Senate Bill sb2002

    Florida Senate - 2005                                  SB 2002

    By Senator Posey





    24-1183A-05

  1                      A bill to be entitled

  2         An act relating to sovereign immunity; amending

  3         s. 768.28, F.S.; providing that a law

  4         enforcement officer and the employing agency of

  5         the officer are not liable for civil damages

  6         for injury or death effected or caused by a

  7         person fleeing from the law enforcement officer

  8         under certain circumstances; providing for

  9         severability; providing for application;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (d) is added to subsection (9) of

15  section 768.28, Florida Statutes, to read:

16         768.28  Waiver of sovereign immunity in tort actions;

17  recovery limits; limitation on attorney fees; statute of

18  limitations; exclusions; indemnification; risk management

19  programs.--

20         (9)

21         (d)  A law enforcement officer as defined in s. 943.10

22  who is employed by the state or any political subdivision of

23  the state, or the employing agency of that officer as defined

24  in s. 943.10, is not liable for civil damages for injury or

25  death effected or caused by a person fleeing from the law

26  enforcement officer if the pursuit of that person is conducted

27  in a manner that does not involve willful or wanton disregard

28  for the safety of persons or property on the part of the law

29  enforcement officer and the person fleeing is reasonably

30  believed to have committed a felony violation of the laws of

31  this state.

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    Florida Senate - 2005                                  SB 2002
    24-1183A-05




 1         Section 2.  If any provision of this act or its

 2  application to any person or circumstance is held invalid, the

 3  invalidity does not affect other provisions or applications of

 4  this act which can be given effect without the invalid

 5  provision or application, and to this end the provisions of

 6  this act are declared severable.

 7         Section 3.  This act shall take effect upon becoming a

 8  law and shall apply to causes of action that accrue on or

 9  after the effective date.

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12                          SENATE SUMMARY

13    Provides that a law enforcement officer and the employing
      agency of the officer are not liable for civil damages
14    for injury or death effected or caused by a person
      fleeing from a law enforcement officer under certain
15    circumstances.

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CODING: Words stricken are deletions; words underlined are additions.