2/3

Question 1

What are mechanics of LG using pre-1994?

Answer 1

A. Aft 14 days notice & PH,
B. Votes by 2/3 it is in best int to use its own pre-1994 procedure
&
C. 1 uniquely qualified Ktor or db firm already retained on affiliated project.
OR
D. Wd jeopardize funding to comp bid.
E. Not arbitrary or capricious

Question 2

S/L____State 16 pertinent S/Ls.

1) NOC for contrib
2) Title 7, ADEA, EPA
3) P+P
4) FCRA
5) New muni SLA
6) NOC for Med mal/wrong death
7) MESs
8) NOC for tort
9) New muni CP.
10) Tort
11) Oral K
12) Taking
13) 1981, 1983, 1985
14) Written K.
15) Improper Ordinance.
16) USERRA

Answer 2

*DFS unless county, muni, or FL Space.
6 mos = NOC to DFS.*
300/90 = 7, ADEA, EPA
1 = P+P statutory bond + FCRA + new muni SLA
2 = mm/wd NOC to DFS.*
2/3 = MESs
3 = Tort NOC to DFS* + new muni CP
4 = Torts + oral Ks + taking + 1981, 83, 85
5 = "w-r-i-t-e" Ks + improper ordinance
Unlimited = USERRA
Unlimited = USERRA

Question 3

Who gets a notice of claim under 768.28?

Answer 3

TORTS

1) Entity
2) DFS - UNLESS, entity is muni, county or FL Space Agency.

Question 4

Must a tort claim notice be in writing?

Answer 4

Yes.

Question 5

What is the timeframe to submit a tort claim notice?

Answer 5

TORTS
-----------
3 yrs from incident
UNLESS
1)  contribution - 6 mos. aft jmt.
2)  Wrongful death - 2 yrs of incident.
-----------
~confirmed 768.28 [see also 95.11]

Question 6

What 5 things must be included in tort claim notice?

Answer 6

TORTS

1) Wh/ $200 or more is owed.
2) Place of birth
3) Name
4) dob
5) SS#

Question 7

What need not be included in tort claim notice?

Answer 7

Detailed description of what happened.

Question 8

How long does LG have to investigate tort claim after receiving notice?

Answer 8

TORTS
-----------
6 months 
UNLESS . . . 
med mal or wrongful death = 90 days.

Question 9

What is the S/L for all torts?

Answer 9

4 yrs. UNLESS
– wrongful death - 2 yrs.

Question 10

How long does LG have to respond to a lawsuit for torts?

Answer 10

30 days [not the usual 20].

Question 11

How evaluate a tort claim?

Answer 11

1) Duty of care? Not liab for planning or discretionary. Are liab. for operational.
2) Waiver of sovereign immunity? If the conduct complained about:
Is a tort = no protection.
Not a tort = Mtn to Dismiss.

Question 12

What are Plaintiff’s options if jury awards over 200/300?

Answer 12

TORTS

1) Pursue insurance funds if entity has excess coverage. BUT no way to force payment if carrier will not pay.
2) Claims bill.

Question 13

Is a hospital associated w/ public med school entitled to Sov Imm?

Answer 13

TORTS
-----------
Yes.  
-----------
Lazzari v. Guzman, 2020 WL 3602405 (Fla. 3rd DCA October 28, 2020)

Question 14

Is mass shooting security guard entitled to Sov Imm?

Answer 14

No b/c factual issues as to wh/ action/inaction constituted willful & wanton.

Question 15

Does mass casualty event arise out of the same incident or occurrence, thus limiting all claimants to 200/300 cap?

Answer 15

TORTS
-----------
Yes.
-----------
DFS v. Barnett, 303 Sp. 3d 508 (Fla 2020).

Question 16

Is a trial court’s nonfinal decision on sov imm appealable?

Answer 16

Yes - now.
Fla. Rule App Proc Rule 9.130 amended to allow.
———–
Triggered by Fla. Highway Patrol v. Jackson, 288 So. 3d 1179 (Fla, 2020).
See 289 So. 3d 866 (Fla. 2020).

Question 17

Sheriff in pursuit crashes a 3rd party. What 3 things wd you argue to win SJ?

Answer 17

1) Act not so reckless to constitute disregard for HWS
2) Acting in accord w/ written policy.
3) Officer had reason to believe fleeing vehicle committed a forcible felony.
———–
Ross v. City of Jax, 274 So. 3d 1180 (Fla. 1st DCA 2019).

Question 18

TORTS
-----------
Is Sov Imm waived if LG creates a nuisance claim by it issuance of permits?  
-----------
Why or why not?
-----------
HINT - 2 reasons.

Answer 18

No, sov. imm IS NOT waived for nuisance.
———–
1) b/c FWC owes NO DUTY to prevent trespass on private land.
2) Issuing license was DISCRETIONARY decision protected by sovereign immunity.
———–
Fla. Fish & Wildlife v. Davis, 256 So. 3d 907 (Fla. 1st DCA 2018)

Question 19

What 2 acts are protected by Sov. Imm.?

Answer 19

TORTS

1) Discretionary
2) Planning.

Question 20

What category of act is not protected by sov. imm.?

Answer 20

Operational.

Question 21

Is LG’s decision to allocate PD during festival protected by Sov Imm?
Why?

Answer 21

Yes - protected b/c that is a discretionary decision.
———–
Sanchez v. Miami-Dade County, 245 So. 3d 933 (Fla. 3rd DVA 2018)

Question 22

Is Sov. Imm. waived for FL Deceptive & Unfair Trade Practices Act?

Answer 22

TORTS
-----------
No - it's not a tort.
-----------
Sun 'N Lake of Sebring Improvement District v. Ayala, 247 So. 3d 72 (Fla. 2d DCA 2018)

Question 23

Is Sov. Imm. waived for a claim vs. asst state atty for a tortious interference w/ a business relationship claim?

Answer 23

Yes - waived.

Question 24

What is the S/L for torts?

Answer 24

TORTS
-----------
4 yrs. EXCEPT 
-- contrib = 6 mos.
-- wrongful death/med mal = 2 yrs.

Question 25

Can claims bill limit atty’s fees?

Answer 25

No. Unconstitutional impairment of contract b/w claimant & law firm.
———–
Searcy, Denney, Scarola, Barnhart & Shipley v. State, 209 So. 3d 1181 (Fla. 2017)

Question 26

What must court specifically do to make a sov. imm. claim appealable?

Answer 26

Must specifically find AS A MATTER OF LAW, that agency is not entitled to Sov. Imm.
———–
Miami-Dade County v. Pozos, 2017 WL 621233 (Fla, 3d DCA) (Feb. 15, 2017)

Question 27

What are the 2 requirements of tort claim notice under 768.28(6)(a)?

Answer 27

TORTS
-----------
1)  Writing
2)  Assert a claim.
-----------
Wilson v. City of Tampa, 209 So. 3d 646 (Fla. 2d DCA 2017).

Question 28

Is sov imm waived for claim of statutory claim of retaliatory discharge?

Answer 28

No! The right to sue for Retaliatory Discharge is a STATUTORY CLAIM, not a tort!!!
———–
State of FL, Dept. of Elder Affairs v. Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016)

Question 29

Is private prisoner transport entitled to sov. imm.?

Answer 29

Yes - considered agent of Pinellas Sheriff’s Office.
———–
G4S Secure Solutions (USA) . Morrow, 210 So. 3d 92 (Fla. 2d DCA 2016)

Question 30

Is sov imm waived for Sheriff w/ road obstacle?

Answer 30

TORTS
-----------
No - protected v/c Sheriff has not duty.
-----------
Manfre v. Shinkle, 184 So. 3d 641 (Fla. 5th DCA 2016)

Question 31

Are FCRA claims subject to sov. imm. cap?

Answer 31

TORTS
-----------
Yes.
-----------
City of Delray Beach v. DeSisto, 197 So. 3d 1206 (Fla. 4th DCA 2016)

Question 32

Sheriff sees reckless driver & pursues w/o lts/sirens.
Trucker swerves & crashes.
Sheriff turns on his lts, not sirens.
Wendy pulls into path of Driver, crashes, “Help!”
Sheriff cks her, cuffs Driver face down who dies.
What claims?

Answer 32

Trucker - 
Cop: negligent driving, no imm b/c operational.
IIED, Battery
LG:  failure to train, neg. retention
-----------
Wendy - 
Cop: negligent driving b/c no sirens.  why chase?
negligent care aft ax, IIED
LG:  failure to train, neg. retention.
-----------
Driver -
Cop:  4th Amend (w/ 1983) unreas seizure; IIED; Battery; (no assault b/c no fear - uncons); 14th Amend Equal Pro b/c facedown was shocking & atrocious.
LG:  failure to train, neg. retention.

Question 33

What 2 new things did I learn about the applicability of sovereign immunity depending on the origin of certain types of claims?

Answer 33

(1) No sov. imm. for STATUTORY CLAIMS. Ex. the right to sue for Retaliatory Discharge OF AN OMBUDSMAN (only) is a STATUTORY CLAIM, not a tort!!!
———–
(2) Waiver must be CLEAR & UNEQUIVOCAL
———–
State of FL, Dept. of Elder Affairs v. Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016)