Florida Statute 284.38 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 284
STATE RISK MANAGEMENT AND SAFETY PROGRAMS

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F.S. 284.38

284.38 Waiver of sovereign immunity; effect.—The insurance programs developed herein shall provide limits as established by the provisions of s. 768.28 if a tort claim. The limits provided in s. 768.28 shall not apply to a civil rights action arising under 42 U.S.C. s. 1983 or similar federal statute. Payment of a pending or future claim or judgment arising under any of said statutes may be made upon this act becoming a law, unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally; however, the fund is authorized to pay all other court-ordered attorney’s fees as provided under s. 284.31.

History.—s. 1, ch. 72-206; s. 8, ch. 79-139; s. 176, ch. 81-259.

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Amendments to 284.38

Annotations, Discussions, Cases:

Cases Citing Statute 284.38

Total Results: 7

Charlotte I. Gamble, Etc., Etc. v. The Florida Department of Health and Rehabilitative Services

779 F.2d 1509, 1986 U.S. App. LEXIS 21752

Court of Appeals for the Eleventh Circuit | Filed: Jan 14, 1986 | Docket: 561117

Cited 95 times | Published

as provided under s. 284.31. Fla.Stat.Ann. § 284.38 (emphasis added). This section carries forward

Shinholster v. Graham

527 F. Supp. 1318

District Court, N.D. Florida | Filed: Nov 30, 1981 | Docket: 2269584

Cited 10 times | Published

significant provision of Chapter 284, Part 2, is Section 284.38 which is entitled "Waiver of sovereign immunity;

Meeker v. Addison

586 F. Supp. 216

District Court, S.D. Florida | Filed: Jul 6, 1984 | Docket: 1505780

Cited 5 times | Published

Additionally, the Court notes that Florida Statute § 284.38, which is entitled "Waiver of sovereign immunity;

Clemons v. STATE RISK MANAGEMENT TRUST FUND

870 So. 2d 881, 2004 WL 502605

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 1330945

Cited 3 times | Published

Appellant "caused the harm intentionally." See § 284.38, Fla. Stat. (2002). Section 284.30, Florida Statutes

Ago

Florida Attorney General Reports | Filed: Jan 9, 1989 | Docket: 3256812

Published

30-284.42, F.S. 25 Supra at footnote 21. 26 Section 284.38, F.S.

Ago

Florida Attorney General Reports | Filed: Apr 28, 1988 | Docket: 3257833

Published

284.30-284.42, F.S. 22 Id. at footnote 15. 23 Section 284.38, F.S.

Leggett v. Badger

759 F.2d 1556

Court of Appeals for the Eleventh Circuit | Filed: May 13, 1985 | Docket: 66205792

Published

Further, the court held that under Fla.Stat. § 284.38, providing for the Florida Casualty Insurance