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RESOLUTION NO. 95-49 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA <br />LEGISLATURE IN SUPPORT OF RETAINING SECTION 768.81, <br />FLORIDA STATUTES, REGARDING TORT LIABILITY AND <br />COMPARATIVE FAULT IN NEGLIGENCE CASES. <br />WHEREAS, the Academy of Florida Trial Lawyers has proposed legislation <br />which will significantly limit a county's ability to shift fault to unnamed <br />party defendants in negligence actions; and <br />WHEREAS, the proposed bill will apportion damages against each defendant <br />based on each defendant's percentage of fault, thus excluding any apportion- <br />ment of fault to non-party defendants; and <br />WHEREAS, the bill is retroactive to unsettled claims that occurred since <br />1986; and <br />WHEREAS, the Florida Association of Counties Trust has determined that <br />the fiscal impact of this legislation will be between $45 and $80 million in <br />increased judgments against local governments over the next five years, and <br />this estimate•does not include the retroactive impacts of the bill nor does <br />it account for additional claims that may be filed; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida <br />Legislature and the Governor of the State of Florida not to enact this <br />proposed tort liability legislation and to preserve Section 768.81, Florida <br />Statutes, as it is. <br />The resolution was moved for adoption by Commissioner Eggert , and <br />the motion was seconded by Commissioner Adams , and, upon being put to <br />a vote, the vote was as follows: <br />Chairman Kenneth R. Macht <br />Vice Chairman Fran B. Adams <br />Commissioner Richard N. Bird <br />Commissioner Carolyn K. Eggert <br />Commieeio:+.(•w John W. Tippin <br />Aye <br />Aye <br />Aye <br />Aye <br />Absent <br />The Chairman thereupon declared the resolution duly passed and adopted <br />this 21st day of March, 1995. <br />t(. 11'` <br />r r 1 <br />nS.i1.. <br />.1111114 <br />Clerk <br />• „ .c <br />BOARD OF COUNTY COMMISSIONERS <br />INDIAN3ZVER COUNTY,,,F.kORIDA <br />By <br />Kenneth R. Macht <br />Chairman <br />InJian Raw Ca ApprOYed <br />Admlrt <br />Legal <br />Budget <br />Dep I. <br />Risk Mgr. <br />