The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 920
INTRODUCER: Rules Committee; Environment and Natural Resources Committee; and Senator Bradley
SUBJECT: Liability of Persons Providing Areas for Public Outdoor Recreational Purposes
DATE: March 25, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schreiber Rogers EN Fav/CS
2. Ravelo Cibula JU Favorable
3. Schreiber Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 920 expands the circumstances in which a state agency may accept responsibility for
any injury, loss, or damage that occurs on private property to members of the public. Under
existing law, a state agency may accept this responsibility as part of an agreement with a private
landowner which allows for public access to the owner’s land for outdoor recreational purposes.
Under the bill, a state agency may agree to accept liability for scenarios where members of the
public cross private land to access public lands for outdoor recreational purposes. This would
include, for example, a state agency entering into an agreement to allow members of the public
to cross through private property in order to enter a state park.
The bill creates an exception where an owner of an area used for outdoor recreational purposes
may derive revenue from concessions or special events and retain liability protection if such
revenue is used exclusively to maintain, manage, and improve the outdoor recreational area.
The bill takes effect July 1, 2021.
BILL: CS/CS/SB 920 Page 2
II. Present Situation:
Limitation of Liability for Persons Making Areas Available to the Public for Outdoor
Recreational Purposes
Under general legal principles of premises liability, a property owner or occupier may be found
negligent based on a duty to maintain the property in a reasonably safe condition or a duty to
warn of dangerous conditions known to the owner or occupier that are not readily apparent. 1
Section 375.251, F.S., also known as the Florida Recreational Use Statute,2 provides a limitation
of liability to encourage persons to make land, water areas, and park areas available to the public
for recreational purposes.3 Under the statute, an owner or lessee who provides the public with an
area4 for outdoor recreational purposes5 owes no duty of care to keep the area safe for entry or
use by others, or to give warning to persons entering the area of any hazardous conditions,
structures, or activities on the area.6 An owner or lessee who provides the public with an area for
outdoor recreational purposes:
 Is not presumed to extend any assurance that the area is safe for any purpose;
 Does not incur any duty of care toward a person who goes on the area; or
 Is not liable or responsible for any injury to persons or property caused by the act or omission
of a person who goes on the area.7
This limitation of liability applies only if no charge is made for entry to or use of the area for
outdoor recreational purposes and no other revenue is derived from patronage of the area for
outdoor recreational purposes.8 Notwithstanding the inclusion of the term “public,” an owner or
lessee who makes available to any person an area primarily for the purposes of hunting, fishing,
or wildlife viewing is entitled to the limitation of liability so long as the owner or lessee provides
written notice of this provision to the person before or at the time of entry or posts notice of this
provision conspicuously upon the area.9
1
See Grimes v. Family Dollar Stores of Fla., Inc., 194 So. 3d 424, 427 (Fla. Dist. Ct. App. 2016); see Phillips v. Republic
Fin. Corp., 157 So. 3d 320, 326 (Fla. Dist. Ct. App. 2015)(noting the “crux of a cause of action for premises liability is not
the ownership of the premises, but the negligence of the possessor in permitting licensees and invitees to come unwarned to
an area where they could foreseeably be injured by a dangerous condition which is not readily apparent”).
2
See Hurst v. United States by & through Dep’t of the Agric. US Forest Serv., 782 F. App’x 978, 979 (11th Cir. 2019).
3
Section 375.251(1), F.S.; see ss. 253.42(4)(c), 373.1395(5), 589.19(4)(e)1., and 773.05, F.S. Several sections contain cross-
references to the limitation of liability in s. 375.251, F.S.
4
Section 375.251(5)(a), F.S. As used in the section, “‘area’ includes land, water, and park areas.”
5
Section 375.251(5)(b), F.S. As used in the section, “‘outdoor recreational purposes’ includes, but is not limited to, hunting,
fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing,
motorcycling, and visiting historical, archaeological, scenic, or scientific sites.”
6
Section 375.251(2)(a), F.S.; see Abdin v. Fischer, 374 So. 2d 1379, 1380-1381 (Fla. 1979)(holding that s. 375.251, F.S., is
constitutional because, while it alters the standard of care owed, it does not deny access to the courts).
7
Section 375.251(2)(a), F.S.; see City of Pensacola v. Stamm, 448 So. 2d 39, 41-42 (Fla. Dist. Ct. App. 1984)(holding that
s. 375.251, F.S., does not relieve government entities of liability as government entities are already charged with making
areas available for public recreational use); see Hurst, 782 F. App’x at 982-983 (explaining that s. 375.251, F.S., shields the
federal government from tort liability under the Federal Tort Claims Act if s. 375.251, F.S., would shield a private individual
under like circumstances).
8
Section 375.251(2)(c), F.S.; see Fernandez v. United States, 766 F. App’x 787, 792-794 (11th Cir. 2019)(explaining that an
owner or lessee is immune from liability so long as he makes no charges in the distinct area where the injury occurred).
9
Section 375.251(2)(b), F.S.
BILL: CS/CS/SB 920 Page 3
Section 375.251(3), F.S., provides a limitation of liability for an owner of an area who enters into
a written agreement concerning the area with the state for outdoor recreational purposes. 10 Where
such agreements recognize that the state is responsible for personal injury, loss, or damage
resulting in whole or in part from the state’s use of the area under the terms of the agreement,11
the owner owes no duty of care to keep the area safe for entry or use by others, or to give
warning to persons entering the area of any hazardous conditions, structures, or activities on the
area.12 An owner who has entered into such an agreement:
 Is not presumed to extend any assurance that the area is safe for any purpose;
 Does not incur any duty of care toward a person who goes on the area that is subject to the
agreement; or
 Is not liable or responsible for any injury to persons or property caused by the act or omission
of a person who goes on the area that is subject to the agreement.13
This limitation of liability applies to all persons going on the area subject to the agreement,
including invitees, licensees, and trespassers.14 The Legislature intended that the agreement
should not result in compensation to the owner of the area above reimbursement of reasonable
costs or expenses associated with the agreement, but an agreement, executed after July 1, 2012,
that provides for compensation exceeding such costs and expenses does not subject the owner or
the state to liability.15
Section 375.251, F.S., does not relieve any person of liability that would otherwise exist for
deliberate, willful, or malicious injury to persons or property.16 The section does not create or
increase the liability of any person.17
III. Effect of Proposed Changes:
Section 1 amends s. 375.251, F.S., which limits the liability of persons who make areas available
to the public for outdoor recreational purposes. The bill expands the section’s definition of
“outdoor recreational purposes” to include “traversing or crossing for the purpose of ingress and
egress to and from, and access to and from, public lands or lands owned or leased by a state
agency which are used for outdoor recreational purposes.” This expressly applies the section’s
limitation of liability to include entering and exiting public lands, or lands owned or leased by a
state agency, used for outdoor recreational purposes.
The bill also creates a definition for “state agency” for s. 375.251, F.S., defining it as “the state
or any governmental or public entity created by law.” The bill replaces the undefined term
“state” with the defined term “state agency” in s. 375.251(3), F.S., broadening and clarifying the
government entities to which that subsection applies.
10
See ch. 2012-203, Laws of Fla.
11
Section 768.28, F.S. The responsibility of the state recognized by the agreements described in s. 375.251(3), F.S., is subject
to the limitations and conditions specified in the statutory waiver of sovereign immunity for liability for torts.
12
Section 375.251(3)(a), F.S.
13
Id.
14
Section 375.251(3)(b), F.S.
15
Section 375.251(3)(c), F.S. This paragraph applies only to agreements executed after July 1, 2012.
16
Section 375.251(4), F.S.
17
Id.
BILL: CS/CS/SB 920 Page 4
The bill creates an exception where an owner of an area used for outdoor recreational purposes
may derive revenue from concessions or special events and retain the liability protection
provided by s. 375.251(2), F.S., if such revenue is used exclusively to maintain, manage, and
improve the outdoor recreational area.
Section 2 provides an effective date of July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
CS/CS/SB 920 expands liability protections to include “traversing or crossing for the
purpose of ingress and egress to and from, and access to and from, public lands or lands
owned or leased by a state agency which are used for outdoor recreational purposes.”
This additional liability protection may encourage private property owners to make areas
available to the public for outdoor recreational purposes.
The bill creates an exception where an owner of an area used for outdoor recreational
purposes may derive revenue from concessions or special events and retain liability
protection if such revenue is used exclusively to maintain, manage, and improve the
outdoor recreational area. This may result in an indeterminate, positive fiscal impact on
private property owners that derive such revenue and retain the liability protection.
 BILL: CS/CS/SB 920 Page 5
C. Government Sector Impact:
Broadening and clarifying the definition of “state agency” to include “the state or any
governmental or public entity created by law” may allow previously ineligible
government entities to engage in written agreements with private property owners who
make areas available to the public for outdoor recreational purposes. For example, the
new definition may include The Legislature and Florida public universities.
Because the bill allows the state to accept liability for injury, loss, or damages suffered by
members of the public on private land, the state will be the defendant in any resulting
premises liability lawsuits. However, the state’s liability is subject to its waiver of
sovereign immunity under s. 768.28, F.S. That statute generally limits the collectability
of damages by any one person to $200,000 and to $300,000 per incident, regardless of the
number of claimants. The payment of additional amounts may be approved by the
Legislature in a claim bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 375.251 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Rules on March 25, 2021:
The CS/CS creates an exception where an owner of an area used for outdoor recreational
purposes may derive revenue from concessions or special events and retain the liability
protection provided by s. 375.251(2), F.S., if such revenue is used exclusively to
maintain, manage, and improve the outdoor recreational area.
CS by Environment and Natural Resources on February 15, 2021:
The CS amends the title to reflect that the expanded definition of “outdoor recreational
purposes” in the bill applies broadly throughout s. 375.251, F.S., and not only to the
subsection on written agreements.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.