Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016
REVISED October 25, 2016 - Regular Meeting
Agenda Item #43

Self-Insurance Ordinance Public Hearing

Briefing Provided Upon Request

Contact and/or Presenter Information

Mitchell Palmer, County Attorney, ext. 3750

Robert Eschenfelder, Chief Assistant County Attorney, ext. 3750

Linda Klasing, Risk Manager, ext. 3750

Action Requested
Motion to adopt Ordinance 16-26, revising Chapter 2-2 of the Manatee County Code as it relates to the county's self-insurance program and the county attorney.

Enabling/Regulating Authority
Section 768.28, Florida Statutes

Background Discussion

Section 768.28 of the Florida Statutes provides for a limited waiver of sovereign immunity for liability for torts committed by the State and its subdivisions, including its counties.

Section 768.28(16), Florida Statutes, authorizes counties to be self-insured, to enter into risk management programs, to purchase liability insurance, or to have any combination thereof, in anticipation of any claim or judgment that counties may be liable to pay.

Pursuant to this authority, since at least 1986, the Board of County Commissioners has had a self-insurance and risk management program.  The program was most recently revised by Ordinance 08-49 and codified at sections 2-2-201 through 2-2-211 of the Manatee County Code.  The program uses a combination of a self-insurance fund and commercial policies for catastrophic losses to provide insurance coverage for workers' compensation, general and professional liability, property damage and automobile claims.

Currently, the program provides most insurance coverage for County government as well as for the County's constitutional officers.  By virtue of an interlocal agreement with the Sarasota/Manatee Metropolitan Planning Organization (MPO), the program covers that agency as well.

The County's Risk Management Division is an operational arm of the County Attorney's Office (CAO) and is headed by a Risk Manager appointed by the County Attorney.  Based on a review of the current self-insurance code by the Risk Manager and lawyers in the CAO, the following necessary revisions and improvements to the current code were identified and incorporated into the attached Ordinance 16-26:

  • Elimination of outdated language concerning a safety manager
  • Clarification of the rights and responsibilities of the constitutional officers and other entities insured by the plan
  • Re-organization of the code and revision of a variety of its terms so as to clarify and simplify its terms
  • Remove provisions no longer consistent with Florida law or Risk Management Division practice

The Ordinance also increases the authority of the County Attorney to settle claims by $10,000. 

The County Attorney recommends adoption of Ordinance 16-26.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records

If adopted, please provide an approved and fully executed copy of the ordinance to each of  County Attorney Mitchell Palmer and Risk Manager Linda Klasing.

Please also provide a copy of the adopted ordinance to each constitutional officer as well as the Executive Director of the Sarasota/Manatee MPO.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Self Insurance Ordinance 2016 Final (10.24.16).pdf
Attachment:  Ordinance 16-26 - Notice of Public Hearing.pdf