HomeMy WebLinkAboutReso 2023-3475RESOLUTION 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
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED on this 161h cl, of F�bruary 2023.
ATTEST: j
Mau icio Betancu Ir, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ca
Valerie Vicente, City Attorney
Moved by: t N1dN( tQcat ' @,S�i,+MLlr� Seconded by:"IeAwmvr-VC-9
Vote:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
R2023 Opposing HB 401 sovereign Immunity Page 2 of 2