Res 17-98 RESOLUTION NO. 17-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSAL BEFORE
THE CONSTITUTIONAL REVISION COMMISSION REGARDING
SOVEREIGN IMMUNITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article
X, Section 3, now provides that general law applies as it relates to
bringing suit against the State and other Governmental entities; and
WHEREAS, general law currently waives sovereign immunity for
torts arising from the operational activities of local Governments in
the amount of $100,000.00 per claimant, with a total of $200,000.00
per occurrence; and
WHEREAS, the Constitutional Revision Commission recently
rejected Proposal 59 which would have raised the sovereign immunity
limit to $250,000.00 per claim and $500,000.00 per occurrence,
indexing the limit to inflation, and placing attorney's fees outside
of the sovereign immunity cap, and Proposal 77 which would have
totally abrogated sovereign immunity; and
WHEREAS, the Constitutional Revision Commission is now
considering Amendment No. 6 to Proposal 59 amending the Constitution,
which provides for a waiver of sovereign immunity to permit
arbitration of claims between $500,000.00 and the sovereign immunity
cap amount set by general law (currently $100,000.00 per claim or
$200,000.00 per occurrence); and
WHEREAS, Amendment No. 6 to Proposal 59 provides that the
caps set forth in general law may be increased; and
WHEREAS, the proposed change to the Constitution would
eliminate the sovereign immunity of governments as to planning level
decisions; and
WHEREAS, the proposed change in the Constitution adds
another layer of adjudication through arbitration of claims over the
current sovereign immunity cap that may already have been adjudicated
at trial; and
WHEREAS, the proposed language effectively grafts specific
legislative language into the Constitution, requiring a Constitutional
amendment in the future to vary the monetary limits contained in the
proposed revision; and
WHEREAS, a change to the Constitution is not necessary to
change or amend the parameters of sovereign immunity, as set forth in
general law; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the proposal now before the Constitutional Revision
Commission, if passed, will result in an unfunded state mandate; and
WHEREAS, the City Commission of the City of Delray Beach
opposes the amendment to Proposal 59 and any other constitutional
changes affecting sovereign immunity.
NOW, THEREFORE, BE IT RESOLED BY THE CITY CO~ISSION OF THE
CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS:
Section 1o That the City of Delray Beach opposes Amendment
No. 6 to Proposal 59 being considered by the Constitutional Revision
Commission, set forth as Attachment "A" hereto.
Section 2. That the City of Delray Beach opposes any change
to The Doctrine of Sovereign Immunity by Constitutional Amendment.
Section 3. The City Commission of the City of Delray Beach
urges other local governments to adopt a resolution opposing
modification of the Constitution as it relates to The Doctrine of
Sovereign Immunity.
Section 4. That copies of this resolution are authorized to
be provided to appropriate officials.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 3rd day of
March, 1998.
~TTEST:
~ City ~erk !
- 2 - Res. No. 17-98
March 26, 1998
RESOLUTION 28, 1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
OPPOSITION TO THE PROPOSAL BEFORE THE
CONSTITUTIONAL REVISION COMMISSION REGARDING
SOVEREIGN IMMUNITY; PROVIDING FOR URGING OTHER
LOCAL GOVERNMENTS TO OPPOSE THE PROPOSALS;
PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article X, Section 3, now provides
that general law applies as it relates to bringing suit against the State and other Governmental
entities,
WHEREAS, general law currently waives sovereign immunity for torts arising from the
operational activities of local governments in the amount of $100,000 per claimant, with a total
of $200,000 per occurrence,
WHEREAS, the Constitutional Revision Commission recently rejected Proposal 59 which
would have raised the sovereign immunity limit to $250,000 per claim and $500,000 per
occurrence, indexing the limit to inflation, and placing attorney's fees outside of the sovereign
immunity cap, and Proposal 77 which would have totally abrogated sovereign immunity,
WHEREAS, the Constitutional Revision Commission is now considering Amendmem No.
6 to Proposal 59 amending the Constitution, which provides for a waiver of sovereign immunity
to permit arbitration of claims between $500,000 and the sovereign immunity cap amount set by
general law (currently $100,000 per claim or $200,000 per occurrence,
WHEREAS, Amendment No. 6 to Proposal 59 provides that the caps set forth in general
law may be increased,
WHEREAS, the proposed change to the Constitution would eliminate the sovereign
immunity of governmems as to planning level decisions,
WHEREAS, the proposed change in the Constitution adds another layer of adjudication
through arbitration of claims over the current sovereign immunity cap that may already have been
adjudicated at trial,
WHEREAS, the proposed language effectively grafts specific legislative language into the
Constitution, requiring a Constitutional amendment in the future to vary the monetary limits
contained int he proposed revision,
WHEREAS, a change to the Constitution is not necessary to change or amend the
parameters of sovereign immunity, as set forth in general law,
WHEREAS, the City Council of the City of Palm Beach Gardens finds that the proposal
now before the Constitutional Revision Commission, if passed, will result in an unfunded state
mandate, and
WHEREAS, the City Council of the City of Palm Beach Gardens opposes the amendment
to Proposal 59 and any other constitutional change affecting sovereign immunity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City of Palm Beach Gardens opposes Amendment No. 6 to Proposal 59
being considered by the Constitutional Revision Commission, set forth as Attachment "A'' hereto.
~. The City of Palm Beach Gardens opposes any change to The Doctrine of
Sovereign Immunity by Constitutional Amendment.
Section 3. The City Council of the City of Palm Beach Gardens urges other local
governments to adopt a resolution opposing modification of the Constitution as it relates to The
Doctrine of Sovereign Immunity.
Section 4. The City Clerk is authorized to provide appropriate municipal officials and
members of the Florida Constitutional Revision Commission with copies of this resolution.
Section 5. This Resolution shall be effective upon adoption.
JO~~.(R~ssO,~MAYOR
ATTEST: 3fl:'PROVED AS TO LEGAL FORM
LIN DA V. KOSIER, CMC, CITY CLERK ~~~C~
Resolnfion 28, 1998
Page 2
VOTE: AYE NAY ABSENT
MAYOR RUSSO ~
VICE MAYOR FURTADO ~
COUNCILMAN JABLIN 7
COUNCILMAN CLARK ~
COUNCILMAN SABATELLO ~
~ '.. ' A?TAG_ .~. NT '"A"
...~. ~r~
'
1
s ~.~. ;'! ~'~
7
11 Delete ever~An~
J2 the ~,Lm~ed velvet o~ ~&v~L~ A~n*ty ~tob~Ohed b~
2S ~unera~ ~av. ~er~Aln
37 ~nereaned by genera~
31 ~d ~hm ~c~m ~m ~efld~ am fo~m8
Attac~ent A
'- "":'4'
. , ,.:
~ ~m~m evm~yCh~nt bm~ore ~hm pro~e%ng cZaule '
3 and
4, A pro~wai ~o revise
au~l a~a~nic the
l~m~ on the vaLver o~ sovereign ~un~y for
10
~S
17
:* ... ~'p,~.~ ~,." .-..
' 34 ,*~' ;. ' ....
~S
30
3~ . .~ '.
era. 00S9. c~ ,~OS '-
[IT¥ I)F DELRI:I¥ BEI:IgH
AII-AmericaCity
1993
MEMORANDUM
TO: Members of the Constitutional Revision Commission
FROM: City Clerk, City of Delray Beach, Florida~
SUBJECT: Resolution No. 17-98 (Sovereiqn Immunity)
DATE: March 4, 1998
Attached is a copy of Resolution No. 17-98 opposing the proposal
before the Constitutional Revision Commission regarding sovereign
immunity. This resolution was adopted by unanimous vote of the
Delray Beach City Commission in regular session on March 3, 1998.
The City of Delray Beach respectfully requests your serious
consideration of this resolution during your deliberations on
this matter.
Thank you.
AMH/m
Attachment
THE--' EFFORT ALWAYS MATTERS
Printed on Ftecycled Paper
~ propoaiX ua. 5g
' .. . Amendment
1
: 2 CONNXTTEE or CHAfqBER AC~XOll
· g ~J
4 ~ .;;w
s ;'?. ;'''' .,.~0
e CommAselone: Lovndee moved the £oXXo~Lng amendment:
1 0 CRC: Alendimnt
11 DeXote everything after era propooing cXiuae
and Ansett,
SeocLon 1. Section 13 o£ &ri:isle 1~ o£' tile
Constitution is revised by amending, t:h&t, ee~lon co: read~
18 SECTION 13. SUle8 againa'~' the l~lti.--Pr0vilion may be
l g made by genera~ 1au for bringing ou/~ againa~ she .ota~e as
~0 iii liabilities n~ exie~in~ ~ hereaE~or originating. ~en
2S qenera~ la~. ~vereign l~uni~ il vaived't~r"luoh'arb/tra~Lon
37 ln~reaaed by ganera~ Xav~ :. "
29
31 ~d the CicXe ia ~ended' al
1
A~achmen~ A
~ -- ~:(.
MEMORANDUM
TO: Susan Ruby, City Attorney
FROM: Alison Harry, City Clerk
SUBJECT: Resolution No. 17-98 (Sovereiqn Immunity)
DATE: March 4, 1998
As we discussed at staff meeting this morning, attached for your
use are ten (10) signed copies of Resolution No. 17-98 on the
sovereign immunity issue.
We will contact the Mayor to see if he wants additional copies to
take with him to Tallahassee.
We are (today) faxing copies of the resolution to the members of
the Constitutional Revision Commission per the list provided by
your office. We will also send copies to the members of our
legislative delegation as well as to all other Palm Beach County
municipalities.
If you think of anyone else you want the resolution to go to,
please let me know.
AMH/m
Attachments
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 3, 1998 - 6: 00 P.M.
COMMISSION CH3tMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.J. Resolution No. 17-98 (Sovereiqn Immunity): Consider
approval of a resolution opposing changes in the
Constitution regarding Sovereign Immunity currently being
considered by the Constitutional Revision Commission.
ref:ADDENDUM
[lTV OF DELRIIV BEFII:H
CiTY ATTORNEY'S OFFICE TM
TELEPHONE 561/243-7090- FACSIMILE 561/278-4755
Writer's Direct L~e: 561/243-7091
~l;.~ca C~ ~MOR~D~
1993
TO: City Co~ssion
David H~den, Ci~ Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Constitutional Revision Co~ission (CRC) Consideration of Changes to
Sovereign I~u~ty
Enclosed is a resolution opposing changes in the Constitution regarding Sovereign
I~u~ty currently being considered by the Constitutional Revision Co~ission (CRC).
It is my understanding that ~endment No. 6 to Proposal 59 will be considered at a
public hearing to be held at Nova University, Hall Auditorium, 3200 South University
Drive, Davie, Florida at 8:00 a.m., Friday, March 6, 1998, and other places t~oughout
· e state.
The previous proposed changes to the Constitution regarding Sovereign Immunity were
defeated by a 15-16 vote of the CRC. To pass a proposal needs 22 votes. The current
proposal is apparently being urged for consideration by the Chairman of the CRC,
Dexter Douglas, a trial lawyer. To defeat the new proposal, it may be helpful to contact
CRC members (see attached).
The following is a list of objections to Amendment No. 6 to Proposal 59:
1. Local governments currently have complete immunity for discretionary/planning
level decisions. The proposal would eliminate sovereign immunity for discretionary/
planning level decisions (i.e., the decision as to whether to place lifeguards at the
beach during certain hours; whether to put a traffic light at an intersection; whether
to place sidewalks in certain areas).
2. It would increase City liability for torts arising from operational/maintenance
decisions (i.e., failure to repair sidewalks (slip and falls), auto accidents, and other
injuries arising from torts) which currently are capped by general law at $100,000.00
per claim, $200,000.00 per occurrence.
City Commission
David Harden, City Manager
March 3, 1998
Page 2
3. The Proposal places in the Constitution a requirement that claims exceeding the
sovereign immunity cap (now currently $100,000.00) up to $500,000.00 must go to
arbitration. This requirement adds another layer of bureaucracy and expense and
may result in potential conflicts with jury verdicts by arbitrators.
4. The language of the proposed revision is too specific for the Constitution.
Legislation which contains this level of detail is best if included in general law, so
that changes will not require a constitutional amendment in the future.
5. The increased costs will be borne by taxpayers. The proposal is an unfunded state
mandate that may necessitate increases in taxes.
P~ would like to discuss this matter further.
sovimmun.sar
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSAL BEFORE
THE CONSTITUTIONAL REVISION COMMISSION REGARDING
SOVEREIGN IMMUNITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article X, Section 3, now provides that
general law applies as it relates to bringing suit against the State and other Governmental entities; and,
WHEREAS, general law currently waives sovereign immunity for torts arising from the
operational activities of local governments in the amount of $100,000.00 per claimant, with a total of
$200,000.00 per occurrence; and,
WHEREAS, the Constitutional Revision Commission recently rejected Proposal 59 which would
have raised the sovereign immunity limit to $250,000.00 per claim and $500,000.00 per occurrence,
indexing the limit to inflation, and placing attorney's fees outside of the sovereign immunity cap, and
Proposal 77 which would have totally abrogated sovereign immunity; and,
WHEREAS, the Constitutional Revision Commission is now considering Amendment No. 6 to
Proposal 59, amending the Constitution which provides for a waiver of sovereign immunity to permit
arbitration of claims between $$00,000.00 and the sovereign immunity cap amount set by general law
(currently $100,000.00 per claim or $200,000.00 per occurrence); and,
WHEREAS, Amendment No. 6 to Proposal 59 provides that the caps set forth in general law
may be increased; and,
WHEREAS, the proposed change to the Constitution would eliminate the sovereign immunity of
governments as to plar, ning level decisions; and,
WI-IEREAS, the proposed change in ~e Constitution adds another layer of adjudication through
arbitration of claims over the current sovereign immunity cap that may already have been adjudicated at
trial; and,
WHEREAS, the proposed language effectively grafts specific legislative language into the
Constitution, requiring a Constitutional amendment in the future to vary the monetary limits contained in
the proposed revision; and,
WHEREAS, a change to the Constitution is not necessary to change or amend the parameters of
sovereign immunity, as set forth in general law; and,
WHEREAS, the City Commission of the City of Delray Beach finds that the proposal now before
the Constitutional Review Commission, if passed, will result in an unfunded state mandate; and,
WHEREAS, the City Commission of the City of Dekay Beach opposes the amendment to
Proposal 59 and any other constitutional changes affecting sovereign immunity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach opposes Amendment 6 to Proposal 59 being considered
by the Constitutional Revision Commission, set forth as Attachment A hereto..
Section 2. That the City of Delray Beach opposes any change to The Doctrine of Sovereign
Immunity by Constitutional Amendment.
~. The City Commission of the City of Delray Beach urges other local governmentS to
adopt a resolution opposing modification of the Constitution as it relates to The Doctrine of Sovereign
Immunity.
~. That copies of this resolution are authorized to be provided to appropriate officials.
Section 5. This resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on the ~ day of- ,1998.
ATTEST: M A Y O R
City Clerk
sovimunl ,ord
2 R.ES. NO.
RESOLUTION NO. 17-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSAL BEFORE
THE CONSTITUTIONAL REVISION COMMISSION REGARDING
SOVEREIGN IMMUNITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article
X, Section 3, now provides that general law applies as it relates to
bringing suit against the State and other Governmental entities; and
WHEREAS, general law currently waives sovereign immunity for
torts arising from the operational activities of local governments in
the amount of $100,000.00 per claimant, with a total of $200,000.00
per occurrence; and
WHEREAS, the Constitutional Revision Commission recently
rejected Proposal 59 which would have raised the sovereign immunity
limit to $250,000.00 per claim and $500,000.00 per occurrence,
indexing the limit to inflation, and placing attorney's fees outside
of the sovereign immunity cap, and Proposal 77 which would have
totally abrogated sovereign immunity; and
WHEREAS, the Constitutional Revision Commission is now
considering Amendment No. 6 to Proposal 59 amending the Constitution,
which provides for a waiver of sovereign immunity to permit
arbitration of claims between $500,000.00 and the sovereign immunity
cap amount set by general law (currently $100,000.00 per claim or
$200,000.00 per occurrence); and
WHEREAS, Amendment No. 6 to Proposal 59 provides that the
caps set forth in general law may be increased; and
WHEREAS, the proposed change to the Constitution would
eliminate the sovereign immunity of governments as to planning level
decisions; and
WHEREAS, the proposed change in the Constitution adds
another layer of adjudication through arbitration of claims over the
current sovereign immunity cap that may already have been adjudicated
at trial; and
WHEREAS, the proposed language effectively grafts specific
legislative language into the Constitution, requiring a Constitutional
amendment in the future to vary the monetary limits contained in the
proposed revision; and
WHEREAS, a change to the Constitution is not necessary to
change or amend the parameters of sovereign immunity, as set forth in
general law; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the proposal now before the Constitutional Revision
Commission, if passed, will result in an unfunded state mandate; and
WHEREAS, the City Commission of the City of Delray Beach
opposes the amendment to Proposal 59 and any other constitutional
changes affecting sovereign immunity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach opposes Amendment
No. 6 to Proposal 59 being considered by the Constitutional Revision
Commission, set forth as Attachment "A" hereto.
Section 2. That the City of Delray Beach opposes any change
to The Doctrine of Sovereign Immunity by Constitutional Amendment.
Section 3. The City Commission of the City of Delray Beach
urges other local governments to adopt a resolution opposing
modification of the Constitution as it relates to The Doctrine of
Sovereign Immunity.
Section 4. That copies of this resolution are authorized to
be provided to appropriate officials.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 3rd day of
March, 1998.
ATTEST:
~ City ~erk !
~ - 2 - Res. No. 17-98
--
; .,.
' .. ' A~tofldnleri t No.
.
· ~ ~d
4
~.~. ? %.~ ~'~'~ .,
~ .
I C~ee~one~ ~den ~ved the
11 and
I SimpLon 1 IIc~Lon 13 o~
ConatLtuc~on ~a revAoed by mndLng, tha~ a~t~on ~o read~
SE~ON 13. Sui~8 againo~'th, ltltl.--P~Ov~lion .y be
made by genera~ ~av for brLngLng
tort ouLt e~a~no dml-$ ~n .:u~m.o~ the
. to .u~t n~oxexm t°
24 'arbltratlo~ Ln., acerbate vl[~
2S qenera~ ~av. ~ereifn 1~!~ Is velved'f~r"e~'arb/trat~o~
a7 ~nerefeed ~ genera~ ~e, '- "
31 Md the t~c~e An ~en4~ al
1
Attachment A
~e~e evety~hAn~ before ~he pto~e~ng clauoe '
A ptO~a~ ~0 re~ae
8u~ee againee the i~a~ej ~ro~LdAn~ ~or
7 arbitration of ~er~a~n'~or~ c~alas~ providing a
O l~m~ on ~he vaLvor o~ savereLgn ~un~ey ~or
~0
30
~X~ eorde et~ieken are delet~ongf ~rde u~orlAn~ "are addAtione.
County Administration
P.O. Box 1989
W~st Palm Beach, FL 33402-1989
(561) 355-2030 May 2 0, 1998
Fax: (561) 355-3982
http:llwww, co.palm-beach.fl.us Alison MacGregor Harty
City Clerk
· City of Delray Beach
100 N. W. First Avenue
Delray Beach, FL 33444
Mm Beach County Dear Ms. Harry:
Boa~l of County
Commi..lo.e~ This letter acknowledges receipt of Resolution No. 17-
98, of the City Commission of the City of Delray Beach,
Burt Aaronson, Chairman
Florida, opposing the proposal before the
Maude Ford ~e. Vice Chair Const itut ional Revision Commission regarding Sovereign
Immunity; providing an effective date.
Karen T. Marcus
CarolA. Rober~s The Palm Beach County Board of County Commissioners
officially received and filed your correspondence at
WarrenH. Newell the April 7, 1998 Board meeting.
Mamj McCa~y
mn L. Foster Sincerely,
' g
Robert Weisman, P.E. A~enda Coordinator
cc: Legislative Delegation
'An Equal Opportunit~
Affirmative Action Employe~~
LAKE WORTH
7 NORTH DIXIE HIGHWAY
LAKE WORTH, FLORIDA 33460
BARBARA A. FORSYTHE, CMC TELEPHONE (561) 586-1662
CITY CLERK FAX (561) 586-1750
March 18, 1998 NB-1
City Clerk Alison MacGregor-Harty
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
Dear Ms. MacGregor-Harty:
In regular meeting held March 17, 1998, the Lake Worth City Commission received and
filed your City's Resolution No. 17-98, opposing proposal before the Constitutional
Revision Commission regarding sovereign immunity.
As always, wa do appreciate your keeping us apprised of your city's actions concerning
matters of mutual interest to neighboring municipalities.
Sincerely,
BAF/ble
cc: Mayor Ramiccio
City Manager
c:\office\wpwin\wpdocs\98corrrm\0317nb-1
LAKE WORTH
7 NORTH DIXIE HIGHWAY
LAKE WORTH, FLORIDA 33460
BARBARA A. FORSYTHE, CMC TELEPHONE (561) 586-1662
CITY CLERK FAX (561) 586-1750
MEMORANDUM
NB-4
TO: Members of t!~e Florida Constitutional Revision Cornmission
Palm Beach County Municipalities
FROM: City Clerk Barbara A. Forsythe ~
DATE: April 22, 1998
SUBJECT: Resolution No. 27-98
In regular meeting held April 21, 1998, the Lake Worth. City Commission adopted
Resolution No. 27-98, providing for opposition to the proposal before the Constitutional
Revision Commission regarding Sovereign Immunity and providing for urging other local
governments to oppose the proposals.
A copy of the Resolution is enclosed for your favorable consideration.
BAF/ble
Encl. (1)
cc: City Manager
try CLERK
c:\office\wpwin\wpdocs\98corrrm\0421 nb-4
27-98
RESOLUTION NO. 27-98 OF THE CITY OF LAKE WORTH, FLORIDA, PROVIDING FOR
THE OPPOSITION TO THE PROPOSAL BEFORE THE CONSTITUTIONAL REVISION
COMMISSION REGARDING SOVEREIGN IMMUNITY; PROVIDING FOR URGING
OTHER LOCAL GOVERNMENTS TO OPPOSE THE PROPOSALS; PROVIDING FOR
DISTRIBUTION; AND, PROVIDING FOR ,AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article X, Section 3, now
provides that general law applies as it relates to bringing suit against the State and other
Governmental entities,
WHEREAS, general law currently waives sovereign immunity for torts arising from
the operational activities of local governments in the amount of $100,000 per claimant, with
a total of $200,000 per occurrence.
WHEREAS, the Constitutional Revision Commission recently rejected Proposal 59
which would have raised the sovereign immunity limit to $250,000 per claim and $500,000
per occurrence, indexing the limit to inflation, and Placing attorney's fees outside of the
sovereign immunity cap, and Proposal 77 which would have totally abrogated sovereign
immunity.
WHEREAS, the Constitutional Revision Commission is now considering Amendment
No. 6 to Proposal 59 amending the Constitution, which provides for a waiver of sovereign
immunity to permit arbitration of claims between $500,000 and the sovereign immunity cap
amount set by general law (currently $100,000 per claim or $200,000 per occurrence),
WHEREAS, Amendment No. 6 to Proposal 59 provides that the caps set forth in
general law may be increased,
WHEREAS, the proposed change to the Constitution would eliminate the sovereign
immunity of governments as to planning level decisions,
WHEREAS, the proposed change in the Constitution adds another layer of
adjudication through arbitration of claims over the current sovereign immunity cap that may
already have been adjudicated at trial,
WHEREAS. the DroDn.~.d I,.~nn~n,", ,.,~,.~;,,,.,I
Page 2, Reso. 27-98
Section 3. The City Commission of the City of Lake Worth urges other local governments
to adopt a resolution opposing modification of the Constitution as it relates to The Doctrine
of Sovereign Immunity.
Section 4. The City Clerk is authorized to provide appropriate municipal officials and
members of the Florida Constitutional Revision Commission with copies of this resolution.
Section 5. This Resolution shall become effective immediately upon its passage.
The passage of this Resolution was moved by Commissioner Lowe, seconded by
Commissioner McKinnon, and upon being put to a vote, the vote was as follows:
Mayor Tom Ramiccio AYE
Commissioner Retha Lowe AYE
Commissioner Colburn H. McKinnon AYE
Commissioner Gary Bo Allen AYE
Commissioner Lloyd A. Clager AYE
The Mayor thereupon declared this Resolution duly passed and adopted on the 21st
day of April, 1998.
Signed this ,~ r/,,,~' day of ~-I~ ,1998.
LAKE WORTH CITY COMMISSION
By:
/ Tom Ramiccio, Mayor
ATTEST:
~B'~ir~a ra' A.--¢ o~Sythe,/~'i{~ I'erk
% .. ~'., ,..J
'%
5 ;',~. ;"" :'~'~
~ -'
?
I C~m~£selofle~ Lov~dea moved chi £o3,3.ovLng amendment:
1 O ~
23
25 qene.ral ,.~av. ~vere/ifi /~unt~ Ii ~lved'~r"suc~'irbl~ra~Lofl
2i deeAsAons ~O, ~he es~fn~ 6~ ~6~,OOO~ unless dqch'~.~ ~s
]7 ~aeceaaed by qenera~ ~au. "
~d ~he cicle An ~eflded au
1
A~ac~en~ A
4 A p~sai ~o revise
10
~3
~17' .
1~ ': -.:' .'
21 .:'
. .~.: ~,.'
.~¥ · ;~. -..%','
~"2d .,
31 '.~ :'
cra. 00~9.c~.~05 '-
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL ° PALM BEACH GARDENS, FLORIDA 33410-4698
MEMORANDUM
TO: Palm Beach County Municipalities
Florida Constitutional Revision Commission
FROM: Cindy Harvey, Deputy City Clerk
DATE: April 3, 1998
SUBJECT: Resolution 28, 1998
Enclosed is a copy of Resolution 28, 1998, providing for opposition to the proposal before the
Constitutional Revision Commission regarding sovereign immunity. The City Council of the City of
Palm Beach Gardens approved this resolution at the Regular Meeting on April 2, 1998.
Enclosure: As Stated