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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. Y R ATTEST: Il� y TOWN CLERK TOWN OF GULF STREAM, FLORIDA COMMISSIONER COMMISSIONER (SEAL) P",Q—,7 OMMISSIONER 1/;t qr CO SSIONE