting thereof, shall be exempt from civil
   23  liability:
   24         (a) Arising out of any injury or the death of such person
   25  due to resulting from the nature or condition of the such land;
   26  or
   27         (b) Arising out of any injury or death due to the nature,
   28  age, or condition of the any such farm produce or crops removed
   29  by such person crop.
   30         (3) The exemption from civil liability provided for in this
   31  section does shall not apply if injury or death directly results
   32  from the gross negligence or, intentional act of the farmer, or
   33  the failure of the farmer to warn of a dangerous condition of
   34  which the farmer has actual knowledge unless the dangerous
   35  condition would be obvious to a person entering upon the
   36  farmer’s land from known dangerous conditions not disclosed by
   37  the farmer.
   38         Section 2. This act shall take effect July 1, 2014.