Reso 2023-3475 - Laserfiche WebLink

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RESOLUTION NO. 2023 - 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, STRONGLY OPPOSING HOUSE BILL 401, AS AMENDED, WHICH UNREASONABLY INCREASES THE STATUTORY LIMITS ON LIABILITY FOR TORT CLAIMS AGAINST THE STATE, ITS AGENCIES AND ITS SUBDIVISIONS, INCLUDING MUNICIPALITIES, SUCH AS THE CITY OF SUNNY ISLES BEACH; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2023 Legislative Session of the State of Florida, Representative Mike Beltran sponsored House Bill 401, seeking to revise the statutory limits on liability for tort claims against the state, its agencies and its subdivisions, including municipalities, such as the City of Sunny Isles Beach ("City"); and WHEREAS, currently, Section 768.28, Florida Statutes, waives sovereign immunity for local governments with respect to liability for torts, but caps said liability to $200,000 per person and $300,000 per incident; and WHEREAS, House Bill 401 as currently proposed, seeks to amend Section 768.28, Florida Statutes, by unreasonably increasing the caps on sovereign immunity from $200,000 per person to $2.5 million per person, and increase the limit per incident from $300,000 to $5 million; and WHEREAS, the City is strongly opposed to the excessive increases of 1250% to the current per -person cap and the equally excessive increase of 1600% to the current per -incident cap on tort liability against local governments; and WHEREAS, the proposed increases in the statutory caps will significantly increase insurance premiums paid by local governments throughout the state, and could result in significant adverse financial impacts for smaller self-insured municipalities should they have a judgment entered against them at the new limits; and WHEREAS, the Mayor and City Commission declare their strong opposition to HB 401 and any substitute or similar Senate or House bill which unreasonably increases the statutory limits on liability for tort claims against the state, its agencies and its subdivisions, including municipalities, such as the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Opposition to House Bill 401. The City Commission hereby expresses its strong opposition to House Bill 401, as amended. Section 2. Directions to the City Clerk. The City Clerk is hereby directed to distribute copies of this Resolution to Representative Mike Beltran, Governor Ron DeSantis, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Florida League of Cities, and the Miami -Dade League of Cities. R2023 Opposing HB 401 Sovereign Immunity Page 1 of 2