§ 2-2-35. Authority to settle certain types of claims for and against the county.

(a)

The county attorney, in addition to authority otherwise delegated to him or her, is hereby delegated authority to negotiate, compromise and settle claims, and litigation and administrative matters, wherein the county is a party, or where a constitutional officer or other entity provided coverage by the self-insurance code is a party, and to execute releases and satisfactions of judgments and other liens associated with such claims, litigation and matters. These matters include, but are not limited to:

(1)

Tort claims;

(2)

Workers' compensation claims;

(3)

Collateral source recoveries for the Employee Health Benefits Plan as provided for by Section 768.76, Florida Statutes;

(4)

Attorney's fees and court cost claims arising from actual or potential litigation;

(5)

Article V criminal court costs and attorney fee awards;

(6)

Criminal bond remission and forfeiture actions;

(7)

Real property actions, such as eminent domain and inverse condemnation;

(8)

Property and easement acquisition;

(9)

Contract disputes;

(10)

Garnishment actions;

(11)

Billing and collection disputes with customers or suppliers of goods and services;

(12)

Compromise of bankruptcy claims;

(13)

In the context of mortgage foreclosure cases, liens for lot-clearing, code enforcement violations, other civil fines, and judgments of record;

(14)

Releases of paid assessment and time payment agreement liens;

(15)

Claims, suits or demands based on employment or civil rights laws; and

(16)

Permit fee disputes.

(b)

Any and all prior settlements, which may fall under the above delegated authority, are hereby ratified.

(c)

The county attorney is authorized to settle matters in the nature of those described in subsection (a) above, for up to thirty thousand dollars ($30,000.00) per claimant.

(d)

The county attorney may further delegate the authority granted in this section to such assistant county attorneys and risk management employees as in his or her judgment is required to ensure the efficient and ethical resolution of claims and suits by or against the county.

(e)

The county attorney shall present to the board for approval any proposed settlements which include terms or conditions which, in his or her judgment, are contrary to adopted legislative positions of the county, require the amendment of any county code or resolution, or otherwise entail policy questions regardless of the amount in controversy.

(f)

The county attorney shall include a summary of settlements made under this delegated authority to the board of county commissioners in his or her annual report.

(Ord. No. 16-26 , § 3, 10-25-16)

Editor's note

Ord. No. 16-26 , § 3, adopted Oct. 25, 2016, repealed the former § 2-2-35, and enacted a new § 2-2-35 as set out herein. The former § 2-2-35 pertained to similar subject matter and derived from Ord. No. 02-30, §§ 1—7, adopted Dec. 3, 2002.

Cross reference

Claims review and settlement procedure, § 2-2-207