Florida/Georgia Personal Injury & Workers Compensation

...768.28, that the waiver of sovereign immunity in § 768.28 includes damage actions against the state and its agencies under § 1983. First, Gamble directs the court to the Florida Casualty Insurance Risk Management Trust Fund Statute, Fla.Stat.Ann. § 284.30, et seq....

...serve a copy of the pleading claiming the fees on the Department of Insurance; and thereafter the department shall be entitled to participate with the agency in the defense of the suit and any appeal thereof with respect to such fees. Fla.Stat.Ann. § 284.30 (emphasis added)....

...general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, and court-awarded attorney’s fees in other proceedings against the state.... Fla.Stat.Ann. § 284.31 (emphasis added). Section 284.30 provides insurance in federal civil rights actions against the state. At first blush, this might appear to be an indication that Florida has indeed waived its Eleventh Amendment immunity in civil rights actions when it waived its state common law immunity to tort actions under § 768.28. However, by its words § 284.30 does no more than provide insurance to the extent that the state or its agencies might be liable in a § 1983 action....

...he necessary result of compliance with decrees which by their terms were prospective in nature.... Such an ancillary effect on the state treasury is a permissible and often inevitable consequence of the principle announced in Ex parte Young....”). Section 284.30 would provide insurance to state agencies for the cost of the implementation of such prospective relief....

...Thus, there is no Eleventh Amendment bar to the assessment of attorney’s fees against the state or its agencies. 9 Section 284.31, quoted above, merely reiterates the insurance coverage in federal civil rights actions and court-awarded attorney’s fees provided in § 284.30, and further provides that the insurance risk management fund account for these coverages separately....

Florida Risk Management Trust Fund. Fla.Stat.Ann. § 284.-30 et seq. This admission was placed in

...According to the Tribe, the expenses covered in 548.077 necessarily include litigation expenses and monetary judgments. However, responsibility for any judgment rendered against the Commission in this case may be assumed by the state through the Florida Risk Management Trust Fund. See Fla. Stat. 284.30; see also Tuveson, 734 F.2d at 734 ("Responsibility for any judgment in this case against the Council will be assumed by the state through the Florida Risk Management Trust Fund."). This state self-insurance fund provides, inter alia, insurance to cover the state or its agencies from liability in a 42 U.S.C. 1983 action and from court-awarded attorney's fees in other proceedings against the state. See Fla. Stat. 284.30; see also Gamble v. Florida Dep't of Health & Rehabilitative Serv., 779 F.2d 1509, 1516 (11th Cir.1986). 24 As to the Tribe's claims that may fall outside of 284.30, Florida law provides that neither the state nor its state agencies shall pay any monetary damages under the judgment of any court except pursuant to an appropriation made by law....

...After the trial court acquitted Dupont of the charges, he filed the § 1983 federal civil rights lawsuit. The Fund retained the services of the Attorney General to defend Tangusso in the civil rights lawsuit. The Fund provides federal civil rights liability insurance for employees under section 284.30, Florida Statutes (2001), and owed a duty to defend its insured....

...However, either remedy is subject, in the context of a Coblentz agreement, to the requirements set forth in Ahern, 788 So.2d at 371-372, and Steil, 448 So.2d at 591-592. The trial court did not reach these issues, and this court cannot determine the outcome of the inquiry. Section 284.30 provides employees coverage for § 1983 civil rights judgments against them; whether that coverage extends to the employee's estate is another issue....

...Florida Podiatrist Trust, 620 So.2d 1018 (Fla. 1st DCA 1993), that do not support its argument that the Fund is not sui juris. The Florida Legislature created the Fund as a self-insurance fund to provide liability insurance to governmental agencies and employees in civil rights cases. § 284.30....

...Florida State University Police Officers. They are not proper defendants to plaintiff's 42 U.S.C. § 1983 claim in their official capacities since plaintiff seeks from them dollar damages which would be paid by the State of Florida. Sections 768.28, 284.30, 284.31, and 284.38, Florida Statutes do not, in this court's opinion, constitute a waiver by the State of Florida of its Eleventh Amendment immunity to suit in federal court....

...heir individual capacity. Id. at 1-2. (Emphasis in the third sentence added). Likewise, in Commercial Consultants Corporation v. Walters, No. TCA 79-0827 (N.D.Fla. Jan. 30, 1981), Judge Stafford stated: Upon careful consideration of Sections 768.28, 284.30, 284.31 and 284.38, Florida Statutes, this court now concludes that its prior determination ......

...to waive sovereign immunity for federal civil rights actions. Under Chapter 284, Part 2, Florida Statutes (1979), the Florida Casualty Insurance Risk Management Trust Fund is created and the scope and types of coverages are specified. Specifically, Section 284.30, Florida Statutes, provides: There is created a Florida Casualty Insurance Risk Management Trust Fund to provide insurance, as authorized by s....

...must serve a copy of the pleading claiming the fee on the Department of Insurance, and thereafter the Department shall be entitled to participate with the agency in the defense of the suit and any appeal thereof with respect to such fees. Fla.Stat. § 284.30 (1979)....

...(8) (May 14, 1979). (Emphasis added.) The essence of Section 284.38, as its title and text indicate, is that the Section 768.28 waiver of sovereign immunity simply does not apply to federal civil rights actions. The legislative histories of Sections 284.30, 284.31, and, especially 284.38, support this construction....

...1983. Florida Senate Staff Analysis and Economic Impact Statement On Committee Substitute, Senate Bill 332, ¶ I.A (May 14, 1979). The Florida Senate staff also expressed the intended effect of the proposed changes to Chapter 284, Florida Statutes: (4) S. 284.30, F.S., is amended to broaden the coverages to be provided by the Florida Casualty Insurance Risk Management Trust Fund to include the payment of judgment and court ordered payment of attorney's fees in federal civil rights actions under 42 U.S.C., s....

...Indeed, attorney representation and authorization for payment of damages from the Insurance Risk Management Trust Fund are only and specifically provided when an officer, employee, or agent is sued individually or personally. Finally, it is also noted that the language in Sections 284.30 and 284.31 which permits payment by the state of court-awarded attorney's fees "in other proceedings against the state" establishes that the state has consented to payment of attorney's fees from its treasury in federal civil rights suits against the state....

...urt subsequently approved. HRS thereupon moved for rehearing, asserting for the first time that FMC had failed to comply with the statutory condition precedent to the award of attorney's fees, e.g., its failure to establish or allege compliance with Section 284.30, Florida Statutes, providing: *678 A state self-insurance fund, designated as the "Florida Casualty Insurance Risk Management Trust Fund," is created to be set up by the Department of Insurance and administered with a program of risk management, which fund is to provide insurance, as authorized by s....

...768.28(6)(a), Florida Statutes, held that the statute must be given literal effect, and is a condition precedent to the bringing of suit against any state agency or subdivision, except a municipality. We agree with HRS that the notice provisions of section 284.30 are similar to those provided in section 768.28(6)(a), in that both require presentation of the particular claim in writing to the Department of Insurance....

...Duval County Hospital Authority, 502 So.2d 459, 463 (Fla. 1st DCA 1986); McSwain v. Dussia, 499 So.2d 868, 870 (Fla. 1st DCA 1986); City of Pembroke Pines v. Atlas, 474 So.2d 237, 238 (Fla. 4th DCA 1985), rev. denied, 486 So.2d 595 (Fla. 1986). We are similarly of the view that the notice provisions of section 284.30 may be waived by one who fails to raise such defense in a timely manner. In holding that the notice requirement of section 284.30 may be waived, we are aware that Section 768.28(6)(b), Florida Statutes, is worded differently from section 284.30, in that — unlike the latter statute — it specifically provides that "the requirements of notice to the agency and the denial of the claim are conditions precedent to maintaining an action but shall not be deemed to be elements of th...

...ntiff's cause of action, and that the defense of lack of notice is one that may be waived. See Rule 1.140(h), Fla.R.Civ.P. Notwithstanding the difference between the language in the two statutes, we see no need to place a different construction upon section 284.30....

...In the case at bar, it was only after a hearing on the issue of attorney's fees had been conducted, and an order entered approving the recommendation that the motion for attorney's fees be granted, that HRS raised for the first time FMC's failure to comply with the notice requirements of section 284.30. Under the circumstances, we consider that a similar construction should be placed upon section 284.30, as has been given section 768.28, and conclude that because the agency did not timely assert the defense of noncompliance with the notice provisions of section 284.30, that defense must now be deemed waived....

...Fund because the civil rights violations were based on intentional torts committed by the officers. We reverse because the final judgment does not contain a provision that Appellant "caused the harm intentionally." See § 284.38, Fla. Stat. (2002). Section 284.30, Florida Statutes, establishes the Fund to provide insurance for certain claims, including "federal civil rights actions under 42 U.S.C....

...Cordes included a claim for attorney's fees in his petition for enforcement of agency action. Although attorney's fees are recoverable in section 120.69 proceedings, a notice requirement is imposed upon those seeking recovery of attorney's fees from the *610 state or an agency. Thus, section 284.30, Florida Statutes (1991), provides in pertinent part: A party to a suit in any court, to be entitled to have his attorney's fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Depar...

...We reject Cordes' claim that this notification requirement was waived. Although the state may waive the requirement by failing to timely assert a lack of notice, see Florida Medical Center v. Department of Health and Rehabilitative Services, 511 So.2d 677 (Fla. 1st DCA 1987), the department timely raised § 284.30 in its motion to strike Cordes' claim for fees....

...Sherlock of Littman, Sherlock & Heims, P.A., Stuart, for appellants. Lee E. Muschott of Lee E. Muschott, P.A., Fort Pierce, for appellee Martin County Health Department. *663 GROSS, J. We affirm the final judgment denying attorney's fees due to appellants' failure to comply with the notice requirement of section 284.30, Florida Statutes (1999)....

...to section 403.412(2)(f) as the prevailing parties. The Department of Health responded with the assertion that appellants were not entitled to fees because they had never served a copy of any complaint on the Department of Insurance, as required by section 284.30, Florida Statutes (1999). [2] The trial court denied appellants' claim for attorney's fees because of their failure to comply with section 284.30. Appellants first argue that the Department of Health waived its right to raise non-compliance with section 284.30 as an issue, since the Department did not assert it until after final judgment had been entered. The giving of section 284.30 notice is a condition precedent to the recovery of attorney's fees against the state....

...ticularity." *664 Appellants' amended complaint did not generally allege that all conditions precedent had been satisfied. Therefore, the Department of Health was not required by the rules of civil procedure to specifically allege noncompliance with section 284.30 in its answer. It could raise the issue for the first time in response to appellants' post trial motion for attorney's fees. See Dep't of Health & Rehab. Servs. v. Cordes, 644 So.2d 609, 610 (Fla. 1st DCA 1994) (holding that the state agency "timely raised § 284.30 in its motion to strike [appellee's] claim for fees" even if raised for the first time after written settlement and judgment for attorney's fees was entered). Under these facts, the Department of Health cannot be said to have waived the requirement that appellants demonstrate compliance with section 284.30 in order to recover attorney's fees....

...A statute that is vague, arbitrary, or capricious and bears no reasonable relationship to a legitimate legislative intent is unconstitutional. See Nationwide Mut. Fire Ins. Co. v. Pinnacle Med, Inc., 753 So.2d 55, 59 (Fla.2000) (citing Lasky v. State Farm Ins. Co., 296 So.2d 9, 15 (Fla. 1974)). The stated purpose of section 284.30 is to allow the Department of Insurance "to participate with the agency in the defense of the suit and any appeal thereof with respect to such [attorneys'] fees." § 284.30, Fla....

...the means chosen will in fact accomplish the intended goals; our only concern is with the constitutionality of the means chosen." Lasky v. State Farm Ins. Co., 296 So.2d 9, 15-16 (Fla.1974). Finally, we reject appellants' equal protection argument. Section 284.30 puts all persons suing the state on the same footing. The statute creates no classifications between persons. Affirmed. POLEN and TAYLOR, JJ., concur. NOTES [1] The appellee Martin County Health Department is a subdivision of the State of Florida, Department of Health. [2] Section 284.30, Florida Statutes (1999), provides: A state self-insurance fund, designated as the "Florida Casualty Insurance Risk Management Trust Fund," is created to be set up by the Department of Insurance and administered with a program of risk management, which fund is to provide insurance, as authorized by s....

failed to comply with the notice requirement of section 284.30.1 We disagree. Costs and attorney’s fees are

Financial Services with the *70claim pursuant to section 284.30, Florida Statutes., Prior to ruling on the

...We agree with the trial court that Hale failed to satisfy a condition precedent to her claim for entitlement to attorney's fees by failing to perfect service on the Department of Insurance with a summons and a copy of her complaint at the commencement of this action pursuant to section 284.30, Florida Statutes (1997)....

...They filed a second motion for attorney's fees on April 8, 2004, alleging entitlement to fees pursuant to sections 213.015(13) and (14), [4] granting certain taxpayer rights. DOR responded and, among other arguments, asserted that the Hales had failed to comply with section 284.30, because they had not perfected service on the Department of Insurance with a summons and a copy of the complaint at the commencement of the action, and, thus, were barred from seeking attorney's fees under either section 57.105 or 57.111, Florida Statutes. At the same time, DOR filed a motion to strike the demand for attorney's fees based upon section 284.30....

...4th DCA 2001), Department of Health and Rehabilitative Services v. Cordes, 644 So.2d 609 (Fla. 1st DCA 1994), and Heredia v. Department of Highway Safety and Motor Vehicles, 547 So.2d 1007 (Fla. 3d DCA 1989), and the Hales' competing argument that DOR had waived the requirements of section 284.30 by failing to timely assert lack of notice....

...1st DCA 1987). The trial court agreed with DOR that the Hales failed to satisfy the condition precedent *522 to their claim for fees by failing to serve the Department of Insurance with a copy of their complaint at the commencement of the action as required by section 284.30 and that DOR had timely filed its motion to strike....

...rred. A denial of performance or occurrence shall be made specifically and with particularity. As this court recognized in Florida Medical Center v. Department of Health and Rehabilitative Services, 511 So.2d at 678-79, giving the notice required by section 284.30 is a condition precedent to the recovery of attorney's fees against the state....

...See, generally, Philip J. Padovano, Florida Civil Practice § 7.6 (2007 ed.). The Hales' complaint contains neither a general allegation that conditions precedent were satisfied nor a specific allegation that the condition precedent of notice required by section 284.30 was satisfied....

...compliance with specificity." Florida Med. Ctr. v. Dep't of Health and Rehabilitative Servs., 511 So.2d at 679 (quoting McSwain v. Dussia, 499 So.2d 868, 870 (Fla. 1st DCA 1986)). Thus, DOR was not required to specifically allege noncompliance with section 284.30 in its answer....

...Department] could raise the issue for the first time in response to appellants' post trial motion for attorney's fees. See Dep't of Health & Rehab. Servs. v. Cordes, 644 So.2d 609, 610 (Fla. 1st DCA 1994)(holding that the state agency "timely raised § 284.30 in its motion to strike [appellee's] claim for fees" even if raised for the first time after written settlement and judgment for attorney's fees was entered). Under these facts, the Department of Health cannot be said to have waived the requirement that appellants demonstrate compliance with section 284.30 in order to recover attorney's fees. Although Florida Medical Center v. Department of Health and Rehabilitative Services, 511 So.2d at 678, recognizes that the notice requirements of section 284.30 may be waived, as in Goodman, the facts in this case do not demonstrate waiver....

...r, that waiver was not present here. Our review of the record shows that competent substantial evidence supports this determination of the trial court. Accordingly, we affirm the order under review. AFFIRMED. LEWIS and THOMAS, JJ., concur. NOTES [1] Section 284.30, Florida Statutes (1997) provides: A state self-insurance fund, designated as the "Florida Casualty Insurance Risk Management "Trust Fund," is created to be set up by the Department of Insurance and administered with a program of risk management, which fund is to provide insurance, as authorized by s....

...According to the Tribe, the expenses covered in § 548.077 necessarily include litigation expenses and monetary judgments. However, responsibility for any judgment rendered against the Commission in this case may be assumed by the state through the Florida Risk Management Trust Fund. See Fla. Stat. § 284.30; see also Tuveson, 734 F.2d at 734 ("Responsibility for any judgment in this case against the Council will be assumed by the state through the Florida Risk Management Trust Fund."). This state self-insurance fund provides, inter alia, insurance to cover the state or its agencies from liability in a 42 U.S.C. § 1983 action and from court-awarded attorney's fees in other proceedings against the state. See Fla. Stat. § 284.30; see also Gamble v. Florida Dep't of Health & Rehabilitative Serv., 779 F.2d 1509, 1516 (11th Cir.1986). As to the Tribe's claims that may fall outside of § 284.30, Florida law provides that neither the state nor its state agencies shall pay any monetary damages under the judgment of any court except pursuant to an appropriation made by law....

...According to the Tribe, the expenses covered in § 548.077 necessarily include litigation expenses and monetary judgments. However, responsibility for any judgment rendered against the Commission in this case may be assumed by the state through the Florida Risk Management Trust Fund. See Fla. Stat. § 284.30; see also Tuveson, 734 F.2d at 734 (“Responsibility for any judgment in this case against the Council will be assumed by the state through the Florida Risk Management Trust Fund.”). This state self-insurance fund provides, inter alia, insurance to cover the state or its agencies from liability in a 42 U.S.C. § 1983 action and from court-awarded attorney’s fees in other proceedings against the state. See Fla. Stat. § 284.30; see also Gamble v. Florida Dep’t of Health & Rehabilitative Serv., 779 F.2d 1509, 1516 (11th Cir. 1986). As to the Tribe’s claims that may fall outside of § 284.30, Florida law provides that neither the state nor its state agencies shall pay any monetary 16 damages under the judgment of any court except pursuant to an appropriation made by law....

to awards by the Career Service Commission. Section 284.30, F.S. And see s. 284.38, F.S., which states

Management Trust Fund as a “general liability” under § 284.30, Fla.Stat. We affirm. We note that the Division

failure to comply with notice provisions in section 284.30, Florida Statutes (2012), precluded any award

...When the Appellant failed to respond to the request, CR filed a complaint for enforcement of the Act against the Appellant. The Appellant then produced the records requested. Approximately 10 months after the filing of the complaint, CR e-served a copy of the complaint on the Department of Financial Services pursuant to section 284.30, Florida Statutes....

...the agency responsible, the reasonable costs of enforcement including reasonable attorneys' fees. § 119.12, Fla. Stat. (2014). 2 because it failed to comply with the condition precedent required by section 284.30, Florida Statutes (2014)....

...se words without involving rules of construction or speculating as to the Legislature’s intent. Id. (citing to Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000); Borden v. East–European Ins. Co., 921 So. 2d 587, 595 (Fla. 2006)). Section 284.30 provides: A state self-insurance fund, designated as the “State Risk Management Trust Fund,” is created to be set up by the Department of Financial Services and administered with a program of risk management, which fund is to provide insurance, as authorized by s....

...ancial Services; and thereafter the department shall be entitled to participate with the agency 3  in the defense of the suit and any appeal thereof with respect to such fees. § 284.30, Fla....

...As such, the plain language of the statute shows that the Legislature intended to include public records cases within its purview. The trial court’s decision to carve out a public policy exception for public records cases was in error. CR also argues that even if section 284.30 applies to the Act, it is not a condition precedent. However, this Court has found that “giving the notice required by section 284.30 is a condition precedent to the recovery of attorney’s fees against the state.” Hale v. Dep’t of Revenue, 973 So. 2d 518, 522 (Fla. 1st DCA 2007) (citing to Fla. Med. Ctr. v. Dep’t of Health & Rehab. Servs., 511 So. 2d 677, 678-79 (Fla. 1st DCA 1987)). As such, because the notice requirement of section 284.30 is a condition precedent that CR failed to satisfy, we reverse the award of attorney’s fees. In addition, the Appellant alleged that CR’s attorney, Case, was filing public records requests with state employees in hopes...

...make lawful public records requests. While there was some evidence supporting this allegation in Case’s deposition, including his statements that he was entirely responsible for the creation and operation of CR, we decline to rule on this allegation because our holding on section 284.30 is dispositive....

Families (“DCF”). The lower court held that section 284.30, Florida Statutes (2012), required N.S. to

requirements of section 284.30, Florida Statutes (1987). We agree and affirm. Section 284.30 provides: 284

failure to comply with the notice requirement of section 284.30, Florida Statutes, we reverse and remand for