| 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 |