HomeMy WebLinkAbout1995-049RESOLUTION NO. 95-49
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE IN SUPPORT OF RETAINING SECTION 768.81,
FLORIDA STATUTES, REGARDING TORT LIABILITY AND
COMPARATIVE FAULT IN NEGLIGENCE CASES.
WHEREAS, the Academy of Florida Trial Lawyers has proposed legislation
which will significantly limit a county's ability to shift fault to unnamed
party defendants in negligence actions; and
WHEREAS, the proposed bill will apportion damages against each defendant
based on each defendant's percentage of fault, thus excluding any apportion-
ment of fault to non-party defendants; and
WHEREAS, the bill is retroactive to unsettled claims that occurred since
1986; and
WHEREAS, the Florida Association of Counties Trust has determined that
the fiscal impact of this legislation will be between $45 and $80 million in
increased judgments against local governments over the next five years, and
this estimate•does not include the retroactive impacts of the bill nor does
it account for additional claims that may be filed;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida
Legislature and the Governor of the State of Florida not to enact this
proposed tort liability legislation and to preserve Section 768.81, Florida
Statutes, as it is.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Adams , and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commieeio:+.(•w John W. Tippin
Aye
Aye
Aye
Aye
Absent
The Chairman thereupon declared the resolution duly passed and adopted
this 21st day of March, 1995.
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BOARD OF COUNTY COMMISSIONERS
INDIAN3ZVER COUNTY,,,F.kORIDA
By
Kenneth R. Macht
Chairman
InJian Raw Ca ApprOYed
Admlrt
Legal
Budget
Dep I.
Risk Mgr.