(1) Except as provided in subsection (2), an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs is not liable for injury or death of, or damage or loss to, a participant resulting from the inherent risks of agritourism activities if the notice of risk required under s. 570.89 is posted as required. Except as provided in subsection (2), a participant, or a participant’s representative, may not maintain an action against or recover from an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs for the injury or death of, or damage or loss to, an agritourism participant resulting exclusively from any of the inherent risks of agritourism activities.
(2) In the event of the injury or death of, or damage or loss to, an agritourism participant, subsection (1) does not prevent or limit the liability of an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs if he or she:
(a) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant; or
(b) Intentionally injures the participant.
(3) The limitation on legal liability afforded by this section to an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs is in addition to any limitations of legal liability otherwise provided by law.
History.—s. 3, ch. 2013-179; s. 114, ch. 2014-150.
Note.—Former s. 570.963.
Structure Florida Statutes
Title XXXV - Agriculture, Horticulture, and Animal Industry
Chapter 570 - Department of Agriculture and Consumer Services
Part III - Agricultural Development (Ss. 570.70-570.89)
570.70 - Legislative findings.
570.71 - Conservation easements and agreements.
570.715 - Conservation easement acquisition procedures.
570.74 - Definitions relating to Agricultural Economic Development Act.
570.75 - Agricultural Economic Development Program; legislative intent.
570.76 - Department of Agriculture and Consumer Services; powers and duties.
570.77 - Interaction with other economic development agencies and groups.
570.78 - Agricultural economic development funding.
570.81 - Agricultural Economic Development Project Review Committee; powers and duties.
570.82 - Agricultural Economic Development Program disaster loans and grants and aid.
570.841 - Farm-to-fuel initiative.
570.843 - Florida Young Farmer and Rancher Advisory Council.
570.844 - Florida Young Farmer and Rancher Resource Clearinghouse.
570.87 - Agritourism participation impact on land classification.