HomeMy Public PortalAboutRES 98/05RESOLUTION 98- 5
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, OPPOSING THE PROPOSAL BEFORE THE
CONSTITUTIONAL REVISION COMMISSION REGARDING SOVEREIGN
IMMUNITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution of the State of Florida, Article X,
Section 3, now provides that general law applies as it relates to
bringing suit against the State and other Governmental entities; and
WHEREAS, general law currently waives sovereign immunity for torts
arising from the operational activities of local governments in the
amount of $100,000.00 per claimant, with a total of $200,000.00 per
occurrence; and
WHEREAS, Proposal 59 provides that the caps set forth in general
law may be increased; and
WHEREAS, the proposed change to the Constitution would eliminate
the sovereign immunity of governments as to planning level decisions;
and
WHEREAS, the proposed change in the Constitution adds another
layer of adjudication through arbitration of claims over the current
sovereign immunity cap that may already have been adjudicated at trial;
and
WHEREAS, the proposed language effectively grafts specific
legislative language into the Constitution, requiring a Constitutional
amendment in the future to vary the monetary limits contained in the
proposed revision; and
WHEREAS, a change to the Constitution is not necessary to change
or amend the parameters of sovereign immunity, as set forth in general
law; and
WHEREAS, the Town Commission of the Town of Gulf Stream finds that
the proposal now before the Constitutional Revision Commission, if
passed, will result in an unfunded state mandate; and
WHEREAS, the Town Commission of the Town of Gulf Stream opposes
Proposal 59 and any other constitutional changes affecting sovereign
immunity.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, AS FOLLOWS:
Section 1. That the Town of Gulf Stream opposes Proposal 59 being
considered by the Constitutional Revision Commission.
Section 2. That the Town of Gulf Stream opposes any change to The
Doctrine of Sovereign Immunity by Constitutional Amendment.
Section 3. The Town commission of the Town of Gulf Stream urges
other local governments to adopt a resolution opposing modification of
the Constitution as it relates to The Doctrine of Sovereign Immunity.
Section 4. That copies of this resolution are authorized to be
provided to appropriate officials.
Section 5. That this resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this 13th day of March, 1998.
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ATTEST:
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TOWN CLERK
TOWN OF GULF STREAM, FLORIDA
COMMISSIONER
COMMISSIONER
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OMMISSIONER
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