Florida Senate - 2010                                    SB 2608
       
       
       
       By Senator Aronberg
       
       
       
       
       27-01812-10                                           20102608__
    1                        A bill to be entitled                      
    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
    6         been excluded from participation in the Insurance Risk
    7         Management Trust Fund to require their officers,
    8         employees, and agents to make payment of certain
    9         judgments under certain circumstances; prohibiting
   10         such counties, municipalities, political subdivisions,
   11         and agencies from requiring such officers, employees,
   12         and agents, when held harmless by a federal court, to
   13         make such payments; 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 certain
   20  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 in the final judgment to have caused the harm
   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.