FL
Florida House Bill H1323

Florida 2023 Regular Session

Florida House Bill H1323 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to private campground liability; 2
1616 creating s. 513.201, F.S.; defining terms; providing 3
1717 civil liability protection for private campground 4
1818 owners and specified employees of private campgrounds 5
1919 for injury, death, or property damage resulting from 6
2020 the inherent risk of camping; providing exceptions; 7
2121 requiring private campground operators to provide 8
2222 certain notice; providing requirements for such 9
2323 notice; requiring written contracts, if entered into 10
2424 by certain parties, to contain such notice; requiring 11
2525 private campground operators to comply with certain 12
26-requirements to invoke immunity; providing 13
27-construction; providing an effective date. 14
28- 15
29-Be It Enacted by the Legislature of the State of Florida: 16
26+requirements to invoke immunity; providing for the 13
27+award of reasonable costs and attorney fees under 14
28+certain circumstances; providing construction; 15
29+providing an effective date. 16
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31- Section 1. Section 513.201, Florida Statutes, is created 18
32-to read: 19
33- 513.201 Private campgrounds; immunity from liability; 20
34-posting and notification. — 21
35- (1) As used in this section, the term: 22
36- (a) "Camping" means all aspects of visiting, staying at, 23
37-using, and departing from a private campground, regardless of 24
38-the type of lodging a guest visited, stayed at, used, or 25
31+Be It Enacted by the Legislature of the State of Florida: 18
32+ 19
33+ Section 1. Section 513.201, Florida Statutes, is created 20
34+to read: 21
35+ 513.201 Private campgrounds; immunity from lia bility; 22
36+posting and notification. — 23
37+ (1) As used in this section, the term: 24
38+ (a) "Camping" means all aspects of visiting, staying at, 25
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4747 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
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51-departed from at the private campground. 26
52- (b) "Inherent risk of camping" means the danger or 27
53-condition assumed as a part of camping at a private campground, 28
54-including the dangers posed by any of the following: 29
55- 1. Features of the natural world, such as trees, naturally 30
56-occurring infectious agents, tree stumps, roots, brush, rocks, 31
57-mud, sand, standing and moving water, and soil. 32
58- 2. Uneven or unpredictable terrain. 33
59- 3. Natural bodies of water. 34
60- 4. A person acting in a negligent manner if the private 35
61-campground operator is not aware of or involved in such action. 36
62- 5. A lack of lighting, includi ng lighting at a campsite. 37
63-The term does not include a lack of lighting at structures such 38
64-as bathhouses, laundry facilities, visitor centers, game rooms, 39
65-or other similar common area structures. 40
66- 6. Campfires contained in or outside of a fire pit or 41
67-enclosure provided by the private campground; bonfires; grass or 42
68-brush fires; wildfires; and forest fires. 43
69- 7. Weather. 44
70- 8. Insects, birds, and other wildlife. 45
71- 9. Violations or disregard by a person of any posted or 46
72-established safety rules or posted signs communicating warnings. 47
73- 10. Actions by a person which exceed the physical 48
74-limitations or abilities of such person. 49
75- 11. Animals of other persons which cause injury, unless 50
51+using, and departing from a private campground, regardless of 26
52+the type of lodging a guest visited, stayed at, used, or 27
53+departed from at the private campground. 28
54+ (b) "Inherent risk of camping" means the danger or 29
55+condition assumed as a part of camping at a private campground, 30
56+including the dangers posed by any of the following: 31
57+ 1. Features of the natural world, such as tre es, naturally 32
58+occurring infectious agents, tree stumps, roots, brush, rocks, 33
59+mud, sand, standing and moving water, and soil. 34
60+ 2. Uneven or unpredictable terrain. 35
61+ 3. Natural bodies of water and facilities allowing use of 36
62+the water, including piers, docks , and recreational facilities 37
63+or areas for swimming and aquatic sports. 38
64+ 4. A person acting in a negligent manner in which the 39
65+private campground operator is not involved. 40
66+ 5. A lack of lighting, including lighting at a campsite. 41
67+ 6. Campfires contained in or outside of a fire pit or 42
68+enclosure provided by the private campground; bonfires; grass or 43
69+brush fires; wildfires; and forest fires. 44
70+ 7. Weather. 45
71+ 8. Insects, birds, and other wildlife. 46
72+ 9. Violations or disregard by a person of any posted or 47
73+established safety rules or posted signs communicating warnings. 48
74+ 10. Actions by a person which exceed the physical 49
75+limitations or abilities of such person. 50
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8484 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
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88-the private campground has accepted responsibility for care of 51
89-the animal. 52
90- 12. Any person coming onto a campsite who is not known to 53
91-the private campground operator. 54
92- (c) "Private campground" means a facility that provides 55
93-sites on which recreational vehicles, camping units, and tents 56
94-may be placed for transient occupancy and that is owned and 57
95-operated, directly or indirectly, by a private property owner. 58
96-The term also includes a lodging park, recreational vehicle 59
97-park, or recreational camp as those terms are defined in s. 60
98-513.01. 61
99- (d) "Private campground operator" means the owner, 62
100-operator, keeper, lessor, proprietor, manager, assistant 63
101-manager, desk clerk, agent, or employee of a private campground, 64
102-including a lodging park, recreational vehicle park, or 65
103-recreational camp, who is designated as the individual solely 66
104-responsible for the daily operation of the private campground 67
105-pursuant to this chapter. 68
106- (2) Except as provided in subsection (3), a private 69
107-campground operator is immune from civil liability for acts or 70
108-omissions related to camping at a private campground if, as a 71
109-result of the inherent risk of camping, a person or animal is 72
110-injured or killed or a person's property is damaged or lost at 73
111-the private campground. 74
112- (3) Subsection (2) does not apply if the person seeking 75
88+ 11. Animals of other persons which cause injury, unless 51
89+the private campground has accepted resp onsibility for care of 52
90+the animal. 53
91+ 12. Fireworks set off by any person or offsite entity not 54
92+authorized by the private campground operator. 55
93+ 13. Any person coming onto a campsite who is not reported 56
94+to the private campground operator. 57
95+ (c) "Private campground" means a facility that provides 58
96+sites on which recreational vehicles, camping units, and tents 59
97+may be placed for transient occupancy and that is owned and 60
98+operated, directly or indirectly, by a private property owner. 61
99+The term also includes a lodgi ng park, recreational vehicle 62
100+park, or recreational camp as those terms are defined in s. 63
101+513.01. 64
102+ (d) "Private campground operator" means the owner, 65
103+operator, keeper, lessor, proprietor, manager, assistant 66
104+manager, desk clerk, agent, or employee of a pri vate campground, 67
105+including a lodging park, recreational vehicle park, or 68
106+recreational camp, who is designated as the individual solely 69
107+responsible for the daily operation of the private campground 70
108+pursuant to this chapter. 71
109+ (2) Except as provided in subse ction (3), a private 72
110+campground operator is immune from civil liability for acts or 73
111+omissions related to camping at a private campground if, as a 74
112+result of the inherent risk of camping, a person or animal is 75
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121121 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
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125-immunity does any of the following: 76
126- (a) Intentionally injures or kills another person or 77
127-intentionally causes damage to or the loss of another person's 78
128-property. 79
129- (b) Commits an act or omission that constitutes willful or 80
130-wanton disregard for the safety of another person and such act 81
131-or omission proximate ly causes the other person's injury or 82
132-death or the damage to or loss of the other person's property. 83
133- (4) Each private campground operator shall provide notice 84
134-of the inherent risk of camping. 85
135- (a) The private campground operator shall post a sign that 86
136-includes a notice of the inherent risk of camping in a clearly 87
137-visible location at the entrance to the private campground. The 88
138-notice must be in black letters that are at least 1 inch in 89
139-height each, with sufficient color contrast to be clearly 90
140-visible. 91
141- (b) If a private campground operator enters into a written 92
142-contract with a person to camp or otherwise utilize or visit the 93
143-private campground, such contract must contain in clearly 94
144-readable print the notice of the inherent risk of camping. 95
145- (c) The notice and written contract, if any, must contain 96
146-the following: 97
147- 98
148-WARNING 99
149- 100
125+injured or killed or a person's property is dama ged or lost at 76
126+the private campground. 77
127+ (3) Subsection (2) does not apply if the person seeking 78
128+immunity does any of the following: 79
129+ (a) Intentionally injures or kills another person or 80
130+intentionally causes damage to or the loss of another person's 81
131+property. 82
132+ (b) Commits an act or omission that constitutes willful or 83
133+wanton disregard for the safety of another person and such act 84
134+or omission proximately causes the other person's injury or 85
135+death or the damage to or loss of the other person's property. 86
136+ (4) Each private campground operator shall provide notice 87
137+of the inherent risk of camping. 88
138+ (a) The private campground operator shall post a sign that 89
139+includes a notice of the inherent risk of camping in a clearly 90
140+visible location at the entrance to the pri vate campground. The 91
141+notice must be in black letters that are at least 1 inch in 92
142+height each, with sufficient color contrast to be clearly 93
143+visible. 94
144+ (b) If a private campground operator enters into a written 95
145+contract with a person to camp or otherwise uti lize or visit the 96
146+private campground, such contract must contain in clearly 97
147+readable print the notice of the inherent risk of camping. 98
148+ (c) The notice and written contract, if any, must contain 99
149+the following: 100
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158158 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
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162-Under Florida law, a private campground owner, 101
163-operator, or employee is not liable for a person's 102
164-injury or death, or any damage to or loss of such 103
165-person's property, who is camping at a private 104
166-campground if such injury, death, damage, or loss 105
167-results from the inherent risk of camping. The 106
168-inherent risk of camping includes, but is not limited 107
169-to, risk of injury, death, damage, or loss inherent to 108
170-land, equipment, weather, animals, and ac tions by 109
171-other persons, as well as the potential for you to act 110
172-in a negligent manner that may contribute to your own 111
173-injury or death or the damage to or loss of your own 112
174-property. You are camping at your own risk. 113
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176- (d) A private campground operator may not invoke the 115
177-privilege of immunity provided under subsection (2) if he or she 116
178-fails to comply with this subsection. 117
179- (5) This section does not limit the immunity created by 118
180-other sections of law, by contractual waiver, or by common law 119
181-assumptions of risk. 120
182- Section 2. This act shall take effect July 1, 2023. 121
162+ 101
163+WARNING 102
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165+Under Florida law, a private campgro und owner, 104
166+operator, or employee is not liable for a person's 105
167+injury or death, or any damage to or loss of such 106
168+person's property, who is camping at a private 107
169+campground if such injury, death, damage, or loss 108
170+results from the inherent risk of camping. The 109
171+inherent risk of camping includes, but is not limited 110
172+to, risk of injury, death, damage, or loss inherent to 111
173+land, equipment, weather, animals, and actions by 112
174+other persons, as well as the potential for you to act 113
175+in a negligent manner that may contribute to your own 114
176+injury or death or the damage to or loss of your own 115
177+property. You are camping at your own risk. 116
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179+ (d) A private campground operator may not invoke the 118
180+privilege of immunity provided under subsection (2) if he or she 119
181+fails to comply with this subsection. 120
182+ (5) In a civil action filed pursuant to this section 121
183+against a private campground operator for a person's injury or 122
184+death or the damage to or loss of a person's property resulting 123
185+from an activity covered under the inherent risk of camping, t he 124
186+court must assess and award reasonable costs of defense, 125
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195+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
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199+including reasonable attorney fees, against the plaintiff or 126
200+responsible party if the court determines that the immunity from 127
201+liability under subsection (2) applies to the private campground 128
202+operator. 129
203+ (6) This section does not limit the immunity created by 130
204+other sections of law, by contractual waiver, or by common law 131
205+assumptions of risk. 132
206+ Section 2. This act shall take effect July 1, 2023. 133