BILL SUMMARY DETAILS

Florida League of Cities

Liability of Persons Providing Areas for Public Outdoor Recreational Purposes (Watch)

CS/SB 920 (Bradley) amends current law which provides that a property owner who enters an agreement with a state agency for outdoor recreation purposes, where the agreement recognizes the agency is responsible for personal injury, loss or damage resulting from the agency’s use of the property under the terms of the agreement subject to the limitations of Section 768.28, Florida Statutes, owes no duty of care to keep the area safe for entry or use by others or to give warning of any hazardous conditions. The bill expands the definition of “state agency” to include any public entity created by law and revises the “outdoor recreation” purposes included within its scope to include traversing property for the purpose of ingress and egress to or from public lands that are used for outdoor recreation purposes. In addition, the bill creates an exception in which the owner of an area used for outdoor recreational purposes may derive revenue from concessions or special events and retain the liability protection provided by this statute if such revenue is used exclusively to maintain, manage and improve the outdoor recreational area. (O'Hara)