GARCIA v. STATE, DEPT. OF NAT. RESOURCES

No. 96-3588.

707 So.2d 1158 (1998)

Juan A. GARCIA, Jr.; Juan A. Garcia and Barbara Garcia, as the natural parents of Juan Garcia, Jr.; Juan A. Garcia, Individually, and Barbara Garcia, Individually, Appellants, v. The STATE of Florida, DEPARTMENT OF NATURAL RESOURCES, n/k/a Department of Environmental Protection, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 1998.


Attorney(s) appearing for the Case

Needle, Gallagher & Areces, Miami; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel D. Eaton, Miami, for appellants.

Hermellee & Stieglitz and Bruce G. Hermellee and Esperanza V. Cervantes, Miami; Sarah Helene Sharp, Jacksonville, for appellee.

Before NESBITT, GODERICH and GREEN, JJ.


NESBITT, Judge.

The issue in this appeal is whether the State has a duty of care towards swimmers at a public beach, where that beach is state-owned, but is controlled and operated by a municipality in accordance with a management agreement between the State and the municipality. Because we find that the duty of care owed by owners of property, including owners of bodies of water, cannot be delegated, we hold that the State owed a duty of care to swimmers at the state...

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