FL S1152

Summary of SB 1152 — Premises Liability (Florida, 2024)

• Amends Section 768.0701, Florida Statutes, to change the scope of premises liability from "criminal acts" of third parties to "intentional torts" of third parties, broadening the legal framework under which fault is assessed.

• Requires the trier of fact (judge or jury) to consider the fault of all persons, whether known or unknown, alleged to have contributed to the injury, effectively allowing property defendants to spread liability to unidentified third parties.

• Expands the range of defendants beyond property owners, lessors, operators, and managers to also include employees, members, directors, agents, tenants, franchisors, joint venturers, and contractors of such persons.

• Removes the requirement that the injured person must have been "lawfully on the property," instead extending the provision to any "person" as defined in Section 1.01 of Florida Statutes, which includes individuals and entities.

• Sponsored by Senator Collins with a proposed effective date of July 1, 2024.