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1976-035
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1976-035
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Last modified
1/20/2023 2:56:26 PM
Creation date
1/20/2023 2:56:24 PM
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Resolutions
Resolution Number
1976-035
Approved Date
05/19/1976
Resolution Type
Re-establishing Sovereign Immunity
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RESOLUTION NO. 76-35 <br />WHEREAS, Chapter 73-313, Laws of Florida, in accordance <br />with Section 13, Article X. Florida Constitution, the State, for <br />itself and its agencies or subdivisions, waived sovereign immunity <br />for liability of torts, to recover damages for injury or loss of <br />e <br />property, or death caused by the negligent or wrongful act or <br />omission of any employee of the agency or subdivision while <br />acting within the purview of his office or employment under <br />circumstances in which the State or agency or subdivision, if <br />a private person, would be liable to the claimant in accordance <br />with the general laws of the State of Florida; and <br />WHEREAS, the term "state agencies or subdivisions" include <br />the executive departments of the State as well as the executive <br />departments of the County and all elected officials therein; <br />and <br />WHEREAS, actions at law against the County or any of its <br />agencies or subdivisions for injury or loss of property, <br />personal injury, or death caused by the negligent or wrongful <br />act or omission of any employee of the County while acting <br />within the scope of his employment or elected office under <br />circumstances in accordance with the general laws of the State <br />of Florida, may be prosecuted; and <br />WHEREAS, the Board of County Commissioners of. Indian <br />River County, Florida, has sought, through the purchase of <br />adequate insurance, to provide for insurance coverage for all <br />departments of the County, employees, agents, and other <br />authorized persons, acting for and on behalf of the Board of <br />County Commissioners, Indian River County, Florida; and <br />WHEREAS, the Board of County Commissioners has provided <br />for separate accounts for workmen's compensation, general <br />liability, and fleet automotive liability insurance coverage; <br />and <br />
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