HomeMy WebLinkAboutR-78-0175RFC/ rb
3/ 7/ 78
RESOLUTION NO.! 7 8 1 7 5
A RESOLUTION STRONGLY URGING THE DEFEAT
OF THE PROPOSAL BEFORE THE FLORIDA CONSTI-
TUTIONAL REVISION COMMITTEE TO ELIMINATE
THE APPLICATION OF THE DOCTRINE Or i1UNICIPAL
SOVEREIGN IMMUNITY BECAUSE SUCH PROPOSAL IS
CONTRARY AND INIMICAL TO THE BEST INTERESTS OF
THE CITY OF MIAMI AND ITS CITIZENS,
WHEREAS, the Florida legislature recently responded
to the need to protect local units of government from inordinately
large verdict awards which are at times unrelated to the actual
damages suffered by an injured party; and
WHEREAS, present state statutes have addressed the
problem of allowing an injured plaintiff redress for an undeserved
wrong :and, at the cams time, such statutes now recognize that
city government must be protected from the overwhelming financial
burden of the ;aforesaid large verdicts; and
WHEREAS, the Florida Constitution and the Common Law
presently allow an effective means of balancing the interest of
an injured invididual
with the interest of an involved municipality
which performs vital services for members of the public and for
the common good; and
WHEREAS, the Florida Constitution Revision Commission
now proposes to abolish all forms of sovereign immunity, thereby
eliminating the legislative process which has remedied the problem
set forth above; and
"DOCUMENT AMEX
i T r; o j-2
WHEREAS, this problem of reconciling t le afa esai
fl
conflicting interests can best be resolved and constantly addressed
by the state legislature, according to the ever -changing needs of
society and should not be the subject of permanent and inflexible
provisions of a State constitution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
CITY COMMISSION 1
MEETING OF
MAR 9 1978
usnurras 1,7 5
•
Section 1. The defeat of the proposal before the
Florida Constitutional Revision Committee to eliminate the
application of the doctrine of municipal sovereign immunity
is hereby strongly urged because such proposal is contrary
and inimical to the best interests of the City of Miami and
its citizens.
PASSED AND ADOPTED this,Yth day of`Piarc_h_
1978.
ATTEST:
Mauri p A. I' rrc
MAURICE A. yFI RR E, MAYO R
_f ter/
RALP -CiT1' C'T.ERh:
PREPARE[) ANI) APPROVED BY:
;#1
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
API' AS TO FORM AND C RRE . ESS:
GE RGE F
KNOX, JR. , CITY ATTORNEY
78 175
tat
CM OP MAN, FORUM
INTER.OPPICE MEMORANDUM
MAYok MAURICE A. ?ERRE
VICAVOR MAN= RttOso
cOM4I88/ONER ROSE OokboN
COMMI8s/ONER (Rev.) T. R. =MN
ttlekER J. L. PLVMMER0JR
G oNat
City lerk
6Afl: April 20, 1978
PHA:
RtsotUttoN 78-1'75
teboetrifte of Moftioipal sovereign
Immunity.
ItkPithtNidte:
kliitIOSUtteS:
Enclosed please find replies from Senators George Firestone and
Ralph Poston pursuant to passage and transmittal of R 78-175
regarding the Doctrine of Municipal Sovereign Immunity,
RGO/sm
StNAt R GtORGE hIREStoNt
36tH biStRICt
2424 SGUtH 61XIt IiiGiiWAY
MIAMI, PLORWA i3133
RECEIVED
1411 3 0 AM 8
:le
City of Mizir,,:, ��....
March 28, 1578
Mr. Ralph Ongie
City Clerk
City Hall
3500 Ran American Drive
Miami, Florida 33133
Dear Mr. Ongie:
Thank you for a copy of resolution no. 78-175
regarding the Florida Constitutional Revision.
I appreciate your bringing the views of the City
of Miami to my attention.
StNAtOR RALPH R. POSTON
Htl btittict
THE FLORIDA SENATE
bisttiet SS A6dtiem
RECEIVE
7600 Red Rad, Suite 212
South Miatttii, id j 3&t4S f (� 8 s
805/665.6555 qt
March 28, 19i8 �t
icy of ,4,6-
Mr. Ralph G. Cngie
City Clerk
City of Miami
3500 Pan American Drive
Miami, Rlorida 33313
Dear Mr. Ongiet
iron Mitit ts:
tifdutivt t3ui�iit(t$.
Chaff/haft
AijPdBiLttdfi6, Sub A
tkilfiedttttioit
Thank you for sending the copy of the Resolution 78-175
regarding defeating the proposal to eliminate the Doctrine of
Municipal Sovereign Immunity.
It is my opinion that this measure should be defeated,
and you may be assured of my assistance.
RRP/sjb
LEW BRANTLEY SHERMAN S. WINN
Prt•. Arnt Pr,s.ill,nt rtrl TF: rnrp
1
Sincerely,
LP -et
eet.h._.
RalphiR. Poston
State Senator
38th District
JOE BROWN
Sr.{PJ+it*_.
$enO111111 AMU
JOHN D. MELTON