Bill Text: FL S0802 | 2012 | Regular Session | Comm Sub

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Bill Title: Premises Liability

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-03-07 - Laid on Table, refer to CS/CS/HB 313 -SJ 915 [S0802 Detail]

Download: Florida-2012-S0802-Comm_Sub.html

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       Florida Senate - 2012                       CS for CS for SB 802
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Judiciary; and Environmental Preservation and
       Conservation
       
       
       601-04283-12                                           2012802c2
    1                        A bill to be entitled                      
    2         An act relating to premises liability; amending s.
    3         375.251, F.S.; providing that an owner or lessee who
    4         makes an area available to another person for hunting,
    5         fishing, or wildlife viewing is entitled to certain
    6         limitations on liability if notice is provided to a
    7         person upon entry to the area or is posted
    8         conspicuously on the area; providing that an owner of
    9         an area who enters into a written agreement with the
   10         state for the area to be used for outdoor recreational
   11         purposes is entitled to certain limitations on
   12         liability; deleting a requirement that the area be
   13         leased to the state in order for the limitations on
   14         liability to apply; defining the term “area”; making
   15         technical and grammatical changes; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 375.251, Florida Statutes, is amended to
   21  read:
   22         375.251 Limitation on liability of persons making available
   23  to public certain areas for recreational purposes without
   24  charge.—
   25         (1) The purpose of this section act is to encourage persons
   26  to make land, water areas, and park areas available to the
   27  public land, water areas and park areas for outdoor recreational
   28  purposes by limiting their liability to persons using these
   29  areas going thereon and to third persons who may be damaged by
   30  the acts or omissions of persons using these areas going
   31  thereon.
   32         (2)(a) An owner or lessee who provides the public with an a
   33  park area or other land for outdoor recreational purposes owes
   34  no duty of care to keep that park area or land safe for entry or
   35  use by others, or to give warning to persons entering or going
   36  on that park area or land of any hazardous conditions,
   37  structures, or activities on the area thereon. An owner or
   38  lessee who provides the public with an a park area or other land
   39  for outdoor recreational purposes shall not by providing that
   40  park area or land:
   41         1. Is not be presumed to extend any assurance that the such
   42  park area or land is safe for any purpose;,
   43         2. Does not incur any duty of care toward a person who goes
   44  on that park area or land;, or
   45         3. Is not Become liable or responsible for any injury to
   46  persons or property caused by the act or omission of a person
   47  who goes on that park area or land.
   48         (b) Notwithstanding the inclusion of the term “public” in
   49  this subsection and subsection (1), an owner or lessee who makes
   50  available to any person an area primarily for the purposes of
   51  hunting, fishing, or wildlife viewing is entitled to the
   52  limitation on liability provided in this subsection so long as
   53  the owner or lessee provides written notice of the limitation on
   54  liability to the person before or at the time of the person’s
   55  entry on the area or posts notice of the limitation of liability
   56  conspicuously on the area.
   57         (c)(b) The Legislature recognizes that an area offered for
   58  outdoor recreational purposes may be subject to multiple uses.
   59  The limitation of liability extended to an owner or lessee under
   60  this subsection applies only if no charge is made for entry to
   61  or use of the area for outdoor recreational purposes and no
   62  other revenue is derived from patronage of the area for outdoor
   63  recreational purposes. This section shall not apply if there is
   64  any charge made or usually made for entering or using such park
   65  area or land, or any part thereof, or if any commercial or other
   66  activity , whereby profit is derived from the patronage of the
   67  general public, is conducted on such park area or land, or any
   68  part thereof.
   69         (3)(a) An owner of an land or water area who enters into a
   70  written agreement concerning the area with leased to the state
   71  for outdoor recreational purposes where such agreement
   72  recognizes that the state is responsible for personal injury,
   73  loss, or damage resulting in whole or in part from the state’s
   74  use of the area under the terms of the agreement subject to the
   75  limitations and conditions specified in s. 768.28 owes no duty
   76  of care to keep that land or water area safe for entry or use by
   77  others, or to give warning to persons entering or going on that
   78  area land or water of any hazardous conditions, structures, or
   79  activities thereon. An owner who enters into such a written
   80  agreement concerning the area with leases land or water area to
   81  the state for outdoor recreational purposes shall not by giving
   82  such lease:
   83         1. Is not be presumed to extend any assurance that the such
   84  land or water area is safe for any purpose;,
   85         2. Does not incur any duty of care toward a person who goes
   86  on the leased land or water area that is subject to the
   87  agreement;, or
   88         3. Is not become liable or responsible for any injury to
   89  persons or property caused by the act or omission of a person
   90  who goes on the leased land or water area that is subject to the
   91  agreement.
   92         (b) This subsection applies to all persons going on the
   93  area that is subject to the agreement, including invitees,
   94  licensees, and trespassers. The foregoing applies whether the
   95  person going on the leased land or water area is an invitee,
   96  licensee, trespasser, or otherwise.
   97         (c) It is the intent of this subsection that an agreement
   98  entered into pursuant to this subsection should not result in
   99  compensation to the owner of the area above reimbursement of
  100  reasonable costs or expenses associated with the agreement. An
  101  agreement that provides for such does not subject the owner or
  102  the state to liability even if the compensation exceeds those
  103  costs or expenses. This paragraph applies only to agreements
  104  executed on or after July 1, 2012.
  105         (4) This section act does not relieve any person of
  106  liability that which would otherwise exist for deliberate,
  107  willful, or malicious injury to persons or property. This
  108  section does not The provisions hereof shall not be deemed to
  109  create or increase the liability of any person.
  110         (5) As used in this section, the term:
  111         (a) “Area” includes land, water, and park areas.
  112         (b) “Outdoor recreational purposes” includes as used in
  113  this act shall include, but is not necessarily be limited to,
  114  hunting, fishing, wildlife viewing, swimming, boating, camping,
  115  picnicking, hiking, pleasure driving, nature study, water
  116  skiing, motorcycling, and visiting historical, archaeological,
  117  scenic, or scientific sites.
  118         Section 2. This act shall take effect July 1, 2012.