HB 1501 |
1 | |
2 | An act relating to actions against public officers, |
3 | employees, or agents; amending s. 111.071, F.S.; |
4 | authorizing counties, municipalities, political |
5 | subdivisions, and agencies of the state which have been |
6 | excluded from participation in the Insurance Risk |
7 | Management Trust Fund to require their officers, |
8 | employees, and agents to make payment of certain judgments |
9 | under certain circumstances; prohibiting such counties, |
10 | municipalities, political subdivisions, and agencies from |
11 | requiring such officers, employees, and agents, when held |
12 | harmless by a federal court, to make such payments; |
13 | providing an effective date. |
14 | |
15 | Be It Enacted by the Legislature of the State of Florida: |
16 | |
17 | Section 1. Paragraph (a) of subsection (1) of section |
18 | 111.071, Florida Statutes, is amended to read: |
19 | 111.071 Payment of judgments or settlements against |
20 | certain public officers or employees.- |
21 | (1) Any county, municipality, political subdivision, or |
22 | agency of the state which has been excluded from participation |
23 | in the Insurance Risk Management Trust Fund is authorized to |
24 | expend available funds to pay: |
25 | (a) Any final judgment, including damages, costs, and |
26 | attorney's fees, arising from a complaint for damages or injury |
27 | suffered as a result of any act or omission of action of any |
28 | officer, employee, or agent in a civil or civil rights lawsuit |
29 | described in s. 111.07. If the civil action arises under s. |
30 | 768.28 as a tort claim, the limitations and provisions of s. |
31 | 768.28 governing payment shall apply. If the action is a civil |
32 | rights action arising under 42 U.S.C. s. 1983, or similar |
33 | federal statutes, payments for the full amount of the judgment |
34 | may be made unless the officer, employee, or agent has been |
35 | determined by the county, municipality, political subdivision, |
36 | or agency |
37 | intentionally. However, if a federal court finds that the |
38 | county, municipality, political subdivision, or agency is liable |
39 | but holds the officer, employee, or agent harmless from any |
40 | liability, the county, municipality, political subdivision, or |
41 | agency may not require the officer, employee, or agent to make |
42 | payments for the full amount of judgment. |
43 | Section 2. This act shall take effect July 1, 2010. |
CODING: Words |