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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.