§ 2-2. Claims against the county.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them herein, unless the context clearly requires otherwise:

Board means the board of county commissioners of the county.

Chair means the chair person of the board.

Claim means a claim or demand for damages for personal injury, property damage, or wrongful death resulting from acts or omissions of the county or an employee or official of the county. The term also includes claims based upon alleged deprivations, under color of state law, or rights secured under the Federal Constitution or laws. The term also includes workers compensation claims.

Employee or official of the county means any person for whose act or omission the county is or may be legally liable.

(b)

All tort claims against the county shall be presented in accordance with the provisions of F.S. § 768.28, as same may be amended from time to time. Notice to the county shall be filed with:

Chairman, Board of County Commissioners

601 S.E. 25th Avenue

Ocala, Florida 34471

(c)

The county administrator shall investigate or cause to be investigated all claims for which proper notice is received. All claimants shall provide the name and address of the person injured or damaged, or the owner of the property damaged, the date, time, place and circumstances of the injury or damage, the names and addresses of witnesses to the incident, decision or event giving rise to the claim, the amount of damages claimed and the supporting documentation regarding same, and such other information as the county administrator may reasonably require to properly investigate the claim.

(d)

Subject to the limits specified in this section, the authorities specified herein may deny or settle and adjust claims, making payment therefor from funds designated by the board for such purposes. The county administrator and the county attorney are authorized to hire investigators, claims consultants, and such experts as may be necessary to properly investigate, analyze, adjust and defend such claims.

(e)

Upon a determination by the appropriate signatory, listed in [subsections] (1), (2) or (3), below, or by board resolution under [subsection] (4) below, that settlement of a claim is in the county's best interest, considering the legal liability of the county, the nature of the claim, the damages sought, the potential range of adverse judgment, the facts and circumstances giving rise to the claim, the precedent any potential judgment might set, the effect upon county policies and practices, and the cost of defense, claim settlements within the following limits may be approved by the following levels of authority:

(1)

Ten thousand dollars ($10,000.00) or less, upon written authorization signed by the county administrator or the risk manager.

(2)

Twenty-five thousand dollars ($25,000.00) or less, upon written authorization signed by the county administrator and the county attorney.

(3)

Fifty thousand dollars ($50,000.00) or less, upon written authorization signed by the county administrator, the county attorney, and the chair.

(4)

In excess of fifty thousand dollars ($50,000.00), upon the authority of a resolution adopted by the board.

Any settlement of claims pursuant to this subsection must be conditioned upon the execution of an appropriate release signed by the claimant(s), covering, as determined by the county attorney's office, county officials, employees, agents and contractors.

Notwithstanding the foregoing, any of the above-referenced authorized authorities (including board members) may not participate in a recommendation of settlement that would inure to the direct or indirect special private gain or loss of that individual, a relative of that individual or a business that is owned by that individual, or that employs or contracts with that individual, or is a partner with that individual, or where for any other reason, that individual is biased for or against the settlement for any reason unrelated to the considerations listed in this subsection.

(f)

With respect to any personal injury suffered by a member of the public or a county employee as a result of an accident that may be the basis for a claim as defined herein, the county administrator or the risk manager is authorized to pay up to five thousand dollars ($5,000.00) for the actual cost of medical care and treatment, upon presentation of proper bills, receipts or other appropriate documentation that would support a potential claim. Such payments may be made upon evaluation of the considerations listed in subsection (e), above, and shall not be construed as an admission of liability on the part of the county.

(g)

All claim settlements shall be reported to the board at the end of each quarter, with a summary of the claims experience provided at the end of the fiscal year.

(h)

There is hereby established a separate account for payment of claims, which shall be funded by the board each year, taking into account all pending claims, prior claims experience, available insurance coverages, and the recommendations of the county administrator regarding necessary reserves for payment of pending claims and costs of investigating and defending same.

(i)

Nothing herein shall be construed to create any liability on the part of the county, this section being intended to establish procedures for the handling of claims, not to create any rights or duties not otherwise existing under general law.

(Ord. No. 88-32, § 2, 8-2-88; Ord. No. 12-23, § 1, 10-2-2012)