Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 920 Ì887138EÎ887138 LEGISLATIVE ACTION Senate . House Comm: RS . 03/25/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 12 - 49 4 and insert: 5 Section 1. Paragraph (c) of subsection (2) and subsections 6 (3) and (5) of section 375.251, Florida Statutes, are amended to 7 read: 8 375.251 Limitation on liability of persons making available 9 to public certain areas for recreational purposes without 10 charge.— 11 (2) 12 (c) The Legislature recognizes that an area offered for 13 outdoor recreational purposes may be subject to multiple uses. 14 The limitation of liability extended to an owner or lessee under 15 this subsection applies only if no charge is made for entry to 16 or use of the area for outdoor recreational purposes and no 17 other revenue is derived from patronage of the area for outdoor 18 recreational purposes, other than revenue from concessions or 19 special events which is used to maintain, manage, and improve 20 the recreational area. 21 (3)(a) An owner of an area who enters into a written 22 agreement concerning the area with athestate agency for 23 outdoor recreational purposes, where such agreement recognizes 24 that the state agency is responsible for personal injury, loss, 25 or damage resulting in whole or in part from the state agency’s 26state’suse of the area under the terms of the agreement subject 27 to the limitations and conditions specified in s. 768.28, owes 28 no duty of care to keep the area safe for entry or use by 29 others, or to give warning to persons entering or going on the 30 area of any hazardous conditions, structures, or activities 31 thereon. An owner who enters into a written agreement concerning 32 the area with athestate agency for outdoor recreational 33 purposes: 34 1. Is not presumed to extend any assurance that the area is 35 safe for any purpose; 36 2. Does not incur any duty of care toward a person who goes 37 on the area that is subject to the agreement; or 38 3. Is not liable or responsible for any injury to persons 39 or property caused by the act or omission of a person who goes 40 on the area that is subject to the agreement. 41 (b) This subsection applies to all persons going on the 42 area that is subject to the agreement, including invitees, 43 licensees, and trespassers. 44 (c) It is the intent of this subsection that an agreement 45 entered into pursuant to this subsection should not result in 46 compensation to the owner of the area above reimbursement of 47 reasonable costs or expenses associated with the agreement. An 48 agreement that provides for such does not subject the owner or 49 the state agency to liability even if the compensation exceeds 50 those costs or expenses. This paragraph applies only to 51 agreements executed after July 1, 2012. 52 (5) As used in this section, the term: 53 (a) “Area” includes land, water, and park areas, including 54 any privately funded park open to the public without an 55 admission fee or charge for entry during normal business hours. 56 57 ================= T I T L E A M E N D M E N T ================ 58 And the title is amended as follows: 59 Delete line 4 60 and insert: 61 amending s. 375.251, F.S.; revising legislative intent 62 regarding the applicability of limitation on 63 liability; expanding the applicability