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HomeMy WebLinkAboutR-2022-038 Opposing Senate Bill 974 and House Bill 985 (Increase Statutory Limits on Liability for Tort Claims and Judgments Against Local Governments)RESOLUTION NO.2022-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING SENATE BILL 974 AND HOUSE BILL 985 IN THE 2022 FLORIDA LEGISLATIVE SESSION, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO OPPOSE SENATE BILL 974 AND HOUSE BILL 985 WHICH, IF ENACTED, WOULD INCREASE THE STATUTORY LIMITS ON LIABILITY FOR TORT CLAIMS AND JUDGMENTS AGAINST LOCAL GOVERNMENTS, AND PROVIDING FOR DISTRIBUTION, DIRECTION TO THE CITY'S STATE LOBBYISTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill 974 in the 2022 Florida Legislative Session would increase the statutory maximum amount that a local government is liable to pay for a tort claim or judgment from $200,000 per person and $300,000 per incident to $1,000,000 per person and $3,000,000 per incident, and would provide for decennial increases in those amounts based on the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Labor; and WHEREAS, House Bill 985 in the 2022 Florida Legislative Session would increase the statutory maximum amount that a local government is liable to pay for a tort claim or judgment from $200,000 per person and $300,000 per incident to $1,000,000 per person, and would provide for annual increases in those amounts based on the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Labor; and WHEREAS, if Senate Bill 974 or House Bill 985 in the 2022 Florida Legislative Session were to be signed into law, local governments would need to budget more funds to pay higher insurance premiums or, for those that are fully or partly self -insured, to pay for higher settlements or judgments or both; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission of the City of Dania Beach, Florida, opposes Senate Bill 974 and House Bill 985 in the 2022 Florida Legislative Session, and urges all members of the Florida Legislature and Governor Ron DeSantis to oppose Senate Bill 974, House Bill 985, and any other similar legislation or amendment that would increase the statutory maximum amount that a local government could be held liable for tort claims and judgments. Section 3. That the City Commission directs the City Clerk to transmit copies of this Resolution to the City's state lobbyists, Governor Ron DeSantis, Senate President Wilton Simpson, Speaker of the House Chris Sprowls, the Broward League of Cities, the Florida League of Cities, the Broward County Legislative Delegation, the Broward County Board of County Commissioners, and any other interested parties. Section 4. That the City Commission directs the City's state lobbyists to advocate against Senate Bill 974 and House Bill 985 in the 2022 Florida Legislative Session. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on March 8, 2022. r:VBr213 1 THOMAS SCHNEIDER, CMC ('.1"iPL)C�ji CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: (;4,6/ �-- EV,E,V. BO TSIS CI ATTORNEY 2 TAMARA MAYOR RESOLUTION #2022-038