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
thestate 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’suse 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 thestate 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, andvisiting 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.