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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00
Snippet: against the Foottits' claims under section 768.28(9)(d), Florida Statutes (2022). In support of its …parties to this appeal recognize, is section 768.28(9)(d), which provides: The employing agency …section 7 768.28(9)(d)1 sets a high bar of recklessness to waive sovereign… As to the second requirement under section 768.28(9)(d)2, the record demonstrates an equally apparent
Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-30T00:00:00-07:00
Snippet: barred by sovereign immunity under section 768.28(9)(a), Florida Statutes (2020). Buchanan responded…failed as a matter of law because under section 768.28(9)(a), the County is not liable in negligence for
Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-05T00:00:00-07:00
Snippet: federal law; . . . (ii) immunity under section 768.28(9), Florida Statutes; or (iii) . . . sovereign immunity
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00
Snippet: unless a hearing is requested pursuant to Section 11A-28(9).”). 2
Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00
Snippet: unconstitutional); Saul v. Brunetti, 753 So. 2d 26, 28–9 (Fla. 2000) (reaching the same conclusion with respect
Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-29T00:00:00-07:00
Snippet: exceptions to the employee immunity statute[, § 768.28(9)(a).]” Kist v. Hubbard, 93 So. 3d 1100, 1101 (Fla…(Fla. 5th DCA 2012). Section 768.28(9)(a), Florida Statutes (2023), provides as follows: …human rights [or] safety,’ as used in section 768.28(9)(a), has been interpreted as ‘conduct much more
Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00
Snippet: intent behind the 1980 amendments [to section 768.28(9)(a)] was to extend the veil of sovereign immunity
Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00
Snippet: entitled to sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes. The lower court denied the…asserts entitlement to immunity under section 768.28(9). This Court can therefore review the denial of
Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00
Snippet: emphasis added). A corollary provision, section 768.28(9)(a), Florida Statutes, further clarifies:
Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00
Snippet: emphasis added). A corollary provision, section 768.28(9)(a), Florida Statutes, further clarifies:
Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00
Snippet: contain an allegation of such notice.”) See also § 768.28(9)(a), Fla. Stat. (2022) (providing in part: “An
Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00
Snippet: sovereignly immune from suit under section 768.28(9)(a), 1 Florida Statutes (2022), because the bus …safety, thus rendering the County 1 Section 768.28(9)(a), Florida Statutes (2022), provides in pertinent…asserts entitlement to immunity under section 768.28(9), Florida Statutes”), and upon our de novo review…disregard of human rights [or] safety” under section 768.28(9)(a) as “‘conduct much more reprehensible and unacceptable
Court: Fla. | Date Filed: 2023-12-21T00:00:00-08:00
Snippet: Florida (1969). 52 See OPPAGA Report, supra note 28, at 9. 53 See OPPAGA Report, supra note 28; 1991 House
Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00
Snippet: employee’s office or employment”); see also § 768.28(9), Fla. Stat.; City of Winter Park v. Veigle, 367
Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00
Snippet: summary judgment claiming immunity under section 768.28(9)(a), Florida Statutes (2018). In case number 4D2023… denying the claim of immunity under section 768.28(9). Fla. R. App. P. 9.130(a)(3)(F)(ii). We have certiorari…2d DCA 1997). Immunity Under Section 768.28(9)(a), Florida Statutes Defendants contend that…their function as Board members under section 768.28(9)(a), Florida Statutes (2018), which provides: …disregard of human rights, safety, or property. § 768.28(9)(a), Fla. Stat. (2018). This immunity extends to
Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00
Snippet: summary judgment claiming immunity under section 768.28(9)(a), Florida Statutes (2018). In case number 4D2023… denying the claim of immunity under section 768.28(9). Fla. R. App. P. 9.130(a)(3)(F)(ii). We have certiorari…2d DCA 1997). Immunity Under Section 768.28(9)(a), Florida Statutes Defendants contend that…their function as Board members under section 768.28(9)(a), Florida Statutes (2018), which provides: …disregard of human rights, safety, or property. § 768.28(9)(a), Fla. Stat. (2018). This immunity extends to
Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-25T00:00:00-07:00
Snippet: a claim of individual immunity under section 768.28(9)(a), Florida Statutes, [should] await the entry …from being named as a defendant under section 768.28(9)(a) are not subject to interlocutory review, that… individual immunity from suit under section 768.28(9)(a) should be appealable as a non-final order.” … individual immunity from suit under section 768.28(9)(a) should be appealable as a non-final order under
Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-16T00:00:00-07:00
Snippet: 5 an agent of FDOT, and pursuant to sections 768.28(9)(a) 2 and (10)(e), Florida Statutes, HNTB is entitled…because HNTB’s knowledge of the repeated 2 768.28(9)(a) provides, An officer, employee, or agent…is entitled to immunity pursuant to sections 768.28(9)(a) and (10) is a pure question of law subject to…corridor. As a state agency, pursuant to section 768.28(9)(a), HNTB is immune from suit unless it committed…Fla. 4th DCA 2022) (concluding that section 768.28(9) did not apply to the corporation, but rather to
Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-30T00:00:00-07:00
Snippet: human rights, safety, or property. § 768.28(9)(a), Fla. Stat (2019). Therefore, “[i]n any…the employee, not from the State”). Section 768.28(9)(a) provides “both an immunity from liability and…sovereign immunity from Plaintiff’s suit. See § 768.28(9)(a), Fla. Stat.; Willingham, 929 So. 2d at 48.
Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-31T00:00:00-07:00
Snippet: of human rights, safety, or property. § 768.28(9), Fla. Stat. (emphasis added). This court…the course and scope requirement of section 768.28(9), the City argues that, since the accident …course and scope of her or his employment.” § 768.28(9), Fla. Stat. The City supports the assertion of…sovereign immunity under sections 768.28(1) and 768.28(9). Robinson failed to establish, at a minimum, an