§ 254-126. Outdoor recreational purposes.

(a)

The purpose of this section is to encourage Melbourne-Tillman Water Control District to make available land to the public for outdoor recreational purposes by limiting its liability to persons going thereon and to third persons who may be damaged by the acts or omissions of persons going thereon.

(b)

Except as provided in subsection (d), if the district provides the public with land for outdoor recreational purposes, or allows access to district lands for outdoor recreational purposes, it owes no duty of care to keep the land safe for entry or use by others or to give warnings to persons entering or going on such land of any hazardous conditions, structures, or activities thereon. The district, when providing land for outdoor recreational purposes, does not, by providing that land, extend any assurance that such land is safe for any purpose, does not incur any duty of care toward a person who goes on the land, and is not responsible for any injury to persons or property caused by an act or omission of a person who goes on that land. This subsection does not apply if there is any charge made or usually made for entering or using the land, or if any commercial or other activity from which profit is derived from the patronage of the public is conducted on any such land or any part thereof.

(c)

(1)

Except as provided in subsection (d), if the district leases any land to any other governmental entity for outdoor recreational purposes, or enters into a joint use agreement of any kind, or provides access for outdoor recreational purposes, the district owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going on that land of any hazardous conditions, structures, or activities thereon. If the district leases or enters into a joint use or similar agreement regarding any of its land with any other governmental entity for outdoor recreational purposes, the district does not, by giving such lease or agreement, extend any assurance that such land is safe for any purpose, incur any duty of care toward a person who goes on the leased land or land subject to the joint use or similar agreement, and is not responsible for any injury to persons or property caused by any act or omission of a person who goes on the land subject to any lease or joint use or similar agreement.

(2)

This subsection applies to any person going on the leased land or land subject to a joint use or similar agreement, irrespective of whether the person goes as an invitee, licensee, or trespasser or in any other capacity.

(d)

This section does not relieve the district of any liability that would otherwise exist for gross negligence or a deliberate, willful, or malicious injury to a person or property. This section does not create or increase the liability of the district or person beyond that which is authorized by F.S. § 768.28.

(e)

The term "outdoor recreational purposes," as used herein, includes bicycling, hiking, and canoeing or activities similar thereto.

(Laws of Fla. ch. 2001-336, § 3)