HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 10_7/27/1994 MEMORANDUM
TO : Thomas G. Bradford, Village Manager
FROM: Carl R. Roderick, Chief of Police
DATE: July 21 , 1994
SUBJECT : Public Safety Committee Meeting Ref : MSCO Mutual
Aid.
When we first were approached by the M.C. S.O. to enter into a total
Mutual Aid Agreement , it was because we inquired about the
possibility of deputizing our officers to patrol and take action
within Tequesta Park which they declined. Discussing the Mutual Aid
Package with my staff , we were hesitant on this agreement simply
because we felt that the MCSO did not have the proper coverage in
the county line area ' s . This could have led our department to
respond to any "Life Threatening" type call , including domestic
disputes . Since the majority of the time we only have enough
officers (2) to cover our own jurisdiction, we felt we should
investigate the proposal further.
Since then it was suggested that we approach MCSO with a "Pay Per
Call" proposal , specifically in the Turtle Creek development . My
initial contact via phone was less than enthusiastic . Since the
Mutual Aid proposal was suggested, MCSO has added extra coverage to
the south county area on a 24 hour basis . I again contacted Major
Reichert this past week about the proposition and they advised they -
would review a written proposal on this "Contract Service" advising
that it would no longer be regarded as mutual aid.
I will continue with negotiations on the subject but I hope we are
not putting the cart before the horse on this idea . If they were to
accept a proposal on contract service, we may be excepting more
,than we can handle at present strength. Each time an officer gets
involved in an arrest, he must go to the Martin County jail for
paperwork, the Martin Courthouse for depositions and hearings, etc.
and can add up to a lot of time.
•
<Is saa,,r,
VILLAGE OF TEQUESTA
Post Office Boa 3273 • 357 Tequesta Dnve
•
Tequesta.Ronda 33469-0273 • (407) 575-6200
`t+ ., Far (407) 575-6203
) •
4
MEMORANDUM:
TO: Carl R. Roderick, Chief of Police
FROM: Thomas G. Bradford, Village Manager
DATE : April 4 , 1994
SUBJECT: Martin County Sheriff's Department Request for Mutual Aid
At the Joint Local Government Meeting held on March 30, 1994 ,
Martin County Sheriff Robert Crowder attempted to maximize the
circumstances to his advantage by surprising the Village Council
with inquiries as to the status of his requested Mutual Aid
Agreement between the Martin County Sheriff 's Office and the
Village of Tequesta Police Department. I told Sheriff Crowder that
Tequesta staff was not going to recommend a traditional Mutual Aid
Agreement to the Village Council and that we were •working on a
hybrid agreement to be reviewed by the Public Safety Committee upon
completion. Sheriff Crowder did not seem to like my response, but
at least it stymied his efforts at strong-arming his way into a
Mutual Aid Agreement with Tequesta.
Appearing below is an overview of our concerns :
1 ) Traditional mutual aid places Tequesta in the potential
position of being abused by the Martin County Sheriff 's Office
due to their lower level of service standard in Southern
Martin County.
2) In the.long-term future, Tequesta will be faced with supplying
additional manpower for law enforcement purposes. Therefore,
Tequesta should explore every vehicle to maximize revenue to
offset anticipated expenses associated with providing higher
levels of service for law enforcement, including annexation
and service contracts from internal or external areas of
Tequesta.
3) It would be desirable for Tequesta to have a first response
capability within Tequesta Park.
Page 2-
Keeping all of the above in mind, with the understanding that
Tequesta does not wish to appear to be "sitt:ng on Martin County' s
mutual aid request" , appearing in the outline below are the
instructions I gave to you at the Staff Meeting on March 15, 1994,
which is what I jokingly refer to as the "Palm Beach County Fire-
Rescue Mutual Aid Concept" :
TEQUESTA THREE-TIER APPROACH TO
MARTIN COUNTY MUTUAL AID
1 ) First Response District . , Turtle Creek and/or Tequesta Park
are primary candidates for this type of mutual aid. We would
propose to bill Martin County on an annual basis for all of
the property located in Turtle Creek at the exact same price
Tequesta property owners pay for the sare service . When there
is a call for service, we would automatically respond. Under
this scenario, you would calculate the total costs of your
Department, including estimated additional expenses to serve
Turtle Creek, and propose to charge Martin County for Turtle
Creek services on a proportional basis equal to what Tequesta
residents pay for the same, perhaps by establishing a millage
rate and costing this out for Turtle Creek.
2 ) Special Assistance. This concept would be proposed for areas
outside of Turtle Creek in Southern Martin County where, if
you responded, Martin County would be charged on a cost per
call basis . Cost per call is established by determining the
budget of your department and dividing it by the number of
calls received on an annual basis to determine the average
cost per call of the Tequesta Police Department.
3) Mutual Aid (Traditional) . This would apply to any area of
Martin County conditioned upon availability of Tequesta
resources and would apply to either catastrophic events or
where the Martin County Deputy on the scene of a call requires
immediate supplemental manpower to deal with the circumstances
to which he/her is confronted.
Once you've worked out the numbers needed for the scenarios
referenced herein, we will take the mutual aid request of Martin
County to the Public Safety Committee in order to review the pros
and cons of the same for the purpose of reaching a recommendation
to the full Village Council.
TGB/krb
c: Village Council, w/attachments
John C. Randolph, Village Attorney, w/attachments
1
HICG INS, RIFKIN, WOOD & NORMAN, P.A.
AT'roiMET, AND COON,I LOIR•AT•LAW
JAMES S. HIOOINS 2400 SouTH FIoUTAL HIONrAY. Sung 320 . • `.7 ` ILIMO ADDRESS
Ava IT,ow C. RIrtIN STUA FLoiio* 34994 f.' • Box 509
STlvEN J. WOOD ' ' STUAR L 34995-0509
KENNeTI/ A. NORMAN TELEPHONE (407) 287-4422 •/ VILLAGE*AcsnoCa 407) 287-9966
1E;. S I,z
J FED
February 23, 1994 , M p�FIGt 3
Tom Bradford, Village Manager
Village Manager's Office
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
RE: Mutual Aid Agreements between Martin County Office of The Sheriff and Village of
Tequesta
Dear Bradford:
In May, 1993 on behalf of Sheriff Crowder, I had sent to Carl Roderick, Chief of Police of the
Village,of Tequesta, the following materials:
1. A Mutual Aid Agreement between The Martin County Office of The Sheriff and
the Village of Tequesta, four (4) duplicate originals.
2 Signing'instructions for Mutual Aid Agreements.
As indicated in that May letter, Sheriff Crowder was and remains extremely concerned and
interested in close cooperation among the law enforcement agencies in all locations, and in
particular, those in the communities adjacent to Martin County. The existence of a Mutual Aid
Agreement will serve the interests of all citizens. Absent the existence of an adopted and in place
Mutual Aid Agreement, the public safety may not be served as well as the cooperation would
otherwise provide.
When last I spoke with your office regarding the Mutual Aid Agreement proposed, I was advised
that for Tequesta, the Mutual Aid Agreement was not then a priority,other matters were of more
urgent priority. Given the long period since then,Sheriff Crowder hopes that Tequesta's priorities
have been re-a«scd, and that the Mutual Aid Agreement might be given a very high priority,
consistent with the importance of the safety of our citizens. Your cooperation and kind offices are
solicited in that effort
Tom Bradford, Village Manager
Village Manager's Office
Village of Tequesta r
February 23, 1994
Page 2
Please advise how I or Sheriff Crowder may assist you in causing this matter to be immediately
resolved. We appreciate your attention and we appreciate your cooperation in attaining a final
adoption of the Mutual Aid Agreement.
Very truly yours.
ti" csAr
9m4/11
es S. Higgins
JSHIji
cc: Sheriff Robert L Crowder
Major Reichert
•
•
toortns rnmsroinrrAnmara q
egu VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequcsu Dnve
•) ' » Tcqucsu.Flonda 33469.0273 • (407) 575.6200
� '; Faa: (407)575-6203
•
,A 410•
May 28 , 1993
John C . Randolph, Esq.
Jones , Foster, Johnston & Stubbs , P .A.
P .O. Drawer E
West Palm Beach, Florida 33402-3475
RE: Proposed Mutual Aid Agreement Between Martin County Office of
the Sheriff and the Village of Tequesta
Dear Skip:
Chief Roderick has received the enclosed correspondence and draft
Mutual Aid Agreement from legal counsel of the Martin County
Sheriff 's Department. Please review the Agreement for legal form
and sufficiency.
Sincerely,
Thomas G. Bradford
Village Manager
TGB/krb
Enclosure
•
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MEMORANDUM �cu�-
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�fICE
TO : Thomas 0 . Bradford , Village Manager c,, • P
FROM : Carl R . Roderick , Chief of Police
DATE : May 27 , 1993
SUBJECT : Mutual Aid Agreement between the Martin County
Sheriff 's Department and Village of Tequesta as
proposed by M.C . S.O.
Attached is a copy of the cover letter and agreement proposed by
Martin County Sheriff , R. Crowder , for mutual aid between our two
departments . I have attached copies of the State Statutes mentioned
in the agreement for quick review.
As I have mentioned before (when we discussed the problem of
authority in patrolling Tequesta Park) , I do have a concern about
"assistance of a routine law enforcement nature" in that M.C.S.O.
deputies may call on us to respond to domestic and other type
urgent calls , due to their lengthy response time when the deputy is
not in the immediate area. We, on the other hand, have not had to
call for M.C.S.O. backup unless we were' in pursuit into their
jurisdiction.
I intend to go over the contract with my supervisory personnel for
their reaction which we can discuss with Mr Randolph's review and
comments.
Please review the contract, with an extra copy attached for Village
Attorney Randolph.
Carl Roderick, Chief of Police
Village Manager's Office
May 11, 1993
Page 2
The enclosed agreement is substantially based upon the broad based Mutual Aid and
•
Cooperation Agreement suggested by the Florida Department of Law Enforcement.
Several select clauses have been added to address questions and concerns that might arise
during a mutual aid event. Should you have any questions concerning the enclosed
agreement I will be most happy to discuss them with you by telephone or to arrange a
meeting where these matters might be reviewed. .
We appreciate your attention and we appreciate your cooperation in arriving at the
uniform agreement.
Very truly yours,
•
es S. Higgins
JSHlat 5i
Enclosure
'cc: Sheriff Robert L Crowder (w/enclosure)
Major Gary Frechette (w/enclosure)
•
•
•
•
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Carl Roderick, Chief of Police
Village Manager's Office
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469 •
RE Mutual Aid Agreements between Martin County Office of The Sheriff and Village
of Tequesta
Dear Roderick:
. Enclosed for your review and consideration are: •
1. A Mutual Aid Agreement between The Martin County Office of The Sheriff
and the Village of Tequesta, four (4) duplicate originals.
2. Signing instructions for Mutual Aid Agreements.
The boundaries of Martin County encompass and/or border upon five (5) incorporated
municipalities of which your city is one. Sheriff Crowder is extremely concerned and
interested in close cooperation among the law enforcement agencies in all locations. A
serious matter in that cooperation is uniformity in the agreements entered by The Martin
• . County Office of The Sheriff with each of these municipalities. This uniformity is intended
to avoid complications and confusions that may arise if the agreements with the various
municipalities varied in their content and context. Therefore, the agreement enclosed has
_been made on a uniform basis to be entered into by the Sheriff with each of these
municipalities. The enclosed copy has been particularly drawn reflecting the name of
your Municipality.
•We hope that you will appreciate the objective of uniformity that is being sought by use
of standard agreements and will favorably consider the enclosed-agreement without
material alteration or changes. The advantages to be gained are substantial
1COSJ 1711DAPUu�I
PROCIDURI POI SIGNING 0P
KOTOAL AID AORISIT OX3INID
OP1AATIONAL 'MISTAYC= AND
VOLUNTARY OOOPIPATION
FIRST, have the municipality's attorney review the document.
SECOND, date the agreement on page one (1) on the lines
provided.
THIRD, the Chief of Police of the municipality should sign on
the line provided for his signature before any witness signs.
FOURTH, two (2) different witnesses must then sign his or her
name in full on the lines provided.
FIFTH, the municipality's Mayor is to sign on the line
provided for the Mayor's signature.
The above steps should be completed for each of the four (4)
duplicate originals which are enclosed. The duplicate originals
of these documents should be returned to James S. Higgins, Esquire,
General Counsel For Sheriff Robert L. Crowder.
After signature by Sheriff Crowder, the documents as signed will
be distributed as follows:
1. Chief of Police
2 . Mayor's Office
3 . Municipality's Attorney's office.
4 . James S. Higgins, Esquire forSheriff Crowder.
fcmJNINmscflm:monwoolim
MUTUAL AID AO .ZVLENT
COMBIMSD
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
This Mutual Aid Agreement is entered into the day of
, 1993 by and between the Martin County
Office of the Sheriff ("Sheriff's Office") , and Village of Tequeata
Police Department ("Law Enforcement Department") , or reference to
both as, the "Agencies" , to be as follows:
WITNESSETI
w'HEREAS, . The subscribing Law Enforcement Agencies are so located
in relation to each other that it is to the advantage of each to
receive and extend Mutual Aid in the form of law enforcement
services and resources to adequately respond to:
( 1) Intensive situations including but not limited to
emergencies as defined under Section 252 . 34 , F.S. ; and,
(2) Continuing, multi-jurisdictional law enforcement
problems, so at to protect the public peace and safety,
and preserve the lives and property of the people; and,
WHEREAS, The Sheriff's Office and the Law Enforcement Department
have the authority under Section 23. 1225, F.S. , et seq. , The
Florida Mutual Aid. Act, to enter into a combined Mutual Aid
Agreement for law enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine
law enforcement nature across jurisdictional lines, and;
(2) Provides for rendering of assistance in a law enforcement
emergency as defined in Section 252.34, F.S.
NOW, THEREFORE, the Agencies agree as follows:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
Each the Sheriff's Office and the Law Enforcement Department hereby
approve and enter into this agreement whereby each of the agencies
so represented may request and render law enforcement assistance
to the other to include but not necessarily be limited to dealing
with: Civil Disturbances, Large Protest Demonstrations, Aircraft
Disasters, Fires, Natural or Man-Made Disasters, Sporting Events,
Concerts, Parades, Escapes from Detention Facilities, and Incidents
Requiring Utilizations of Specialized Units.
•
•
Mutual Aid Agreement Combined
page I Operational Assistance And Voluntary Cooperation
SECTION IIa PROVISIONS FOR VOLUNTARY COOPERATION
Each the Sheriff ' s Office and the Law Enforcement Department hereby.
approve and enter into this agreement whereby each the Sheriff's
Office and the Law Enforcement Department may request and render
law enforcement assistance to the other in dealing with any
violations of Florida Statutes to include, but not necessarily be
limited to: Investigating Homicides, Sex Offenses, Robberies,
Assaults , Burglaries, Larcenies, Gambling, Motor Vehicle Thefts,
Drug Violations Pursuant to Chapter 893 , F.S. , and in support of
backup services during patrol activities, School Resource Officers
on Official Duty out of their jurisdiction, and Inter-Agency Task
Forces and/or Joint Investigations.
SECTION II : PROCEDURE FOR REQUESTING ASSISTANCE
A. In the event that a party to this agreement is in need
of assistance as set forth above, such party shall notify the
agency or agencies from whom such assistance is required. The
Sheriff or his authorized designee, for the Sheriff' s Office, and
the Chief of Police or his or her authorized designee as to the Law
Enforcement Department, whose assistance is sought shall evaluate
the situation and his/her available resources, and will respond in
a manner he/she deems appropriate.
•
B. The agency head in Whose jurisdiction assistance is being
rendered may determine who is authorized to lend assistance in
his/her jurisdiction, for how long such assistance is authorized
and for what purpose such authority is granted. . This authority may
• be granted either verbally or in writing as the particular
situation dictates.
C. Should a sworn law enforcement officer be in another
subscribed agencies jurisdiction for matters of a routine nature,
such as traveling through the jurisdiction -on routine business,
attending a meeting, or transporting a prisoner, and a violation
of Florida Statutes occurs in the presence of that law enforcement
officer, representing his/her respective agency, he/she shall be
empowered to render enforcement assistance and act in accordance
with law. Should enforcement action be taken, that law enforcement
officer shall notify the agency having normal jurisdiction and upon
the latter' s arrival, turn the situation over to them and offer any
assistance requested including but not limited to a follow-up
written report documenting the event and the actions taken. • This
provision so prescribed in this paragraph is not intended to grant
general authority to conduct investigations, serve warrants and/or
subpoenas, but is intended to address critical, life-threatening
or public safety situations, prevent bodily injury to citizens, or
secure apprehension of criminals whom the law enforcement officer
may encounter.
•
D. The agency head's decisions in these matters shall be
final.
Mutual Aid Agreement Combined
page 2 Operational Assistance And Voluntary Cooperation
SECTION IiI: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting
agency head shall be under the immediate command of a supervising
officer designated by the assisting agency head. Such supervising
officer shall be under the direct supervision and command of the
agency head or his/her designee of the department requesting
assistance .
SECTION IV: INDEXNIPICATION/LIABILITY
Each party engaging in any mutual cooperation and assistance,
pursuant to this agreement, agrees with respect to any suit or
claim for damages resulting from any and all acts, omissions, or
conduct of such party's own employees occurring while engaging in
rendering such aid pursuant to this agreement, to hold harmless,
defend and indemnify the other participating party and its
appointees or employees, and to assume full responsibility for
same, subject to provisions of Section 768 . 28, Florida Statutes,
where applicable, and provided such party shall have control of the
defense of any suit or claim to which said duty to indemnify and
assumption of responsibility applies.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of each participating department when actually
engaging in mutual cooperation and assistance outside of their
jurisdictional limits but inside the State of Florida, under the
terms of this agreement, shall, pursuant to the provisions of
Section 23 . 127 (1) , F.S. , have the same powers, duties rights,
privileges and immunities as if the employee was performing duties
inside the employee's political subdivision in which normally
employed.
B. Each party agrees to furnish necessary personnel,
resources and facilities and to render services to each other party
to the agreement as set forth above; provided however, that no
party shall be required to deplete unreasonably its own personnel,
equipment, resources, facilities, and services in furnishing such
mutual aid.
C. A political subdivision that furnishes equipment pursuant
to this part must bear_ the cost of loss or damage to that equipment
and must pay any expense incurred in the operation and maintenance
of that equipment.
D. The agency furnishing aid pursuant to this section shall
compensate its appointees/employees during the time such aid is
rendered and shall defray the actual travel and maintenance
expenses of its employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal
Mutual Aid Agreement Combined
page 3 Operational Assistance And Voluntary Cooperation
injury or death while such employees are engaged in rendering such
assistance .
E. The privileges and immunities from liability, exemption
from laws, ordinances and rules, and all pension, insurance,
relief, disability, workers ' compensation, salary, death and other
benefits that apply to the activity of an employee of an agency
when performing the employee's duties within the territorial limits
of the employee ' s agency apply to the employee to the same degree,
manner, and extent while engaged in the performance of the
employee ' s duties extraterritorially under the provisions of this
Mutual Aid Agreement. The provisions of this sections shall apply
with equal effect to paid, volunteer, and reserve employees.
F. Nothing herein shall prevent the requesting agency from
requesting supplemental appropriations from the governing authority
having budgeting jurisdiction to reimburse the assisting agency for
any actual costs or expenses incurred by the assisting agency
performing hereunder.
SECTION VI : SATISFACTORY PROOF OF INSURANCE
Each party shall provide satisfactory proof of liability insurance
by one or more of the means specified in Section 768. 28 (14) ,
Florida Statutes, in an amount which is, in the judgmentof the
governing body of that party, at least adequate to cover the risk
to which that party may be exposed. Should the insurance coverage,
however provided, of any party be cancelled or undergo material
change, that party shall notify all parties to this agreement of
such change within ten (10) days of receipt of notice or actual
knowledge of such change.
SECTION VII: REIMBURSEMENT FOR COSTS AND EXPENSES
A. The parties acknowledge and agree that with respect to
any aid or services provided pursuant to SECTION II: PROVISIONS
FOR VOLUNTARY COOPERATION, there shall be no reimbursement for .
costs or expenses incurred by the assisting agency. However, this
provision shall not be interpreted to prevent the requesting agency
from agreeing in advance to pay for the costs or expenses of the
operation even if the assisting agency or its employees benefit
therefrom.
B. The parties acknowledge and agree that with respect to
any aid or services provided pursuant to SECTION I: PROVISIONS FOR
OPERATIONAL ASSISTANCE, the assisting agency shall be entitled to
reimbursement for investigative expenses including, but not limited
to, car rentals, hotel rentals or other incidental expenses
reasonably incurred by the assisting agency in providing
operational assistance. Reimbursable expenses under this section
does not include compensation to employees or overtime pay. If
investigative expenses are to be incurred by the assisting agency
under this subsection the assisting agency shall first obtain the
•
Mutual Aid Agreement Combined
page 4 operational Assistance And Voluntary Cooperation
prior written authorization from the requesting agency which shall
ultimately boar the investigative expenses.
SECTION VIIIM FORFEITURES OR OTHER RECOVERIES
In response situations where forfeiture of seized property is
likely the parties shall endeavor to agree in advance to an
equitable sharing of all proceeds. If advance arrangements cannot
be made , the proceeds shall be equitably distributed in a manner
reflective of the time, manpower and resources contributed by each
agency . Proceeds shall be defined as the amount of money or
property existing after the forfeiting agency's costs and legal
expenses have been paid.
SECTION IX: LOST OR ABANDONED PROPERTY
Should any lost property, abandoned property, or unclaimed
evidence, as those terms are defined by law, be found, located or
seized by either party during the performance of this Agreement.,
both parties further agree to dispose of said property through
public sale or auctions, the net proceeds of which shall be equally
distributed between the agencies participating in the Agreement.
Individual exceptions to this disposal procedure may occur with
mutual written consent of both parties.
SECTION X: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the
hereinafter named officials and shall continue in full force and
effect until September 30, 1994 . Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XI: CANCELLATION
Any party may cancel their participation in this agreement upon
delivery of written notice to the other parties. Cancellation will
be at the direction of any subscribing party.
END OF TEXT
•
Mutual Aid Agreement Combined
page 5 Operational Assistance And Voluntary Cooperation
IN WITNESS WHEREOF, the parties hereto cause these presents
to be signed on the date specified.
Signed, sealed and delivered
in the presence of:
Office of the Sheriff of Martin
County, Florida
BY:
Witnesses as to Sheriff Robert L. Crowder, Sheriff
Sheriff's Attorney Review
Law Enforcement Department
BY:
Witnesses as to Chief of Police Carl Roderick
Village of Tequesta
BY:
Village's Attorney Reviewed Ron T. Mackail
Village Mayor
Mutual Aid Agreement Combined
page 6 Operational Assistance And Voluntary Cooperation
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z: the direction a control •
t:' phes or hostile military or paramilitary action. 1 Emergency ma menl drills, tests,or nisi'
6 (b) Preparation for prompt and efficient rescue,care.
" and treatment of persons victimized or threatened by uses of whatever natur
_< •• _ 2 Warnings and T1 for tests and dris,attacks.
disasters.. ther irttrrtrnerd ge =a a heats thereof and
-- (c) Provision of a setting conducive to the rapid and or e mechanical • s to • used a correction with4 orderly start of restoration and rehabltation of persons such gs .ram
R ?' and property affected by emergencies. t Tor r make d• rrlrne . for zoning.Wilding
(d) Provision of an emergency management system (e)
preparedness and other land =, •. trots.sa measures fa sear
' . and postemergency
aller envy aspects pr emergent►a . 'ing mobile home other nonpe •. - t a sempemti
` " - • and poAss st nee in response.
• nafan•appraisal, nerd structures, nd other pc ion, mitigation, arc
(e) Assistance anticipation.recognition.- ;. prevention,and mitigation of emergencies which may be preparedness • -asures desig -• to eliminate erne- •
�" ; cused or aggravated.by inadequate planning for, and gencies or red - their impact.
regulation of,public and private babes and land use. (i) To r> • assistance to polo = sub&r'sio s -
(4) 'Local emergency management agency'means _ designing . • mercy action plans• a sta::
*4. -' _ an organization created in accordance with the prowl- (g) To • pare and distribute to
• ..
-? skins of SS.252.31-25260 to discharge the emergency •
and beat --- catalogs of federal, -' e.and pima::
- management responsilities and functions of a political assis : •-.••.
(h) T. • dinate federal, state. local erne
subdivision. ��,y Bement activities.
` = (5) 'Political subdivision' means any county or I ® r.• meets it•
_*"• rtxrruapafify created pursuant to law. (i) promulgate , .
.,. MarorY.—a 1.e►N 7ak a 1t d►it-1�a a2 d�t�btf:a tR d►a�7X •. '., - .. 8;,r�r;1�E,l:g,ae,,nCy ;,a_
rr a 7 �.at-2�1. -- - - --- - - a) O re'YieW Ofiar at i^"b •. - . .emer
2 35 Emergency management powers; DM •`(� To make surveys d industries. .
of Err Management'.ssbeand cities within the state,both public and• te,a9
_ - (1) •�sha>s be -•. rryinp°� are _..ssauh to carry out the purposes d ss. 31
',` 'the h teovisionsa, ',• .r:• as.252.31-252.60. - :r•To prepare.fa issuance by the Governor. -
., the ) In
is a with the• e ovis'• - •• •pter 120. rules as are
e •. ive orders.proclamations,and -
_ '• . • (a) Ina• • Pr terns . ry ce appropriate in coping with emergencies.
z,� '= to -- =nd.and rescind rules.progr- • •.
`J-
}:Y 18
•
-'.j►:• ? ,1�r aim �•� *�I - ,
•
°"sS c' t
,($.l'i:.: tie ;,x f . - . .s. .
23.12 • 23.121 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 •. 23.1231
•3.121 Polley and purpose.— the taw enforcement assistance to be rendered. the
of State r s n^ that Shat bear arty % bihl arising from acts
for Supe�•�T ng Because of the existing and continuing Doss'. agency y 'n'9
ay • e occurrence of natural or manmade disaste or undertake- under the agreement. the procedures for
aid. the Ftorrda emer• • cies and other map law enforcement •rob• requesting and for authorizing assistance the agency
-nasrng Cooper {ems. i uding those That cross jurisdictional h. s. and that has command and supervisory respons.ddy.a lime
3 nee ,n order ensure that preparations of this St • will be limit for the agreement.the amount of any compensation
-an be response adequate deal with such activity. prole he public or reimbursement to the assisting agency and any other
n°me financial peace and :fety. and preserve the lives nd property terms and conditions necessary to gyve a effect An
d by theasecre of the peopl- I the state,it is found a • •eclared to be example d the use of a requested operational assist .
necessary- ance agreement rs to meet a request for assistance due
erv,GeS. vrhic' (a) To crea a state law enfor •nt mutual aid to a civic disturbance or other emergency as defined in
_went. budget. plan which pr. • for the coordi ion of taw enforce- s. 252.34,LTH QUALITY A combination of the agreements described in
• merit planning. •.. Mons, and •ual aid; (C) 9
(b) To provide • the coon• anion of the dispatch subsections (a)and (b).
Dant a Deputy and use of law enfor•ement • sonnet and equipment (2) A mutual ad agreement may allow for discretion
-o shall serve at whenever, because of .tun. •. manmade disasters or by the pales as to when,whether,and to what extent
ate to.the deist• ertergencies. a local to • • cement agency requires assistance will be available.
ality Assurance law enforcement assista from any other jurisdiction; (3) A mutual aid agreement may be entered into by
' Health (Duality (C) To Provide for a - ' -m for the receipt and dis- a sheriff or by the mayor or chief executive officer of a
H POLICY AND semination of informal • , d• •. and directives pertain- munictpakty or county on behalf of a law enforcement
;rig to activities . • • law e •• cement agencies;_ agency. A authorized by the governing body of the
a Deputy Dvec• (d) To prescribe procedu for the inventory of all municipally or county.
-let serve at the law enforcement •' sonnet,face -s.and equipment ,n (4) A copy of a mutual aid agreement must be filed
to, the director the state; with the Department of Law Enforcement within 14 days
▪ Planning shall (e) To collet :rid disseminate in rmation and intelli- after it is signed.
Policy and Plan- gence relating • disasters or emer.- .-s,either exist- rub:rt.-•2 cri $r•+•2• r of a3-2u.• 1.0 13-33• • r v+p-39D.•
'Jr chasing. ing or pendin , 3.air sz-+6
e Health Care (t) To • •plan distribution and al• -ton of state .1231 Florida Mutual Aid Plan; powers an•
rs appointed by resources• support of the overall taw en cement mis- d . _
the Senate.TheFlorida Mutual Aid Plan must prepare 1• e
elect a cha.rper- sion:)and
allow a law enforcement agency enter into distriDut and allocation of state resources in
ernbership. The •a mut aid agreement with another law e -rcement of the . taw enforcement mission The•- be
budget review, age • of this stale or any other state. administer-• •y the Department of law Erdor• ment to
•
rsirs.and special It Ls hither declared to be the pure•-• •1 this any , • ... and purposes set lath' s.23.121.
e Legislature.or pa o authorize the establishment of such orga -lion (2) The ex:-• •ive director of the s-•'•• - , d Law
a-• the development and employment of such ea-
• • under the the slate's
'STRATIVE SER � res as are necessary and appropriate to carry ou - chief taw enfor•� • t officer is the •' -• et the fors
.puty Director of • ovisions of this part. ida Mutual Aid Plan. • director of - Florida Mutual
at the Leasure Mon. 2.d+ as-r+t. I.di a1-W2.•2.e+ 112•166 Aid Plan may
the Division of 23.1225
rector.Thedep• (a) Coordinate• trite rate, • implement law
term'mutual
•aid agreements.—
(1) The aid agreement;as used in this enforcement planning a a ides for the use of
pad,refers to one of the following types of agreement: mutual ad and state resou r•
r. a rdet os+.o•+s>+e (a) A voluntary cooperation agreement. in writing. (b) Coordinate the or•- 'on and direction of the
iO ay es'car 12-14, between two or more taw enforcement agencies which taw enforcement services • orida Mutual Aid Plan;
peemits voluntary cooperation and assistance of a roue (c) Coordinate and' • -men • gathering and
b
,ctional Ines. lotion d information • role• •- -- relating tine law enforcementment nature across naturejurt enforcement mutual . or assis - • from state agen
law
The agreement must specify the of the law local -w enforcemen ••- �- n any
enforcement assistance to be rendered,the agency that des to srpp°rt
UNCTIONS • shall bear any rtabllity arising from acts undertaken local disaster or - gency,and • • '.- --i•• to
under the agreement.the procedures for requesting and state and local la •enforcement a•-
• for authorizing assistance. the agency that has corn. .. (d) Ad as ' •-• With the Division ' he Florida
nand and supervisory re ty.a time limit for the Imay ' . • • e1e Deperbnertt of • . , Safety
CT • agreement. the amount of arty compensation or reins and Motor V- -- in order(o coordinate 1egrt e
bursement to the assisting agency.and any other terms f�• for tr •n oordrd and the •- '-•-
bit effect.M example - n the taw enforcement operation;
and conditions cnecessary ary give as Raison Io the Governor. -•-- :rid
a the use a a voluntary cooperation agreement is to (a) - - � �and toot law•. .. ..
provide for a joint city-county task force on narcotics state •
ers and duties. smment • vials in order to achieve close coordination -• d
,reties. �A requested operational assistance agreement. ••••• anion in planning and operations in trouble are- :
in writing,between two or more law enforcement ages- ( Guide the flow of law enforcement reformat'
•
De cited as the des for the rendering of assistance in a law enforcement ft• federal and state organizations to local law enfor
emergency. The agreement must specify the nature of • nt officials:
171 -
lz.s tt - S.tell • NEGLIGENCE Ch. 768
if the wrongaoe, a AS awards for the decedent's estate are subje within the scope of his office or employment under crr
would defense that wo 4 Ill , claims 01 creditors who have complied with cumstances in which the stale or such agency or tube,.
•f he were the pa,nlfi tow Pits of probate law concerning claims vision, if a private person, would be liable to the claim
•..)t shall not atte,t w /8) 'e damages specified in subsection (3 .Hatt ant. in accordance with the general laws of this slate
icf be overable by adult children and the d. ages may be prosecuted subject to the limitations specified
gpeptie subsection (4) shall not be recov= tile by in this act Any Such action may be brought in the County
rents of adult child with respect to claim or mech. where the property in litigation is located or, if the
•.teal beneficiaries of s —mom. ceras definedn by s 766 1060). a tarp affected agency a subdmsron has an office in such
'udrng the decedent's •om.- .a„ county for the transaction of its customary business.
rr�l.. r.— 1-14 Q,o'd..004rJOMr le ce KlO i.ccst q
int,and their rat&} ,or.oc•zz., 'too where the cause of action accrued.
be alleged. Damao% (2) As used in this act;'stale agencies or subdrvi
]68.22 For of verdict—The a • s awarded to sins' include the executive departments, the Legrsla-
r the value of lost auD open survivor a • to the estate shall .• stated sepa• lure, the judicial !ranch (including public defenders).
f the decedent's ray eery in the ver• t. and the independent establishments of the slate.coun-
.,re loss of support Nil •"°'r-' ' ut 72- • ties and municipalities;and corporations primarily acting
rid reduced to pre5ent as instrumentalities or agencies of the state, counties.
t and services,the W, 768.23 Prolectl• of minors d as or municipalities, including the Spaceport Florida
ant, the amount of The court shall pro de prole• on for any amount Authority.
available for distil* raided for the bene of a mop r child or an inccmpe• (3) Except for a municipality and the Spaceport
Fla—ant pursuant to the F lea G .rdianship Law. ida Authority, agencymay,
replacement
value oohs,.-r r.a n•16 the affected or subdivision
survivor may be con. at its discretion, request the assistance of the Depart•
n of future losses,the ' . 768.24 Death of a s•% or before Judgment-A merit of Insurance in the consideration,adjustment,and
ryor and the decedent • t jvrvor•s death before fi • .udgrnent shall limit the sue• settlement of any claim under this act.
case of healthy minor tu•s recovery to lost su••• and services to the date (4) Subject to the provisions of this section, any
y . d his death. The per • r . esentative shall pay the state agency or subdivision shall have the right to
r also recover ter lots mount recovered to t per • .I representative of the appeal any award,compromise,settlement,or delermi•
and protection and for deceased survivor, nation to the court of appropriate jurisdiction. .
ie date of rd.rr.-• I.d.72-05. (5) The state and its agencies and subdivisions shall
and all atdr�se • be liable for tort claims in the same manner and to the
dent,n��l y 768.25 Court a••royal of s- ements.—While an same extent as a private individual under Eke circa n-
nsh;p. 5dion under this t is pending • settlement as to stances,but liability shall not include punitive damages
Idsuffe stru from ',mount or appo ionment am• the beneficiaries or interest to the period before judgment. Neither the
- . leek is objecte• to by any • • or which affects a stale nor its agencies or subdivisions shall be Earle to
f minor child may --- •. - srnvor who is - nor or an i -• •_ -nt shall be effec• pay a claim or a judgment by any one person which
from the dais' five unless ap• oved by the court exceeds the sum of$100,000 or any claim a judgment,
:ring
f also recovert -'-, �_egisis.-•r.- a-� or portions thereof. which,when totaled with all other
ire no other t 7643.26 igation expenses.—Alta -ys' fees and su claims arts paid by the state or its agencies or
;es due to the ' - - ether e •- •'s of fit lion Shan to • he subdivisions arising out d the same incident , ocfxa-
0 Son& emus,exceeds the sum of t20 ,000• However,a judg-
xrvered by a suvivor epre • rye and deducted from the ewer• - to the Sur-
sivvrs •i the estate in proportion to th amounts meet or judgments may be claimed and rendered in
excess of these amounts and may be settled and paid
representative may oar•-• o them,but expenses incurred for • - benefit
the following: • d a ••- molar survivor or the estate shall be •• id from pursuant to this act up to 5100,0 of a 520dgme as the
ceased from the dais - -. heir ds. case may be; and that portion of the judgment that
n-� exceeds these amounts may be reported to the Legisla-
iorsi support of i e lure,but may be paid in part a in whole ally by further
�d,with interest Corp . Notwithstanding- 8.27 Effective date.—Sections 768.16-7; 27 act of the Legislature. the Smiled
rs of an estate.whic - , take effect on July 1, 1972,and shall not a.•• o waiver d sovereign irtamunity provided herein.the stale
cpected but for the — occurri before that dale. a an agency or subdivision thereof may agree,within
nt matey values' _ -- • - _4.r,ch.rfas the !Huffs of insurance coverage provided, to settle a
judgmentagainst it without
include a - • : .768.28 Waiver of sovereign Immunity In tort further action by the legislature,but renderede state or agency
actions; recovery limits; limitation on attorney fees; or subdivision thereof chat not be deemed to have •
or chid as de i Ittbtute of imitations;exclusions.— waived _sovereign lrtmxnly or to Rave
upporl and servi e! - • (1) h accordance with s. 13.M.X. State Cantu- -increased Ole limits of Ns Of NS
Mail-
and there is a saline - Nora,the state.for itself and for its agencies or subs vi• ing insurance coverage for brliouss acts in excess cl the
ci : dons..hereby waives sovereign immunity for lablty for $100.000 a$200,000 waiver provided above.The inla-
es due to the de* ' bits.but only to the extent specified in this act.Actions lions of iabiity set forth in this subsection that apply to
a become a charge elm against the state or any of its agencies or subdvi• the stale and its agencies and aubdvisioras whether or
id by or on behalf d • trans to recover damages in tat for money damages not the slate or its agencies or subdviaicns possessed
overabfe under sub Vainnst the state or its agencies or subdivisions for injury sovereign immunity before July 1, 1974.
or loss of property.personal injury,a death caused by (6)(a) M action may not be instituted on a claim
of the decedents !ore negligent or wrongful act a omission of any against the state or one of its agencies or subdivisions
mnpbyee of the agency or subdivision *tile acting unless the claimant presents the claim in writing to the
• 1299
Ch 768 -. NEGLIGENCE ►?tun r'"' — ----
to Such claims as may be asserted hdemn.fication of the •
. appropriate agency. and also. except as b any ebim iron do not appy a' red to the �^'
against a municipality or the Spaceport Fiords Author counterclaim pursuant to f 768 14 This to t ec ri
fly. presents such chain m writing to the Department of (7) In actions brought pursuant to this octal. ; (b persons e*Ch
or
Insurance within 3 years alter such claim aCtivel and its shall be served upon the head Of If* a
piano
the Department 01 Insuranco or the appropriate agency eerned and also. except as to a defendant murtieioalily as amppt l•s or age
denies the claim in writing except that,if six! Claim is ce the Spaceport Florida Authority,upon the Department diaP
ter 440
for Contribution pursuant to s 768 31.it must be so pits of Insurance, and the department or the agency con (11) Laws allowing '
entcd within 6 months alter the judgment against the cerncd Shall have 30 days within which to plead thereto. 'Mssom to buy insure^
tortleasor seeking contribution has become final by (8) No attorney may charge.demand receive.o Cd• we not restricted in
lapse of time to appeal or alter appellate review or if lea for services rendered,fees in excess of 25 percent 'n ,..(12) Every darn s`•'
there is no such judgment within 6 months alter the tat of any judgment of settlement ties a f suOdivs act or 's
teasor see■•rig cGritr•but.On hJs either discharged the (9Xa) No officer. employee. a agent of the state a wrongful
common liability by payment or agreed.white the action of any of its subdivisions shall be heid personalty sable be forever
barred nt
ur
is pending against him.to discharge the camrnon habil• in tort or named as a party defendant in any action for s by filing
rty any injury or damage suffered as a result of any act, ,ton within 4 years all.
(b) For purposes of this section.the requirements of event. or omission of action in the scope of his empty s an action la ConlriC,
notice to the agency and denial of the claim pursuant to merit or junction. unless such officer, employee, a 7 tie limitations prov i
paragraph (a) are conditions precedent to maintaining agent acted in bad 1aith or with malicious purpose o n `damages arising fr.:-
an action but shall not be deemed to be elements of the a manner exhibiting wanton and willful disregard of iComrmenced within tr.
cause of action and shalt not affect the date on which human rights,safety,or property However.such officer, s.95.11(4).
the cause of action accrues. employee,or agent shall be considered an adverse wit- ; (13) No action ma.
(C) The clamant shalt also provide to the agency the ness in a tort action for any injury ordamage suffered . any of its agencies
claimant-s date and place of birth and social security as a result of any act,event,or omission of action in the .. unlawfully partiurate:
number if the claimant is an individual,or a federal ideal- scope of his employment or function.The exclusive rem �' k demonstration,rile
fication number if the claimant is not an individual. The edy for injury or damage suffered as a result of an act. he claim arises out of
claimant shall also state the case style, tribunal, the event, or omission of an officer, errptoyee, or agent d k demonstration. inc
nature and amount of all adjudicated penalties, fines, the state or any of its subdivisions or constitutional d6' ''aklothing in this acme_
fees. victim restitution fund, and other judgments in cars shall be by action against the governmental entity. Mp�'inXa)g 0 he state e-
excess of S200. whether imposed by a civil,criminal,or a the head of such entity n his official capacity,or the we authorizedst t be a-
administrative tribunal, owed by the claimant to the constitutional officer of which the officer. employee,
state,its agency.officer a subdivision.If there exists no agent is an employee,unless such act or omission was &gement progras,orprior adjudicated unpaid claim in excess of S200. the committed in bad faith or with rna`icious purpose a in whatever coveraget'
claimant shall so stale. a manner exhibiting wanton and willful disregard of Oanbination thereof.
•
(d) For purposes of this section,complete,accurate, human rights,safety,or property.The state or its sub ;men(, and claims big:
and limey compliance with the requirements of pars- visions shall not be liable in tort for the acts or omissan pursuant to his sect
graph(c)shall occur prior to settlement payment,dose. of an officer,employee.or agent committed*tie Elba •sheriffs,that are subje_
of discovery or commencement of trial, whichever is outside the course and scope of his employment a CCM chase insurance On'sooner; provided the ability to plead setoff is not pre- milted in bad faith or with malicious purpose or in a mar. • fpsu rers to provide c••eluded by the delay.This setoff shall apply only against ner exhibiting wanton and willful disregard of human. claims, e•
that part of the settlement or judgment payable to the rights,safety,or property
claimant, minus claimant's reasonable attomey's fees (b) As used in this subsection,the term: •(b) The claims files
and costs.Incomplete or inaccurate disclosure of unpaid 1. 'Employee includes any vdunteer firefighter. dent program adntin,s
t'includes,but is not '''S,1rld its subdivisions a
adjudicated claims due the stale,its agency,officer,or 2 'Officer,employee,or age" s, a Wank_ s•I'd its on of such dera
subdivision.may be excused by the court upon a show- united to.any public defender a his employeeOr der K laid and such
odor
ing by the preponderance of the evidence of the claim- including, among others. an assistant public administration anion of w�
tia
ant's tick of knowledge of an adjudicated dawn and tea and an investigator. d the waiver of sovereign irtvfxln�y ' fling its duties and res.
sonable-inquiry by.a on behalf of.the claimant to obtain (c) For purposes
records.Unless the appropri- only,a member of the Florida National Guard is not aft- j- a t from the C
atele information from al noticet within the scope of state employment when performsubject
to the agency had actual of the intimation required �
to be disclosed by paragraph(c)in time to assert a set- ing duty under the previsions of Title 10 a Title 32 d ! ' CCt• in accordance w'
(c) The proceeds-
oft,an unexcused failure to disclose shall,upon hearing United States Code a other applicable federal lam y fls(c management .r
and order of court.cause the claimant to be kabte for neither the state nor arty individual may named
..inalle1!..--
risk m es.a its MAXr
double the original undisclosed judgment and.upon fur- action under this chapterarising perfonro nc kenation of claims f.
ther motion, the court shall enter judgment for the of such federal duty. a vendors, Or >�d Qum or cla ref.
agency in that amount.The failure of the Department of (10Xa) Health care providers
Insurance or the appropriate agency to make anal dspo• their employees or agents. that have con� t`
sition of a claim within 6 months after it is fled shall be agreed to act as agents ft Department sof0 d 0' of S. not be
sr
deemed a final denial d the claim for purposes d this lions to provide d
section.For purposes of this subsection.in medical mat- state correctional system shall be considered age `to public under the
practice actions,the faiure of the Department of hsur- the State of Florida.Department of Corrections.br_ r bcemptions are subje:
of this section.whie acting within the tloaPa IQ Review Act in ace:
ance or the within
9 days
agency tois make final a deemedon
purposes to established in 17a► s. 'id) The dahlia hies
off a claim within fi0 days after ii is tiled ttinai be deemed d and pursuant guidelines for M ettty be exempt Iron s
a final denial of the claim.The provisions of this subset' tract a by rub. The contracts shalt provide
1300 .
4 . .
•
5.r :Y 7; :, 3:.. t:`� S , ir.�fi$' Sr 4-' . 4, .:� - qy l - :
,. vent' f.'. jc,`--.d..�{ 1�r!` ,'I: ° .. - .' ,A� •!'.egg , k r
• ._i • a y .x ,r.`. ,.. ; Ft
Ttir r✓'• , �.;:;; a t V iFat �, M4 .vp. we� E. C ty-; ^ a"A -r..- .t ' ." .
.
•
y Aix r° .,'3 t.. .�
F.S. fs, 1991 NEGLIGENCE _ Ch. 76$
may be asserted b odemnrficatron of the slate by the agent for any liabilities litigation and settlement of all claims arising out of the
ocurred up to the limits set out in this chapter same incident
to this section.pct. (b) This subsection shall not be construed as desig• (15) This section as amended by ch 81-317 Laws .
of the agency co,.% tong per;4ns providing health care services to inmates of Florida shall acor nnly to causes of actions which
'endant municipy,h as employee;or agents of the state tor the purposes of _accrue on or ally October 1 1981
con the Departmentsupter 440 (16) No proves c-of this section or of an/ othr,• s"::
or the agency con (11) Laws allowing the stale or its agencies or Subdi• lion of the Florida Statutes. whether read separate y or
,cr,to plead thereto ,nror+S to tarry insurance are still in force and effect and in ConlunCtion *ern any other provision. shall be con
nand.receive,or col we riot restricted in any way by the terms of this act strued to wave the immunity of the state or any of its
,xc.ess of 25 percery (12).Every claim against the stale or one of its ages• agencies from suit n federal court. as such immunity is
pes or subdivisions for damages for a negligent or guaranteed by the Eleventh Amendment to the Consti
;gent of the state ra wrongful act or omission pursuant to this section shall tution of the Unite:Slates. unless such waiver is mho
etd personalty habit the forever barred unless the civil action is commenced rtty and definitely slated to be a waiver of the immunity
ant in any action kg lily filing a complaint in the court of appropriate )urisdic- of the state and its agencies from suit :n.!ederal court
a result of any ate tort within 4 years after such claim accrues,except that This subsection sa'a:l not be construed to mean that the PI
of his employ. inaction for Contribution must be commenced within state has at any time previously waived. by implrcat.on.
Iicer. employee, or the limitations provided in s. 768 31(4),and an action for its immunity. or Ira: of any of its agencies, from suit in
,goes purpose or in damages arising from medical malpractice must be federal court through any statute in existence prior to
willful disregard d commenced within the limitations for such an action in • June 24, 1964.
owever,such officer, s.95.11(4). M•1ary.-. •c 71)')I I ct+ 74.235.1s 1.2.3.a+77.6•5 a• 741a
13 No action maythe state or r 1 `cr. �25J c 20�625a o, gam.• I Cl• tta271 n 12.cr+ Si.317 r I cr, _
ered an adverse wit ( ) be brought againsta• ..4 1. 2.• 1.0 es-29.4 1 a, 64-735.4 41.0+ is.tq.4 1 0'
or damage suffered airy of its agencies or subdivisions by anyone who b 1N.• i w.V-r3‘ r 2 a 6e-173.as SS.st.cn ats-m I tQ.a, a9-]e0
ssion of action in U ,nlaw1ully participates in a riot,unlawful assembly,pub- . $ a'ct' 'St' 1 Cl' s''xa -
i.The exclusive resat is demonstration,mob violence,or civil disobedience if •68.30 Dates s. 768.23 takes effect.—Sect'•
rs a result of an act, he claim arises out of such riot,unlawful assembly,pub- 7•: ••- shall lake effect on July 1, 1974,for the execu e -
'ployee, or agent d lc demonstration, mob violence, or civil disobedience. depa -nts of the state and on January 1, 1975. all
or constitutional oft- fiothing in this act shall abridge traditional immunities other . rc,•es and subdivisions of the state, a shall _
governmental entity. pertaining to statements made in court. apply• o incidents occurring on or alter tho dates.
cal capacity,or the (14Xa) The state and its agencies and subdivisions ,e,aa,lr.-•• -.73-a111 a,u 74-235 `
officer, employee,a we authorized to be sell-insured,to enter into risk man-
act or omission was ' ement programs,or to purchase liability insurance for 768.31 • nbution among tortfeaso
l;cious purpose or in whatever coverage they may choose, or to have any (1) SHORT .—This act shall •- ted as the
willful disregard of combination thereof, in anticipation of any claim, judg- 'Uniform Contrib. on Among Tortfeasor Act'
he state or its sub rent, and claims bill which they may be liable to pay (2) RIGHT TO • RIBUTION.—
ihe acts r omission' pursuant to this section. Agencies or subdivisions, and (a) Except as o -rwise provide• this act, when i
o n
mmitted while acting sheriffs,that are subject to homogeneous risks may pur- two or more persons -come jointly • severally liable in
employment or coos chase insurance jointly or may join together as self- tort for the same inju o person • property,or for the
purpose or in a rtw} usurers to provide other means of protection against same wrongful death, ere.is = ight of contribution I
of human bit claims,arty charter provisions or laws to the contrary among them even thoug •g t has not been recov alc-
disregarda-
-= epiwithstandiing. ered against all or any of -
the term: (b) The claims files maintained by any risk manage (b) The right of contri• exists only in favor of a =
4unteer firefighter. rent program administered by the state, its agencies,. tortfeasor who has paid • - an his pro rata share of
t'includes.but is not and its subdivisions and discussions pertinent to the the corms n lability.and t• -I recovery is lusted to
s employee or agent, evaluation of such claims files shall be considered privi• the amount paid by him' exce . of his pro rata share. ,
tant public defender bged and confidential and shall be only for use by the No tortfeasor is come d to ma.- contribution beyond
administration of such risk management program in NI- his own pro rata shay- of the enti liability. -
2f sovereignimmt a ly Ring its dallies and responsillities.Such claims files are (c) There is no •, t of con •• •• n favor of any
nal Guard not act- exempt from the provisions of s. 119.07(1).This exemp• tortfeasor who -- tentionafy (wi fly or wantonly)
yment when perform fon is subject to the Open Government Sunset Review caused or con • ed to the injury or ongful death. >t
le 10 or Title 32 of the Act in accordance with s. 119.14. (d) A tort!-:-- who enters into a _ lament with a a
able federal taw;and (c) The proceedings,and the minutes thereof,of any claimant is • entitled to recover -• bution from
maybe named in anti RSk management program administered by the state,its another Icel.,--• whose utility for the icy-. or wrong- _r
rom the performance agencies,or its subdivisions, which relate solely to the tuf death is •t extinguished by the set•. -nt or in
valuation of claims Bled with such a risk management respect to y amount paid in a settlement •ich is in ate
r vendors. or any d or which relate solely to offers d compromise excess d was reasonable.
have contractually claims filed wi h such a risk management program. (e) •lity insurer who by payment dis• nc
•
epartrnenl of Correa shall not be subject to inspection under the provisions char•-• tut or in part the tabi6ity of a!settee-• and °n
es to inmates of the s. 119.07(1) nor'hail such proceedings be open to has r eby discharged in full its obrigafion as' • • is' 'te
considered agents el he public under the provisions•of s. 286.0.11. These sub • .ated to the lortfeasor's right of contribution to - •e
(corrections.for the tions are subject to the Open Government Sun- = t d the amount I has paid in excess of the t• -
t' within the scope t Review Act in accordance with s. 119.14. • - pro rata share d the common liability.This • •
aiyished in said coil (d) The claims files and minutes of proceedings shall s' does not im't or impair any night of subrogation ad
that! provide for the be exempt from s. 119.07(1)unto termination of an ' • from any other relationship.
I.
1301
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