768.137 Definition; limitation of civil liability for certain farmers; exception. - Florida Statutes

768.137 Definition; limitation of civil liability for certain farmers; exception.

   (1) For the purposes of this section, the term “farmer” means a person who is engaging in the growing or producing of farm produce, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or a person designated in writing by the owner or lessee to act as her or his agent.

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   (2) Any farmer who gratuitously allows persons to enter upon her or his own land for the purpose of removing any farm produce or crops remaining in the fields following the harvesting thereof, shall be exempt from civil liability arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such farm produce or crop.

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   (3) The exemption from civil liability provided for in this section shall not apply if injury or death directly results from the gross negligence, intentional act, or from known dangerous conditions not disclosed by the farmer.

History. s. 1, ch. 92-85; s. 3, ch. 92-151; ss. 1165, 1166, ch. 97-102.

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Note. As created by s. 1, ch. 92-85. Subsections (2) and (3) were also created by s. 3, ch. 92-151. The ch. 92-85 version is published here as the last expression of legislative will (see Journal of the House of Representatives 1992, p. 2021, and Journal of the Senate 1992, pp. 1508 and 1811). Subsections (2) and (3), as created by s. 3, ch. 92-151, read:

(2) Any farmer who gratuitously allows persons to enter upon her or his own land for the purpose of removing any farm produce or crops remaining in the fields following the harvesting thereof shall be exempt from civil liability arising out of any injury or death resulting from the nature or condition of such land or the nature, age, or condition of any such farm produce or crop provided that this exemption shall not apply if the farmer knowingly allows a dangerous condition or situation to exist and does not disclose such condition or situation.

(3) The exemption from civil liability provided for in this section shall not apply if injury or death directly results from the gross negligence or intentional act of the farmer.