HB 313

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; providing that an owner
8	of an area who enters into a written agreement with
9	the state for the area to be used for outdoor
10	recreational purposes is entitled to certain
11	limitations on liability; deleting a requirement that
12	the area be leased to the state in order for the
13	limitations on liability to apply; defining the term
14	"area"; making technical and grammatical changes;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 375.251, Florida Statutes, is amended
20	to read:
21	375.251  Limitation on liability of persons making
22	available to public certain areas for recreational purposes
23	without charge.-
24	(1)  The purpose of this section act is to encourage
25	persons to make land, water areas, and park areas available to
26	the public land, water areas and park areas for outdoor
27	recreational purposes by limiting their liability to persons
28	using these areas going thereon and to third persons who may be
29	damaged by the acts or omissions of persons using these areas
30	going thereon.
31	(2)(a)  An owner or lessee who provides the public with an
32	a park area or other land for outdoor recreational purposes owes
33	no duty of care to keep that park area or land safe for entry or
34	use by others, or to give warning to persons entering or going
35	on that park area or land of any hazardous conditions,
36	structures, or activities on the area thereon. An owner or
37	lessee who provides the public with an a park area or other land
38	for outdoor recreational purposes shall not by providing that
39	park area or land:
40	1.  Is not be presumed to extend any assurance that the
41	such park area or land is safe for any purpose;,
42	2.  Does not incur any duty of care toward a person who
43	goes on the that park area or land;, or
44	3.  Is not Become liable or responsible for any injury to
45	persons or property caused by the act or omission of a person
46	who goes on the that park area or land.
47	(b)  Notwithstanding the inclusion of the term "public" in
48	this subsection and subsection (1), an owner or lessee who makes
49	available to any person an area primarily for the purposes of
50	hunting, fishing, or wildlife viewing is entitled to the
51	limitation on liability provided herein so long as the owner or
52	lessee gives notice of this provision to the person upon entry
53	to the area.
54	(c)(b)  The Legislature recognizes that an area offered for
55	outdoor recreational purposes may be subject to multiple uses.
56	The limitation of liability extended to an owner or lessee under
57	this subsection applies only if no charge is made for entry to
58	or use of the area for outdoor recreational purposes and no
59	other revenue is derived from patronage of the area for outdoor
60	recreational purposes. This section shall not apply if there is
61	any charge made or usually made for entering or using such park
62	area or land, or any part thereof, or if any commercial or other
63	activity , whereby profit is derived from the patronage of the
64	general public, is conducted on such park area or land, or any
65	part thereof.
66	(3)(a)  An owner of an land or water area who enters into a
67	written agreement concerning the area with leased to the state
68	for outdoor recreational purposes owes no duty of care to keep
69	the that land or water area safe for entry or use by others, or
70	to give warning to persons entering or going on the area that
71	land or water of any hazardous conditions, structures, or
72	activities thereon. An owner who enters into a written agreement
73	concerning the area with leases land or water area to the state
74	for outdoor recreational purposes shall not by giving such
75	lease:
76	1.  Is not be presumed to extend any assurance that the
77	such land or water area is safe for any purpose;,
78	2.  Does not incur any duty of care toward a person who
79	goes on the leased land or water area that is subject to the
80	agreement;, or
81	3.  Is not become liable or responsible for any injury to
82	persons or property caused by the act or omission of a person
83	who goes on the leased land or water area that is subject to the
84	agreement.
85	(b)  This subsection applies to all persons going on the
86	area that is subject to the agreement, including invitees,
87	licensees, and trespassers. The foregoing applies whether the
88	person going on the leased land or water area is an invitee,
89	licensee, trespasser, or otherwise.
90	(4)  This section act does not relieve any person of
91	liability that which would otherwise exist for deliberate,
92	willful, or malicious injury to persons or property. This
93	section does not The provisions hereof shall not be deemed to
94	create or increase the liability of any person.
95	(5)  As used in this section, the term:
96	(a)  "Area" includes land, water, and park areas.
97	(b)  "Outdoor recreational purposes" includes as used in
98	this act shall include, but is not necessarily be limited to,
99	hunting, fishing, wildlife viewing, swimming, boating, camping,
100	picnicking, hiking, pleasure driving, nature study, water
101	skiing, motorcycling, and visiting historical, archaeological,
102	scenic, or scientific sites.
103	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.