The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 570
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

View Entire Chapter

F.S. 570.88

570.88 Liability.—

(1) Except as provided in subsection (2), an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs is not liable for injury or death of, or damage or loss to, a participant resulting from the inherent risks of agritourism activities if the notice of risk required under s. 570.89 is posted as required. Except as provided in subsection (2), a participant, or a participant’s representative, may not maintain an action against or recover from an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs for the injury or death of, or damage or loss to, an agritourism participant resulting exclusively from any of the inherent risks of agritourism activities.

(2) In the event of the injury or death of, or damage or loss to, an agritourism participant, subsection (1) does not prevent or limit the liability of an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs if he or she:

(a) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant; or

(b) Intentionally injures the participant.

(3) The limitation on legal liability afforded by this section to an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs is in addition to any limitations of legal liability otherwise provided by law.

History.—s. 3, ch. 2013-179; s. 114, ch. 2014-150.

Note.—Former s. 570.963.

F.S. 570.88 on Google Scholar

F.S. 570.88 on Casetext

Amendments to 570.88

Arrestable Offenses / Crimes under Fla. Stat. 570.88

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 570.88.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JOHNSON, v. BIG LOTS STORES, INC., 604 F. Supp. 2d 903 (E.D. La. 2009)

. . . This bumps up Burden’s weekly rates to $526.77, $555.27, and $570.88 for the respective time frames. . . .

In MONTGOMERY, K. f k a K. v., 310 B.R. 169 (Bankr. C.D. Cal. 2004)

. . . Charles Ruhlen’s payroll deductions include: (a) payroll taxes and social security — $570.88; (b) 401K . . .

UNITED STATES E R CONSTRUCTION CO. INC. v. GUY H. JAMES CONSTRUCTION CO., 390 F. Supp. 1193 (M.D. Tenn. 1972)

. . . removal of 892 cubic yards of common excavation at the rate of 64 cents per cubic yard, for a total of $570.88 . . .