Res 40-90 I
RESOLUTION NO. 40-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO
NOT ADOPT HOUSE BILL 2113, WHICH IF PASSED WOULD
DRAMATICALLY INCREASE THE TORT LIABILITY OF GOVERNMENTAL
ENTITIES UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, F.S.
SECTION 768.28 BY REMOVING THE PER INCIDENT OR OCCURRENCE
LIMIT OF $200,000 AND BY ADDING COSTS, INCLUDING
REASONABLE ATTORNEY'S FEES, TO THE PER PERSON CLAIM LIMIT
OF $100,000.
WHEREAS, it has come to the attention of the City Commission of
the City of Delray Beach that House Bill 2113 has been filed in the
Florida House of Representatives, which if passed into law, would
dramatically increase the tort liability of governmental entities
under Florida's Sovereign Immunity Statute, F.S. Section 768.28, by
removing the per incident or occurrence limit of $200,000 and by
adding costs, to include reasonable attorney's fees, to the per person
claim limit of $100,000, and;
WHEREAS, House Bill 2113 eliminates the per incident or per
occurrence dichotomy with respect to claims or judgements against the
state and its agencies and subdivisions, and;
WHEREAS, elimination of the per incident or occurrence limitation
will cause the number of claims arising from a single incident or
occurrence to be limited only by the number of persons injured in a
single incident and/or the number of additional claimants, namely,
spouses and dependents, asserting claims based upon an injury to a
single person $100,000 limit, and;
WHEREAS, House Bill 2113 eliminates the requirement to provide
notice to and complaint service on the Department of Insurance, and;
WHEREAS, passage of House Bill 2113 would have a potentially
severe financial impact on governmental entities protected under
Florida's Sovereign Immunity Statute, F.S. Section 768.28.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Florida Legislature is strongly urged not
to adopt House Bill 2113, which if passed would dramatically increase
the Tort liability of governmental entities under Florida's Sovereign
Immunity Statute, F.S. Section 768.28.
Section 2. That the City Commission of the City of Delray Beach
hereby requests support from all other municipalities in Palm Beach
County urging each and every other municipality to pass a similar
resolution in opposition to House Bill 2113 as the passage of such
could have a severe financial impact on governmental entities
protected under Florida's Sovereign Immunity Statute, F.S. 768.28
Section 3. That the City Clerk of the City of Delray Beach is
hereby authorized and directed to distribute this resolution to each
and every other municipality within Palm Beach County and to the
Florida House of Representatives.
Section 4. That this resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED in regular session on this the llth day'of
April , 1990. .~
ATTEST: