HomeMy WebLinkAboutCity of Tamarac Resolution R-83-102Introduced by: AM A�,'
Temp. # 2697
16
17
1
2C
21
22
23
25
26
27
28
29
,s1
33
34
35
36
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 83-102
A RESOLUTION URGING THE BROWARD COUNTY LEGISLATIVE
DELEGATION TO WITHDRAW OR DEFEAT ANY PROPOSED STATE
LEGISLATION THAT WOULD ENLARGE TEE EKE TIONS TO
SOVEREIM IMMUNITY THAT PRESENTLY EXIST IN
CHAPTER 768.28 OF THE FLORIDA STATUTES.
WHEREAS, municipalities in Florida have been operating under the
protection of the Doctrine of Sovereign Immunity; and
WHEREAS, the Florida Legislature had carved out reasonable
exceptions to the Doctrine of Sovereign Immunity for the protection of the
public by enacting F.S. Section 768.28; and
WHEREAS, in the 1981 session, the Florida Legislature doubled the
limits of liability to the present $100,000/$200,000 limits; and
WHEREAS, HB 687 and SB 674 have been proposed in the 1983
Legislative session to remove the $200,000 limit on municipal liability which
would make it impossible for municipalities to plan for self-insurance or
acquire coverage from insurance carriers; and
WHEREAS, such legislation might ultimately harm the same members of
the public that it intended to benefit; and
WHEREAS, the proposed legislation would encourage litigation,
discouraging settlement by Plaintiffs who envision limitless judgments;
NOW, THE � RE, BE IT RESOLVED BY THE CITY COUNCIL OF TAMARAC,
FLORIDA,:,
SECTION 1: That the City Council believes that the present statutory
provisions of limited waiver of the Sovereign Immunity Doctrine are adequate
as provided in F.S. Section 768.28.
- 1 -
W1
Temp. # 2697
16
17
20
21
22
23
25
26
27
28
29
sr
33
34
35
36
SECTION 2: That the City Council strongly urges all Florida
Legislators to withdraw their support of HB 687 and SB 674.
SECTION 3: That the City Council strongly urges all members of the
Broward County Delegation to the Florida Legislature to concentrate their
efforts to defeat any proposed state legislation that would enlarge the present
waivers or exceptions to the Sovereign Immunity Doctrine.
SECTION 4: That, as evidence of the strong feelings of the City
Council in this regard, the City Clerk is authorized and directed to send
copies of this Resolution to:
a) All members of the Broward Legislative Delegation.
b) All members of the Broward League of Cities.
c) Insurance Commissioner.Bill Gunter.
d) Governor Bob Graham.
SECTION 5: This Resolution shall become effective immediately upon.
adoption.
PASSED, ADOPTED AND APPROVED this � day of 1983.
IsYM��.`ltii
I HEPJMY CERTIFY that I have
approved the form and correctness
EWAE
MAYOR,
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
W1