Florida Senate - 2009 CS for SB 1078
By the Committee on Judiciary; and Senator Baker
590-03447A-09 20091078c1
1 A bill to be entitled
2 An act relating to the limitation of liability of
3 water management districts; amending s. 373.1395,
4 F.S.; applying the limitation of liability of a water
5 management district to the water areas of the
6 district; providing that certain commercial activities
7 do not terminate the limitation of liability of a
8 water management district; providing that the
9 protections, immunities, and limitations of liability
10 provided to a water management district apply
11 regardless of whether any claimant or person was
12 engaged in a recreational activity at the time of an
13 accident or occurrence; providing liability protection
14 to an owner of private land used as an easement or
15 other right by a water management district for the
16 purpose of providing access to lands or water areas
17 that the water management district makes available to
18 the public for outdoor recreational activities;
19 defining the term “park area, district or other lands,
20 or water areas”; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 373.1395, Florida Statutes, is amended
25 to read:
26 373.1395 Limitation on liability of water management
27 district with respect to areas made available to the public for
28 recreational purposes without charge.—
29 (1) The purpose of this section is to encourage water
30 management districts to make available land, water areas, and
31 park areas to the public for outdoor recreational purposes by
32 limiting their liability to persons going thereon and to third
33 persons who may be damaged by the acts or omissions of persons
34 going thereon.
35 (2) Except as provided in subsection (6) (4), a water
36 management district that provides the public with a park area or
37 other land or water area for outdoor recreational purposes, or
38 allows access over or the use of district or other lands or
39 water areas for recreational purposes, owes no duty of care to
40 keep that park area, district or other lands, or water areas
41 land safe for entry or use by others or to give warning to
42 persons entering or going on that park area, district or other
43 lands, or water areas land of any hazardous conditions,
44 structures, or activities thereon. A water management district
45 that provides the public with a park area, district or other
46 lands, or water areas land for outdoor recreational purposes, or
47 that allows access over or the use of a park area, district or
48 other lands, or water areas, does not, by providing that park
49 area, district or other lands, or water areas or by allowing
50 access over or the use of that park area, district or other
51 lands, or water areas or land, extend any assurance that such
52 park area, district or other lands, or water areas are or land
53 is safe for any purpose, does not incur any duty of care toward
54 a person who goes on that park area, district or other lands, or
55 water areas or land, and is not responsible for any injury to
56 persons or property caused by an act or omission of a person who
57 goes on that park area, district or other lands, or water areas
58 or land. This subsection does not apply if there is any charge
59 made or usually made for entering or using the park area,
60 district or other lands, or water areas or land, or if any
61 commercial or other activity from which profit is derived from
62 the patronage of the public, excluding the temporary sale of
63 food, beverages, plants, or tee shirts at temporary special
64 events or nonprofit organizational activities associated with
65 temporary special events, is conducted on such park area,
66 district or other lands, or water areas or land or any part
67 thereof.
68 (3)(a) This section applies to any park area, district or
69 other lands, or water areas whether the person goes on as an
70 invitee, licensee, or trespasser or otherwise.
71 (b) The protections, immunities, and limitations of
72 liability provided in this section to water management districts
73 apply regardless of whether any claimant or person was engaged
74 in a recreational activity at the time of an accident or
75 occurrence and applies to park areas, district or other lands,
76 and water areas actually used by the public for recreational
77 activities regardless of whether the park area, district or
78 other lands, or water areas were made available to the public at
79 the time of the accident or occurrence.
80 (4)(3)(a) Except as provided in subsection (6) (4), a water
81 management district that leases any land or water area to the
82 state for outdoor recreational purposes, or for access to
83 outdoor recreational purposes, owes no duty of care to keep that
84 land or water area safe for entry or use by others or to give
85 warning to persons entering or going on that land or water of
86 any hazardous conditions, structures, or activities thereon. A
87 water management district that leases a land or water area to
88 the state for outdoor recreational purposes does not, by giving
89 such lease, extend any assurance that such land or water area is
90 safe for any purpose, incur any duty of care toward a person who
91 goes on the leased land or water area, and is not responsible
92 for any injury to persons or property caused by an act or
93 omission of a person who goes on the leased land or water area.
94 (b) This subsection applies to any person going on the
95 leased land or water area whether the person goes as an invitee,
96 licensee, trespasser, or otherwise.
97 (5) If a water management district has secured an easement
98 or other right that is being used for the purpose of providing
99 access through private land to lands or water areas that the
100 water management district provides or makes available to the
101 public for outdoor recreational purposes, the owner of the
102 private land is covered by the liability protection provided in
103 s. 375.251 with regard to the use of such easement by the
104 general public or by employees and agents of the water
105 management district or other regulatory agencies.
106 (6)(4) This section does not relieve any water management
107 district of any liability that would otherwise exist for gross
108 negligence or a deliberate, willful, or malicious injury to a
109 person or property. This section does not create or increase the
110 liability of any water management district or person beyond that
111 which is authorized by s. 768.28.
112 (7)(5) The term “outdoor recreational purposes,” As used in
113 this section, the term:
114 (a) “Outdoor recreational purposes” includes activities
115 such as, but not limited to, horseback riding, hunting, fishing,
116 bicycling, swimming, boating, camping, picnicking, hiking,
117 pleasure driving, nature study, water skiing, motorcycling, and
118 visiting historical, archaeological, scenic, or scientific
119 sites.
120 (b) “Park area, district or other lands, or water areas”
121 includes, but is not limited to, all park areas, district or
122 other land, right of ways, and water areas that the water
123 management district controls, possesses, or maintains, or in
124 which the water management district has a property or other
125 interest, whether in fee simple, easement, leasehold, contract,
126 memorandum of understanding, or otherwise.
127 Section 2. This act shall take effect July 1, 2009.