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2023-03-07 VI. E. Added Item Exhibit 5 E h; `+ 5 M I N U TE4L E m... ridded �- n VI. 1= 0 -i OF'OKFF��_ CITY OF OKEECHOBEE Okeechobee City Council o O y��� 55 SE THIRD AVENUE Mayor Dowling R. Watford, Jr. 1.7 m� Vice Mayor Monica Clark • �° o� OKEECHOBEE, FL 34974 Noel Chandler =a +,'�� Phone: (863)763-3372 Bob Jarriel '2 w�915� pit David McAuley ��9w,i www.cityofokeechobee.corn MEMORANDUM TO: Mayor Watford and City Council FROM: Gary Ritter, City Administrator Re: Additional Agenda Items DATE: March 7, 2023 Please add the following items to the agenda for the March 7, 2023, City Council Meeting: VI.` NEW BUSINESS Motion to approve letter to Florida Legislature regarding HB401 and SB604 which would essentially increase our sovereign immunity liability. oN1°K- _ CITY OF OKEECHOBEE Okeechobee City Council csTI otA�11, 55 SE THIRD AVENUE Mayor Dowling R. Watford, Jr. Vice Mayor Monica Clark • •• _,, o• OKEECHOBEE, FL 34974 Noel Chandler , •%$ Phone: (863)763-3372 Bob Jarriel :��y�;,,����� www.cilyofokeechobee.com David McCauley March 7, 2023 Dear Senator Erin Grall, Please allow this letter to serve as an urgent request on behalf of the City of Okeechobee regarding our urgent and grave concerns regarding current House Bill proposing to completely eliminate the Sovereign Immunity cap, and Senate Bill 604, proposing to increase the sovereign immunity cap from $200,000/$300,000 up to $400,000/$600,000, both of which are currently being evaluated in the Senate and House subcommittees. In addition, Senate Bill 604 and House Bill 401 seek to link the sovereign immunity tort cap limit to the Consumer Price Index (CPI) and which would essentially increase our sovereign immunity liability exposure each and every year going forward. The City of Okeechobee, through its self-insurance fund, also secures excess insurance above and beyond its self-insurance retention levels. Senate Bill 604 and House Bill 401 would therefore have both an adverse impact upon the City of Okeechobee both in an increased economic exposure for adverse civil judgments and/or settlements of tort claims but will also likely see a substantial increase in insurance premiums from our excess carriers. We therefore strongly ask and encourage you to oppose Senate Bill 604 and House Bill 401, or any subsequent amendment which would alter the City of Okeechobee's overall liability, economic exposures or increase the current sovereign immunity cap limits currently being imposed by Fla. Stat. § 768.28. These bills would have a significant fiscal impact on the state and local governments, including the City of Okeechobee, and would result in severely increased liability exposure for the following reasons: • Increased number of civil claims filed against local governmental entities; • Waiver of sovereign immunity and the sovereign immunity tort cap limit and permitting recovery of potentially unlimited monetary damages, including punitive damages; • Exposure to prevailing party attorney fees; • Exposure to prevailing party expert witness fees; • Exposure to punitive damage awards. Thank you again for allowing us this opportunity to speak with you and raise these dire concerns regarding these proposed Bills. Should you wish to speak further, please do not hesitate to contact me. I remain, Sincerely, Mayor Dowling Watford Jr. Cc: Governor DeSantis Ar °KFF• CITY OF OKEECHOBEE Okeechobee City Council Co' cys+. Mayor Dowling R. Watford, Jr. m; 55 SE THIRD AVENUE• Vice Mayor Monica Clark %o o OKEECHOBEE, FL 34974 Noel Chandler v„6; ao,/'�� Phone: (863)763-3372 Bob Jarriel ;�;;;,, .4 www.cityofokeechobee.com David McCauley March 7, 2023 Dear Representative Kaylee Tuck, Please allow this letter to serve as an urgent request on behalf of the City of Okeechobee regarding our urgent and grave concerns regarding current House Bill proposing to completely eliminate the Sovereign Immunity cap, and Senate Bill 604, proposing to increase the sovereign immunity cap from $200,000/$300,000 up to $400,000/$600,000, both of which are currently being evaluated in the Senate and House subcommittees. In addition, Senate Bill 604 and House Bill 401 seek to link the sovereign immunity tort cap limit to the Consumer Price Index (CPI) and which would essentially increase our sovereign immunity liability exposure each and every year going forward. The City of Okeechobee, through its self-insurance fund, also secures excess insurance above and beyond its self-insurance retention levels. Senate Bill 604 and House Bill 401 would therefore have both an adverse impact upon the City of Okeechobee both in an increased economic exposure for adverse civil judgments and/or settlements of tort claims but will also likely see a substantial increase in insurance premiums from our excess carriers. We therefore strongly ask and encourage you to oppose Senate Bill 604 and House Bill 401, or any subsequent amendment which would alter the City of Okeechobee's overall liability, economic exposures or increase the current sovereign immunity cap limits currently being imposed by Fla. Stat. § 768.28. These bills would have a significant fiscal impact on the state and local governments, including the City of Okeechobee, and would result in severely increased liability exposure for the following reasons: • Increased number of civil claims filed against local governmental entities; • Waiver of sovereign immunity and the sovereign immunity tort cap limit and permitting recovery of potentially unlimited monetary damages, including punitive damages; • Exposure to prevailing party attorney fees; • Exposure to prevailing party expert witness fees; • Exposure to punitive damage awards. Thank you again for allowing us this opportunity to speak with you and raise these dire concerns regarding these proposed Bills. Should you wish to speak further, please do not hesitate to contact me. I remain, Sincerely, Mayor Dowling Watford Jr. Cc: Governor DeSantis