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The 2025 Florida Statutes
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F.S. 375.251375.251 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. (c) “State agency” means the state or any governmental or public entity created by law. 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 375.251
Total Results: 20
493 So. 2d 1002, 11 Fla. L. Weekly 312, 1986 Fla. LEXIS 2365
Supreme Court of Florida | Filed: Jul 10, 1986 | Docket: 1671865
Cited 61 times | Published
immunity and duty and should be abandoned.
[1] Section 375.251, Florida Statutes, would exempt private persons
423 So. 2d 578
District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 544750
Cited 28 times | Published
county asserted it was not liable because of section 375.251, Florida Statutes (1979). Subsection (2) of
448 So. 2d 39
District Court of Appeal of Florida | Filed: Mar 30, 1984 | Docket: 1523000
Cited 20 times | Published
point raised by the city of Pensacola is that section 375.251, Florida Statutes (1981), which provides a
392 So. 2d 911
District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 1267726
Cited 19 times | Published
we affirm.
The County asserts first, that Section 375.251, Florida Statutes (1975), relieves it of any
374 So. 2d 1379
Supreme Court of Florida | Filed: Jul 12, 1979 | Docket: 430727
Cited 16 times | Published
court's order upholding the constitutionality of section 375.251, Florida Statutes (1975), and granting defendants'
581 So. 2d 1345, 1991 Fla. App. LEXIS 4991, 1991 WL 90277
District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1683900
Cited 14 times | Published
private persons who open land to public use. § 375.251, Fla. Stat. (1989). Although this statutory protection
426 So. 2d 1136
District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1283227
Cited 14 times | Published
Appellees also assert that under the provisions of Section 375.251, Florida Statutes (1979),[1] the defendant
253 F.3d 567, 2001 U.S. App. LEXIS 11736, 2001 WL 609008
Court of Appeals for the Eleventh Circuit | Filed: Jun 5, 2001 | Docket: 76025
Cited 13 times | Published
Florida's Recreational Use Statute, Fla. Stat. § 375.251, and the district court relied on this statute
411 So. 2d 218, 1982 Fla. App. LEXIS 19219
District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1002918
Cited 10 times | Published
was legally entitled to the benefits under section 375.251, Florida Statutes (1975), and the court should
761 F.2d 1492, 1985 U.S. App. LEXIS 30110
Court of Appeals for the Eleventh Circuit | Filed: May 30, 1985 | Docket: 563161
Cited 9 times | Published
we affirm the district court’s ruling that section 375.251, Florida Statutes, bars the action.
The
698 F. Supp. 1577, 1988 U.S. Dist. LEXIS 14744, 1988 WL 122475
District Court, S.D. Florida | Filed: Oct 6, 1988 | Docket: 2256760
Cited 6 times | Published
the Florida Recreational Use Statute, Fla.Stat. § 375.251, which limits the liability of persons who make
362 So. 2d 74
District Court of Appeal of Florida | Filed: Aug 15, 1978 | Docket: 1362901
Cited 6 times | Published
sovereign immunity. The appellees also rely on Section 375.251, Florida Statutes (1975) for immunity. We find
783 F.2d 1562, 1986 U.S. App. LEXIS 22964
Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 1986 | Docket: 66214105
Cited 2 times | Published
Conservation Act of 1963, Fla.Stat.Ann. § 375.251 (West 1974). Section 375.251 exempts from tort liability landowners
543 So. 2d 297, 14 Fla. L. Weekly 1043, 1989 Fla. App. LEXIS 2177, 1989 WL 41198
District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 1729890
Cited 1 times | Published
appellant's action against the county, and
(2) that section 375.251, Florida Statutes, which limits the liability
Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 2021 | Docket: 59855605
Published
area of any hazardous
conditions.” Fla. Stat. § 375.251(2)(a). We must decide whether the statute
applies
111 F. Supp. 3d 1277, 2015 U.S. Dist. LEXIS 68998, 2015 WL 3440422
District Court, M.D. Florida | Filed: May 28, 2015 | Docket: 64302608
Published
Florida’s recreational use statute, Fla. Stat. § 375.251, applies and shields the United States from liability
824 So. 2d 216, 2002 Fla. App. LEXIS 10076, 2002 WL 1558673
District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 64817039
Published
immunity statute protecting private landowners. See § 375.251, Fla. Stat. (1991). These cases show that the
983 F. Supp. 1384, 1997 WL 691042
District Court, M.D. Florida | Filed: Jul 29, 1997 | Docket: 66018873
Published
stating that Florida’s recreational use statute, Section 375.251(2), bars Plaintiffs’ claims. Under the FTCA
388 So. 2d 31, 1980 Fla. App. LEXIS 17986
District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 64578072
Published
duty of care owing to Cakora as set forth in Section 375.251, Florida Statutes (1977), was not violated
388 So. 2d 278, 1980 Fla. App. LEXIS 17115
District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578172
Published
public officer. Appellant also contends that Section 375.251, Florida Statutes (1979), limits liability
