Florida Senate - 2009                      CS for CS for SB 1078
       
       
       
       By the Committees on General Government Appropriations; and
       Judiciary; and Senator Baker
       
       
       
       601-05037-09                                          20091078c2
    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 an outdoor recreational purpose at the time
   13         of an accident or occurrence; providing liability
   14         protection to an owner of private land used as an
   15         easement or other right by a water management district
   16         for the purpose of providing access to lands or water
   17         areas that the water management district makes
   18         available to the public for outdoor recreational
   19         activities; defining the term “park area, district or
   20         other lands, or water areas”; providing an effective
   21         date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 373.1395, Florida Statutes, is amended
   26  to read:
   27         373.1395 Limitation on liability of water management
   28  district with respect to areas made available to the public for
   29  recreational purposes without charge.—
   30         (1) The purpose of this section is to encourage water
   31  management districts to make available land, water areas, and
   32  park areas to the public for outdoor recreational purposes by
   33  limiting their liability to persons going thereon and to third
   34  persons who may be damaged by the acts or omissions of persons
   35  going thereon.
   36         (2) Except as provided in subsection (6) (4), a water
   37  management district that provides the public with a park area or
   38  other land or water area for outdoor recreational purposes, or
   39  allows access over or the use of district or other lands or
   40  water areas for recreational purposes, owes no duty of care to
   41  keep that park area, district or other lands, or water areas
   42  land safe for entry or use by others or to give warning to
   43  persons entering or going on that park area, district or other
   44  lands, or water areas land of any hazardous conditions,
   45  structures, or activities thereon. A water management district
   46  that provides the public with a park area, district or other
   47  lands, or water areas land for outdoor recreational purposes, or
   48  that allows access over or the use of a park area, district or
   49  other lands, or water areas, does not, by providing that park
   50  area, district or other lands, or water areas or by allowing
   51  access over or the use of that park area, district or other
   52  lands, or water areas or land, extend any assurance that such
   53  park area, district or other lands, or water areas are or land
   54  is safe for any purpose, does not incur any duty of care toward
   55  a person who goes on that park area, district or other lands, or
   56  water areas or land, and is not responsible for any injury to
   57  persons or property caused by an act or omission of a person who
   58  goes on that park area, district or other lands, or water areas
   59  or land. This subsection does not apply if there is any charge
   60  made or usually made for entering or using the park area,
   61  district or other lands, or water areas or land, or if any
   62  commercial or other activity from which profit is derived from
   63  the patronage of the public, excluding the temporary sale of
   64  food, beverages, plants, or tee shirts at temporary special
   65  events or nonprofit organizational activities associated with
   66  temporary special events, is conducted on such park area,
   67  district or other lands, or water areas or land or any part
   68  thereof.
   69         (3)(a)This section applies to any park area, district or
   70  other lands, or water areas whether the person goes on as an
   71  invitee, licensee, or trespasser or otherwise.
   72         (b)The protections, immunities, and limitations of
   73  liability provided in this section to water management districts
   74  apply regardless of whether any claimant or person was engaged
   75  in an outdoor recreational purpose at the time of an accident or
   76  occurrence and applies to park areas, district or other lands,
   77  and water areas actually used by the public for recreational
   78  activities regardless of whether the park area, district or
   79  other lands, or water areas were made available to the public at
   80  the time of the accident or occurrence.
   81         (4)(3)(a) Except as provided in subsection (6) (4), a water
   82  management district that leases any land or water area to the
   83  state for outdoor recreational purposes, or for access to
   84  outdoor recreational purposes, owes no duty of care to keep that
   85  land or water area safe for entry or use by others or to give
   86  warning to persons entering or going on that land or water of
   87  any hazardous conditions, structures, or activities thereon. A
   88  water management district that leases a land or water area to
   89  the state for outdoor recreational purposes does not, by giving
   90  such lease, extend any assurance that such land or water area is
   91  safe for any purpose, incur any duty of care toward a person who
   92  goes on the leased land or water area, and is not responsible
   93  for any injury to persons or property caused by an act or
   94  omission of a person who goes on the leased land or water area.
   95         (b) This subsection applies to any person going on the
   96  leased land or water area whether the person goes as an invitee,
   97  licensee, trespasser, or otherwise.
   98         (5)If a water management district has secured an easement
   99  or other right that is being used for the purpose of providing
  100  access through private land to lands or water areas that the
  101  water management district provides or makes available to the
  102  public for outdoor recreational purposes, the owner of the
  103  private land is covered by the liability protection provided in
  104  s. 375.251 with regard to the use of such easement by the
  105  general public or by employees and agents of the water
  106  management district or other regulatory agencies.
  107         (6)(4) This section does not relieve any water management
  108  district of any liability that would otherwise exist for gross
  109  negligence or a deliberate, willful, or malicious injury to a
  110  person or property. This section does not create or increase the
  111  liability of any water management district or person beyond that
  112  which is authorized by s. 768.28.
  113         (7)(5)The term “outdoor recreational purposes,” As used in
  114  this section, the term:
  115         (a)“Outdoor recreational purposes” includes activities
  116  such as, but not limited to, horseback riding, hunting, fishing,
  117  bicycling, swimming, boating, camping, picnicking, hiking,
  118  pleasure driving, nature study, water skiing, motorcycling, and
  119  visiting historical, archaeological, scenic, or scientific
  120  sites.
  121         (b)“Park area, district or other lands, or water areas”
  122  includes, but is not limited to, all park areas, district or
  123  other land, right of ways, and water areas that the water
  124  management district controls, possesses, or maintains, or in
  125  which the water management district has a property or other
  126  interest, whether in fee simple, easement, leasehold, contract,
  127  memorandum of understanding, or otherwise.
  128         Section 2. This act shall take effect July 1, 2009.