CopyCited 95 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 21752
...or workers’ compensation, 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)....
...§ 1988 , was a congressional abrogation of the state’s Eleventh Amendment immunity with respect to the payment of attorney’s fees in civil rights actions. 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....
...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....
CopyCited 10 times | Published | District Court, N.D. 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....
...ividual 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 ......
...ng 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). Additionally, Section
284.31 states: The Insurance Risk Management Trust Fund shall, unless specifically excluded by the Department of Insurance, cover all departments of the State of Florida, and their employees and agents and other authorized persons, and shall...
...r 42 U.S.C. s. 1983, or similar federal statutes, and court-awarded attorney's fees in other proceedings against the state except for such awards in emminent domain or for inverse condemnation or to awards by the Career Service Commission. Fla.Stat. § 284.31 (1979)....
...ade 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....
...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....
...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. 1983, or similar federal statutes. (5) S. 284.31, F.S., is amended to include within the scope of coverages of the Insurance Risk Management Trust Fund the payment of judgments of court ordered *1336 payment of attorney's fees in federal civil rights actions under 42....
...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....
CopyCited 5 times | Published | District Court, S.D. Florida
...ped 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. (Emphasis supplied). Section
284.31, which details the coverage provided to the state's various departments and agencies under the Insurance Risk Management Trust Fund, established under Florida Statutes, Chapter 284, Part 2, similarly provides for a separate insurance account for "federal civil rights actions under 42 U.S.C. s. 1983, or similar federal statutes." These sections,
284.31 *221 and
284.38, Florida Statutes, specifically abrogate the usual monetary limitations on the amount of recovery in cases in which a final judgment is entered against a constitutional tortfeasor in an action brought under an appropriate federal statute....
...ather than a `common law' tort."). Since Cate v. Oldham, supra , was a suit for preliminary injunction, the insurance sections and liability limitation sections of the Florida statutes did not come into play. In the case at bar, however, Fla.Stat. §§
284.31,
111.07 and
111.071 are of central importance because they provide for recovery of money damages in a suit against the state or its agencies or subdivisions....
...n of any officer, employee or agent in a civil or civil rights lawsuit ..." See Order, Dec. 30, 1983 at 6-7. Such a "civil rights lawsuit" is defined in Fla.Stat. §
111.07 to include cases brought "under the Federal Constitution or laws." Fla.Stat. §
284.31 similarly provides for a separate insurance account for "federal civil rights actions under 42 U.S.C....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...d to pay such judgment subject to the previously set forth limitations of s.
768.28 (5), F.S. Chapter 74-235, Laws of Florida, also amended portions of Part II of Ch. 284 , F.S., relating to the Florida Casualty Insurance Risk Management Trust Fund. Section
284.31 , as amended, provides that the Insurance Risk Management Trust Fund shall, absent specified exclusion of the Department of Insurance, cover all departments of the state, their employees and agents, and other authorized persons, and th...
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...284.30 , F.S., establishes a state self-insurance fund designated as the "Florida Casulaty Insurance Risk Management Trust Fund" which is to provide insurance for, among other things, general liability and federal civil rights actions and court-awarded attorney's fees in other proceedings against the state. Section 284.31 , F.S., describes the scope and types of coverage to be provided by the Insurance Risk Management Trust Fund, which, pursuant to the statute, shall "cover all departments of the State of Florida and their employees, agents, and volunteers....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...284.30 , F.S., establishes a state self-insurance fund designated as the "Florida Casualty Insurance Risk Management Trust Fund" which is to provide insurance for, among other things, general liability and federal civil rights actions and court-awarded attorney's fees in other proceedings against the state. Section 284.31 , F.S., describes the scope and types of coverage to be provided by the Insurance Risk Management Trust Fund, which, pursuant to the statute, shall "cover all departments of the State of Florida and their employees, agents, and volunteers....
