§ 2-2-206. Liability coverage.
(a)
In no event will the self-insurance fund be liable in tort to one employee for the negligent or wrongful act of another employee covered by this article when both are working within the course and scope of their employment. In accordance with Section 440.11, Florida Statutes, the fund's liability under workers' compensation shall be an injured employee's sole remedy against the county.
(b)
The county shall not enter into any settlement agreement which includes payment of punitive damages.
(c)
Automobile liability.
(1)
Unless and until the Florida Supreme Court's holding in Rabideau v. State , 409 So.2d 1045 (Fla. 1982), that motor vehicles owned or leased by governmental entities are not "dangerous instrumentalities" is overruled or otherwise changed by operation of law so as to be binding on the county, the self-insurance fund will only be liable to third parties for negligent acts of employees driving covered autos in the course and scope of their employment, with the permission of appropriate county or elected officials. Only employees with a valid Florida driver's license, with the physical ability to drive, and who are in compliance with any legal and administrative standards established by the risk manager which may apply to the employee or vehicle being operated, are allowed to operate covered autos. Where there is a question as to a prospective driver's license status, operating abilities, or compliance status, department directors shall, and elected officials may, seek the assistance of the risk manager in determining whether the prospective driver should be permitted to drive a covered auto or on official business.
(2)
As a condition of automobile coverage, elected officials shall provide RMD a list of all owned, hired, or entrusted autos they wish to have covered under this article, and will update the list as requested by RMD.
(3)
The self-insurance fund coverage does not include accidents in which:
a.
The proximate cause of the injury to a third person was an act of an employee done in bad faith or with malicious purpose or in a manner exhibiting wanton or willful disregard of human rights, safety or property;
b.
An employee was operating an auto owned, hired, or entrusted by the county or an elected official, but was not acting within the course and scope of his or her employment with the county or the elected official at the time of the accident; provided, however, that employees driving take home autos with prior authorization from appropriate supervisors, policies, or general orders are not otherwise excluded from county automobile and general liability coverage while on call;
c.
A county-owned or hired auto is being driven by anyone other than an employee;
d.
The claimant was inside a covered auto, without the prior permission of an appropriate unit of county government or elected official supervisor, at the time the injury occurred; or
e.
The claimant was injured through collision with a third party who was being pursued by sheriff's deputies.
(4)
The RMD shall investigate all claims for property damage, personal injury or death caused by the acts or omissions of a county or elected official employee while operating a covered auto in the course and scope of his or her employment.
(5)
After a full investigation, the RMD shall either deny the claim or attempt to reach a fair and equitable settlement with the claimants at the earliest possible time, within the delegated settlement authority. No settlement shall occur until after a full investigation has been completed.
(6)
The risk manager, under the facts then known to him/her and based on reasonable inferences therefrom, shall ensure, prior to settlement, that:
a.
The settlement amount is fair and just compensation to the claimant for the injury, factoring in comparative negligence percentages, personal injury protection deductions and collateral source set-offs, if appropriate, and calculating the present value of future damages;
b.
The aggregate settlement amount per claimant (i.e., property damage, car rental, towing, storage, loss of use, bodily injury, lost wages, etc.) is within the authority levels;
c.
The settlement amounts, including structured settlements, are within the waiver of sovereign immunity limits of Section 768.28, Florida Statutes;
d.
The claimant has executed a written release, acceptable to the county attorney; and
e.
Appropriate subrogation, restitution, indemnity or insurance claims, if any, have been asserted.
(7)
The risk manager may require a claimant to provide up to three (3) written estimates from body or repair shops, or may rely on the findings of a professional appraiser. The risk manager shall consider such factors as after-market parts and depreciation of certain parts in determining appropriate repair costs.
(8)
The risk manager may arrange to pay a claimant or the claimant's insurer directly for property damage, or may agree to a direction of pay to a body or repair shop and then make payment to the shop upon receipt of an invoice after the work is completed.
(9)
If the claimant's auto is a "total loss" the risk manager shall coordinate with the claimant's auto insurer, and shall:
a.
Ensure that the appraised fair market value comports with accepted insurance industry standards; and
b.
Pay the fair market value or an appropriate portion thereof to the claimant or the claimant's insurer or attorney, subject to the following:
1.
If the claimant or the insurer wishes to salvage the vehicle, deduct the appropriate salvage value from the fair market value; or
2.
If the claimant or insurer does not wish to retain the totaled auto, obtain title from the claimant, apply for a salvage title, obtain two (2) fair market estimates and sell the totaled vehicle to the highest bidder and reimburse the self-insurance fund with the proceeds.
(10)
The risk manager may arrange to pay tow truck operators directly for the claimant's reasonable and customary towing and storage charges after an accident, or may arrange to reimburse the claimant or the claimant's insurer, for reasonable and customary charges.
(11)
The risk manager may arrange a rental car for a claimant whose auto is being repaired and pay the rental car company directly, or may reimburse a claimant or the claimant's insurer for reasonable and customary rental charges. The risk manager shall limit the time a rental car is authorized to a reasonable number of days, depending on circumstances, in accordance with customary automobile insurance industry practices.
(d)
General and professional liability.
(1)
Coverage for general liability includes liability for state and federal civil rights violations; common law and state and federal statutory torts, which do not involve the actual operation of an auto; negligent use of watercraft; wrongful acts by public officials or employees rendered in the discharge of their county or elected official duties; professional negligence; the acts or omissions of rescue and emergency medical service personnel; and pollution damage caused by the negligent acts or omissions of employees. Coverage does not include wrongful takings, inverse condemnation, or contract claims, and such claims shall be paid from the general fund or other appropriate funds.
(2)
An elected official, including the sheriff in his or her role as chief corrections officer of the county, may choose to be represented and defended by the county attorney's office against a general liability claim. If so, the risk manager shall investigate and adjust the claim, and the county attorney's office shall defend the claim on behalf of the elected official if litigation occurs. If in the course of litigation the county is named separately in the action, the county attorney's office will represent the county as well.
(3)
Should an elected official choose to be represented by outside counsel, the self-insurance fund shall not cover the costs of defending the claim, nor litigation, nor shall the fund be bound by or pay any judgments or any settlements to which the board did not agree in advance.
(4)
The self-insurance fund shall not cover injuries proximately caused by an employee's act or omission done in bad faith or with malicious purpose or in a manner exhibiting wanton or willful disregard of human rights, safety or property.
(5)
The self-insurance fund shall not cover an act or omission of an employee which did not occur in the course and scope of the employee's county employment, or which did not proximately cause the alleged injury, or which did not constitute a violation of a legal duty to the claimant.
(6)
Self-insurance fund coverage for general liability shall not include acts or omissions of the sheriff and his or her deputies, in their law enforcement role, nor for operation of the sheriff's aircraft, helicopters, and watercraft to the extent the sheriff elects to maintain commercial general liability coverage for himself/herself and his or her deputies, and for use of his or her aircraft and helicopters, and may include amounts sufficient to pay reasonable premiums for such coverage in his or her annual budget requests.
(7)
General liability coverage under this article shall extend to premises liability in county-owned or leased buildings, including all jail and detention facilities.
(8)
General liability coverage under this article shall extend to the sheriff, as chief corrections officer of the county, and to corrections officers employed by him or her, while acting pursuant to section 2-2-9 of this Code, including, but not limited to, supervision of inmates, road gangs and detainees.
(9)
Coverage for premises liability does not include injuries occurring during league or school-sponsored sporting events or in playgrounds and other recreational areas on county property unless one or more county employees had actual knowledge of the existence of a dangerous condition on the premises and took inadequate steps to mitigate the condition or warn of it.
(10)
Coverage for general liability does not include dangerous conditions created by natural causes or by third parties on county easements or rights-of-way unless one or more county employees had actual knowledge of the existence of a dangerous condition on county easements or right-of-way and took inadequate steps to mitigate the condition or warn of it.
(e)
Federal liability.
(1)
The board of county commissioners may authorize the self-insurance fund to pay valid judgments or negotiated settlements for federal causes of action above the state statutory limits without further action of the legislature.
(2)
Such payments shall be approved by the board in open session.
(Ord. No. 16-26 , § 2, 10-25-16)