CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1993 WL 458951
...irements. OPT asserted that it was not sanctioned, warned, cited, or penalized for any violations. The trial court granted OPT's motion and entered final summary judgment. Torres argues that OPT's failure to secure certain permits was a violation of section 327.48, Florida Statutes (1991), [1] and state and federal regulations designed to protect boaters and spectators....
...Morris,
475 So.2d 666 (Fla. 1985). We therefore reverse the summary judgment and remand for further proceedings. Our holding makes it unnecessary for us to address the other releases or to reach the remaining points raised on appeal. Reversed and remanded. NOTES [1] Section
327.48 provides: "Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the coast guard when such event is held in navigable waters of the United States....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 16662, 2004 WL 2479757
...common law. See Burton v. Varner,
296 So.2d 641 (Fla. 3d DCA 1974). We do, however, agree with Mihelieh that the lower court erred in dismissing Count VI, but only as it relates to SLSC. In Count VI, Mihelieh alleged that SLSC violated a portion of section
327.48, Florida Statutes, by, among other things, failing to warn Gerald of shallow water and sandbars that might create a hazard to skiers. The lower court ruled, however, that an action pursuant to section
327.48 was not available to Mihelieh because the statute only applies to “navigable waters,” a category within which Sunset Lakes do not fall. Mihelieh agrees that Sunset Lakes are not navigable but contends that the trial court erred in its legal conclusion that the material part of section
327.48 is limited in application to navigable waters. Section
327.48 provides as follows: Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States....
...d navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water. § 327.48, Fla....
...Section
327.02(38), Florida Statutes, defines “waters of this state,” to include “navigable waters of the United States within the territorial limits of this state ... and all the inland lakes, rivers, and canals under the jurisdiction of this state.” (Emphasis added). SLSC concedes that section
327.48 is a safety regulation, and we conclude that Sunset Lakes fall within the definition of “waters of this state.” Therefore, the third sentence of section
327.48 is applicable to the event conducted here....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19612
...*1338 The amended final judgment and cost judgment are reversed as to WIOD and Continental and the order reducing the judgment by the amount of the medical malpractice settlement is affirmed. DOWNEY, HERSEY and WALDEN, JJ., concur. . Renumbered as Section 327.48, Florida Statutes (1981)....
