Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1078
       
       
       
       
       
       
                                Barcode 161060                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       The Committee on Judiciary (Baker) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 91 - 97
    4  and insert:
    5         (5) If a water management district has secured an easement
    6  or other right that is being used for the purpose of providing
    7  access through private land to lands or water areas that the
    8  water management district provides or makes available to the
    9  public for outdoor recreational purposes, the owner of the
   10  private land is covered by the liability protection provided in
   11  s. 375.251 with regard to the use of such easement by the
   12  general public or by employees and agents of the water
   13  management district or other regulatory agencies.
   14         (6)(4) This section does not relieve any water management
   15  district of any liability that would otherwise exist for gross
   16  negligence or a deliberate, willful, or malicious injury to a
   17  person or property. This section does not create or increase the
   18  liability of any water management district or person beyond that
   19  which is authorized by s. 768.28.
   20         (7)(5) The term “outdoor recreational purposes,” As used in
   21  
   22  
   23  ================= T I T L E  A M E N D M E N T ================
   24  And the title is amended as follows:
   25  
   26         Delete line 13
   27  and insert:
   28  
   29         accident or occurrence; providing liability protection
   30         to an owner of private land used as an easement or
   31         other right by a water management district for the
   32         purpose of providing access to lands or water areas
   33         that the water management district makes available to
   34         the public for outdoor recreational activities;
   35         defining the term “park area,