Bill Text: FL H1501 | 2010 | Regular Session | Introduced

---

Bill Title: Actions Against Public Officers/Employees/Agents

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H1501 Detail]

Download: Florida-2010-H1501-Introduced.html

---

HB 1501

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 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 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.

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