FL Recreational Land Use Statute.....how we can legally fly on private land

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Primal Flight
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FL Recreational Land Use Statute.....how we can legally fly on private land

Post by Primal Flight » Mon Sep 09, 2019 12:38 pm

Florida has a very well written recreational land use statute that basically allows anyone to use most private property for recreational purposes, and holds the property owner harmless from any liability for injuries or damage caused by someone using the land or just being there and getting hurt. So if someone does not want you to use their property because they are afraid of liability, show them this statute.

Some good info here on the subject: https://www.dolmanlaw.com/what-is-flori ... e-statute/ (excerpts quoted below)
The statute limits the liability of any private owner of land, water areas, or parks who makes areas available for public use without charge, even if dangerous conditions or the actions of a third-party injure someone on the property. Under this statute, the property owner specifically does not need to keep that area safe for entry or use or warn persons entering about any hazardous conditions on the property. Furthermore, an owner:

-Is presumed not to extend the assurance that the property is safe—that is, you are assuming the risk of entry
-Does not have a duty of care toward a person who enters that property, and generally is not liable for negligence
-Is not responsible for injuries to people or property on the land.
And the actual statute is here: http://www.leg.state.fl.us/Statutes/ind ... 5.251.html

Of course there are exceptions and rules to follow.

1. The land must be publicly accessible. If there are no-trespassing signs, or fences up, or even a dwelling on the property, it is not considered publicly accessible. Some places that are generally usable and covered by this statute are things like churches that leave their property accessible to the public.
2. The land owner cannot charge for use of the land, or derive revenue "from patronage of the area for outdoor recreational purposes". This presumably means the owner can't setup a store on the property and sell food or drinks and expect to not be liable for what happens.

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