Emergency Law Inventory | Full Law Text

Law Number

Fla. Stat. 252.51

Summary Title

Liability: Use of Real Estate


An individual who owns or controls real estate and, voluntarily and without compensation, allows it to be used to shelter people during an actual, impending, or mock disaster or attack will not be held legally responsible for death, injury, or damage to property suffered while on their real estate. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title


Full Text

Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation, other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the local emergency management agency or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the state or its applicable agency or subdivision for the purposes of s. 768.28.