111.071
Payment of judgments or settlements against certain public officers or employees.
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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 Fund is authorized to expend available funds to pay:
(a) Any 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 action of any officer, employee, or agent in a civil or civil rights lawsuit described in s. 111.07. If the civil action arises under s. 768.28 as a tort claim, the limitations and provisions of s. 768.28 governing payment shall apply. 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 the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally.
(b) Any compromise or settlement of any claim or litigation as described in paragraph (a), subject to the limitations set forth in that paragraph.
(c) Any reimbursement required under s. 111.07 for court costs and reasonable attorney’s fees when the county, municipality, political subdivision, or agency of the state has failed to provide an attorney and the defendant prevails.
(2) For purposes of this section, a “final judgment” means a judgment upon completion of any appellate proceedings.
(3) “Agency of the state” or “state agency,” as used in this section, includes an executive department, a constitutional officer, the Legislature, and the judicial branch.
(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.
History.—s. 2, ch. 79-139; ss. 2, 3, ch. 80-271.
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 1981–2025 · leading case: Patsy v. Board of Regents of Fla.
Patsy v. Board of Regents of Fla. (1982)
“State, supra (Board of Regents retains defense of sovereign immunity); Fla. Stat. § 111.071 (1)(b)(4) (1981) (provision for payment by the State of civil rights judgments against state officers including judgments under 42 U.”
Meeker v. Addison (1984)
“As noted by this Court in its ORDER of December 30, 1983, at 7 n.”
Shinholster v. Graham (1981)
“” Neither the Marrapese decision nor Section 111.071, Florida Statutes, have previously been addressed by this court.”
LaMarca v. Turner (1987)
“Section 111.071, Florida Statutes (1983) provides as follows: 111.”
Charlotte I. Gamble, Etc., Etc. v. The Florida Department of Health and Rehabilitative Services (1986)
“Fla.Stat.Ann. § 111.071 (West 1982). Subsection (l)(a) is the functional equivalent of § 284.”
Ostroff v. State of Fla., Dept. of Health (1983)
“Furthermore, in a related provision autho *356 rizing governmental payment of judgments against public employees, the Florida Legislature has expressly drawn a distinction, in the maximum damages payable for satisfaction of a judgment, between tort actions arising under § 768.”
Scott Ray Zabriskie v. Court Administration (2006)
“See Fla. Stat. Ann. § 111.071 (3). Florida law also indicates that the court administration of a circuit court — and its employees — are part of the “state courts system.”
Miguel A. Figueroa-Rodriguez v. Jorge L. Aquino, Etc. (1988)
“127, § 63b4 (1985) (insurance scheme); Ind.Code Ann. §§ 34-4-16.5-1 — 34-4.”
City of Miramar v. Donald Spadaro and Anthony Caravella (2024)
“§ 111.071(1)(a), Fla. Stat. (2014) (emphases added).”
Griffin v. City of Opa Locka (2004)
“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).”
Andrade v. Rambosk (2023)
“021 ) (Count IX); and Indemnification (State Law Claim under Fla. Stat. Ann. § 111.071 ) (Count X). Collier County’s Motion to Dismiss (Doc.”
Moore v. Williams (2024)
“Fla. Stat. § 111.071 (1) (emphasis added).”
— 111.071(1)(a) — 3 cases
Shinholster v. Graham (1981)
“” Neither the Marrapese decision nor Section 111.071, Florida Statutes, have previously been addressed by this court.”
City of Miramar v. Donald Spadaro and Anthony Caravella (2024)
“§ 111.071(1)(a), Fla. Stat. (2014) (emphases added).”
Griffin v. City of Opa Locka (2004)
“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).”
— 111.071(2) — 1 case
— 111.071(4) — 2 cases
Meeker v. Addison (1984)
“As noted by this Court in its ORDER of December 30, 1983, at 7 n.”
Shinholster v. Graham (1981)
“” Neither the Marrapese decision nor Section 111.071, Florida Statutes, have previously been addressed by this court.”
— 111.071(l)(a) — 3 cases
Meeker v. Addison (1984)
“As noted by this Court in its ORDER of December 30, 1983, at 7 n.”
Ostroff v. State of Fla., Dept. of Health (1983)
“Furthermore, in a related provision autho *356 rizing governmental payment of judgments against public employees, the Florida Legislature has expressly drawn a distinction, in the maximum damages payable for satisfaction of a judgment, between tort actions arising under § 768.”
LaMarca v. Turner (1987)
“Section 111.071, Florida Statutes (1983) provides as follows: 111.”
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