The Florida Senate

373.1395  Limitation on liability of water management district with respect to areas made available to the public for recreational purposes without charge.--

(1)  The purpose of this section is to encourage water management districts to make available land, water areas, and park areas to the public for outdoor recreational purposes by limiting their liability to persons going thereon and to third persons who may be damaged by the acts or omissions of persons going thereon.

(2)  Except as provided in subsection (4), a water management district that provides the public with a park area or other land for outdoor recreational purposes, or allows access over district lands for recreational purposes, owes no duty of care to keep that park area or land safe for entry or use by others or to give warning to persons entering or going on that park area or land of any hazardous conditions, structures, or activities thereon. A water management district that provides the public with a park area or other land for outdoor recreational purposes does not, by providing that park area or land, extend any assurance that such park area or land is safe for any purpose, does not incur any duty of care toward a person who goes on that park area or land, and is not responsible for any injury to persons or property caused by an act or omission of a person who goes on that park area or land. This subsection does not apply if there is any charge made or usually made for entering or using the park area or land, or if any commercial or other activity from which profit is derived from the patronage of the public is conducted on such park area or land or any part thereof.

(3)(a)  Except as provided in subsection (4), a water management district that leases any land or water area to the state for outdoor recreational purposes, or for access to outdoor recreational purposes, owes no duty of care to keep that land or water area safe for entry or use by others or to give warning to persons entering or going on that land or water of any hazardous conditions, structures, or activities thereon. A water management district that leases a land or water area to the state for outdoor recreational purposes does not, by giving such lease, extend any assurance that such land or water area is safe for any purpose, incur any duty of care toward a person who goes on the leased land or water area, and is not responsible for any injury to persons or property caused by an act or omission of a person who goes on the leased land or water area.

(b)  This subsection applies to any person going on the leased land or water area whether the person goes as an invitee, licensee, trespasser, or otherwise.

(4)  This section does not relieve any water management district of any liability that would otherwise exist for gross negligence or a deliberate, willful, or malicious injury to a person or property. This section does not create or increase the liability of any water management district or person beyond that which is authorized by s. 768.28.

(5)  The term "outdoor recreational purposes," as used in this section, includes activities such as, but not limited to, horseback riding, hunting, fishing, bicycling, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites.

History.--s. 12, ch. 92-288; s. 1, ch. 94-144; s. 7, ch. 94-240; s. 1007, ch. 95-148.