Florida Senate - 2021 CS for CS for SB 920
By the Committees on Rules; and Environment and Natural
Resources; and Senator Bradley
595-03399-21 2021920c2
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.; providing that owners may
5 not be subject to liability if they are generating
6 certain revenues and those revenues are used
7 exclusively for specified purposes; expanding the
8 applicability of the limitation of liability for
9 persons who provide areas to the public for outdoor
10 recreational purposes without charge; revising and
11 defining terms; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (c) of subsection (2) and subsections
16 (3) and (5) of section 375.251, Florida Statutes, are amended to
17 read:
18 375.251 Limitation on liability of persons making available
19 to public certain areas for recreational purposes without
20 charge.—
21 (2)
22 (c) The Legislature recognizes that an area offered for
23 outdoor recreational purposes may be subject to multiple uses.
24 The limitation of liability extended to an owner or lessee under
25 this subsection applies only if no charge is made for entry to
26 or use of the area for outdoor recreational purposes and no
27 other revenue is derived from patronage of the area for outdoor
28 recreational purposes. An owner may derive revenue from
29 concessions or special events but will only retain liability
30 protection under this subsection if such revenue is used
31 exclusively to maintain, manage, and improve the outdoor
32 recreational area.
33 (3)(a) An owner of an area who enters into a written
34 agreement concerning the area with a the state agency for
35 outdoor recreational purposes, where such agreement recognizes
36 that the state agency is responsible for personal injury, loss,
37 or damage resulting in whole or in part from the state agency’s
38 state’s use of the area under the terms of the agreement subject
39 to the limitations and conditions specified in s. 768.28, owes
40 no duty of care to keep the area safe for entry or use by
41 others, or to give warning to persons entering or going on the
42 area of any hazardous conditions, structures, or activities
43 thereon. An owner who enters into a written agreement concerning
44 the area with a the state agency for outdoor recreational
45 purposes:
46 1. Is not presumed to extend any assurance that the area is
47 safe for any purpose;
48 2. Does not incur any duty of care toward a person who goes
49 on the area that is subject to the agreement; or
50 3. Is not liable or responsible for any injury to persons
51 or property caused by the act or omission of a person who goes
52 on the area that is subject to the agreement.
53 (b) This subsection applies to all persons going on the
54 area that is subject to the agreement, including invitees,
55 licensees, and trespassers.
56 (c) It is the intent of this subsection that an agreement
57 entered into pursuant to this subsection should not result in
58 compensation to the owner of the area above reimbursement of
59 reasonable costs or expenses associated with the agreement. An
60 agreement that provides for such does not subject the owner or
61 the state agency to liability even if the compensation exceeds
62 those costs or expenses. This paragraph applies only to
63 agreements executed after July 1, 2012.
64 (5) As used in this section, the term:
65 (a) “Area” includes land, water, and park areas.
66 (b) “Outdoor recreational purposes” includes, but is not
67 limited to, hunting, fishing, wildlife viewing, swimming,
68 boating, camping, picnicking, hiking, pleasure driving, nature
69 study, water skiing, motorcycling, and visiting historical,
70 archaeological, scenic, or scientific sites, and traversing or
71 crossing for the purpose of ingress and egress to and from, and
72 access to and from, public lands or lands owned or leased by a
73 state agency which are used for outdoor recreational purposes.
74 (c) “State agency” means the state or any governmental or
75 public entity created by law.
76 Section 2. This act shall take effect July 1, 2021.