| 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; providing a limitation on liability for owners |
| 7 | of private lands secured by water management districts for |
| 8 | specified purposes; revising applicability of such |
| 9 | provisions; providing a definition; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 373.1395, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 373.1395 Limitation on liability of water management |
| 17 | district with respect to areas made available to the public for |
| 18 | recreational purposes without charge.-- |
| 19 | (1) The purpose of this section is to encourage water |
| 20 | management districts to make available land, water areas, and |
| 21 | park areas to the public for outdoor recreational purposes by |
| 22 | limiting their liability to persons going thereon and to third |
| 23 | persons who may be damaged by the acts or omissions of persons |
| 24 | going thereon. |
| 25 | (2)(a) Except as provided in subsection (5) (4), a water |
| 26 | management district that provides the public with a park area or |
| 27 | other land or water area for outdoor recreational purposes, or |
| 28 | allows access over or the use of district or other lands or |
| 29 | water areas for recreational purposes, owes no duty of care to |
| 30 | keep that park area or land or water area safe for entry or use |
| 31 | by others or to give warning to persons entering or going on |
| 32 | that park area or land or water area of any hazardous |
| 33 | conditions, structures, or activities thereon. A water |
| 34 | management district that provides the public with a park area or |
| 35 | other land or water area for outdoor recreational purposes, or |
| 36 | allows access over or the use of district or other lands or |
| 37 | water areas, does not, by providing that park area or land or |
| 38 | water area, or by allowing access over or the use of district or |
| 39 | other lands or water areas, extend any assurance that such park |
| 40 | area or land or water area is safe for any purpose, does not |
| 41 | incur any duty of care toward a person who goes on that park |
| 42 | area or land or water area, and is not responsible for any |
| 43 | injury to persons or property caused by an act or omission of a |
| 44 | person who goes on that park area or land or water area. |
| 45 | (b) 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 water area or any part thereof. |
| 54 | (3)(a) Except as provided in subsection (5) (4), a water |
| 55 | management district that leases any land or water area to the |
| 56 | state for outdoor recreational purposes, or for access to |
| 57 | outdoor recreational purposes, owes no duty of care to keep that |
| 58 | land or water area safe for entry or use by others or to give |
| 59 | warning to persons entering or going on that land or water of |
| 60 | any hazardous conditions, structures, or activities thereon. A |
| 61 | water management district that leases a land or water area to |
| 62 | the state for outdoor recreational purposes does not, by giving |
| 63 | such lease, extend any assurance that such land or water area is |
| 64 | safe for any purpose, incur any duty of care toward a person who |
| 65 | goes on the leased land or water area, and is not responsible |
| 66 | for any injury to persons or property caused by an act or |
| 67 | omission of a person who goes on the leased land or water area. |
| 68 | (b) This subsection applies to any person going on the |
| 69 | leased land or water area whether the person goes as an invitee, |
| 70 | licensee, trespasser, or otherwise. |
| 71 | (4) Where a water management district has secured an |
| 72 | easement, or other right, that is being used for the purpose of |
| 73 | providing access through private land to lands that the water |
| 74 | management district provides or makes available to the public |
| 75 | for outdoor recreational purposes, the owner of the private land |
| 76 | shall be covered by the liability protection provided in s. |
| 77 | 375.251 with regard to the use of such easement by the general |
| 78 | public or by employees and agents of the water management |
| 79 | district or other regulatory agencies. |
| 80 | (5)(4) This section does not relieve any water management |
| 81 | district of any liability that would otherwise exist for gross |
| 82 | negligence or a deliberate, willful, or malicious injury to a |
| 83 | person or property. This section does not create or increase the |
| 84 | liability of any water management district or person beyond that |
| 85 | which is authorized by s. 768.28. |
| 86 | (6) This section applies to: |
| 87 | (a) Any person going on the park area or land or water |
| 88 | area, regardless of whether the person goes as an invitee, |
| 89 | licensee, trespasser, or otherwise. |
| 90 | (b) Parks, district or other lands, and water areas used |
| 91 | by the public for recreational activities, regardless of whether |
| 92 | the park areas or land or water areas were made available to the |
| 93 | public or whether a person was engaged in a recreational |
| 94 | activity at the time of an accident or occurrence. |
| 95 | (7)(5) As used in this section, the term: |
| 96 | (a) "Outdoor recreational purposes," as used in this |
| 97 | section, includes activities such as, but not limited to, |
| 98 | horseback riding, hunting, fishing, bicycling, swimming, |
| 99 | boating, camping, picnicking, hiking, pleasure driving, nature |
| 100 | study, water skiing, motorcycling, and visiting historical, |
| 101 | archaeological, scenic, or scientific sites. |
| 102 | (b) "Park area or land or water area" includes, but is not |
| 103 | limited to, all park areas, district or other lands, rights-of- |
| 104 | way, or water areas that the water management district has a |
| 105 | property or other interest in or that the water management |
| 106 | district controls, possesses, or maintains. |
| 107 | Section 2. This act shall take effect July 1, 2009. |