Florida Senate - 2021 SB 920 By Senator Bradley 5-01103-21 2021920__ 1 A bill to be entitled 2 An act relating to liability of persons providing 3 areas for public outdoor recreational purposes; 4 amending s. 375.251, F.S.; limiting liability for 5 persons who enter into written agreements with state 6 agencies to provide areas for public outdoor 7 recreational purposes without charge; revising and 8 defining terms; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsections (3) and (5) of section 375.251, 13 Florida Statutes, are amended to read: 14 375.251 Limitation on liability of persons making available 15 to public certain areas for recreational purposes without 16 charge.— 17 (3)(a) An owner of an area who enters into a written 18 agreement concerning the area with a
thestate agency for 19 outdoor recreational purposes, where such agreement recognizes 20 that the state agency is responsible for personal injury, loss, 21 or damage resulting in whole or in part from the state agency’s 22 state’suse of the area under the terms of the agreement subject 23 to the limitations and conditions specified in s. 768.28, owes 24 no duty of care to keep the area safe for entry or use by 25 others, or to give warning to persons entering or going on the 26 area of any hazardous conditions, structures, or activities 27 thereon. An owner who enters into a written agreement concerning 28 the area with a thestate agency for outdoor recreational 29 purposes: 30 1. Is not presumed to extend any assurance that the area is 31 safe for any purpose; 32 2. Does not incur any duty of care toward a person who goes 33 on the area that is subject to the agreement; or 34 3. Is not liable or responsible for any injury to persons 35 or property caused by the act or omission of a person who goes 36 on the area that is subject to the agreement. 37 (b) This subsection applies to all persons going on the 38 area that is subject to the agreement, including invitees, 39 licensees, and trespassers. 40 (c) It is the intent of this subsection that an agreement 41 entered into pursuant to this subsection should not result in 42 compensation to the owner of the area above reimbursement of 43 reasonable costs or expenses associated with the agreement. An 44 agreement that provides for such does not subject the owner or 45 the state agency to liability even if the compensation exceeds 46 those costs or expenses. This paragraph applies only to 47 agreements executed after July 1, 2012. 48 (5) As used in this section, the term: 49 (a) “Area” includes land, water, and park areas. 50 (b) “Outdoor recreational purposes” includes, but is not 51 limited to, hunting, fishing, wildlife viewing, swimming, 52 boating, camping, picnicking, hiking, pleasure driving, nature 53 study, water skiing, motorcycling, andvisiting historical, 54 archaeological, scenic, or scientific sites, and traversing or 55 crossing for the purpose of ingress and egress to and from, and 56 access to and from, public lands or lands owned or leased by a 57 state agency which are used for outdoor recreational purposes. 58 (c) “State agency” means the state or any governmental or 59 public entity created by law. 60 Section 2. This act shall take effect July 1, 2021.