FL Con Law Tort Immunities

Question 1

Government Immunity from Lawsuits and Liability Caps

Answer 1

The “sovereign” is immune from lawsuits, meaning the government has sovereign immunity from suit by the public.

The Florida constitution permits a WAIVER of the state’s immunity, in certain situations.

Even if the sovereign waives its immunity, there are still caps on its liability:

• > $200,000 on any tort claim against any one defendant.
• > $300,000 max per incident or occurrence, regardless of the number of defendants.

Question 2

Planning vs. Operational Decisions

Answer 2

The state along with lower govt entities has waived immunity for “operational” decisions but not “planning” decisions.

An operational decision relates to the actions taken by government employees or agents:. For example, a lifeguard decides to rescue a drowning child instead of a simultaneously drowning adult OR a municipal garage worker takes an extra break and a vehicle is stolen during his absence.

A plaintiff may sue the govt to the same extent as a private party for an operational decision, limited to the liability caps.

Question 3

Operational Decisions

Answer 3

An operational decision relates to the actions taken by government employees or agents:. For example, a lifeguard decides to rescue a drowning child instead of a simultaneously drowning adult OR a municipal garage worker takes an extra break and a vehicle is stolen during his absence.

A plaintiff may sue the govt to the same extent as a private party for an operational decision, limited to the liability caps.

A planning decision relates to the policies for a given activity–the ways in which the government decides it will act. For example, how will the parks department use its budget; or how should police dispatchers respond to 911 calls?

A plaintiff cannot sue the government over an issue that is a planning decision.

Question 4

Planning Decisions

Answer 4

A planning decision relates to the policies for a given activity–the ways in which the government decides it will act. For example, how will the parks department use its budget; or how should police dispatchers respond to 911 calls?

A plaintiff cannot sue the government over an issue that is a planning decision.

Question 5

Arguments

Answer 5

State: The negligent action was a planning decision.

Plaintiff: The negligent action was an operational decision.

Conclusion: The outcome will depend on whether a POLICY EXISTS and the ACTOR VIOLATED IT.

Question 6

Common Sovereign Figures

Answer 6

Police officer

Public recreational facility (pool)

Public school or university

Public hospital

Private contractor acting on behalf of the government