Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 920
       
       
       
       
       
       
                                Ì887138EÎ887138                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/25/2021           .                                
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       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 a the state 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
   26  state’s use 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 a the state 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