Florida/Georgia Personal Injury & Workers Compensation

...§ 1988 runs to the officer individually and not to the state). Thus, § 111.07 merely reflects a scheme of defending and reimbursing state officers which is consistent with current jurisprudence under § 1983 and the Eleventh Amendment. Our analysis is similar with respect to § 111.071 which provides for state payment of damage judgments against public officers whose agencies are not included within the insurance risk management trust fund scheme set out in Chapter 284. Section 111.071 provides in relevant part: (1) Any county, municipality, political subdivision, or agency of the state which has been excluded from participation in the Insurance Risk Management Trust Fund is authorized to expend available funds to p...

...employee, or agent has been determined in the final judgment to have caused the harm intentionally.... (4) This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. Fla.Stat.Ann. § 111.071 (West 1982)....

...the Florida Legislature has expressly drawn a distinction, in the maximum damages payable for satisfaction of a judgment, between tort actions arising under § 768.28 and civil rights actions arising under federal statutes such as 42 U.S.C. § 1983. § 111.071(1)(a), Fla.Stat....

...80-2258-Civ-SMA (S.D.Fla. Jan. 21, 1981), held after extensive analysis that Section 768.28, Florida Statutes, when considered in light of the recent decision in Marrapese v. Rhode Island, 500 F.Supp. 1207 (D.R.I.1980), as well as when read in pari materia with Section 111.071(1)(a), Florida Statutes, constitutes a waiver of the Eleventh Amendment immunity by the State of Florida....

...The United States District Court of Rhode Island in Marrapese, after extensive constitutional analysis, found that the Rhode Island statute waiving immunity for tort liability constituted a consent to suit for "constitutional torts." Neither the Marrapese decision nor Section 111.071, Florida Statutes, have previously been addressed by this court....

...er and also in order to provide representation for individual employees, officers, or agents of the State of Florida in defense of federal civil rights cases instituted against them, the Florida Legislature in 1979 amended Section 111.07 and created Section 111.071....

...r agents, and fails to provide such an attorney, then said agency, county, municipality, or political subdivision shall reimburse any such defendant who prevails in the action for court costs and reasonable attorney's fees. (Emphasis in text added.) Section 111.071, Florida Statutes (Supp....

...have caused the harm intentionally. . . . . . (4) This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. (Emphasis in text added.) Clearly, on their face, Sections 111.07 and 111.071 substantiate the conclusion that neither Section 768.28 by itself, or coupled with Chapter 284, should be construed as a waiver of Eleventh Amendment immunity by the State of Florida. Additionally, the legislative histories of Sections 111.07 and 111.071 also support this conclusion: (1) S....

...111.07, F.S., is broadened to allow the State or its subdivision to defend an employee in any civil action arising out of the scope of employment. Defense of such civil actions shall include but not be limited to civil rights lawsuits. The Department of Legal Affairs may provide such legal representation. (2) S. 111.071, F.S., is created to authorize a political subdivision of the State or a State agency excluded from participating in the Insurance Risk Management Trust Fund to pay final personal judgments against employees in civil or civil rights lawsuits....

...The draft does not contain this exception, however. 2. The amendment further provides authorization for local governments as well as the state to provide a defense for [section] 1983 and other civil actions. . . . . . This section creates a new statute [Section 111.071] authorizing local governments and certain state agencies to pay both tort and [Section] 1983 judgments against their officers and employees, subject to certain exceptions....

...the Florida legislature considers federal civil rights suits as civil actions separate from those civil tort suits which come under the ambit of the waiver of sovereign immunity in Section 768.28. Indeed, the clear and *1338 unambiguous language of Section 111.071(4) affirmatively evinces the intent of the State of Florida not to have the statute construed as a waiver of sovereign or any other available immunity....

...ount of a judgment against an employee of the State in "civil rights actions arising under 42 U.S.C. § 1983, or under similar federal statutes ... unless the officer, employee, or agent has been determined ... to have caused the harm intentionally" Section 111.071(1)(a), Florida Statutes (1983) [63] ....

...[62] The Eleventh Amendment provides: The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state or by citizens or subjects of any foreign state. U.S. Const. amend. XI. [63] Section 111.071, Florida Statutes (1983) provides as follows: 111.071 Payment of judgments or settlements against certain public officers or employees (1) Any county, municipality, political subdivision, or agency of the state which has been excluded from participation in the Insurance Risk Management Trust Fun...

...651, 663, 94 S.Ct. 1347, 1356, 39 L.Ed.2d 66 (1974). This Court has previously held, in Brooks v. Parker, No. 80-2258-Civ-SMA (S.D.Fla. Jan. 21, 1981) (adopting the Report and Recommendation of Magistrate Peter R. Palermo), that the language of Fla.Stat. § 111.071(1)(a), which had not as yet been codified, "clearly indicates that the [Florida] Legislature intended to waive the State's sovereign immunity" in actions brought under § 1983....

...employees," and had been worded so as to reflect its focus on tort claims. [2] The changes in the statute broaden its reach to include Federal Constitutional actions. This is especially significant when construed in conjunction with Florida Statute § 111.071(1)(a), which provides that a state agency, where not insurable under the Insurance Risk Management Trust Fund, is authorized to spend its monies in order to satisfy "[a]ny final judgment, including damages, costs, and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of any officer, employee or agent in a civil or civil rights lawsuit described in § 111.07 ..." (Emphasis supplied). Section 111.071(1)(a) goes *220 on to differentiate between the liability limit for tort actions, which is governed by Florida Statute § 768.28, and civil rights suits brought under 42 U.S.C....

...sections explicitly refer to the type of action at issue in the case at bar; they provide for legal representation of agents and employees of the state and for payment of damages out of government funds if such becomes necessary. Sections 111.07 and 111.071(1)(a) of the Florida Statutes thus express a waiver by the state of its sovereign immunity in cases brought pursuant to federal civil rights statutes such as 42 U.S.C....

...1979) ("S. 111.07, F.S., is broadened to allow the state or its subdivision to defend an employee in any civil action arising out of the scope of employment. Defense of such civil actions shall include but not be limited to civil rights lawsuits... S. 111.071, F.S., is created to authorize a political subdivision of the State or a State agency ......

...aw' tort."). Since Cate v. Oldham, supra , was a suit for preliminary injunction, the insurance sections and liability limitation sections of the Florida statutes did not come into play. In the case at bar, however, Fla.Stat. §§ 284.31, 111.07 and 111.071 are of central importance because they provide for recovery of money damages in a suit against the state or its agencies or subdivisions. As noted in this Court's ORDER of December 30, 1983, Fla.Stat. § 111.071(1)(a) provides that an uninsured state agency may spend its own funds to satisfy "any final judgment, including damages ......

...Defendants ADDISON and FHP contend further that on the basis of Pennhurst State School & Hospital v. Halderman, ___ U.S. ___, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984), Florida has not waived its immunity because of the reserve clause found in Fla. Stat. § 111.071(4), which states: This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. As noted by this Court in its ORDER of December 30, 1983, at 7 n. 3, Fla.Stat. § 111.071(4), when read in pari materia with all of the relevant statutes, is a savings clause reserving any or all defenses still available to the State after waiver or consent or other concession has been given....

...at ___, 104 S.Ct. at 909 n. 12. It is readily apparent that the Pennsylvania statute is far more explicit, in terms of its references to both the Eleventh Amendment and to suits in Federal courts, than the Florida savings clause found in Fla. Stat. § 111.071(4)....

...unless such officer or employee acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property." Florida Statute § 111.07 was subsequently amended, as discussed above, to explicitly include federal constitutional torts. [3] Section 111.071(4) states: "This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits." However, when all of the relevant statutes are read in pari materia, it is clear that § 111.071(4) is a savings clause reserving any or all defenses still available to the State after waiver or consent or other concession has been given....

...t him became an asset of the bankruptcy estate. The bankruptcy trustee, Soneet R. Kapila, joined Griffin in looking to the City for payment of the judgment, filing suit in state circuit court to compel the City to pay the civil rights judgment under Section 111.071(1)(a), Florida Statutes (2003). The trial court granted the City's motion for summary judgment and for final judgment. Griffin and Kapila appealed. Section 111.071(1)(a), Florida Statutes (2003), provides: "If the action is a civil rights action arising under 42 U.S.C....

...o sue and be sued." Further, compromises are favored where the public body has the power to contract and incur the debt, and a genuine dispute exists as to the amount of the debt; that is, the right to compromise arises from the right to contract. 8 Section 111.071 , Florida Statutes, authorizes certain political subdivisions of the state, which would appear to include mosquito control districts, 9 to expend available funds to pay "[a]ny compromise or settlement of any claim or litigation as des...

...fficer, employee, or agent has been determined in the final judgment to have caused the harm intentionally." Thus, the Florida Keys Mosquito Control District may be statutorily authorized to compromise or settle a claim or litigation as set forth in section 111.071 , Florida Statutes. 10 Accordingly, in light of the powers granted to the Florida Keys Mosquito Control District pursuant to section 111.071 , Florida Statutes, Chapter 388 , Florida Statutes, and Chapter 2002-346 , Laws of Florida, it is my opinion that the district is authorized to reduce or compromise a lien for moneys owed to the district....

...districts, special road and bridge districts, bridge districts, and all other districts in this state." 10 Cf., Op. Att'y Gen. Fla. 91-51 (1991) (Manatee County authorized to pay settlements of claims against tax collector which come within scope of s. 111.071 (1)(a), Fla....

...rs, whom a jury had found liable for intentionally violating the ward’s constitutional rights. The city primarily argues the circuit court was prohibited from ordering the city to pay the federal court judgment against the two officers because section 111.071(1)(a), Florida Statutes (2014), prohibits a municipality from paying a 42 U.S.C....

...and writ of mandamus ordered the city to pay the federal court judgment against the two officers. This appeal followed. The city primarily argues the circuit court was prohibited from ordering the city to pay the federal court judgment against the two officers because section 111.071(1)(a), Florida Statutes (2014), prohibits a municipality from paying a 42 U.S.C....

...egal right to the city’s payment of the federal court judgment against the two officers, nor did the guardian show the city had an indisputable legal duty to pay the federal court judgment against the two officers. On the contrary, the city showed section 111.071(1)(a), Florida Statutes (2014), clearly prohibited the city from paying, and thus prohibited the circuit court from ordering the city to pay, the federal court judgment against the two officers. Section 111.071(1)(a), Florida Statutes (2014), pertinently provides: (1) Any county, municipality, political subdivision, or agency of the state which has been excluded from participation in the Insurance Risk Management Trust Fun...

...… If the action is a civil rights action arising under 42 U.S.C. s. 1983, or similar federal statutes, payments for the full amount of judgment may be made, unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally. § 111.071(1)(a), Fla....

...for liability to attach. Because the jury found the officers liable on all three constitutional rights claims, the jury necessarily found the officers to have 7 “caused the harm intentionally” to the ward. § 111.071(1)(a), Fla. Stat. (2014) (emphases added). In turn, because the officers were found to have “caused the harm intentionally” to the ward, section 111.071(1)(a) prohibited the city from paying, and thus prohibited the circuit court from ordering the city to pay, the 42 U.S.C....

...ivil rights trial determined that [the city employee] raped [the victim]—an act which is per se intentional and harmful—then the final judgment made such a determination of intentional harm which satisfies the language of section 111.071(1)(a)....

...funds for intentional, harmful conduct by city officials, employees and agents. Id. (emphases added). Here, the circuit court, in its final judgment denying the city’s summary judgment motion and granting the guardian’s summary judgment motion, incorrectly held section 111.071(1)(a) “would not” prevent the city from paying the 42 U.S.C....

against the county not authorized by law. Section 111.071, F.S., provides in part as follows: (1) Any