SC02-1568 -- Fredericka E. Breaux v. City of Miami Beach

State: Florida

Docket No: SC02-1568

Case Date: 03/24/2005

Preview:Supreme Court of Florida
________________________ Nos. SC02-1568 & SC02-1569 ________________________ FREDERICA E. BREAUX, etc., Petitioner, vs. CITY OF MIAMI BEACH, Respondent. RABBI ISRAEL POLEYEFF, etc., Petitioner, vs. CITY OF MIAMI BEACH, Respondent. [March 24, 2005] CORRECTED OPINION PARIENTE, C.J. We have for review the Third District Court of Appeal's decision in Poleyeff v. City of Miami Beach, 818 So. 2d 672 (Fla. 3d DCA 2002) (Poleyeff II), which expressly and directly conflicts with this Court's decision in Florida Department of

Natural Resources v. Garcia, 753 So. 2d 72 (Fla. 2000).1 We hold that when a municipality, such as the City of Miami Beach, operates a public beach as a swimming area by having public restrooms, showers, water fountains, parking, and a beach concessionaire from which it derives revenues, the municipality has a duty to exercise reasonable care under the circumstances to those foreseeable users of that swimming area. This holding is based on our longstanding and well-settled precedent addressing governmental entities that operate public swimming areas. We make no determination about whether the City of Miami Beach was negligent or whether any such negligence was the legal cause of the plaintiffs' damages. Nor do we determine what effect, if any, the principle of comparative negligence has on the plaintiffs' claims. Moreover, we note that as with all governmental entities, the City's liability is limited by the cap in the State's waiver of sovereign immunity set forth in section 768.28, Florida Statutes (2004).2 Accordingly, we quash the Third District's decision and remand for further proceedings. FACTS AND PROCEDURAL HISTORY On February 20, 1997, Eugenie Poleyeff and her husband, who were guests

1. We have jurisdiction. See art. V,

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