CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1995 WL 238801
...Potts stepped into a grass covered hole and was injured. Potts sued Johnson claiming negligence. Johnson moved for summary judgment arguing that Potts was illegally on the premises and thus was not entitled to the invitee status recently granted police officers lawfully on the premises pursuant to § 112.182, Florida Statutes (1990). After a hearing the trial court determined that Potts was not legally on the property and granted Johnson's motion. This appeal followed. § 112.182, Florida Statutes (1990), abolished the common law rule known as the "firefighter rule." Prior to the enactment of § 112.182 firefighters and police officers upon the land of another while carrying out their official duties occupied the status of a mere licensee. § 112.182, in pertinent part, states that: (1) A fire fighter or properly identified law enforcement officer who lawfully enters upon the premises of another in the discharge of his duty occupies the status of an invitee ... This case presents the following question of first impression: Whether the law of search and seizure should apply in deciding whether a police officer is lawfully upon a premises in the discharge of his duty for purposes of § 112.182, Florida Statutes (1990)....
...Finally, Johnson argues that the trial court properly found that Potts was an undiscovered trespasser, that Johnson's only duty was to refrain from willful and wanton conduct and that as a matter of law Johnson's conduct was not willful and wanton. Pursuant to § 112.182 a police officer is entitled to the same status as any other person lawfully on the property, that status being an invitee. The statute requires that a police officer's presence on the property of another be analyzed in light of the legality of the purpose for which the officer entered upon property. § 112.182, by it own terms, requires that the officer lawfully enter upon the premises of another in the discharge of his duty in order for its provisions to be applicable....
...Having found that the search was unlawful, Potts did not lawfully enter upon Johnson's backyard in the discharge of his official duties. See and compare Guin; A.E.R.. In performing an illegal warrantless search upon the property of another, Potts was not lawfully upon the property for purposes of § 112.182, Florida Statutes (1990)....
CopyCited 10 times | Published | Supreme Court of Florida | 1991 WL 88736
...We therefore answer the certified question in the negative, quash the district court's decision, and remand for further proceedings in accordance with this opinion. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] At the outset, we note that the legislature has enacted § 112.182, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 425956
...This appeal followed. The issue on appeal is whether Worth is to be considered a trespasser or an invitee as to Eugene Gentile Builders. For premises liability purposes, the status of a police officer acting in his official capacity is addressed in section 112.182, Florida Statutes (1993), which provides as follows: (1) A firefighter or properly identified law enforcement officer who lawfully enters upon the premises of another in the discharge of his or her duty occupies the status of an invitee....
...4th DCA 1996)(the purpose of the rule was to permit individuals requiring assistance "to summon aid without pausing to consider whether they will be held liable for consequences which, in most cases, are beyond their control"); Potts v. Johnson,
654 So.2d 596, 598 (Fla. 3d DCA 1995)(§
112.182, Fla.Stat.(1990) abolished the common law rule, the "firefighter rule," that firefighters and police officers upon the land of another while carrying out their official duties occupied the status of a mere licensee.) We reject the argument...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 1449, 2000 WL 192148
...Once a government entity builds or takes control of property or an improvement, it has the same common law duty as a private landowner to properly maintain and operate the property. See Trianon Park Condominium Ass'n, Inc. v. City of Hialeah,
468 So.2d 912 (Fla.1985). Here, Green was an invitee. See §
112.182(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 590632
...Walgreen,
675 So.2d 1036 (Fla. 1st DCA 1996); Fischer v. Metcalf,
543 So.2d 785 (Fla. 3d DCA 1989). We affirm the summary judgment in favor of appellees as to that count of the complaint. As to appellants' negligence counts, we agree with appellees that section
112.182(1), Florida Statutes (1995), abolishing the firefighter's rule, does not apply to the instant cause of action, because the incident took place in 1988, prior to the 1990 enactment of that statute....
...re beyond their control." Kilpatrick v. Sklar,
548 So.2d 215, 217 (Fla.1989) (quoting Rishel v. Eastern Airlines, Inc.,
466 So.2d 1136, 1138 (Fla. 3d DCA 1985)). The statute instead now confers on the firefighter or officer the status of an invitee. §
112.182(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9902, 1990 WL 212838
...The plaintiffs present two primary arguments on appeal. First, the plaintiffs argue that the Firefighter’s Rule has been abolished by the legislature and that the new statutory rule should apply to this case. The plaintiffs correctly note that the legislature adopted section 112.182, Florida Statutes (Supp.1990), to abolish the Firefighter Rule....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 3579, 1991 WL 55428
...TANCE WAS NEEDED, DOES THE FIREMAN’S RULE OPERATE TO BAR RECOVERY FOR THE FIREPER-SON’S OR POLICE OFFICER’S INJURIES? Neither party contends that the statutory change in the fireman’s rule applies to this case, and we agree that it does not. § 112.182, Fla.Stat....
