HomeMy WebLinkAboutR-2023-014 Opposing HB 401 Which Would Increase Statutory Limits on Liability for Tort Claims and Judgments Against Local Governments executed RESOLUTION NO. 2023-014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING HOUSE BILL 401 SPONSORED BY
REPRESENTATIVE BELTRAN IN THE 2023 FLORIDA LEGISLATIVE
SESSION, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE
AND GOVERNOR RON DESANTIS TO OPPOSE THE HOUSE BILL
WHICH, IF ENACTED, WOULD INCREASE THE STATUTORY LIMITS ON
LIABILITY FOR TORT CLAIMS AND JUDGMENTS AGAINST LOCAL
GOVERNMENTS; PROVIDING FOR DISTRIBUTION; PROVIDING
DIRECTION TO THE CITY'S STATE LOBBYISTS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, sovereign immunity is a principle under which a government cannot be
sued without its consent; and
WHEREAS, Article X, Section 13 of the Florida Constitution allows the Legislature to
waive this immunity; and
WHEREAS, Florida Statute Section 768.28(1), allows for suits in tort against the state
and its agencies and subdivisions for damages resulting from the negligence of government
employees acting in the scope of employment; and
WHEREAS, Section 768.28(5), caps tort recovery from a governmental entity at
$200,000 per person and $300,000 per incident; and
WHEREAS, although a court may enter a judgment in excess of these caps, it is
impossible, absent a claim bill passed by the Legislature, for a claimant to collect more than the
caps provide; and
WHEREAS, Section 768.28(6), imposes pre-suit requirements upon a claimant seeking
to recover against a state or local government entity, allowing a general six-month period for the
government entity to review and dispose of a claim before the claimant may file a lawsuit; and
WHEREAS, a state or local government entity may, without the need for a claim bill,
settle a claim or pay a judgment against it for an amount in excess of the caps in s. 768.28, F.S.,
if that amount is within the limits of its insurance coverage; and
WHEREAS, House Bill 401 proposed by Representative Beltran removes the sovereign
immunity caps for damages against state and local government entities; it allows the state or a
subdivision of the state to settle a claim and pay the settled amount without the need for a claim
bill; it eliminates any statute of limitations for filing a claim against a state or local government
entity for sexual battery actions involving a victim who was younger than 16 years old at the
time of the incident; it does not resuscitate any such claim which would have been time-barred as
of July 1, 2010; it increases the time limitation for filing a claim from three years to four years
after the claim accrues; it reduces from six months to three months the general pre-suit statutory
time period for a government entity to review and dispose of a claim; it makes conforming
changes by removing any references to sovereign immunity caps in Florida law; and
WHEREAS, the bill will have an indeterminate, significant negative fiscal impact on
state and local governments and the increased costs will affect the State Risk Management Trust
Fund; and
WHEREAS, the bill may enable more individuals who have tort claims against the state
or one of its agencies or subdivisions to receive larger payments without the need to pursue a
claim bill; and
WHEREAS, the bill may reduce government services to the public in proportion to
additional amounts paid to satisfy tort claims; and
WHEREAS, if House Bill 401 in the 2023 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
House Bill 401 in the 2023 Florida Legislative Session, and urges all members of the Florida
Legislature and Governor Ron DeSantis to oppose House Bill 401 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.
2 RESOLUTION#2023-014
caps for damages against state and local government entities; it allows the state or a
subdivision of the state to settle a claim and pay the settled amount without the need for a claim
bill; it eliminates any statute of limitations for filing a claim against a state or local government
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 Kathleen
Passidomo, Speaker of the House Paul Renner, 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 House Bill 401 in the 2023 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 February 14, 2023
ATTEST:
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CITY CLERK '.�.4e�t cr MAYOR
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3 RESOLUTION#2023-014
ernments 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
House Bill 401 in the 2023 Florida Legislative Session, and urges all members of the Florida
Legislature and Governor Ron DeSantis to oppose House Bill 401 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.
2 RESOLUTION#2023-014
caps for damages against state and local government entities; it allows the state or a
subdivision of the state to settle a claim and pay the settled amount without the need for a claim
bill; it eliminates any statute of limitations for filing a claim against a state or local government