Florida Statutes

Fla. Stat. § 768.075 (2025)

Immunity from liability for injury to trespassers on real property.

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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.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 2002–2025 · leading case: Arp v. Waterway East Ass'n, 217 So. 3d 117 (Fla. 4th DCA 2017).

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Arp v. Waterway East Ass'n, 217 So. 3d 117 (Fla. 4th DCA 2017). · cites it 5× “Section 768.075(3), Florida Statutes (2011), which in certain circumstances provides tort immunity to owners of real property for injuries to trespassers on the property, divides the status of entrants into slightly different categories: invitees, discovered trespassers, and…”

Byers v. Radiant Grp., LLC, 966 So. 2d 506 (Fla. 2d DCA 2007). · cites it 10× “See also § 768.075, Fla. Stat. (2003) (limiting the liability of "[a] person or organization owning or controlling an interest in real property, or an agent of such person or organization" to persons under the influence of alcohol or controlled substances, to trespassers, and to…”

Seaberg v. Steak N' Shake Operations, Inc., 154 F. Supp. 3d 1294 (M.D. Fla. 2015). · cites it 11× “” Fla. Stat. § 768.075 (e)(a)l. The statute also separates trespassers into “discovered trespassers” (those whose actual physical presencé was detected by the property owner within 24 hours preceding the accident); and “undiscovered trespassers” ’(those whose actual physical…”

Denise Nicholson v. Stonybrook Apts., LLC, d/b/a Summit Hous. Partners, LLC, 154 So. 3d 490 (Fla. 4th DCA 2015). · cites it 5× “” § 768.075(2), Fla. Stat. (2013). However, 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…”

Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857 (Fla. 2d DCA 2002). · cites it 2× “(2001) (duty owed by insurance companies that disclose false information in cancellation letter); § 713.31(2)(a), Fla.”

Kuria v. Bmlrw, Lllp, 101 So. 3d 425 (Fla. 1st DCA 2012). · cites it 3× “After a hearing, the trial court granted Appellees’ motion for summary judgment and dismissed the action on the basis of section 768.075(4), Florida Statutes, which provides: A person or organization owning or controlling an interest in real property, or an agent of such person…”

Quarantello v. Leroy, 977 So. 2d 648 (Fla. 5th DCA 2008). · cites it 2× “(2007) (utilizing the language, "not liable for any action or omission"); § 768.075(1), Fla. Stat. (2007) (employing the phrase, "shall not be held liable for any civil damages"); § 768.”

State v. Florida Connsumre Action Network, 830 So. 2d 148 (Fla. 1st DCA 2002). · cites it 2× “0705, pertaining to the limitation of liability if security measures are undertaken by convenience-store owners; amending section 768.075, restricting the liability of possessors of land to trespassers; placing caps on punitive damages; amending section 768.”

Ryan v. Nat'l Marine Mfrs. Ass'n, 103 So. 3d 1001 (Fla. 3d DCA 2012). · cites it 6× “The sole question we must determine is whether, as a matter of law, NMMA and Beguiristain are entitled to the immunity provided by section 768.075, Florida Statutes. 3 Ryan argues that because the Agreement between NMMA and the City was a license, NMMA did not have exclusive…”

Poe v. Imc Phosphates Mp, Inc., 885 So. 2d 397 (Fla. 2d DCA 2004). “(amending section 768.075). [4] In Drady , this court cited to the version of section 367 that appears in the earlier Restatement of Torts (1934).”

Kinsale Ins. Co. v. Pride of St. Lucie Lodge 1189, Inc., 135 F.4th 961 (11th Cir. 2025). “See Fla. Stat. § 768.075 (2), (3)(b) (2015). With respect to invitees, businesses “owe a duty of reasonable care 10 Negligent security cases “fall under the auspices of premises liability as op- posed to ordinary negligence.”

Pride of St. Lucie Lodge 1189, Inc. d/b/a Temple 853 v. Teaira Nicole Reed (Fla. 4th DCA 2020). · cites it 14× “§ 768.075(4), Fla. Stat. (2016). The Lodge argued that there was evidence presented at trial showing the Decedent committed a felony on the Lodge’s property by knowingly striking the pregnant female.”

Show all 17 citing cases →

— 768.075(1) — 3 cases

Fleetwood Homes of Florida, Inc. v. Reeves, 833 So. 2d 857 (Fla. 2d DCA 2002). “(2001) (duty owed by insurance companies that disclose false information in cancellation letter); § 713.31(2)(a), Fla.”

Quarantello v. Leroy, 977 So. 2d 648 (Fla. 5th DCA 2008). “(2007) (utilizing the language, "not liable for any action or omission"); § 768.075(1), Fla. Stat. (2007) (employing the phrase, "shall not be held liable for any civil damages"); § 768.”

Ryan v. Nat'l Marine Mfrs. Ass'n, 103 So. 3d 1001 (Fla. 3d DCA 2012). “The sole question we must determine is whether, as a matter of law, NMMA and Beguiristain are entitled to the immunity provided by section 768.075, Florida Statutes. 3 Ryan argues that because the Agreement between NMMA and the City was a license, NMMA did not have exclusive…”

— 768.075(2) — 2 cases

Denise Nicholson v. Stonybrook Apts., LLC, d/b/a Summit Hous. Partners, LLC, 154 So. 3d 490 (Fla. 4th DCA 2015). “” § 768.075(2), Fla. Stat. (2013). However, 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…”

Robert Schramm v. Adams Homes of Nw. Florida, Inc. & Schumacher & Son Plumbing, LLC (Fla. 5th DCA 2025).

— 768.075(3) — 1 case

Arp v. Waterway East Ass'n, 217 So. 3d 117 (Fla. 4th DCA 2017). “Section 768.075(3), Florida Statutes (2011), which in certain circumstances provides tort immunity to owners of real property for injuries to trespassers on the property, divides the status of entrants into slightly different categories: invitees, discovered trespassers, and…”

— 768.075(3)(a) — 2 cases

Robert Schramm v. Adams Homes of Nw. Florida, Inc. & Schumacher & Son Plumbing, LLC (Fla. 5th DCA 2025).

— 768.075(3)(b) — 1 case

— 768.075(4) — 4 cases

Byers v. Radiant Grp., LLC, 966 So. 2d 506 (Fla. 2d DCA 2007). “See also § 768.075, Fla. Stat. (2003) (limiting the liability of "[a] person or organization owning or controlling an interest in real property, or an agent of such person or organization" to persons under the influence of alcohol or controlled substances, to trespassers, and to…”

Kuria v. Bmlrw, Lllp, 101 So. 3d 425 (Fla. 1st DCA 2012). “After a hearing, the trial court granted Appellees’ motion for summary judgment and dismissed the action on the basis of section 768.075(4), Florida Statutes, which provides: A person or organization owning or controlling an interest in real property, or an agent of such person…”

Pride of St. Lucie Lodge 1189, Inc. d/b/a Temple 853 v. Teaira Nicole Reed (Fla. 4th DCA 2020). “§ 768.075(4), Fla. Stat. (2016). The Lodge argued that there was evidence presented at trial showing the Decedent committed a felony on the Lodge’s property by knowingly striking the pregnant female.”

Pearrow v. ESA P Portfolio L.L.C. (S.D. Fla. 2023).

— 768.075(e)(a) — 1 case

Seaberg v. Steak N' Shake Operations, Inc., 154 F. Supp. 3d 1294 (M.D. Fla. 2015). “” Fla. Stat. § 768.075 (e)(a)l. The statute also separates trespassers into “discovered trespassers” (those whose actual physical presencé was detected by the property owner within 24 hours preceding the accident); and “undiscovered trespassers” ’(those whose actual physical…”

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