CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2012 A.M.C. 159, 2011 WL 2565196, 2011 U.S. App. LEXIS 13277
...We do not believe that the plaintiffs have met their burden of establishing that the ESCAPE was in violation of a statute or regulation intended to prevent allisions at the time it came into contact with the WEJ. The plaintiffs invite our attention to section 327.40 of the Florida Statutes [10] and section 68D-23.102 of the *1253 Florida Administrative Code....
...at *10. Before us, the plaintiffs do not maintain that the district court was incorrect in its determination that the specific mooring requirements were not incorporated into the Florida regulations until after Hurricane Dennis. [10] The version of section 327.40 of Title XXIV of the Florida Statutes in effect at the time of Hurricane Dennis provided as follows: 327.40....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...d most of the ALJ's conclusions of law. In substituted conclusions of law, the order provides that the FWCC was required to investigate only "to make sure the placement of markers are not a hazard to navigation." The order states that "[p]ursuant to Section 327.40, Florida Statutes, the regulatory marker applicant was required to submit a statement describing the purpose of marking....
...In 1996, when the Lee County and Ventura cases were decided, Florida Administrative Code Rule 68D-23.105(1)(b), did not exist. A predecessor, Florida Administrative Code Rule 63N-23, contained no fact-based criteria such as those now found in Florida Administrative Code Rule 68D-23.105(1)(b). 112. Section 327.40(1), Florida Statutes, provides that: Waterways in Florida which need marking for safety or navigation[ ] purposes shall be [uniformly] marked... (emphasis supplied) Section 327.40(2)(a), Florida Statutes, further requires, after the submission of an application that the "division will assist the applicant to secure the proper permission from the Coast Guard [where required], make such investigations as needed, and issue the permit." (emphasis supplied) 113....
...ly a ministerial one. It would not thereby independently make a determination or confirmation that any of the factual scenarios or criteria of the FWC's own rule has been met. Such an interpretation is, however, contrary to the plain meaning of both Section 327.40, Florida Statutes, and Florida Administrative Code Rule 68D-23.105(1)(b). It would render those sections and criteria meaningless. It cannot be concluded that the Legislature, in enacting Section 327.40, Florida Statutes, and the commission, in 2001, when *75 it enacted the subject rule, did so, without a reason....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
which vessels are excluded."11 Furthermore, section
327.40, Florida Statutes, provides that no governmental
CopyPublished | Court of Appeals for the Eleventh Circuit
...We do not believe that the plaintiffs have met their burden of establishing
that the ESCAPE was in violation of a statute or regulation intended to prevent
allisions at the time it came into contact with the WEJ. The plaintiffs invite our
attention to section 327.40 of the Florida Statutes10 and section 68d-23.102 of the
10
The version of section 327.40 of Title XXIV of the Florida Statutes in effect at the
time of Hurricane Dennis provided as follows:
327.40....
