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.

The law is designed to substantially limit the liability of the State, its officers, agencies, or instrumentalities (or any public or electric utility that owns or maintains streetlights, security lights or other outdoor area lights) for civil damages for personal injury, wrongful death, or property damage arising from a malfunctioning streetlight.   This limitation on liability is irrespective of whether or not the malfunctioning streetlight is alleged or demonstrated to have contributed in any manner to a personal injury, wrongful death or property damage.   Certain maintenance and notice obligations are imposed on streetlight providers in order to avail themselves of this limit on liability.   Generally, the streetlight provider must establish procedures for responding to notices that a streetlight is not working.   These procedures must be communicated to customers and the general public.   Streetlight providers are required to repair non-working streetlights within 60 days of notification (longer periods are applicable when an emergency situation has been declared by federal, state or local authorities).  

Streetlight providers that comply with the notice procedures established in this new section of law, and that properly respond to consumers/customers that report inoperative or malfunctioning streetlights, shall not be held liable for civil damages arising out of an injury, death or property damage alleged or demonstrated to have been caused by the inoperative or malfunctioning streetlight.

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.

Senate Bill 626 amends Section 112.19, FS, such that the sum of $50,000, as adjusted pursuant to Subsection 112.19(2 )(j), FS, will be paid to the beneficiaries of a law enforcement officer accidentally killed at the scene of a traffic accident or while enforcing what is reasonably believed to be a traffic law or ordinance.   The employer of the law enforcement officer is responsible for the payment of this sum.  

The bill also amends what is commonly referred to as the Law Enforcement Officers’ Bill of Rights.   Part IV of Chapter 112, FS, grants law enforcement and correctional officers specific rights when under investigation by members of his or her employing agency.   The amendment provides that no disciplinary action can be undertaken by an agency against an officer if the investigation is not completed within 180 days after the agency receives notice of an allegation.   If disciplinary action is to be taken, a copy of the investigation and a notice of intent to take disciplinary action must be provided to the officer within the 180 days after such agency was advised of the misconduct.   The 180 days can be tolled if:

An investigation may be re-opened irrespective of the 180-day limitation if:

The preceding is a summary of these two bills and should not be relied upon as a comprehensive analysis of how these bills may effect your local government or agency.  Printable Copy

Father, Son Charged With Workers’ Compensation Fraud

 A father and his son are facing workers’ compensation fraud charges for allegedly not having the required workers’ compensation coverage for employees, resulting in more than $1 million in evaded premiums.   The arrests on Wednesday were the result of an investigation by the Department of Financial Services (DFS), Bureau of Workers’ Compensation Fraud.

John J. Reaves, Jr., 63, allegedly knew that his son, Shawn, 32, operator of O’Hara supplies, did not have workers’ compensation coverage for his employees, who provided labor for two companies owned by the elder Reaves, Southeast Enterprise Group and JR Deck Systems.   FCCI insured SE Enterprise Group and JR Deck Systems Inc., but incurred losses attributable to employees of O’Hara Supplies.

“Evading premiums puts employees at risk of not having the coverage they would need if they are injured on the job and shifts the cost burden to honest employers,” said Florida’s Chief Financial Officer Tom Gallagher, who oversees DFS. “A healthy workers’ compensation system is crucial to Florida’s economy, and we will continue to aggressively investigate instances of fraud and abuse.”

If convicted they each could face up to 30 years in prison. The case will be tried in Duval County by the Statewide Prosecutor’s Office in the Fourth Judicial Circuit of Florida.

Consumer eViews
FLORIDA CHIEF FINANCIAL OFFICER TOM GALLAGHER'S WEEKLY NEWSLETTER
Volume 2, Number 27, July 4, 2005  
 Printable Copy

The Florida Department of Education and Microsoft’s U. S. Partners in Learning, along with local community and educational leaders, kicked-off the first phase of a five-year, cutting-edge strategic partnership to provide relevant, on-line tools and information to those who can best affect change:   educators, administrators, parents, and students.

Through Sunshine Connections, teachers will have immediate and interactive access to classroom management tools, student performance data, collaboration and communication abilities with other teachers, curricular materials, and even professional development opportunities.

Among the first to participate are Bay County, Duval County, and Miami-Dade County School Districts, the Northeast Florida Educational Consortium member districts, and Indian River Community College.

In support of this program, the Governor’s office has stated, “Teachers are the bedrock of our state’s education system, sculpting the minds and futures of our children.   In Florida, we are deeply committed to addressing the needs of our education community by providing teachers with the tools to help them succeed.   This pioneering approach will free teachers of burdensome paperwork, allowing them to focus on teaching.”. Printable Copy