Florida Statute 768.075 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 768.075

Total Results: 13

PRIDE OF ST. LUCIE LODGE 1189, INC. d/b/a TEMPLE 853 v. TEAIRA NICOLE REED

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

Snippet: court erred in denying its request for a section 768.075(4), Florida Statutes (2016), “felony defense” instruction

Arp v. Waterway East Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2017-04-26

Citation: 217 So. 3d 117, 2017 WL 1496269, 2017 Fla. App. LEXIS 5793

Snippet: portion of the real property where injury occurs.” § 768.075(3)(a)l., Fla. Stat. (2011). However, erecting “No

Denise Nicholson v. Stonybrook Apartments, LLC, d/b/a Summit Housing Partners, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 490, 2015 Fla. App. LEXIS 183

Snippet: plaintiffs status to the land. Id. Section 768.075 of the Florida Statutes provides that “[a] person

Ryan v. National Marine Manufacturers Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

Citation: 103 So. 3d 1001, 2012 Fla. App. LEXIS 21660, 2012 WL 6602861

Snippet: liable for Collins’ death, pursuant to section 768.075(1), Florida Statutes (2009), which provides: a

Kuria v. BMLRW, LLLP

Court: District Court of Appeal of Florida | Date Filed: 2012-12-05

Citation: 101 So. 3d 425, 2012 Fla. App. LEXIS 20811, 2012 WL 6029107

Snippet: challenges the trial court’s finding that section 768.075(4), Florida Statute (2007), shields property owners

Chhouri v. Chhouri

Court: District Court of Appeal of Florida | Date Filed: 2008-11-05

Citation: 2 So. 3d 987, 2008 Fla. App. LEXIS 16963, 2008 WL 4790970

Snippet: ordered to pay $10,000 in attorney's costs, $10,768.75 in accountant fees, and $10,000 in costs to retain

Sierra v. Sunshine Developers, LLC

Court: District Court of Appeal of Florida | Date Filed: 2008-10-22

Citation: 994 So. 2d 424, 2008 Fla. App. LEXIS 16324, 2008 WL 4643325

Snippet: PER CURIAM. Affirmed. § 768.075, Fla. Stat. (2006).

Quarantello v. Leroy

Court: District Court of Appeal of Florida | Date Filed: 2008-02-15

Citation: 977 So. 2d 648, 2008 WL 397349

Snippet: language, "not liable for any action or omission"); § 768.075(1), Fla. Stat. (2007) (employing the phrase, "shall

Byers v. Radiant Group, LLC

Court: District Court of Appeal of Florida | Date Filed: 2007-10-19

Citation: 966 So. 2d 506, 2007 WL 3034856

Snippet: should receive an instruction based on section 768.075(4), Florida Statutes (2003). I am inclined to believe

Poe v. IMC PHOSPHATES MP, INC.

Court: District Court of Appeal of Florida | Date Filed: 2004-10-15

Citation: 885 So. 2d 397, 2004 WL 2308995

Snippet: § 36, at 1428, Laws of Fla. (amending section 768.075). [4] In Drady, this court cited to the version

Fleetwood Homes of Florida, Inc. v. Reeves

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 833 So. 2d 857, 2002 WL 31875183

Snippet: for such conduct in construction contracts); § 768.075(1), Fla. Stat. (2001) (duty owed by property owner

State v. FLORIDA CONNSUMRE ACTION NETWORK

Court: District Court of Appeal of Florida | Date Filed: 2002-10-09

Citation: 830 So. 2d 148, 2002 WL 31251017

Snippet: by convenience-store owners; amending section 768.075, restricting the liability of possessors of land

Ex parte Davidson

Court: Supreme Court of Florida | Date Filed: 1918-08-13

Citation: 76 Fla. 272, 79 So. 727, 1918 Fla. LEXIS 311

Snippet: differs essentially from In re Robinson, 73 Fla. 768, 75 South. Rep. 604. In the Robinson case the statute