The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 111
PUBLIC OFFICERS: GENERAL PROVISIONS

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F.S. 111.071

111.071 Payment of judgments or settlements against certain public officers or employees.—

(1) Any county, municipality, political subdivision, or agency of the state which has been excluded from participation in the Insurance Risk Management Trust Fund is authorized to expend available funds to pay:

(a) Any final judgment, including damages, costs, and attorney’s fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee, or agent in a civil or civil rights lawsuit described in s. 111.07. If the civil action arises under s. 768.28 as a tort claim, the limitations and provisions of s. 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. s. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally.

(b) Any compromise or settlement of any claim or litigation as described in paragraph (a), subject to the limitations set forth in that paragraph.

(c) Any reimbursement required under s. 111.07 for court costs and reasonable attorney’s fees when the county, municipality, political subdivision, or agency of the state has failed to provide an attorney and the defendant prevails.

(2) For purposes of this section, a “final judgment” means a judgment upon completion of any appellate proceedings.

(3) “Agency of the state” or “state agency,” as used in this section, includes an executive department, a constitutional officer, the Legislature, and the judicial branch.

(4) This section is not intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits.

History.—s. 2, ch. 79-139; ss. 2, 3, ch. 80-271.

F.S. 111.071 on Google Scholar

F.S. 111.071 on Casetext

Amendments to 111.071

Arrestable Offenses / Crimes under Fla. Stat. 111.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 111.071.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ZABRISKIE, v. COURT ADMINISTRATION, FL, FL, FL FL,, 172 F. App'x 906 (11th Cir. 2006)

. . . . § 111.071(3). . . . Ann. § 111.071(3); Fla.R.Jud.Admin. 2.050(d). . . .

BADILLO, v. THORPE,, 158 F. App'x 208 (11th Cir. 2005)

. . . Florida Statute § 111.071(3) addresses the payment of judgments against certain public officers or employees . . .

A. GRIFFIN R. P. v. CITY OF OPA LOCKA,, 891 So. 2d 1127 (Fla. Dist. Ct. App. 2004)

. . . Section 111.071(l)(a), Florida Statutes (2003), provides: “If the action is a civil rights action arising . . .

A. FIGUEROA- RODRIGUEZ, v. L. AQUINO,, 863 F.2d 1037 (1st Cir. 1988)

. . . . § 111.071 (1985) & § 111.071 (1982); Ga.Code Ann. § 89-973 (1985) (ins. scheme) Recodified as § 45- . . .

LaMARCA, H. Jr. v. R. V. TURNER,, 662 F. Supp. 647 (S.D. Fla. 1987)

. . . officer, employee, or agent has been determined ... to have caused the harm intentionally” Section 111.071 . . . Section 111.071, Florida Statutes (1983) provides as follows: 111.071 Payment of judgments or settlements . . .

I. GAMBLE, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 779 F.2d 1509 (11th Cir. 1986)

. . . Our analysis is similar with respect to § 111.071 which provides for state payment of damage judgments . . . Section 111.071 provides in relevant part: (1) Any county, municipality, political subdivision, or agency . . . Fla.Stat.Ann. § 111.071 (West 1982). . . .

MEEKER a k a v. R. E. ADDISON a, 586 F. Supp. 216 (S.D. Fla. 1983)

. . . . § 111.071(l)(a), which had not as yet been codified, “clearly indicates that the [Florida] Legislature . . . Section 111.071(l)(a) goes on to differentiate between the liability limit for tort actions, which is . . . Sections 111.-07 and 111.071(l)(a) of the Florida Statutes thus express a waiver by the state of its . . . S. 111.071, F.S., is created to authorize a political subdivision of the State or a State agency ... . . . Stat. § 111.071(4). . . .

OSTROFF, v. STATE OF FLORIDA, DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, Mr. H. R. S., 554 F. Supp. 347 (M.D. Fla. 1983)

. . . . § 111.071(l)(a), Fla.Stat. . . .

PATSY v. BOARD OF REGENTS OF THE STATE OF FLORIDA, 457 U.S. 496 (U.S. 1982)

. . . . § 111.071(l)(b)(4) (1981) (provision for payment by the State of civil rights judgments against state . . .

B. SHINHOLSTER, v. GRAHAM,, 527 F. Supp. 1318 (N.D. Fla. 1981)

. . . Neither the Marrapese decision nor Section 111.071, Florida Statutes, have previously been addressed . . . Clearly, on their face, Sections 111.07 and 111.071 substantiate the conclusion that neither Section . . . Additionally, the legislative histories of Sections 111.07 and 111.071 also support this conclusion: . . . This section creates a new statute [Section 111.071] authorizing local governments and certain state . . . Indeed, the clear and unambiguous language of Section 111.071(4) affirmatively evinces the intent of . . .