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noF 94 FAGS 746 <br />RESOLUTION NO. 95-52 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA <br />LEGISLATURE REGARDING TORT LIABILITY AND COMPARATIVE <br />FAULT IN NEGLIGENCE CASES FOR COUNTIES. <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 County has previously passed Resolution 95-49 which <br />indicated its opposition to this proposed legislation; and <br />WHEREAS, since that time the bill has passed out of committee and is <br />progressing toward presentation before the full Senate; 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 change. <br />The resolution was moved for adoption by Commissioner Eggert , and <br />the'motion was seconded by'Commissioner Bird , and, upon being put to <br />a vote, the vote was as follows: <br />Chairman Kenneth R. Macht Aye <br />Vice Chairman Fran B. Adams Aye <br />Commissioner Richard N. Bird ' Aye <br />Commissioner Carolyn K. Eggert Aye <br />Commissioner .john W. Tippin Aye <br />The Chairman thereupon declared the resolution duly passed and adopted <br />this 28th day of March, 1995. <br />s <br />K. Bar Clerk <br />MARCH 28, 1995 <br />BOARD OF COUNTY COMM SION AS <br />INDIAN VER COUNT , R A <br />:! <br />By <br />Kenneth R. 14acht <br />Chairman - <br />64 <br />