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: District Court of Appeal of Florida | Date Filed: 2002-07-17

Citation: 824 So. 2d 216, 2002 Fla. App. LEXIS 10076, 2002 WL 1558673

Snippet: immunity statute protecting private landowners. See § 375.251, Fla. Stat. (1991). These cases show that the determination

Dennis v. City of Tampa

Court: District Court of Appeal of Florida | Date Filed: 1991-05-29

Citation: 581 So. 2d 1345, 1991 Fla. App. LEXIS 4991, 1991 WL 90277

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

Cox v. COMMUNITY SERVICES DEPT.

Court: District Court of Appeal of Florida | Date Filed: 1989-04-27

Citation: 543 So. 2d 297, 14 Fla. L. Weekly 1043, 1989 Fla. App. LEXIS 2177, 1989 WL 41198

Snippet: action against the county, and (2) that section 375.251, Florida Statutes, which limits the liability of

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

Court: Supreme Court of Florida | Date Filed: 1986-07-10

Citation: 493 So. 2d 1002, 11 Fla. L. Weekly 312, 1986 Fla. LEXIS 2365

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

City of Pensacola v. Stamm

Court: District Court of Appeal of Florida | Date Filed: 1984-03-30

Citation: 448 So. 2d 39

Snippet: raised by the city of Pensacola is that section 375.251, Florida Statutes (1981), which provides a limitation

Arias v. State Farm Fire & Cas. Co.

Court: District Court of Appeal of Florida | Date Filed: 1983-02-08

Citation: 426 So. 2d 1136

Snippet: also assert that under the provisions of Section 375.251, Florida Statutes (1979),[1] the defendant Williams

Chapman v. Pinellas County

Court: District Court of Appeal of Florida | Date Filed: 1982-12-17

Citation: 423 So. 2d 578

Snippet: asserted it was not liable because of section 375.251, Florida Statutes (1979). Subsection (2) of the

Sea Fresh Frozen Products, Inc. v. Abdin

Court: District Court of Appeal of Florida | Date Filed: 1982-02-10

Citation: 411 So. 2d 218, 1982 Fla. App. LEXIS 19219

Snippet: legally entitled to the benefits under section 375.251, Florida Statutes (1975), and the court should

Cakora ex rel. Cakora v. Metropolitan Dade County

Court: District Court of Appeal of Florida | Date Filed: 1980-09-16

Citation: 388 So. 2d 31, 1980 Fla. App. LEXIS 17986

Snippet: of care owing to Cakora as set forth in Section 375.251, Florida Statutes (1977), was not violated. Subsequent

Davis v. Tedder

Court: District Court of Appeal of Florida | Date Filed: 1980-09-10

Citation: 388 So. 2d 278, 1980 Fla. App. LEXIS 17115

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

Metropolitan Dade County v. Yelvington

Court: District Court of Appeal of Florida | Date Filed: 1980-05-13

Citation: 392 So. 2d 911

Snippet: affirm. The County asserts first, that Section 375.251, Florida Statutes (1975), relieves it of any duty

Abdin v. Fischer

Court: Supreme Court of Florida | Date Filed: 1979-07-12

Citation: 374 So. 2d 1379

Snippet: order upholding the constitutionality of section 375.251, Florida Statutes (1975), and granting defendants'

McPhee v. Dade County

Court: District Court of Appeal of Florida | Date Filed: 1978-08-15

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: Florida Attorney General Reports | Date Filed: 1975-10-29

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