Miulli v. Fla. High Sch. Ath. Ass'n
2008 Fla. App. LEXIS 17491 (Fla. 2d DCA 2008)
A personal representative of a decedent's estate (PR) appealed an order which dismissed with prejudice her second amended complaint against a high school athletic association alleging claims of strict liability, negligence per se, and simple negligence. The PR alleged that the association violated § 1006.20(2)(c), Fla. Stat. (2005), by requiring medical evaluations only for participation in interscholastic athletics, and that, the decedent died as a result of that breach as he was allowed to engage in a baseball team tryout without first securing a medical evaluation. The appellate court affirmed the dismissal and held that there was no private cause of action under § 1006.20 for an alleged failure to enact a particular bylaw. Under § 1006.20, the association had the exclusive authority to adopt bylaws relating to student participation in interscholastic athletic teams. The Florida legislature did not create a private cause of action for individuals based upon the association's failure to enact specific bylaws. Ch. 1006, Fla. Stat., as a whole, regulated the health, safety, and welfare of students. The express authorization to pursue a private right of action under § 1006.24, Fla. Stat. demonstrated that the legislature did not intend to provide a private cause of action with regard to other ch. 1006 claims.