Florida Senate - 2008 SB 2616
By Senator Bennett
21-04318-08 20082616__
1
A bill to be entitled
2
An act relating to sovereign immunity for law enforcement
3
agencies; providing a short title; providing legislative
4
findings and intent; amending s. 768.28, F.S.; prescribing
5
conditions under which a law enforcement agency is immune
6
from liability for damages resulting from its conduct of a
7
criminal investigation; specifying certain discretionary
8
acts that are not subject to liability; amending ss.
11
conforming statutory cross-references; providing an
12
effective date.
13
14
Be It Enacted by the Legislature of the State of Florida:
15
16
Section 1. This act may be cited as the "Mark Lunsford Show
17
Respect and Gratitude to Law Enforcement Act."
18
Section 2. The Legislature finds that a law enforcement
19
agency, in the course of conducting a criminal investigation,
20
must make difficult and complex decisions while under significant
21
pressure concerning the manner in which it conducts the
22
investigation. These decisions include, but are not limited to,
23
decisions regarding which individuals the agency should question,
24
which leads or theories the agency should pursue, and which
25
properties the agency should search. Therefore, it is the intent
26
of the Legislature that a law enforcement agency, when acting in
27
good faith and in the best interests of crime victims, their
28
families, and the public and using professional judgment and
29
experience, not face civil liability for damages that may result
30
from these types actions in conducting a criminal investigation.
31
Section 3. Present subsections (10) through (20) of section
32
768.28, Florida Statutes, are renumbered as subsections (11)
33
through (21), respectively, and a new subsection (10) is added to
34
that section, to read:
35
768.28 Waiver of sovereign immunity in tort actions;
36
recovery limits; limitation on attorney fees; statute of
37
limitations; exclusions; indemnification; risk management
38
programs.--
39
(10)(a) A law enforcement agency acting in good faith and
40
in the course of its business is not liable for damages under
41
this section arising from the manner in which it conducts a
42
criminal investigation unless the damages result from a wholly
43
operational, rather than discretionary, act of the agency or its
44
officers, employees, or agents, and the agency or its officers,
45
employees, or agents failed to use reasonable care in performing
46
that operational act.
47
(b) For purposes of this subsection, discretionary acts
48
include, but are not limited to:
49
1. Decisions relating to which investigatory leads or
50
theories to pursue;
51
2. Decisions relating to which individuals to question; and
52
3. Decisions relating to which properties to search and
53
under what conditions.
54
Section 4. Paragraph (b) of subsection (2) of section
55
29.0081, Florida Statutes, is amended to read:
56
29.0081 County funding of additional court personnel.--
57
(2) The agreement shall, at a minimum, provide that:
58
(b) The personnel whose employment is funded under the
59
agreement are hired, supervised, managed, and fired by personnel
60
of the judicial circuit. The county shall be considered the
61
employer for purposes of s. 440.10 and chapter 443. Employees
62
funded by the county under this section and other county
63
employees may be aggregated for purposes of a flexible benefits
64
plan pursuant to s. 125 of the Internal Revenue Code of 1986. The
65
judicial circuit shall supervise the personnel whose employment
66
is funded under the agreement; be responsible for compliance with
67
all requirements of federal and state employment laws, including,
68
but not limited to, Title VII of the Civil Rights Act of 1964,
69
Title I of the Americans with Disabilities Act, 42 U.S.C. s.
70
1983, the Family Medical Leave Act, the Fair Labor Standards Act,
72
fully indemnify the county from any liability under such laws, as
74
liability is the result of the acts or omissions of the judicial
75
circuit or its agents or employees.
76
Section 5. Paragraph (h) of subsection (3) of section
77
163.01, Florida Statutes, is amended to read:
78
163.01 Florida Interlocal Cooperation Act of 1969.--
79
(3) As used in this section:
80
(h) "Local government liability pool" means a reciprocal
81
insurer as defined in s. 629.021 or any self-insurance program
83
controlled by counties or municipalities of this state to provide
84
liability insurance coverage for counties, municipalities, or
85
other public agencies of this state, which pool may contract with
86
other parties for the purpose of providing claims administration,
87
processing, accounting, and other administrative facilities.
88
Section 6. Paragraph (a) of subsection (2) of section
89
456.048, Florida Statutes, is amended to read:
90
456.048 Financial responsibility requirements for certain
91
health care practitioners.--
92
(2) The board or department may grant exemptions upon
93
application by practitioners meeting any of the following
94
criteria:
95
(a) Any person licensed under chapter 457, s. 458.3475, s.
97
chapter 467 who practices exclusively as an officer, employee, or
98
agent of the Federal Government or of the state or its agencies
99
or its subdivisions. For the purposes of this subsection, an
100
agent of the state, its agencies, or its subdivisions is a person
101
who is eligible for coverage under any self-insurance or
102
insurance program authorized by the provisions of s. 768.28(17)
104
Section 7. Paragraph (a) of subsection (5) of section
105
458.320, Florida Statutes, is amended to read:
106
458.320 Financial responsibility.--
107
(5) The requirements of subsections (1), (2), and (3) do
108
not apply to:
109
(a) Any person licensed under this chapter who practices
110
medicine exclusively as an officer, employee, or agent of the
111
Federal Government or of the state or its agencies or its
112
subdivisions. For the purposes of this subsection, an agent of
113
the state, its agencies, or its subdivisions is a person who is
114
eligible for coverage under any self-insurance or insurance
115
program authorized by the provisions of s. 768.28(17) s.
116
768.28(16).
117
Section 8. Paragraph (a) of subsection (5) of section
118
459.0085, Florida Statutes, is amended to read:
119
459.0085 Financial responsibility.--
120
(5) The requirements of subsections (1), (2), and (3) do
121
not apply to:
122
(a) Any person licensed under this chapter who practices
123
medicine exclusively as an officer, employee, or agent of the
124
Federal Government or of the state or its agencies or its
125
subdivisions. For the purposes of this subsection, an agent of
126
the state, its agencies, or its subdivisions is a person who is
127
eligible for coverage under any self-insurance or insurance
128
program authorized by the provisions of s. 768.28(17) s.
129
768.28(16).
130
Section 9. Paragraph (c) of subsection (9) of section
131
616.242, Florida Statutes, is amended to read:
132
616.242 Safety standards for amusement rides.--
133
(9) INSURANCE REQUIREMENTS.--
134
(c) The insurance requirements imposed under this
135
subsection do not apply to a governmental entity that is covered
137
Section 10. Section 624.461, Florida Statutes, is amended
138
to read:
139
624.461 Definition.--For the purposes of the Florida
140
Insurance Code, "self-insurance fund" means both commercial self-
141
insurance funds organized under s. 624.462 and group self-
142
insurance funds organized under s. 624.4621. The term "self-
143
insurance fund" does not include a governmental self-insurance
145
Section 11. Subsection (6) of section 624.462, Florida
146
Statutes, is amended to read:
147
624.462 Commercial self-insurance funds.--
148
(6) A governmental self-insurance pool created pursuant to
150
self-insurance fund.
151
Section 12. Paragraph (b) of subsection (3) of section
152
627.733, Florida Statutes, is amended to read:
153
627.733 Required security.--
154
(3) Such security shall be provided:
155
(b) By any other method authorized by s. 324.031(2), (3),
156
or (4) and approved by the Department of Highway Safety and Motor
157
Vehicles as affording security equivalent to that afforded by a
158
policy of insurance or by self-insuring as authorized by s.
160
have all of the obligations and rights of an insurer under ss.
162
Section 13. Subsection (3) of section 984.09, Florida
163
Statutes, is amended to read:
164
984.09 Punishment for contempt of court; alternative
165
sanctions.--
166
(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
167
have an alternative sanctions coordinator who shall serve under
168
the chief administrative judge of the juvenile division of the
169
circuit court, and who shall coordinate and maintain a spectrum
170
of contempt sanction alternatives in conjunction with the circuit
171
plan implemented in accordance with s. 790.22(4)(c). Upon
172
determining that a child has committed direct contempt of court
173
or indirect contempt of a valid court order, the court may
174
immediately request the alternative sanctions coordinator to
175
recommend the most appropriate available alternative sanction and
176
shall order the child to perform up to 50 hours of community-
177
service manual labor or a similar alternative sanction, unless an
178
alternative sanction is unavailable or inappropriate, or unless
179
the child has failed to comply with a prior alternative sanction.
180
Alternative contempt sanctions may be provided by local industry
181
or by any nonprofit organization or any public or private
182
business or service entity that has entered into a contract with
183
the Department of Juvenile Justice to act as an agent of the
184
state to provide voluntary supervision of children on behalf of
185
the state in exchange for the manual labor of children and
187
Section 14. Subsection (3) of section 985.037, Florida
188
Statutes, is amended to read:
189
985.037 Punishment for contempt of court; alternative
190
sanctions.--
191
(3) ALTERNATIVE SANCTIONS.--Each judicial circuit shall
192
have an alternative sanctions coordinator who shall serve under
193
the chief administrative judge of the juvenile division of the
194
circuit court, and who shall coordinate and maintain a spectrum
195
of contempt sanction alternatives in conjunction with the circuit
196
plan implemented in accordance with s. 790.22(4)(c). Upon
197
determining that a child has committed direct contempt of court
198
or indirect contempt of a valid court order, the court may
199
immediately request the alternative sanctions coordinator to
200
recommend the most appropriate available alternative sanction and
201
shall order the child to perform up to 50 hours of community-
202
service manual labor or a similar alternative sanction, unless an
203
alternative sanction is unavailable or inappropriate, or unless
204
the child has failed to comply with a prior alternative sanction.
205
Alternative contempt sanctions may be provided by local industry
206
or by any nonprofit organization or any public or private
207
business or service entity that has entered into a contract with
208
the Department of Juvenile Justice to act as an agent of the
209
state to provide voluntary supervision of children on behalf of
210
the state in exchange for the manual labor of children and
212
Section 15. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.