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Insurance Coverage Provided

Chapter 284, Part II, Florida Statue, requires the Division of Risk Management to provide the following insurance coverages to all State of Florida agencies through the State Risk Management Trust Fund (the “Fund”), a self-insurance fund.

  • General Liability
  • Automobile Liability (including Off-Duty Law Enforcement use)
  • Federal Civil Rights (including Employment Discrimination)
  • Court-Awarded Attorney’s Fees

The Fund assesses state agencies an annual premium and intakes and adjusts claims filed on the coverages provided.

General Liability Coverage

This program provides general liability claims coverage in accordance with the General Liability Certificate of Coverage. The state is liable for damages for injury, death or loss of property caused by the negligence of its employees, agents or volunteers while acting within the course and scope of their employment or responsibilities. The self-insurance coverage includes:

  • Premises and Operations
  • Personal Injury
  • Professional Malpractice Liability

The program has the responsibility of investigating, evaluating, negotiating, defending and making appropriate disposition of claims/lawsuits filed against the state because of a negligent act or omission. Investigations of claims are conducted by staff and/or in concert with a contracted adjusting service. Defense of litigated claims is provided by the Attorney General’s Office, contract law firms or state agency attorneys.

In accordance with Chapter 768.28, Florida Statues, the limits of liability (under the waiver of sovereign immunity law) are $200,000 per person’s claim and $300,000 per occurrence for all claims occurring after 10/1/2011.

Automobile Liability Coverage

This program provides auto liability insurance in accordance with the Fleet Automobile Liability Certificate of Coverage for claims arising out of the ownership, maintenance or use of any owned, hired or non-owned automobile by an employee, agent or volunteer of the state, while acting within the course and scope of their employment or responsibilities. Our liability coverage is primary for state employees who drive their personal vehicle on state business.

The program is responsible for investigating, evaluating, negotiating and making appropriate disposition of any auto claims and lawsuits filed against the state. Investigations of claims are conducted by staff and/or in concert with a contracted adjusting service. Defense of litigated claims is provided by the Attorney General’s Office, contract law firms or state agency attorneys.

In accordance with Chapter 768.28, Florida Statues, the limits of liability (under the waiver of sovereign immunity law) for which the state may be sued are $200,000 per person’s claim and $300,000 for all claims occurring after 10/1/2011.

As of July 1, 2004, Risk Management has offered coverage for property damage to state vehicles sustained when these vehicles are being used in approved off-duty use by a law enforcement officer. Risk Management establishes a premium each year for this coverage and there is a $500 deductible per incident if the law enforcement officer is determined to be at fault. Coverage is provided per the terms of Addendum to Fleet Automobile Liability Certificate of Coverage for Off-Duty Law Enforcement Vehicle Property Damage.

Federal Civil Rights/Employment Discrimination Coverage 

This program provides federal civil rights and employment discrimination claims coverage in accordance with the Federal Civil Rights Liability and Employment Discrimination Coverage Certificate of Coverage. This coverage includes:

  • federal civil rights actions filed under 42 U.S.C. 1983 (and other similar federal statutes)
  • plaintiff attorney fees/awards (where so provided by the covered federal statutes)
  • employment discrimination actions filed under 42 U.S.C. 2000e, Title VII of the 1964 Civil Rights Act, as amended by the Civil Rights Act of 1991
  • the Florida Civil Rights Act of 1992, and other similar employment discrimination acts and statutes.

The program has the responsibility for investigating, evaluating, negotiating (settling), defending and making appropriate disposition of any covered action filed against state agencies, their employees, agents or volunteers. Investigations of claims are conducted by staff and/or in concert with contracted adjusting services. Defense of litigated claims is provided by the Attorney General’s Office, contract law firms or sate agency attorneys.

There are no monetary liability caps associated with federal civil rights actions. Title VII has a $300,000 cap for compensatory damages, while the Florida Civil Rights Act of 1992 has a $200,000 cap. Front and back pay (past and future salary amounts determined to be due from a state agency), and plaintiff attorney fees which a state agency becomes liable, can be paid under Title VII and The Florida Civil Rights Act of 1992 cases.

Court-Awarded Attorney Fees Coverage

This program provides coverage for court-awarded attorney fees in accordance with the Court Awarded Attorney Fees Certificate of Coverage. This coverage pays on behalf of the state, court-awarded attorney fees and costs in other proceedings (for which coverage is not afforded under s. 284.30, Florida Statues), in which the state is not a prevailing party. Risk Management has the right to participate in the defense of any suit or appeal with the respect to the payment of attorney fees.