Florida’s Campground Immunity Bill and What it Means for Campgrounds in the State

HB 1323, a bill being pushed in Florida that aims to relieve some unnecessary pressures for campground owners is off to a good start as The House Civil Justice Subcommittee on Monday passed the bill by an 11-5 vote.

The bill is being pushed with the hopes to help reduce the number of bogus and fraudulent claims being faced by park owners and their insurance companies. 

Just like any place of business, campgrounds have the responsibility of ensuring they are generally safe for guests. For generations, operators have maintained campground safety, yet many are feeling the pain from the constant pressure of demand letters regarding campground injuries—concerns most might consider “things that really are just the inherent risks of camping.”

Florida lawmakers such as Rep. Dean Black (Jacksonville Republican), together with the Florida RV Park and Campground Association (FRVCA), are pushing for the bill that would grant immunity to campground owners from civil liability should a guest or their pet experience inherent risks at the campground.

Bill Won’t Take Away Campground Liability, Supporters Say

The bill, supporters argue, was not meant to completely remove a campground’s liability, but to reduce fraudulent insurance lawsuits for RV park owners and operators in the state.

Bobby Cornwell, the president and CEO of the Florida and Alabama RV Park and Campground Association, said that the issue lies not with legitimate claims from campers, but with the crisis caused by fraudulent insurance lawsuits in Florida over the past few years.

“Until new laws are in place to stop these frivolous suits, insurance companies will continue to raise their rates and/or choose to not do business in Florida as they deem it too risky,” Cornwell told Modern Campground.

Florida, he said, holds seven percent of all claims nationwide. He shared that out of all the insurance and liability lawsuits (“slip and fall” type cases) in the country, 70% come from the Sunshine State.

“Insurance has doubled or even tripled over the past couple years for many of our park owners, making insurance costs and availability one of their biggest concerns and operational expenses,” the association executive told Modern Campground in an email exchange.

He believes that without the bill and other significant reform measures, the insurance problem in the state “will only get worse”. Cornwell is hopeful that the legislation will bring needed relief in insurance costs and availability, which, in turn, would positively impact the Florida market.

What the Bill Seeks

In March last year, a similar bill was proposed in Michigan to protect campgrounds against lawsuits based on risks that naturally come with camping.

Under the Michigan bill, inherent risks include features of the natural world, lack of lighting, weather, campfires, wildlife, other visitors’ actions, fireworks not authorized by the campground, and use of playground or pool equipment.

Meanwhile, for the Florida bill, the responsibility for some camping risks would be shifted to the campers, and natural risks such as weather, insects, and unpredictable terrain would be excluded from the campground’s responsibility. 

Florida’s HB 1323  would also protect campground operators from liability claims caused by unnatural risks, such as pet attacks and fireworks—except in cases where the operator intentionally committed the act or demonstrated “willful or wanton disregard” for the victim’s safety. 

Still, the proposal specifies that private campground owners could still be negligent for incidents surrounding man-made structures such as piers and docks.

The passing of this bill, per Cornwell, will also decrease “the amount of time, trouble, and expenses a park owner must waste hiring a lawyer and dealing with claims that should have never been filed in the first place.”

The Bigger Picture

With the passing of HB 1323, FRVCA’s president and CEO pointed out that the problem won’t be fixed overnight, but the state will begin to see more insurance companies re-enter the market and expand their client base to spread out the risks.

In turn, this will lead to more healthy competition between the carriers and ultimately lower rates not only for the association’s members but also for all business owners in Florida.

This bill has two more House committees to go through. Also, a Senate version of the bill (SB 1054) has yet to be introduced in committee. 

The campground association is working closely with the Florida Governor’s Office and “is in support of Governor DeSantis’ massive tort reform legislation which will positively impact all of our members and bring the changes Florida needs,” per FRVCA President & CEO Bobby Cornwell.

Asked for the association’s message to campground owners and operators, he said: “The [association] understands how big of an issue this is for our industry. The significant measures we are taking to bring relief for our members is our top priority and a great example of the importance of being a member of the association and supporting our PAC and legislative efforts.”

“This isn’t a problem any one business or organization can solve. It takes us all working together and fortunately, we have a strong legislative and lobbying team in Tallahassee working on behalf of all our members,” he added.

Cornwell also expressed his gratitude to FRVCA members who have responded to surveys and requests for insurance details—things the association deems instrumental in relaying the importance of the issue to government officials.  

The association will also be providing more updates at its Annual Conference and Expo in Daytona Beach scheduled May 9-11.