Senate Bill sb2524

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    Florida Senate - 2003                                  SB 2524

    By Senator Lawson





    6-1170-03

  1                      A bill to be entitled

  2         An act relating to the Florida Trail Program;

  3         amending s. 334.044; creating s. 334.352, F.S.;

  4         providing for the planning, acquisition, lease,

  5         construction, and maintenance of the trail by

  6         the Department of Transportation; limiting

  7         liability of landowners for injuries resulting

  8         from third-party use of trail land for

  9         specified activities and purposes; providing

10         for a landowner to be indemnified for injury or

11         damage, providing for funding; providing an

12         effective date.

13  

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

15  

16         Section 1.  Subsection (32) is added to section

17  334.044, Florida Statutes, to read:

18         334.044  Department; powers and duties.--The department

19  shall have the following general powers and duties:

20         (32)  To plan, acquire, lease, construct, and maintain

21  the Florida Trail pursuant to s. 334.352.

22         Section 2.  Section 334.352, Florida Statutes, is

23  created to read:

24         334.352  Florida Trail Program.--

25         (1)  There is established within the department the

26  Florida Trail Program to facilitate the establishment of a

27  1,300 mile system of trails in this state. Such trails shall

28  be acquired by written consent of landowners or pursuant to

29  the department's authority under s. 344.044(6) using the

30  process provided in chapter 74 after exhaustion of other

31  

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    Florida Senate - 2003                                  SB 2524
    6-1170-03




 1  alternative means as provided in s. 73.015. Identification of

 2  lands in such information may not:

 3         (a)  Require or empower any local government or state

 4  agency, to impose additional or more restrictive

 5  environmental, land-use, or zoning regulations;

 6         (b)  Be construed or cited as authority to adopt,

 7  enforce, or amend any environmental rule or regulation; any

 8  goals, policies, or objectives of the comprehensive plan; or

 9  any zoning or land-use ordinance; or

10         (c)  Be used as the basis for permit denial, imposition

11  of any permit condition, or application of any rule or

12  regulation.

13         (2)  The department may appropriate a right-of-way with

14  a minimum width of 3 feet.

15         (3)(a)  A private landowner whose land is designated as

16  part of the Florida Trail Program, including a person holding

17  a subservient interest, owes no duty of care to keep that land

18  safe for entry or use by others or to give warning to persons

19  entering that land of any hazardous conditions, structures, or

20  activities thereon. Such landowner:

21         1.  Is not presumed to extend any assurance that the

22  land is safe for any purpose;

23         2.  Does not incur any duty of care toward a person who

24  goes on the land; and

25         3.  Is not liable for any injury to persons or property

26  caused by the act or omission of a person who goes on the

27  land.

28         (b)  Paragraph (a) applies to invitees, licensees,

29  trespassers, or any others who go on the designated trail.

30         (4)  A private landowner who consents to the

31  designation of his or her land as part of the Florida Trail

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    Florida Senate - 2003                                  SB 2524
    6-1170-03




 1  Program without compensation is a volunteer, as defined in s.

 2  110.501, and covered by state liability protection pursuant to

 3  s. 768.28.

 4         (5)(a)  Subsection (3) does not apply if the landowner

 5  charges a fee to enter upon or use any part of the land

 6  designated as a trial, or if any commercial or other activity

 7  that generates profit for the landowner from the patronage of

 8  the general public is conducted on the land designated for the

 9  trail.

10         (b)  Incentives granted by a governmental unit to a

11  private landowner, including tax incentives, grants, or other

12  financial consideration specific to the development or

13  management of designated trails, is not a charge or profit

14  under paragraph (a).

15         (6)  Subsection (3) also applies to adjacent land owned

16  by a private landowner who consents to designation of a trail,

17  if such adjacent land is accessed through the land so

18  designated.

19         (7)(a)  When a private landowner agrees to make land

20  available for public use as a designated trail, the department

21  shall post notices along the boundary of the trail which

22  inform the public that the land adjacent to the trail is

23  private property and that unauthorized entry is prohibited and

24  constitutes trespassing.

25         (b)  Such notices must comply with s. 810.011(5) and

26  constitute a warning to unauthorized persons to remain off the

27  private property and not to depart from the designated trail.

28  A person who commits an unauthorized entry commits a trespass

29  as provided in s. 810.09.

30         (8)  If agreed to by the department and the landowner

31  in the designation agreement, a landowner whose land is

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    Florida Senate - 2003                                  SB 2524
    6-1170-03




 1  designated as part of the statewide system of trails shall be

 2  indemnified for:

 3         (a)  Any injury or damage incurred by a third party

 4  arising out of the use of the designated trail;

 5         (b)  Any injury or damage incurred by a third party on

 6  lands adjacent to and accessed through the designated trail;

 7  and

 8         (c)  Any damage to the landowner's property, including

 9  land adjacent to and accessed through the designated trail,

10  caused by the act or omission of a third person resulting from

11  any use of the land so designated.

12         (9)  This section does not relieve any person of

13  liability that would otherwise exist for deliberate, willful,

14  or malicious injury to persons or property, nor does it create

15  or increase the liability of any person.

16         (10)  The department may accept state and federal

17  funds, grants, and donations of property, labor, or other

18  things of value from any public or private source which are

19  bequests for purposes of the trail.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Creates the Florida Trail Program within the Department
      of Transportation. Provides powers and duties of the
26    department in acquiring land for the trail.

27  

28  

29  

30  

31  

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