Florida Statute 375.251 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 375
OUTDOOR RECREATION AND CONSERVATION LANDS

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F.S. 375.251

375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.—

(1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas.

(2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes:

1. Is not presumed to extend any assurance that the area is safe for any purpose;

2. Does not incur any duty of care toward a person who goes on the area; or

3. 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.

(b) Notwithstanding the inclusion of the term “public” in this subsection and subsection (1), 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 on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area.

(c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection 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. An owner may derive revenue from concessions or special events but will only retain liability protection under this subsection if such revenue is used exclusively to maintain, manage, and improve the outdoor recreational area.

(3)(a) An owner of an area who enters into a written agreement concerning the area with a state agency for outdoor recreational purposes, where such agreement recognizes that the state agency is responsible for personal injury, loss, or damage resulting in whole or in part from the state agency’s use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with a state agency for outdoor recreational purposes:

1. Is not presumed to extend any assurance that the area is safe for any purpose;

2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or

3. 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.

(b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers.

(c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state agency to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012.

(4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person.

(5) As used in this section, the term:

(a) “Area” includes land, water, and park areas.

(b) “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; visiting historical, archaeological, scenic, or scientific sites; and 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.

History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203; s. 1, ch. 2021-56.

F.S. 375.251 on Google Scholar

F.S. 375.251 on Casetext

Amendments to 375.251

Arrestable Offenses / Crimes under Fla. Stat. 375.251

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 375.251.

Annotations, Discussions, Cases:

Cases Citing Statute 375.251

Total Results: 14

South Florida Water Management District v. Daiagi

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-17T00:00:00-07:00

Citation: 824 So. 2d 216

Snippet: immunity statute protecting private landowners. See § 375.251, Fla. Stat. (1991). These cases show that the determination…Court reversed summary judgment based on section 375.251, ruling that questions of fact remained before …a private landowner which was based on section 375.251 in Arias v. State Farm Fire & Casualty Co.,

Dennis v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-29T00:53:00-07:00

Citation: 581 So. 2d 1345

Snippet: private persons who open land to public use. § 375.251, Fla. Stat. (1989). Although this statutory protection

Cox v. COMMUNITY SERVICES DEPT.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-27T00:53:00-07:00

Citation: 543 So. 2d 297

Snippet: action against the county, and (2) that section 375.251, Florida Statutes, which limits the liability of…county. The trial court erred in applying section 375.251, Florida Statutes, to the county-owned and operated…the county, based on the application of section 375.251, Florida Statutes, to the county-owned park, and

Avallone v. Bd. of County Com'rs Citrus Cty.

Court: Fla. | Date Filed: 1986-07-10T00:53:00-07:00

Citation: 493 So. 2d 1002

Snippet: and duty and should be abandoned. [1] Section 375.251, Florida Statutes, would exempt private persons

City of Pensacola v. Stamm

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-29T23:53:00-08:00

Citation: 448 So. 2d 39

Snippet: raised by the city of Pensacola is that section 375.251, Florida Statutes (1981), which provides a limitation…meaning of this statute. In our opinion, section 375.251 is intended to encourage private persons or entities… final point made by the Board is that section 375.251, Florida Statutes (1981), should be applied to …Fla. Stat. (1981). As previously stated, section 375.251 is intended to encourage private persons and entities

Arias v. State Farm Fire & Cas. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-07T23:53:00-08:00

Citation: 426 So. 2d 1136

Snippet: also assert that under the provisions of Section 375.251, Florida Statutes (1979),[1] the defendant Williams…SMITH and SHIVERS, JJ., concur. NOTES [1] Section 375.251, Florida Statutes (1979), provides in pertinent

Chapman v. Pinellas County

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-16T23:53:00-08:00

Citation: 423 So. 2d 578

Snippet: asserted it was not liable because of section 375.251, Florida Statutes (1979). Subsection (2) of the… 389 So.2d 1113 (Fla. 1980), held that section 375.251 does not apply to a county. The court, however,…We agree with Yelvington and hold that section 375.251 does not apply to counties. Subsection (1) thereof… intent of the legislature in enacting section 375.251 was to encourage private owners and lessees *580…time, and it is logical to conclude that section 375.251 was not designed to immunize counties since they

Sea Fresh Frozen Products, Inc. v. Abdin

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-09T23:53:00-08:00

Citation: 411 So. 2d 218

Snippet: legally entitled to the benefits under section 375.251, Florida Statutes (1975), and the court should … as to deprive it of the protection of section 375.251, Florida Statutes (1975).[1] The Supreme Court … case for a new trial only. NOTES [1] Section 375.251, Florida Statutes (1975) states in part: (1) The

Cakora ex rel. Cakora v. Metropolitan Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-16T00:00:00-07:00

Citation: 388 So. 2d 31

Snippet: of care owing to Cakora as set forth in Section 375.251, Florida Statutes (1977), was not violated. Subsequent…389 So.2d 1113 (Fla. 3d DCA 1980), that Section 375.251, Florida Statutes (1977), is not applicable to

Davis v. Tedder

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-10T00:00:00-07:00

Citation: 388 So. 2d 278

Snippet: officer. Appellant also contends that Section 375.251, Florida Statutes (1979), limits liability for

Metropolitan Dade County v. Yelvington

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-13T00:53:00-07:00

Citation: 392 So. 2d 911

Snippet: affirm. The County asserts first, that Section 375.251, Florida Statutes (1975), relieves it of any duty…liability. Thus, the statement in McPhee that Section 375.251 does not apply to a county could be considered …considered dictum. We now hold that Section 375.251 does not apply to a county. 79-1588 District Court

Abdin v. Fischer

Court: Fla. | Date Filed: 1979-07-12T00:53:00-07:00

Citation: 374 So. 2d 1379

Snippet: order upholding the constitutionality of section 375.251, Florida Statutes (1975), and granting defendants…amended complaint, defendants pleaded that section 375.251, Florida Statutes (1975), shielded them from liability…. v. Haley, 175 So.2d 780 (Fla. 1965). Section 375.251(2)(a)3(b) expressly affords no protection to owners

McPhee v. Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1978-08-15T00:53:00-07:00

Citation: 362 So. 2d 74

Snippet: sovereign immunity. The appellees also rely on Section 375.251, Florida Statutes (1975) for immunity. We find

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-10-28T23:53:00-08:00

Snippet: of Florida, and s. 193.501(6)(a), F.S. Cf., s. 375.251, F.S. Article VII, s. 4(a), State Const., authorizes