The Florida Senate

768.075  Immunity from liability for injury to trespassers on real property.--A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for any civil damages for death of or injury or damage to a trespasser upon the property resulting from or arising by reason of the trespasser's commission of the offense of trespass as described in s. 810.08 or s. 810.09, when such trespasser was under the influence of alcoholic beverages with a blood-alcohol level of 0.10 percent or higher, when such trespasser was under the influence of any chemical substance set forth in s. 877.111, when such trespasser was illegally under the influence of any substance controlled under chapter 893, or if the trespasser is affected by any of the aforesaid substances to the extent that her or his normal faculties are impaired. For the purposes of this section, voluntary intoxication or impediment of faculties by use of alcohol or any of the aforementioned substances shall not excuse a party bringing an action or on whose behalf an action is brought from proving the elements of trespass. However, the person or organization owning or controlling the interest in real property shall not be immune from liability if gross negligence or willful and wanton misconduct on the part of such person or organization or agent thereof is a proximate cause of the death of or injury or damage to the trespasser.

History.--s. 1, ch. 90-140; s. 1161, ch. 97-102.