2015 Legislature                                          SB 158
    2         An act relating to the civil liability of farmers;
    3         amending s. 768.137, F.S.; providing that an existing
    4         exemption from civil liability for farmers who
    5         gratuitously allow a person to enter upon their land
    6         for the purpose of removing farm produce or crops left
    7         in the field applies at any time, rather than only
    8         after harvesting; revising exceptions to the
    9         exemption; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsections (2) and (3) of section 768.137,
   14  Florida Statutes, are amended to read:
   15         768.137 Definition; limitation of civil liability for
   16  certain farmers; exception.—
   17         (2) A Any farmer who gratuitously allows a person persons
   18  to enter upon the farmer’s her or his own land for the purpose
   19  of removing any farm produce or crops is remaining in the fields
   20  following the harvesting thereof, shall be exempt from civil
   21  liability arising out of any injury to, or the death of, such
   22  person due to resulting from the nature or condition of the such
   23  land or the nature, age, or condition of the any such farm
   24  produce or crops that are removed crop.
   25         (3) The exemption from civil liability provided for in this
   26  section does shall not apply if injury or death directly results
   27  from the gross negligence or, intentional act of the farmer, or
   28  from the farmer’s failure to warn of a dangerous condition of
   29  which the farmer has actual knowledge unless that condition
   30  would be obvious to a person entering upon the farmer’s land
   31  from known dangerous conditions not disclosed by the farmer.
   32         Section 2. This act shall take effect July 1, 2015.