SOVEREIGN IMMUNITY, INDEMNITY AGREEMENTS, MUNICIPALITIES, COMPARATIVE FAULT SET OFF
Michael J. Roper
PGIT Panel Attorney
Bell, Leeper, & Roper, P.A.


On July 7, 2005, the Supreme Court of Florida issued an important decision regarding sovereign immunity in American Home Assurance Co., et al. v. National Railroad Passenger Corp., et al., 2005 WL 1580639 (Fla.).   The issue presented for the   Court’s consideration was whether a governmental entity, in this specific instance, a municipal authority, had the requisite authority to enter into a contract of indemnity with a private entity, whereby the governmental entity was required to indemnify and   hold   harmless the private entity, for any and all claims, whether in tort or in contract, including   claims arising out of   the private entity’s own negligence.   In the above suit, the governmental entity had entered into such a contract of indemnification, and was seeking to avoid the enforcement of that agreement, arguing that the agreement amounted to an impermissible and thus unenforceable waiver of its sovereign immunity.  Read the entire article . . .

 

Going, Going, Gone
George A. Helm III, Esquire
Public Entity Legal Solutions

Effective October 1, 2005 PGIT will no longer be providing workers' compensation medical care through a managed care arrangement.   Effective January 1, 1997, in workers' compensation cases all managed care was required to be provided through managed care arrangements.   Many employers and insurers, however, dodged the law because there were no enforcement provisions.   Effective October 1, 2001, the legislature amended the workers' compensation law to the effect that managed care was no longer mandatory.

The initial statutory amendment requiring managed care was supposed to lead to a decrease in medical costs.    Managed care was thought to reduce medical costs through increased control of medical care through medical personnel and not attorneys, insurance carriers, adjusters, etc.   Unfortunately, in most cases the savings never materialized.  

Before the legislature implemented managed care they studied it through pilot programs.  The study showed HMO type managed care arrangements resulted in significant cost savings.   This type of program involved capitated contracts, that is, a contract where a fixed amount is paid in advance for future medical services.  Read the entire article . . .

 
     
 

Driver Control.   How Does Your Policy Measure Up?
Mike Marinan
Director of Safety and Risk Management Public Risk Underwriters

One of the largest exposures to a public entity’s insurance program is the control and maintenance of fleet operations.   There are two major components of a fleet maintenance program, maintenance of vehicles and maintenance of drivers. This article addresses the latter. Read the entire article . . .

 

 

Additional Legislative Highlights Steve Roddenberry
Special Consultant
Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

Streetlight Liability

House Bill 135 was sponsored by Rep. Dwight Stansel (D-Live Oak).   The bill was passed by the Florida Legislature on May 4, 2005 and signed by Governor Jeb Bush on June 20, 2005.   This bill became law with the Governor’s signature. Read the entire article . . .

Deputy James M. Weaver Act


Senate Bill 656 was passed out of the Legislature on May 13, 2005.   It was signed by Governor Bush on June 1, 2005 and became effective on July 1, 2005.   The Deputy James M. Weaver Act was sponsored by Sen. Mike Haridopolis (R-Melbourne).   Its intent was to afford certain additional death benefits to the families of law enforcement officers who are accidentally killed at the scene of a traffic accident or while enforcing what is reasonably believed to be a traffic law or ordinance. Read the entire article . . .

State of Florida Beefs Up Funding For Investigations

“SUNSHINE CONNECTIONS” ONLINE TEACHER TOOLS LAUNCHED

 

Doing the Job Right in Orange City Mike Marinan
PGIT Safety and Risk Management Director
Public Risk Underwriters


The City of Orange City is a Volusia County community of approximately 7,200 residents and maintains a small town ambiance while offering all the amenities necessary for today’s fast-paced lifestyle.   Mr. Paul Johnson, Public Works Director, and Mr. Anson Chucci, Public Works Superintendent, are responsible for the department’s training and practice of working in a safety environment.   As a smaller community, it is always a challenge to maintain a viable and effective risk management program.   Orange City has been able to do so and is pleased to share the following success story with other PGIT members. Read the entire article . . .

Congratualations to Central Florida PRIMA Officers and Members. . .

 
     
 

A word from PGIT Board of Trustees Chair, Ed Wolf. . .

 

   
     
 

PGCS is proud to Announce Their Association with Amerisys

Preferred Governmental Claims Solutions is proud to announce our association with AmeriSys effective 07/01/05.   AmeriSys will be providing medical bill adjustment and medical case management services for PGCS.   Read the entire article . . .

Risk Advisory Board Mission Statement

The mission of the Risk Advisory Board is to assist, advise, and support the PGIT Board of Trustees and the Administrator in the process of improving products, services, and member relations in a positive, resourceful and cooperative manner.  
Read the entire article . . .

Risk Management Education Continues

Wednesday, December 7, 2005 through Friday, December 9, 2005
Sanford, Florida

PGIT and its Administrator, Public Risk Underwriters (PRU), firmly believe in the value of professional education.   Congratulations to the public sector risk managers who participated in the past two classes and earned Risk Management for Public Entity (RMPE) certification! Read the entire article . . .


   
     
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