Florida Senate - 2021                              CS for SB 920
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Bradley
       
       
       
       
       592-02134-21                                           2021920c1
    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.; expanding the applicability
    5         of the limitation of liability for persons who provide
    6         areas to the public for outdoor recreational purposes
    7         without charge; revising and defining terms; providing
    8         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 the state 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’s use 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 the state 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, and visiting 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.