Policy Text
ORANGE COUNTY SHERIFF'S OFFICE
GENERAL ORDER
Effective Date: June 3, 2020 Amends - GO 4.6.0 (January 30, 2009 ) Number: 4.6.0
Distribution: All Personnel Review Month: May Reviewing Authority:
HRD / Employee Services
Subject: Agency Liabil ity Protection
This order consists of the following:
1. Purpose
2. Policy
3. Procedures
1. Purpose
The purpose of this policy is to verify protection to employees for actions or omissions
directly related to their employment.
2. Policy
It is the policy of the agency to provide liability protection for its employees for job -related
incidents through an external insurance provider. These programs operate in accordance
with FS 768.28 , which specifies waiver of sovereign immunity, including exclusions and
recovery limits.
3. Procedures
A. Liability coverage provided through these programs includes, but are not limited to,
the fol lowing categories:
1. False arrest
2. False imprisonment
3. Professional and malpractice liability
4. Erroneous service of civil papers
5. Civil rights
6. Adverse advertising liability
7. Completed operation hazards
8. Libel
9. Slander
10. Defamat ion of character
11. Discrimination
12. Wrongful eviction
13. Wrongful detention
14. Malicious prosecution
15. Humiliation
16. Negligence
17. Damaged property
18. Errors and omissions
19. General public liability
20. Assault and battery
352.0, Page 2
21. Personal and b odily injury
22. Excessive force
23. Federal civil rights claims under 42 U.S.C. § 1983
B. Coverage is provided in these risk categories to participants resulting from acts or
omissions of an officer, agent, employee, or servant of the Sheriff's Office ac ting in
good faith, and in the course and scope of their employment. Coverage does
include acts or omissions leading to personal injury, death, or property destruction,
as long as the employee is acting in good faith, and in the course and scope of
his/he r employment.
C. If sued as a member of the agency, employees are automatically covered under this
program. The plan provides legal counsel to the employee at no cost. Employees
personally served with a summons/complaint shall immediately deliver the
document to the agency's Legal Services. Legal Services employees shall
coordinate with Risk Management for assignment of an attorney to the case. The
agency's Risk Management or assigned outside attorney shall contact the employee
when he/she is needed fo r depositions, hearings, or trial. Employees shall not
discuss any aspect of the suit with anyone other than the assigned attorney, Legal
Services staff, or a representative of Risk Management.
D. Pursuant to FS 768.28 , sovereign immunity is waived in actions seeking recovery of
damages in tort. Liability limits for a claim or judgment by any one person will not
exceed $200,000 in State courts unless the claim involves a legislatively approved
claims bill. Suits brought in Federal court may exceed the $200,000 cap. The total
of all claims and judgment paid within State courts arising out of the same incident
or occurrence will not exceed $300,000 . No officer, employee, or agent of the
agency shall be held personally liable as a party defendant in action for injury or
damage suffered as a result of an act or omission in the scope of his/her
employment or function unless such of ficer, employee, or agent acted in bad faith,
or with malicious purpose, or manner exhibiting wanton, willful disregard of human
rights, safety and property. Further information and specifics relative to these
issues is included in FS 768.28 .
E. Questions pertaining to the agency's Liability Protection Policy should be addressed
to Legal Services or Human Resources, Risk Management .