This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1323.CJS
DATE: 3/17/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1323 Private Campground Liability
SPONSOR(S): Black
TIED BILLS: IDEN./SIM. BILLS: SB 1054
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee Loyed Jones
2) Regulatory Reform & Economic Development
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
Recreational camping is a large industry in Florida that has grown increasingly more popular since the onset of
the COVID-19 pandemic. However, camping carries certain inherent risks, such as physical injury to campers
and damage to their personal property. Such injury or damage may be caused by a wide array of factors that
are outside of the control of a private campground operator. Activities such as campfires, the use of fireworks,
and hiking, as well as natural threats from weather or wildlife, pose significant risk of injury and damage to a
camper. Under current law, a private campground operator can be held liable for an injury to a camper or
damage to a camper’s property even if the injury or property damage resulted from one of the many inherent
risks associated with camping.
HB 1323 creates s. 513.201, F.S., to provide immunity from civil liability to a private campground operator for
certain injury or damages incurred as a result of the inherent risks of camping.
The bill provides an exception to the liability shield where a private campground operator:
Intentionally injures or kills another person or intentionally causes damage to or the loss of
another person’s property; or
Commits an act or omission that constitutes willful or wanton disregard for the safety of another
person and such act or omission proximately causes the other person’s injury or death or the
damage to or loss of the other person’s property.
Under the bill, to be eligible for the immunity from liability, a private campground operator must provide
adequate notice and disclosure to campers of the inherent risks of camping. The bill establishes minimum
requirements for such notice, signage, and disclosure.
If a private campground operator fails to provide adequate notice of the inherent dangers of camping, he or she
may not invoke the privilege of immunity provided by the bill.
The bill provides for the award of reasonable costs of defense, including reasonable attorney fees, against the
plaintiff in a civil action against a private campground operator who is eligible for immunity.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h1323.CJS PAGE: 2
DATE: 3/17/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Camping Industry
Camping in Florida has a long and rich history and remains popular today.
1
Industry statistics show that
the Florida campground and recreational vehicle (RV) park industry has a market size of over $300
million and consists of more than six hundred businesses.
2
In recent years, particularly following the
COVID-19 pandemic, camping at private campgrounds has become a rapidly growing industry in
Florida. In 2020 alone, RV park and campground usage in Florida grew by 20%.
3
However, camping is not all fun and games and comes with certain risks and dangers. There are
inherent risks associated with camping, which may cause property damages, bodily injury, or death.
Such injuries may be caused by campfires, fireworks, difficult hiking routes, wildfire, or wildlife. Under
current law, a private campground operator can be held liable for an injury to a camper or damage to a
camper’s property, despite the fact that the injury or property damage resulted from one of the many
inherent risks associated with camping.
Effect of Proposed Changes
HB 1323 creates s. 513.201, F.S., and provides that a private campground operator
4
is immune from
civil liability for acts or omissions related to camping
5
at a private campground
6
if, as a result of the
inherent risks of camping, a person or animal is injured or killed or a person’s property is damaged or
lost at the private campground.
The bill defines the “inherent risks of camping” as “the danger or condition assumed as a part of
camping at a private campground,” which include dangers posed by any of the following:
Features of the natural world, such as trees, naturally occurring infections agents, tree stumps,
roots, brush, rocks, mud, sand, standing and moving water, and soil.
Uneven or unpredictable terrain.
Natural bodies of water and facilities allowing use of the water, including piers, docks, and
recreational facilities or areas for swimming and aquatic sports.
A person acting in a negligent manner in which the private campground operator is not involved.
A lack of lighting, including lighting at a campsite.
Campfires contained in or outside of a fire pit or enclosure provided by the campground;
bonfires; grass or brush fires; wildfires; and forest fires.
Weather.
Insects, birds, and other wildlife.
1
See, e.g., Gary McKechnie, Camping in Florida, Visit Florida, https://www.visitflorida.com/places-to-stay/campgrounds-and-rv-parks/
(last visited Mar. 14, 2023).
2
Campgrounds and RV Parks in Florida – Market Research Report, IBIS World (Aug.18, 2022),
https://www.ibisworld.com/us/industry/florida/campgrounds-rv-parks/20388/ (last visited Mar. 13, 2023).
3
IIeana Najarro, RV Industry continues to grow in Florida, spurred in part by the pandemic, Tampa Bay Times (Apr. 29, 2012),
https://www.tampabay.com/news/health/2021/04/28/rv-industry-continues-to-grow-in-florida-spurred-in-part-by-the-pandemic/ (last
visited Mar. 13, 2023).
4
“Private campground operator” is defined in the bill as “the owner, operator, keeper, lessor, proprietor, manager, assistant manager,
desk clerk, agent, or employee of a private campground, including a lodging park, recreational vehicle park, or recreational camp, who
is designated as the individual solely responsible for the daily operation of the private campground pursuant to this chapter.”
5
“Camping” is defined as “all aspects of visiting, staying at, using, and departing from a private campground, regardless of the type of
lodging a guest visited, stayed at, used, or departed from at the private campground.”
6
“Private campground” is defined as “a facility that provides sites on which recreational vehicles, camping units, and tents may be
placed for transient occupancy and that is owned and operated, directly or indirectly, by a private property owner.” The term also
includes a lodging park, recreational vehicle park, or recreational camp as those terms are defined in s. 513.01, F.S. STORAGE NAME: h1323.CJS PAGE: 3
DATE: 3/17/2023
Violations or disregard by a person of any posted or established safety rules or posted signs
communicating warning.
Actions by a person which exceed the physical limitations or abilities of such person.
Animals of other persons which cause injury, unless the private campground has accepted
responsibility for the care of the animal.
Fireworks set off by any person or offsite entity not authorized by the private campground
operator.
Any person coming onto a campsite who is not reported to the private campground operator.
The bill does not extend immunity from liability to a private campground operator if the private
campground operator:
Intentionally injures or kills another person or intentionally causes damage to or the loss of
another person’s property; or
Commits an act or omission that constitutes willful or wanton disregard for the safety of another
person and such act or omission proximately causes the other person’s injury or death or the
damage to or loss of the other person’s property.
Under the bill, a private campground operator must provide notice of the inherent risks of camping to be
eligible for immunity from liability. To be eligible for immunity, a private campground operator must
either:
Post a sign that includes a notice of the inherent risks of camping in a clearly visible location at
the entrance to the private campground. Such notice must be in black letters that are at least
one inch in height each, with sufficient color contrast to be clearly visible.
Include the specific notice in a clearly readable print on any applicable written contract with a
person who uses or visits the private campground.
A private campground operator who posts a sign or enters into a contract with a camper to qualify for
immunity under the bill must include, at a minimum, the following language in clearly readable print:
WARNING
Under Florida law, a private campground owner, operator, or employee is not liable
for a person’s injury or death, or any damage to or loss of such person’s property,
who is camping at a private campground if such injury, death, damage, or loss
results from the inherent risks of camping. The inherent risk of camping includes,
but is not limited to, risk of injury, death, damage, or loss inherent to land,
equipment, weather, animals, and actions by other persons, as well as the
potential for you to act in a negligent manner that may contribute to your own injury
or death or the damage to or loss of your own property. You are camping at your
own risk.
If a private campground operator fails to provide adequate notice of the inherent dangers of camping
via either posting a sign or contracting with a person utilizing the private campground, the private
campground operator may not invoke the privilege of immunity provided by the bill.
If a civil action is brought against a private campground operator and the court finds that the defendant
is eligible for immunity under the bill, the court must assess and award reasonable costs of defense,
including reasonable attorney fees, against the plaintiff or responsible party.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Creates s. 513.201, F.S., relating to private campground liability.
Section 2: Provides an effective date of July 1, 2023.
STORAGE NAME: h1323.CJS PAGE: 4
DATE: 3/17/2023
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has the potential to limit the cost of litigation to businesses in the private campground industry.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES