Resolution 096-1976•
RESOLUTION NO. 96 -1976
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 for torts, to recover damages for injury or loss
of 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 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 omis-
sion 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 this State, may be prosecuted, and
WHEREAS, the Board of County Commissioners of Monroe 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 of Monroe
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
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, finds it increasingly more difficult,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 Monroe County, and
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WHEREAS, the Board of County Commissioners does not seek to
shrink or withdraw from its responsibilities to the citizens of
Monroe 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 be-
half 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 THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Monroe County Legislative Delegation seek, by what-
ever means available, to immediately and with haste provide legis-
lation 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 subsections as indicated in Florida
Statutes 768.28, the waiver_of sovereign immunity for the Counties
of the State of Florida.
3. The Board further requests that the other sixty-six
Counties in the State of Florida, also lend their full support in.
the reinstatement of sovereign immunity for the Counties within
the State, their employees, as well as elected and appointed offi-
cials.
BE IT FURTHER RESOLVED BY SAID BOARD that copies of this
resolution be forwarded to the State Association of County Commis-
sioners, the Monroe County Legislative Delegation, President of the
Senate, and to each Board of County Commissioners in each of the
remaining sixty-six counties.
DATED June 1, 1976.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA _
By
Mayor and Chairman
(Seal)
Attest:
Clerk