The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.075

768.075 Immunity from liability for injury to trespassers on real property.—

(1) A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for any civil damages for death of or injury or damage to a trespasser upon the property when such trespasser was under the influence of alcoholic beverages with a blood-alcohol level of 0.08 percent or higher, when such trespasser was under the influence of any chemical substance set forth in s. 877.111, when such trespasser was illegally under the influence of any substance controlled under chapter 893, or if the trespasser is affected by any of the aforesaid substances to the extent that her or his normal faculties are impaired. However, the person or organization owning or controlling the interest in real property shall not be immune from liability if gross negligence or intentional misconduct on the part of such person or organization or agent thereof is a proximate cause of the death of or injury or damage to the trespasser.

(2) A person or organization owning or controlling an interest in real property, or an agent of such person or organization, is not liable for any civil damages for the death of or injury or damage to any discovered or undiscovered trespasser, except as provided in paragraphs (3)(a), (b), and (c), and regardless of whether the trespasser was intoxicated or otherwise impaired.

(3)(a) As used in this subsection, the term:

1. “Invitation” means that the visitor entering the premises has an objectively reasonable belief that he or she has been invited or is otherwise welcome on that portion of the real property where injury occurs.

2. “Discovered trespasser” means a person who enters real property without invitation, either express or implied, and whose actual physical presence was detected, within 24 hours preceding the accident, by the person or organization owning or controlling an interest in real property or to whose actual physical presence the person or organization owning or controlling an interest in real property was alerted by a reliable source within 24 hours preceding the accident. The status of a person who enters real property shall not be elevated to that of an invitee, unless the person or organization owning or controlling an interest in real property has issued an express invitation to enter the property or has manifested a clear intent to hold the property open to use by persons pursuing purposes such as those pursued by the person whose status is at issue.

3. “Undiscovered trespasser” means a person who enters property without invitation, either express or implied, and whose actual physical presence was not detected, within 24 hours preceding the accident, by the person or organization owning or controlling an interest in real property.

(b) To avoid liability to undiscovered trespassers, a person or organization owning or controlling an interest in real property must refrain from intentional misconduct that proximately causes injury to the undiscovered trespasser, but has no duty to warn of dangerous conditions. To avoid liability to discovered trespassers, a person or organization owning or controlling an interest in real property must refrain from gross negligence or intentional misconduct that proximately causes injury to the discovered trespasser, and must warn the trespasser of dangerous conditions that are known to the person or organization owning or controlling an interest in real property but that are not readily observable by others.

(c) This subsection shall not be interpreted or construed to alter the common law as it pertains to the “attractive nuisance doctrine.”

(4) A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for negligence that results in the death of, injury to, or damage to a person who is attempting to commit a felony or who is engaged in the commission of a felony on the property.

History.—s. 1, ch. 90-140; s. 1161, ch. 97-102; s. 19, ch. 99-225.

F.S. 768.075 on Google Scholar

F.S. 768.075 on Casetext

Amendments to 768.075

Arrestable Offenses / Crimes under Fla. Stat. 768.075

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.075.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ARP, v. WATERWAY EAST ASSOCIATION, INC. a W. E. a a, 217 So. 3d 117 (Fla. Dist. Ct. App. 2017)

. . . .” § 768.075(3)(a)l., Fla. Stat. (2011). . . . A trespasser may be a “discovered trespasser” or an “undiscovered trespasser.” § 768.075(3)(a)2. & 3. . . . the accident, by the person or organization owning or controlling an interest in real property.” § 768.075 . . . Section 768.075(3), Florida Statutes (2011), which in certain circumstances provides tort immunity to . . .

SEABERG, v. STEAK N SHAKE OPERATIONS, INC., 154 F. Supp. 3d 1294 (M.D. Fla. 2015)

. . . Stat, § 768.075. . . . Stat. § 768.075(e)(a)l. . . . Stat. § 768.075(3)(a)3.(b). . . . Stat. § 768.075 (the trespasser statute) and Fla. . . . Stat. §, 768.075 and, as such, applied to the duty of care afforded to business invitees and trespassers . . .

NICHOLSON, v. STONYBROOK APARTMENTS, LLC, d b a LLC,, 154 So. 3d 490 (Fla. Dist. Ct. App. 2015)

. . . Section 768.075 of the Florida Statutes provides that “[a] person or organization owning or controlling . . . civil damages for the death of or injury or damage to any discovered or undiscovered trespasser.... ” § 768.075 . . . owning or controlling an interest in real property but that are not readily observable by others. § 768.075 . . .

RYAN, v. NATIONAL MARINE MANUFACTURERS ASSOCIATION, 103 So. 3d 1001 (Fla. Dist. Ct. App. 2012)

. . . moved for summary judgment, asserting they were not liable for Collins’ death, pursuant to section 768.075 . . . Ryan argued section 768.075 did not apply because NMMA and Beguiristain were licensees and did not control . . . whether, as a matter of law, NMMA and Beguiristain are entitled to the immunity provided by section 768.075 . . . additional arguments, we find they are without merit, and address only the applicability of section 768.075 . . .

KURIA, III, v. BMLRW, LLLP, a a BMLRW a, 101 So. 3d 425 (Fla. Dist. Ct. App. 2012)

. . . Representative of the Estate of Freddie Smith, III) challenges the trial court’s finding that section 768.075 . . . court granted Appellees’ motion for summary judgment and dismissed the action on the basis of section 768.075 . . . the title of the enacting general law which describes the provision in relevant part as “amending s. 768.075 . . .

SIERRA, v. SUNSHINE DEVELOPERS, LLC,, 994 So. 2d 424 (Fla. Dist. Ct. App. 2008)

. . . . § 768.075, Fla. Stat. (2006). . . .

M. QUARANTELLO, v. T. LEROY,, 977 So. 2d 648 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2007) (utilizing the language, “not liable for any action or omission”); § 768.075(1), Fla. . . .

BYERS v. RADIANT GROUP, L. L. C., 966 So. 2d 506 (Fla. Dist. Ct. App. 2007)

. . . violence to resolve a private disagreement, the jury should receive an instruction based on section 768.075 . . . The legislature, however, has enacted section 768.075(4), which prevents a property owner from being . . . Accordingly, the application of section 768.075(4) to Mr. Byers’ claim presents a jury issue. . . . In Florida this tort law is partially incorporated into section 768.075(4), which prevents proprietors . . . See also § 768.075, Fla. . . . We have not overlooked section 768.075(4), which provides: A person or organization owning or controlling . . . Accordingly, section 768.075(4) does not provide support for the circuit court’s decision. . . . . In circumstances where section 768.075(4) is applicable, the visitor’s status as an invitee, licensee . . .

POE, v. IMC PHOSPHATES MP, INC. a a, 885 So. 2d 397 (Fla. Dist. Ct. App. 2004)

. . . (amending section 768.075). . . . .

FLEETWOOD HOMES OF FLORIDA, INC. v. REEVES,, 833 So. 2d 857 (Fla. Dist. Ct. App. 2002)

. . . Stat. (2001) (prohibition for indemnity for such conduct in construction contracts); § 768.075(1), Fla . . .

STATE a CPA s, M. A. a k a D H. III, v. FLORIDA CONSUMER ACTION NETWORK, AFL- CIO, AFL- CIO, USA, NAACP s Al J., 830 So. 2d 148 (Fla. Dist. Ct. App. 2002)

. . . limitation of liability if security measures are undertaken by convenience-store owners; amending section 768.075 . . . liability of possessors of land to trespassers; placing caps on punitive damages; amending section 768.075 . . .