HB 1323 — Private Campground Liability

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323CS/HB1323 2023 A bill to be entitled An act relating to private campground liability;

providing for the award of reasonable costs and attorney fees under certain circumstances;

(a) "Camping" means all aspects of visiting, staying at, using, and departing from a private campground, regardless of the type of lodging a guest visited, stayed at, used, or Page 1of 65 CODING:

hb1323-00hb1323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323CS/HB1323 2023 using, and departing from a private campground, regardless of the type of lodging a guest visited, stayed at, used, or departed from at the private campground.

Natural bodies of waterwater. and facilities allowing use of the water, including piers, docks, and recreational facilities or areas for swimming and aquatic sports.

A person acting in a negligent manner inif which the private campground operator is not involved.aware of or involved in such action.

The term does not include a lack of lighting at structures such as bathhouses, laundry facilities, visitor centers, game rooms, or other similar common area structures.

Page11. 2of 6 CODING:

Animals of other persons which cause injury, unless Page 2of 5 CODING:

hb1323-00hb1323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323CS/HB1323 2023 11.the private campground has accepted responsibility for care of the animal.

Animals of other persons which cause injury, unless the private campground has accepted responsibility for care of the animal.

FireworksAny setperson offcoming byonto anya personcampsite orwho offsiteis entity not authorizedknown byto the private campground operator.

13.

Any person coming onto a campsite who is not reported to the private campground operator.

(2) Except as provided in subsection (3), a private campground operator is immune from civil liability for acts or omissions related to camping at a private campground if, as a result of the inherent risk of camping, a person or animal is Pageinjured 3ofor 6killed CODING:or a person's property is damaged or lost at the private campground.

(3) Subsection (2) does not apply if the person seeking Page 3of 5 CODING:

hb1323-00hb1323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323CS/HB1323 2023 injuredimmunity ordoes killedany orof a person's property is damaged or lost at the privatefollowing: campground.

(3) Subsection (2) does not apply if the person seeking immunity does any of the following:

99 WARNING Page 4of 65 CODING:

hb1323-00hb1323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323CS/HB1323 2023 WARNING Under Florida law, a private campground owner, operator, or employee is not liable for a person's injury or death, or any damage to or loss of such person's property, who is camping at a private campground if such injury, death, damage, or loss results from the inherent risk of camping.

(5) InThis a civil action filed pursuant to this section againstdoes anot privatelimit campground operator for a person's injury or death or the damageimmunity tocreated orby lossother ofsections a person's property resulting from an activity covered under the inherent risk of camping,law, theby courtcontractual mustwaiver, assessor andby awardcommon reasonablelaw costsassumptions of defense,risk. Page 5of 6 CODING:

Words strickenare deletions;

words underlined are additions.

hb1323-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1323 2023 including reasonable attorney fees, against the plaintiff or responsible party if the court determines that the immunity from liability under subsection (2) applies to the private campground operator.

(6) This section does not limit the immunity created by other sections of law, by contractual waiver, or by common law assumptions of risk.

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