basis of sovereign immunity in Florida

2022Tr. & Plan v. Castro, 279 So. 3d 803 , 806 n.11 (Fla. 3d DCA 2019); Medina v. Pollack, 300 So. 3d 173 (Fla. 4th DCA 2020).

2021Id. at 408-09 ; see also Beach Cmty. Bank v. City of Freeport, 150 So. 3d 1111, 1112-13 (Fla. 2014) (reaffirming that certiorari was not an appropriate basis to review the denial of a city's motion to dismiss on the basis of sovereign immunity but addressing the merits under amended rule 9.130(a) because the availability of sovereign immunity turned on an issue of law).

2005In their second amended complaint, Mr. Rudloe and Gulf Specimen again alleged that FSU had negligently breached its duty to verify the facts in Dr. Karl's submission to the Oceanography Department, and specifically relied on Miami Herald Publ'g Co. v. Ane, 458 So.2d 239 (Fla.1984).

2005Instead, relying exclusively on its prior en banc decision in Poleyeff I, the Third District held that the City had no duty to warn the decedents of, or safeguard them from, the naturally occurring rip currents because it did "not control the area or undertake a particular responsibility to do so." Poleyeff II, 818 So.2d at 673 (quoting Poleyeff I, 782 So.2d at 424 ).

2005Instead, relying exclusively on its prior en banc decision in Poleyeff I, the Third District held that the City had no duty to warn the decedents of, or safeguard them from, the naturally occurring rip currents because it did "not control the area or undertake a particular responsibility to do so." Poleyeff II, 818 So.2d at 673 (quoting Poleyeff I, 782 So.2d at 424 ).

2000Subsequent case authority, as discussed supra, appears to have soundly rejected Judge Jorgenson's interpretation of Trianon Park. [2] Although the complaint does not state exactly how the City specifically undertook to provide security, or which of its employees were dedicated to this purpose, on a motion to dismiss, the allegations of the complaint must be accepted as true. [3] See Avallone v. Board of County Comm'rs of Citrus County, 493 So.2d 1002 (Fla.1986)(holding that a governmental unit has the discretionary authority to operate or not operate swimming facilities and is immune from suit

2000NOTES [1] In a special concurring opinion, Judge Jorgenson stated that he would not reach the foreseeability question and would affirm on the basis of sovereign immunity. " Protection of the public against third party criminal attacks on public parkland is an inherently governmental function for which there has never been a common law duty of care. " 534 So.2d at 814 (citing Trianon Park )(emphasis added).

1997However, the trial judge allowed appellants to file a third amended complaint in an attempt to state a cause of action for negligent pursuit in accord with City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla. 1992).

1994Monell, 436 U.S. at 691 , 98 S.Ct. at 2036 . [6] Officers have probable cause to arrest when "the facts and circumstances within the collective knowledge of the law enforcement officials, of which they had reasonably trustworthy information, are sufficient to cause a person of reasonable caution to believe that an offense has been or is being committed." Wilson v. Attaway, 757 F.2d 1227, 1235 (11th Cir.1985) ( quoting United States v. Pantoja-Soto, 739 F.2d 1520, 1523 (11th Cir.1984), cert. denied, 470 U.S. 1008 , 105 S.Ct. 1369 , 84 L.Ed.2d 389 (1985). [7] As previously noted, the City, Count

1994Monell, 436 U.S. at 691 , 98 S.Ct. at 2036 . [6] Officers have probable cause to arrest when "the facts and circumstances within the collective knowledge of the law enforcement officials, of which they had reasonably trustworthy information, are sufficient to cause a person of reasonable caution to believe that an offense has been or is being committed." Wilson v. Attaway, 757 F.2d 1227, 1235 (11th Cir.1985) ( quoting United States v. Pantoja-Soto, 739 F.2d 1520, 1523 (11th Cir.1984), cert. denied, 470 U.S. 1008 , 105 S.Ct. 1369 , 84 L.Ed.2d 389 (1985). [7] As previously noted, the City, Count

1994Monell, 436 U.S. at 691 , 98 S.Ct. at 2036 . [6] Officers have probable cause to arrest when "the facts and circumstances within the collective knowledge of the law enforcement officials, of which they had reasonably trustworthy information, are sufficient to cause a person of reasonable caution to believe that an offense has been or is being committed." Wilson v. Attaway, 757 F.2d 1227, 1235 (11th Cir.1985) ( quoting United States v. Pantoja-Soto, 739 F.2d 1520, 1523 (11th Cir.1984), cert. denied, 470 U.S. 1008 , 105 S.Ct. 1369 , 84 L.Ed.2d 389 (1985). [7] As previously noted, the City, Count

1994Monell, 436 U.S. at 691 , 98 S.Ct. at 2036 . [6] Officers have probable cause to arrest when "the facts and circumstances within the collective knowledge of the law enforcement officials, of which they had reasonably trustworthy information, are sufficient to cause a person of reasonable caution to believe that an offense has been or is being committed." Wilson v. Attaway, 757 F.2d 1227, 1235 (11th Cir.1985) ( quoting United States v. Pantoja-Soto, 739 F.2d 1520, 1523 (11th Cir.1984), cert. denied, 470 U.S. 1008 , 105 S.Ct. 1369 , 84 L.Ed.2d 389 (1985). [7] As previously noted, the City, Count