HomeMy WebLinkAbout1976-035RESOLUTION NO. 76-35
WHEREAS, Chapter 73-313, Laws of Florida, in accordance
with Section 13, Article X. Florida Constitution, the State, for
itself and its agencies or subdivisions, waived sovereign immunity
for liability of torts, to recover damages for injury or loss of
e
property, or death caused by the negligent or wrongful act or
omission of any employee of the agency or subdivision while
acting within the purview of his office or employment under
circumstances in which the State or agency or subdivision, if
a private person, would be liable to the claimant in accordance
with the general laws of the State of Florida; and
WHEREAS, the term "state agencies or subdivisions" include
the executive departments of the State as well as the executive
departments of the County and all elected officials therein;
and
WHEREAS, actions at law against the County or any of its
agencies or subdivisions for injury or loss of property,
personal injury, or death caused by the negligent or wrongful
act or omission of any employee of the County while acting
within the scope of his employment or elected office under
circumstances in accordance with the general laws of the State
of Florida, may be prosecuted; and
WHEREAS, the Board of County Commissioners of. Indian
River County, Florida, has sought, through the purchase of
adequate insurance, to provide for insurance coverage for all
departments of the County, employees, agents, and other
authorized persons, acting for and on behalf of the Board of
County Commissioners, Indian River County, Florida; and
WHEREAS, the Board of County Commissioners has provided
for separate accounts for workmen's compensation, general
liability, and fleet automotive liability insurance coverage;
and
40= WHEREAS, the Board of County Commissioners of Indian
River County, Florida, finds it increasingly more difficult
•'m to discharge their duties when under the constant threat of
civil suits, which, may more often than not, deal in damages,
injury, death, or the health, safety, and welfare of the
citizenry of Indian River County; and
WHEREAS, the Board of County Commissioners does not
seek to shrink or withdraw from its responsibilities to the
citizens of Indian River County; and
WHEREAS, the only purpose served for the waiver of
sovereign immunity for Governmental Entities, due to the
irregularities of the law, is an open-door policy for civil
suits to be filed on behalf of individuals who seek monetary
retribution from the Counties of this State, their employees,
elected and appointed officials for their performance in the
discharge of their duties.
NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
(1) The Indian River County Legislative Delegation
seek, by whatever means available, to immediately
and with haste provide legislation which would
restore sovereign immunity to the Counties of this
State.
(2) The Board requests support from the State Association
of County Commissioners for their aid in repealing
73-313, Laws of Florida, those sections and sub-
sections, as indicated in Florida Statutes 768.28,
the waiver of sovereign immunity for the Counties of
the State of Florida.
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This Resolution shall become effective as of the
19th day of May , 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER OU TY, LO ID
By
i lar . Sieb rt, Jr., a rman
Attest:
Ral )'Cr.Ts Cl"erK..