HB 1131

1	A bill to be entitled
2	An act relating to limitation on liability of water
3	management districts; amending s. 373.1395, F.S.; revising
4	provisions limiting the liability of water management
5	districts for damages that occur on specified areas of the
6	district; revising applicability of such provisions;
7	providing a definition; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (2) and (5) of section 373.1395,
12	Florida Statutes, are amended to read:
13	373.1395  Limitation on liability of water management
14	district with respect to areas made available to the public for
15	recreational purposes without charge.--
16	(2)(a)  Except as provided in subsection (4), a water
17	management district that provides the public with a park area or
18	other land or water area for outdoor recreational purposes, or
19	allows access over or the use of district or other lands or
20	water areas for recreational purposes, owes no duty of care to
21	keep that park area or land or water area safe for entry or use
22	by others or to give warning to persons entering or going on
23	that park area or land or water area of any hazardous
24	conditions, structures, or activities thereon. A water
25	management district that provides the public with a park area or
26	other land or water area for outdoor recreational purposes, or
27	allows access over or the use of district or other lands or
28	water areas, does not, by providing that park area or land or
29	water area, or by allowing access over or the use of district or
30	other lands or water areas, extend any assurance that such park
31	area or land or water area is safe for any purpose, does not
32	incur any duty of care toward a person who goes on that park
33	area or land or water area, and is not responsible for any
34	injury to persons or property caused by an act or omission of a
35	person who goes on that park area or land or water area.
36	(b)  This subsection applies to:
37	1.  Any person going on the park area or land or water
38	area, regardless of whether the person goes as an invitee,
39	licensee, trespasser, or otherwise.
40	2.  Parks, district or other lands, and water areas used by
41	the public for recreational activities, regardless of whether
42	the park, land, or water areas were made available to the public
43	or whether a person was engaged in a recreational activity at
44	the time of an accident or occurrence.
45	(c)  This subsection does not apply if:
46	1.  The water management district charges or usually
47	charges the public there is any charge made or usually made for
48	entering or using the park area or land or water area;, or
49	2.  if Any commercial or other activity from which profit
50	is derived from the patronage of the public is conducted,
51	excluding the sale of food, beverages, plants, and tee shirts,
52	or the activities of nonprofit organizations, on such park area
53	or land or any part thereof.
54	(5)  As used in this section, the term:
55	(a)  "Outdoor recreational purposes," as used in this
56	section, includes activities such as, but not limited to,
57	horseback riding, hunting, fishing, bicycling, swimming,
58	boating, camping, picnicking, hiking, pleasure driving, nature
59	study, water skiing, motorcycling, and visiting historical,
60	archaeological, scenic, or scientific sites.
61	(b)  "Park area or land or water area" includes, but is not
62	limited to, all park areas, district or other lands, rights-of-
63	way, or water areas that the water management district has a
64	property or other interest in or that the water management
65	district controls, possesses, or maintains.
66	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.