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Florida Statute 284.38 | Lawyer Caselaw & Research
F.S. 284.38 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 284.38

The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS
Chapter 284
STATE RISK MANAGEMENT AND SAFETY PROGRAMS
View Entire Chapter
F.S. 284.38
284.38 Waiver of sovereign immunity; effect.The insurance programs developed herein shall provide limits as established by the provisions of s. 768.28 if a tort claim. The limits provided in s. 768.28 shall not apply to a civil rights action arising under 42 U.S.C. s. 1983 or similar federal statute. Payment of a pending or future claim or judgment arising under any of said statutes may be made upon this act becoming a law, unless the officer, employee, or agent has been determined in the final judgment to have caused the harm intentionally; however, the fund is authorized to pay all other court-ordered attorney’s fees as provided under s. 284.31.
History.s. 1, ch. 72-206; s. 8, ch. 79-139; s. 176, ch. 81-259.

F.S. 284.38 on Google Scholar

F.S. 284.38 on Casetext

Amendments to 284.38


Arrestable Offenses / Crimes under Fla. Stat. 284.38
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 284.38.



Annotations, Discussions, Cases:

Cases from cite.case.law:

V. CLEMONS, v. STATE RISK MANAGEMENT TRUST FUND, 870 So. 2d 881 (Fla. Dist. Ct. App. 2004)

. . . I share the majority opinion’s view that the exclusion in section 284.38, Florida Statutes (1997), does . . . [were not] determined in the final judgment to have caused the harm intentionally.” § 284.38, Fla. . . . transferred to Rule 69H-2.004(5), Florida Administrative Code, creates an exclusion, even if section 284.38 . . . The latter exclusion echoes pertinent language in section 284.38, Florida Statutes (1997). . . . .” § 284.38, Fla. Stat. (1997). . . . See § 284.38, Fla. Stat. (2002). . . . Section 284.38, Florida Statutes, provides for exclusion from coverage where the officer “has been determined . . . persons, property, or personal rights do not constitute intent to harm as clearly stated in section 284.38 . . . Because the trial court’s application of the exclusion in section 284.38 was error, we REVERSE and REMAND . . .

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

. . . . § 284.38 (emphasis added). . . . Thus, the most reasonable reading of § 284.38 is that the state, through its risk management fund, will . . . In any event, there is surely no overwhelming implication from the text of § 284.38 that the state intended . . . Subsection (l)(a) is the functional equivalent of § 284.38 discussed above. . . .

LEGGETT, v. L. BADGER, w FL L. FL. J. C. FSP, FL., 759 F.2d 1556 (11th Cir. 1985)

. . . . § 284.38, providing for the Florida Casualty Insurance Risk Management Trust Fund, there is no state . . .

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

. . . Additionally, the Court notes that Florida Statute § 284.38, which is entitled “Waiver of sovereign immunity . . . These sections, 284.31 and 284.38, Florida Statutes, specifically abrogate the usual monetary limitations . . . The Shin-holster opinion interprets Florida Statute § 284.38 as excluding constitutional torts from Florida . . . Yet nothing in § 284.38 states anything that can be so construed; as noted above, the section differentiates . . . Fla.Stat. § 284.38. (Emphasis supplied). . . .

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

. . . The most significant provision of Chapter 284, Part 2, is Section 284.38 which is entitled “Waiver of . . . Fla.Stat. § 284.38 (1979). . . . Arguably, Section 284.38 could be interpreted, under a very broad construction, to effectively expand . . . The legislative histories of Sections 284.30, 284.31, and, especially 284.38, support this construction . . . [sic] U.S.C., s. 1983 or similar federal statutes. (7) S. 284.38, F.S., is amended to provide that for . . .

N. v., 55 T.C. 501 (T.C. 1970)

. . . Morforde (l,OO0X.'875X.65X.5O)_$284.38 Mr. . . .

SNYDER v. COMMISSIONER OF INTERNAL REVENUE, 54 F.2d 57 (3d Cir. 1931)

. . . 1925 sales against all of the 1925 purchases and the latest 1924 purchases, disclosing a loss of $10,-284.38 . . .

In MORGAN STROH v. DE CARPENTIER, 26 F.2d 183 (6th Cir. 1928)

. . . D. 413, where $284.38 was owed, and the affidavit stated that the amount was $2,500, and the transaction . . .

In HUGILL, 100 F. 616 (N.D. Iowa 1900)

. . . The firm of Cooper Bros, filed proof of claim in the sum of $284.38, including interest as corrected . . . The firm of Cooper Bros, filed proof of claim in the sum of $284.38, including interest, as corrected . . . They only asked that the mortgage lien be held valid as to $284.38, the amount of the original indebtedness . . .