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The 2025 Florida Statutes
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F.S. 768.075768.075 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 768.075
Total Results: 14
833 So. 2d 857, 2002 WL 31875183
District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259184
Cited 10 times | Published
for such conduct in construction contracts); § 768.075(1), Fla. Stat. (2001) (duty owed by property owner
830 So. 2d 148, 2002 WL 31251017
District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 471355
Cited 10 times | Published
undertaken by convenience-store owners; amending section 768.075, restricting the liability of possessors of
217 So. 3d 117, 2017 WL 1496269, 2017 Fla. App. LEXIS 5793
District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60265636
Cited 7 times | Published
portion of the real property where injury occurs.” § 768.075(3)(a)l., Fla. Stat. (2011). However, erecting
977 So. 2d 648, 2008 WL 397349
District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1529949
Cited 7 times | Published
language, "not liable for any action or omission"); § 768.075(1), Fla. Stat. (2007) (employing the phrase, "shall
885 So. 2d 397, 2004 WL 2308995
District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1685269
Cited 7 times | Published
1413-15; § 36, at 1428, Laws of Fla. (amending section 768.075).
[4] In Drady, this court cited to the version
154 F. Supp. 3d 1294, 2015 U.S. Dist. LEXIS 172973, 2015 WL 9488953
District Court, M.D. Florida | Filed: Dec 30, 2015 | Docket: 64306205
Cited 5 times | Published
invitation, either express or implied.” Fla. Stat, § 768.075. This statute, entitled “Immunity from liability
154 So. 3d 490, 2015 Fla. App. LEXIS 183, 2015 WL 71839
District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621566
Cited 4 times | Published
plaintiffs status to the land.
Id.
Section 768.075 of the Florida Statutes provides that “[a]
966 So. 2d 506, 2007 WL 3034856
District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1271871
Cited 4 times | Published
jury should receive an instruction based on section 768.075(4), Florida Statutes (2003). I am inclined
101 So. 3d 425, 2012 Fla. App. LEXIS 20811, 2012 WL 6029107
District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226327
Cited 3 times | Published
challenges the trial court’s finding that section 768.075(4), Florida Statute (2007), shields property
District Court of Appeal of Florida | Filed: Jun 20, 2025 | Docket: 70590491
Published
that Adams was
insulated from liability. See § 768.075(2), Fla. Stat. (2024)
(immunizing landowners from
Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2025 | Docket: 68058713
Published
Argued: Dec 7, 2023
than they do an invitee. See Fla. Stat. § 768.075(2), (3)(b) (2015).
With respect to invitees
District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18604170
Published
trial
court erred in denying its request for a section 768.075(4), Florida Statutes
(2016), “felony defense”
103 So. 3d 1001, 2012 Fla. App. LEXIS 21660, 2012 WL 6602861
District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226832
Published
not liable for Collins’ death, pursuant to section 768.075(1), Florida Statutes (2009), which provides:
994 So. 2d 424, 2008 Fla. App. LEXIS 16324, 2008 WL 4643325
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856733
Published
PER CURIAM.
Affirmed. § 768.075, Fla. Stat. (2006).
