CS/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
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 13
construction; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Section 513.201, Florida Statutes, is created 18
to read: 19
513.201 Private campgrounds; immunity from liability; 20
posting and notification. — 21
(1) As used in this section, the term: 22
(a) "Camping" means all aspects of visiting, staying at, 23
using, and departing from a private campground, regardless of 24
the type of lodging a guest visited, stayed at, used, or 25
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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
departed from at the private campground. 26
(b) "Inherent risk of camping" means the danger or 27
condition assumed as a part of camping at a private campground, 28
including the dangers posed by any of the following: 29
1. Features of the natural world, such as trees, naturally 30
occurring infectious agents, tree stumps, roots, brush, rocks, 31
mud, sand, standing and moving water, and soil. 32
2. Uneven or unpredictable terrain. 33
3. Natural bodies of water. 34
4. A person acting in a negligent manner if the private 35
campground operator is not aware of or involved in such action. 36
5. A lack of lighting, includi ng lighting at a campsite. 37
The term does not include a lack of lighting at structures such 38
as bathhouses, laundry facilities, visitor centers, game rooms, 39
or other similar common area structures. 40
6. Campfires contained in or outside of a fire pit or 41
enclosure provided by the private campground; bonfires; grass or 42
brush fires; wildfires; and forest fires. 43
7. Weather. 44
8. Insects, birds, and other wildlife. 45
9. Violations or disregard by a person of any posted or 46
established safety rules or posted signs communicating warnings. 47
10. Actions by a person which exceed the physical 48
limitations or abilities of such person. 49
11. Animals of other persons which cause injury, unless 50
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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
the private campground has accepted responsibility for care of 51
the animal. 52
12. Any person coming onto a campsite who is not known to 53
the private campground operator. 54
(c) "Private campground" means a facility that provides 55
sites on which recreational vehicles, camping units, and tents 56
may be placed for transient occupancy and that is owned and 57
operated, directly or indirectly, by a private property owner. 58
The term also includes a lodging park, recreational vehicle 59
park, or recreational camp as those terms are defined in s. 60
513.01. 61
(d) "Private campground operator" means the owner, 62
operator, keeper, lessor, proprietor, manager, assistant 63
manager, desk clerk, agent, or employee of a private campground, 64
including a lodging park, recreational vehicle park, or 65
recreational camp, who is designated as the individual solely 66
responsible for the daily operation of the private campground 67
pursuant to this chapter. 68
(2) Except as provided in subsection (3), a private 69
campground operator is immune from civil liability for acts or 70
omissions related to camping at a private campground if, as a 71
result of the inherent risk of camping, a person or animal is 72
injured or killed or a person's property is damaged or lost at 73
the private campground. 74
(3) Subsection (2) does not apply if the person seeking 75
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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
immunity does any of the following: 76
(a) Intentionally injures or kills another person or 77
intentionally causes damage to or the loss of another person's 78
property. 79
(b) Commits an act or omission that constitutes willful or 80
wanton disregard for the safety of another person and such act 81
or omission proximate ly causes the other person's injury or 82
death or the damage to or loss of the other person's property. 83
(4) Each private campground operator shall provide notice 84
of the inherent risk of camping. 85
(a) The private campground operator shall post a sign that 86
includes a notice of the inherent risk of camping in a clearly 87
visible location at the entrance to the private campground. The 88
notice must be in black letters that are at least 1 inch in 89
height each, with sufficient color contrast to be clearly 90
visible. 91
(b) If a private campground operator enters into a written 92
contract with a person to camp or otherwise utilize or visit the 93
private campground, such contract must contain in clearly 94
readable print the notice of the inherent risk of camping. 95
(c) The notice and written contract, if any, must contain 96
the following: 97
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WARNING 99
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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
Under Florida law, a private campground owner, 101
operator, or employee is not liable for a person's 102
injury or death, or any damage to or loss of such 103
person's property, who is camping at a private 104
campground if such injury, death, damage, or loss 105
results from the inherent risk of camping. The 106
inherent risk of camping includes, but is not limited 107
to, risk of injury, death, damage, or loss inherent to 108
land, equipment, weather, animals, and ac tions by 109
other persons, as well as the potential for you to act 110
in a negligent manner that may contribute to your own 111
injury or death or the damage to or loss of your own 112
property. You are camping at your own risk. 113
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(d) A private campground operator may not invoke the 115
privilege of immunity provided under subsection (2) if he or she 116
fails to comply with this subsection. 117
(5) This section does not limit the immunity created by 118
other sections of law, by contractual waiver, or by common law 119
assumptions of risk. 120
Section 2. This act shall take effect July 1, 2023. 121