The 2023 Florida Statutes (including Special Session C)
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. . . 773.02 of the Florida Statutes, which reads, in relevant part, as follows: Except as provided in s. 773.03 . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . claimant is saddled with the burden of establishing an applicable exception to exculpation under section 773.03 . . . factual dispute exists as to whether any of the exceptions to section 773.02 articulated in section 773.03 . . .
. . . Plaintiff contends the trial court erred in ignoring the negligence exception provided in section 773.03 . . . Plaintiff contended section 773.03(2)(d) provides an exception to an equine activity sponsors immunity . . . Section 773.02 provides that: Except as provided in. s. 773.03, an equine activity sponsor, an equine . . . Additionally, Section 773.03 provides: (2) Nothing in s. 773.02 shall prevent or limit the liability . . . (quoting section 773.03(2)(d)). . . . Section 773.02 provides in part: Except as provided in s. 773.03, an equine activity sponsor ... shall . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . The plaintiff relies upon the negligence exception found in section 773.03(2)(d) in an attempt to avoid . . . for the safety of the participant, which act or omission was a proximate cause of the injury.... § 773.03 . . . By reading section 773.03 in pari materia, it exempts from section 773.02’s immunity, negligent acts . . .
. . . duty, if it occurred, does not meet any of the narrow categories of exceptions set out under section 773.03 . . . A proper resolution of the issue requires a careful examination of sections 773.02, 773.03, and 773.04 . . . a participant resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . that section 773.02 explicitly refers only to the limitations from liability as provided in section 773.03 . . . 773.04 is supplied •by conjoining the provisions therein with the exceptions enumerated in section 773.03 . . .
. . . such as Raveson] resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . . Section 773.03(2)(b) does not eliminate liability when an equine professional fails to make reasonable . . . The provision contained in section 773.03(2)(b) may be an obstacle to an equine professional obtaining . . . The language of the exceptions to the limitation of liability found in section 773.03 does not specifically . . .
. . . the changes in the theft statute; and section 13 amends the accessory after the fact statute (section 773.03 . . .
. . . [such as Cara] resulting from the inherent risks of equine activities and, except as provided in s. 773.03 . . .