The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1012
PERSONNEL

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F.S. 1012.26

1012.26 Legal services for employees; reimbursement for judgments in civil actions.—Each district school board may provide legal services for officers and employees of the school board who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities. The district school board shall provide for reimbursement of reasonable expenses for legal services for officers and employees of school boards who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities upon successful defense by the employee or officer. However, in any case in which the officer or employee pleads guilty or nolo contendere or is found guilty of any such action, the officer or employee shall reimburse the district school board for any legal services which the school board may have supplied pursuant to this section. A district school board may also reimburse an officer or employee of the school board for any judgment which may be entered against him or her in a civil action arising out of and in the course of the performance of his or her assigned duties and responsibilities. Each expenditure by a district school board for legal defense of an officer or employee, or for reimbursement pursuant to this section, shall be made at a public meeting with notice pursuant to s. 120.525(1). The provision of such legal services or reimbursement under the conditions described above is declared to be a district school purpose for which district school funds may be expended.

History.—s. 701, ch. 2002-387.

F.S. 1012.26 on Google Scholar

F.S. 1012.26 on Casetext

Amendments to 1012.26

Arrestable Offenses / Crimes under Fla. Stat. 1012.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1012.26.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SILVER, v. DUVAL COUNTY SCHOOL BOARD,, 92 So. 3d 237 (Fla. Dist. Ct. App. 2012)

. . . First, section 1012.26, Florida Statutes, by its terms, does not require a school district to reimburse . . . holding that an employment termination proceeding is neither a civil nor criminal action under section 1012.26 . . . Silver’s entitlement to reimbursement of her legal expenses under section 1012.26 ultimately will turn . . . of the School Board insofar as it denied her motion for reimbursement of legal fees, citing section 1012.26 . . . School Board, on January 25, 2011, a motion for reimbursement of legal expenses pursuant to section 1012.26 . . . Silver’s legal expenses pursuant to section 1012.26 because the “legal fees were incurred in an administrative . . . Silver is entitled to reimbursement “of reasonable expenses for legal services” pursuant to section 1012.26 . . .

WEBB L. v. SCHOOL BOARD OF ESCAMBIA COUNTY,, 1 So. 3d 1189 (Fla. Dist. Ct. App. 2009)

. . . The appellant asserted a statutory claim for fees pursuant to section 1012.26, Florida Statutes (2007 . . . In response, the appellee filed a motion to dismiss, arguing that section 1012.26 eliminated the common . . . In pertinent part, section 1012.26 states that: Each district school board may provide legal services . . . The language of section 1012.26 specifically gives the appellee the authority to consider any school . . .