Senate Bill sb0124

    Florida Senate - 2006        (Corrected Copy)           SB 124

    By Senator Posey





    24-37A-06

  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 agency is not liable for injury,

  5         death, or property damage effected or caused by

  6         a person fleeing a law enforcement officer

  7         under certain circumstances; providing for

  8         severability; providing for application;

  9         providing an effective date.

10  

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

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

14  section 768.28, Florida Statutes, to read:

15         768.28  Waiver of sovereign immunity in tort actions;

16  recovery limits; limitation on attorney fees; statute of

17  limitations; exclusions; indemnification; risk management

18  programs.--

19         (9)

20         (d)  The employing agency of a law enforcement officer

21  as defined in s. 943.10 is not liable for injury, death, or

22  property damage effected or caused by a person fleeing from a

23  law enforcement officer in a motor vehicle if:

24         1.  The pursuit is conducted in a manner that does not

25  involve conduct by the officer which is so reckless or wanting

26  in care as to constitute disregard of human life, human

27  rights, safety, or the property of another;

28         2.  At the time the law enforcement officer initiates

29  the pursuit, the officer reasonably believes that the person

30  fleeing has committed a forcible felony as defined in s.

31  776.08; and

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






    Florida Senate - 2006        (Corrected Copy)           SB 124
    24-37A-06




 1         3.  The pursuit is conducted by the officer pursuant to

 2  a written policy governing high-speed pursuit adopted by the

 3  employing agency. The policy must contain specific procedures

 4  concerning the proper method to initiate and terminate

 5  high-speed pursuit. The law enforcement officer must have

 6  received instructional training from the employing agency on

 7  the written policy governing high-speed pursuit.

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

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

10  invalidity does not affect other provisions or applications of

11  this act which can be given effect without the invalid

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

13  this act are severable.

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

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

16  after the effective date.

17  

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19                          SENATE SUMMARY

20    Specifies circumstances under which the employing agency
      of a law enforcement officer is not liable for injury,
21    death, or property damage caused by a person fleeing from
      the officer in a motor vehicle.
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CODING: Words stricken are deletions; words underlined are additions.