HomeMy WebLinkAboutR-20-00140FCity of Miami
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l ° R I° Resolution: R-20-0014
File Number: 7055
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE
BILL ("SB") 1302 AND ANY SIMILAR LEGISLATION THAT WILL INCREASE
THE STATUTORY LIMITS ON LIABILITY FOR TORT CLAIMS AGAINST
MUNICIPALITIES; REVISE WHEN A MUNICIPALITY MAY AGREE TO SETTLE
A CLAIM OR JUDGMENT WITHOUT FURTHER ACTION FROM THE
LEGISLATURE; OR REQUIRE CERTAIN FINAL JUDGMENT AMOUNTS TO BE
PAID WITHOUT FURTHER ACTION BY THE LEGISLATURE; FURTHER
URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE
FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION; DIRECTING THE
CITY MANAGER TO INCLUDE OPPOSITION TO SB 1302 AS ONE OF THE
CITY'S 2020 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS
NAMED HEREIN.
WHEREAS, on December 19, 2019, Senator Anitere Flores filed Senate Bill ("SB") 1302
relating to sovereign immunity to increase the statutory limits on liability for tort claims against
municipalities; and
WHEREAS, among other things, SB 1302 will amend the statutory cap on the amount of
damages a municipality may be liable to pay in tort claims; and
WHEREAS, Section 768.28(5), Florida Statues, presently provides that neither the state
nor its agencies or subdivisions, including municipalities, shall be liable to pay a claim or a
judgment by any one person which exceeds the sum of $200,000.00 or any claim or judgment,
or portions thereof, which, when totaled with all other claims or judgments paid by the state or
its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum
$300,000.00; and
WHEREAS, SB 1302 will increase the statutory cap for municipal tort liability to
$1,000,000.00 per claim; and
WHEREAS, SB 1302 will impose new liabilities on municipalities that will require them to
pay a final judgment amount for compensatory damages for claims in which an officer,
employee, or agent of the municipality, in the scope of her or his employment or function,
committed the act in bad faith, with malicious purpose, or in a manner exhibiting wanton and
willful disregard of human rights, safety, or property; and
WHEREAS, SB 1302 poses grave financial concerns to the economic viability of
municipalities that could face paying enormous tort judgments; and
WHEREAS, it is contrary to the best interests and welfare of the residents of the City of
Miami to allow the Florida Legislature to so dramatically increase the statutory cap of municipal
liabilities; and
City of Miami Page 1 of 2 File ID: 7055 (Revision:) Printed On: 212012020
File ID: 7055
Enactment Number: R-20-0014
WHEREAS, the City Commission urges the Florida Legislature to vote against any
legislation that would increase the statutory limits on liability for tort claims against
municipalities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in this Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby opposes SB 1302 and any similar legislation
that will increase the statutory limits on liability for tort claims against municipalities; revise when
municipalities may agree to settle a claim or judgment without further action from the Florida
Legislature; or require certain final judgment amounts to be paid without further action by the
Florida Legislature.
Section 3. The City Manager is hereby directed to include opposition to SB 1302 as one
of the City's 2020 Legislative Priorities.
Section 4. The City Clerk is directed to transmit a certified copy of this Resolution to
Governor Ron DeSantis; President of the Senate Bill Galvano; Speaker Jose R. Oliva; Senator
Anitere Flores, Sponsor of SB 1302; and the members of the Miami -Dade County Legislative
Delegation.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, C ity Attor iey 1/13/2020
City of Miami Page 2 of 2 File ID: 7055 (Revision:) Printed on: 2/20/2020