HB 1501

1
A bill to be entitled
2An act relating to actions against public officers,
3employees, or agents; amending s. 111.071, F.S.;
4authorizing counties, municipalities, political
5subdivisions, and agencies of the state which have been
6excluded from participation in the Insurance Risk
7Management Trust Fund to require their officers,
8employees, and agents to make payment of certain judgments
9under certain circumstances; prohibiting such counties,
10municipalities, political subdivisions, and agencies from
11requiring such officers, employees, and agents, when held
12harmless by a federal court, to make such payments;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (a) of subsection (1) of section
18111.071, Florida Statutes, is amended to read:
19     111.071  Payment of judgments or settlements against
20certain public officers or employees.-
21     (1)  Any county, municipality, political subdivision, or
22agency of the state which has been excluded from participation
23in the Insurance Risk Management Trust Fund is authorized to
24expend available funds to pay:
25     (a)  Any final judgment, including damages, costs, and
26attorney's fees, arising from a complaint for damages or injury
27suffered as a result of any act or omission of action of any
28officer, employee, or agent in a civil or civil rights lawsuit
29described in s. 111.07. If the civil action arises under s.
30768.28 as a tort claim, the limitations and provisions of s.
31768.28 governing payment shall apply. If the action is a civil
32rights action arising under 42 U.S.C. s. 1983, or similar
33federal statutes, payments for the full amount of the judgment
34may be made unless the officer, employee, or agent has been
35determined by the county, municipality, political subdivision,
36or agency in the final judgment to have caused the harm
37intentionally. However, if a federal court finds that the
38county, municipality, political subdivision, or agency is liable
39but holds the officer, employee, or agent harmless from any
40liability, the county, municipality, political subdivision, or
41agency may not require the officer, employee, or agent to make
42payments for the full amount of judgment.
43     Section 2.  This act shall take effect July 1, 2010.


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