Tallahassee – State Representative Leonard Bembry (D-Greenville) is pleased to announce the passage of CS/CS/HB 313, the Landowner/Premises Liability bill he sponsored during the 2012 Legislative Session. It was signed by Governor Scott Friday.
The purpose of HB 313 is to provide more opportunities for the public to enjoy outdoor recreation by extending limited liability protection to landowners who allow the public onto their lands for outdoor recreational purposes.
For the public, the legislation will increase the likelihood there will be more lands available where they can enjoy a number of outdoor activities such as fishing, swimming, hunting and camping to name a few.
For landowners who don’t want to lease land to the government for public use, this bill allows them to make a simplified legal arrangement – a written agreement – with the state to use their land for outdoor recreation and still receive limited liability protection.
The bill also gives landowners the option of receiving limited liability protection if they themselves want to allow access to individuals or smaller groups of people, such as church, veterans or Boy Scout groups, primarily for wildlife viewing, fishing or hunting.
All the landowners have to do to receive limited liability protection is: Give written notice or post notice to those using the land that the landowner has limitation of liability, and allow free access to those who will use the land (no charge, no profit). In either situation, landowners would lose the liability protection if they intentionally injure people or their property on the land.
“I want to thank Senator Charles Dean and Representative W. Gregory “Greg” Steube of Sarasota for co-sponsoring this bill and all those who recognized that HB 313 creates a win-win situation for the public, for landowners and for the state,” stated Representative Bembry.
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