HB 1323 2023
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hb1323-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to private campground liability; 2
creating s. 513.201, F.S.; defining terms; providing 3
civil liability protection for private campground 4
owners and specified employees of private campgrounds 5
for injury, death, or property damage resulting from 6
the inherent risk of camping; providing exceptions; 7
requiring private campground operators to provide 8
certain notice; providing requirements for such 9
notice; requiring written contracts, if entered into 10
by certain parties, to contain such notice; requiring 11
private campground operators to comply with certain 12
requirements to invoke immunity; providing for the 13
award of reasonable costs and attorney fees under 14
certain circumstances; providing construction; 15
providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 513.201, Florida Statutes, is created 20
to read: 21
513.201 Private campgrounds; immunity from lia bility; 22
posting and notification. — 23
(1) As used in this section, the term: 24
(a) "Camping" means all aspects of visiting, staying at, 25
HB 1323 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
using, and departing from a private campground, regardless of 26
the type of lodging a guest visited, stayed at, used, or 27
departed from at the private campground. 28
(b) "Inherent risk of camping" means the danger or 29
condition assumed as a part of camping at a private campground, 30
including the dangers posed by any of the following: 31
1. Features of the natural world, such as tre es, naturally 32
occurring infectious agents, tree stumps, roots, brush, rocks, 33
mud, sand, standing and moving water, and soil. 34
2. Uneven or unpredictable terrain. 35
3. Natural bodies of water and facilities allowing use of 36
the water, including piers, docks , and recreational facilities 37
or areas for swimming and aquatic sports. 38
4. A person acting in a negligent manner in which the 39
private campground operator is not involved. 40
5. A lack of lighting, including lighting at a campsite. 41
6. Campfires contained in or outside of a fire pit or 42
enclosure provided by the private campground; bonfires; grass or 43
brush fires; wildfires; and forest fires. 44
7. Weather. 45
8. Insects, birds, and other wildlife. 46
9. Violations or disregard by a person of any posted or 47
established safety rules or posted signs communicating warnings. 48
10. Actions by a person which exceed the physical 49
limitations or abilities of such person. 50
HB 1323 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11. Animals of other persons which cause injury, unless 51
the private campground has accepted resp onsibility for care of 52
the animal. 53
12. Fireworks set off by any person or offsite entity not 54
authorized by the private campground operator. 55
13. Any person coming onto a campsite who is not reported 56
to the private campground operator. 57
(c) "Private campground" means a facility that provides 58
sites on which recreational vehicles, camping units, and tents 59
may be placed for transient occupancy and that is owned and 60
operated, directly or indirectly, by a private property owner. 61
The term also includes a lodgi ng park, recreational vehicle 62
park, or recreational camp as those terms are defined in s. 63
513.01. 64
(d) "Private campground operator" means the owner, 65
operator, keeper, lessor, proprietor, manager, assistant 66
manager, desk clerk, agent, or employee of a pri vate campground, 67
including a lodging park, recreational vehicle park, or 68
recreational camp, who is designated as the individual solely 69
responsible for the daily operation of the private campground 70
pursuant to this chapter. 71
(2) Except as provided in subse ction (3), a private 72
campground operator is immune from civil liability for acts or 73
omissions related to camping at a private campground if, as a 74
result of the inherent risk of camping, a person or animal is 75
HB 1323 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
injured or killed or a person's property is dama ged or lost at 76
the private campground. 77
(3) Subsection (2) does not apply if the person seeking 78
immunity does any of the following: 79
(a) Intentionally injures or kills another person or 80
intentionally causes damage to or the loss of another person's 81
property. 82
(b) Commits an act or omission that constitutes willful or 83
wanton disregard for the safety of another person and such act 84
or omission proximately causes the other person's injury or 85
death or the damage to or loss of the other person's property. 86
(4) Each private campground operator shall provide notice 87
of the inherent risk of camping. 88
(a) The private campground operator shall post a sign that 89
includes a notice of the inherent risk of camping in a clearly 90
visible location at the entrance to the pri vate campground. The 91
notice must be in black letters that are at least 1 inch in 92
height each, with sufficient color contrast to be clearly 93
visible. 94
(b) If a private campground operator enters into a written 95
contract with a person to camp or otherwise uti lize or visit the 96
private campground, such contract must contain in clearly 97
readable print the notice of the inherent risk of camping. 98
(c) The notice and written contract, if any, must contain 99
the following: 100
HB 1323 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
101
WARNING 102
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Under Florida law, a private campgro und owner, 104
operator, or employee is not liable for a person's 105
injury or death, or any damage to or loss of such 106
person's property, who is camping at a private 107
campground if such injury, death, damage, or loss 108
results from the inherent risk of camping. The 109
inherent risk of camping includes, but is not limited 110
to, risk of injury, death, damage, or loss inherent to 111
land, equipment, weather, animals, and actions by 112
other persons, as well as the potential for you to act 113
in a negligent manner that may contribute to your own 114
injury or death or the damage to or loss of your own 115
property. You are camping at your own risk. 116
117
(d) A private campground operator may not invoke the 118
privilege of immunity provided under subsection (2) if he or she 119
fails to comply with this subsection. 120
(5) In a civil action filed pursuant to this section 121
against a private campground operator for a person's injury or 122
death or the damage to or loss of a person's property resulting 123
from an activity covered under the inherent risk of camping, t he 124
court must assess and award reasonable costs of defense, 125
HB 1323 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
including reasonable attorney fees, against the plaintiff or 126
responsible party if the court determines that the immunity from 127
liability under subsection (2) applies to the private campground 128
operator. 129
(6) This section does not limit the immunity created by 130
other sections of law, by contractual waiver, or by common law 131
assumptions of risk. 132
Section 2. This act shall take effect July 1, 2023. 133