1976-05-11 BCC Meeting Minutes - Orange County Comptroller

Meeting May 11, 1976 Page 335
WHEREAS, action at law against the County or any of its agencies or
subdivisions for injury or loss of property, personal injury, or death caused
by the negligent or wrongful act or omission of any employee of the County
while acting within the scope of his employment or elected office under circumstances
in accordance with the general laws of this State may be
prosecuted, and
WHEREAS, the Board of County Commissioners of Orange County,
Florida, has sought, through the purchase of adequate insurance, to provide
for insurance coverage for all departments of the County, employees, agents,
and other authorized persons, acting for and on behalf of the Board of County
Commissioners, Orange County, Florida, and
WHEREAS, the Board of County Commissioners has provided for
separate accounts for workmen's compensation, general liability, and fleet
automotive liability insurance cove rage, and
WHEREAS, the Board of County Commissioners of Orange County,
Florida, finds it increasingly more difficult to discharge their duties when
under the constant threat of civil suits, which, may more often than not,
deal in damages, injury, death, or the health, safety, and welfare of the
citizenry of Orange County, and
WHEREAS, the Board of County Commissioners does not seek to
shrink or withdraw from its responsibilities to the citizens of Orange County,
and
WHEREAS, the only purpose served for the waiver of save reign
immunity for Governmental Entities, due to the irregularities of the law,
is an open-door policy for civil suits to be filed on behalf of individuals
who seek monetary retribution from the Counties of this State, their
employees, elected and appointed officials for their performance in the
discharge of their duties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Orange County, Florida, that:
(1) The Orange County Legislative Delegation seek, by
whatever means available, to immediately and with
haste provide legislation which would restore save reign
immunity to the C oun tie s of this State.
(2) The Board requests support from the State Association
of County Commissioners for their aid in repealing
73-313, Laws of Florida, those sections and subsections,
as indicated in Florida Statutes 768.28, the waiver of
sovereign immunity for the Counties of the State of Florida.
Meeting May 11, 1976