House Bill hb1065

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    Florida House of Representatives - 2002                HB 1065

        By Representative Machek






  1                      A bill to be entitled

  2         An act relating to the Lake Worth Drainage

  3         District, Palm Beach County; amending section 2

  4         of chapter 98-525, Laws of Florida; providing a

  5         limitation of the district's liability from

  6         third-party use of district lands,

  7         rights-of-way, works, and easements for

  8         authorized, permitted, or licensed activities

  9         or facilities or for outdoor recreational

10         purposes; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Sections 23, 24, and 25 of section 2 of

15  chapter 98-525, Laws of Florida, are renumbered as sections

16  24, 25, and 26, respectively, and a new section 23 is added to

17  said section to read:

18         Section 23.  District liability.--The provisions of

19  chapter 298, Florida Statutes, and applicable local laws to

20  the contrary notwithstanding, the following provisions control

21  with respect to the liability of the Lake Worth Drainage

22  District to persons using the district's lands, rights-of-way,

23  works, or easements for authorized, permitted, or licensed

24  activities or facilities, or outdoor recreational purposes:

25         (1)  Except as provided in subsection (3), when the

26  Lake Worth Drainage District, individually or jointly with

27  another agency of government, authorizes, permits, or licenses

28  activities or facilities within district rights-of-way or

29  works, or lands over which the Lake Worth Drainage District

30  has a legally established easement right, thereby allowing

31  access to, or use of, such lands, rights-of-way, works, or

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    Florida House of Representatives - 2002                HB 1065

    779-111-02






  1  easements for such purposes or for outdoor recreational

  2  purposes, the Lake Worth Drainage District shall not be liable

  3  for personal injury or damages that may occur as a result of

  4  such authorized, permitted, or licensed activities or from the

  5  use of such authorized, permitted, or licensed facilities.

  6         (2)  Except as provided in subsection (3), when the

  7  Lake Worth Drainage District's lands, rights-of-way, works, or

  8  easements are used or accessed by the public for authorized,

  9  permitted, or licensed activities or facilities, or for

10  outdoor recreational purposes, it owes no duty of care to keep

11  those lands, rights-of-way, works, or easements safe for entry

12  or use by others or to give warning to persons entering or

13  going onto those lands, rights-of-way, works, or easements of

14  any hazardous conditions, structures, or activities thereon.

15  When the Lake Worth Drainage District's lands, rights-of-way,

16  works, or easements are used or accessed by the public for

17  authorized, permitted, or licensed activities or facilities,

18  or for outdoor recreational purposes, the district does not by

19  providing those lands, rights-of-way, works, or easements

20  extend any assurance that such lands, rights-of-way, works, or

21  easements are safe for any purpose, does not incur any duty of

22  care toward a person who goes onto those lands, rights-of-way,

23  works, or easements, and is not responsible for any injury to

24  persons or property caused by an act or omission of a person

25  who goes onto those lands, rights-of-way, works, or easements.

26         (3)  This section does not relieve the Lake Worth

27  Drainage District of any liability that would otherwise exist

28  for gross negligence or a deliberate, willful, or malicious

29  injury to a person or property. This section does not create

30  or increase the liability of the Lake Worth Drainage District

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    Florida House of Representatives - 2002                HB 1065

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  1  or any person beyond that which is authorized by section

  2  768.28, Florida Statutes.

  3         (4)  The term "outdoor recreational purposes," as used

  4  in this section, includes activities such as, but not limited

  5  to, horseback riding, hunting, fishing, bicycling, swimming,

  6  boating, camping, picnicking, hiking, pleasure driving, nature

  7  study, water skiing, motorcycling, and visiting historical,

  8  archaeological, scenic, or scientific sites.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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