Wagner v. Orange County

960 So. 2d 785, 2007 WL 1709537
CourtDistrict Court of Appeal of Florida
DecidedJune 15, 2007
Docket5D06-3311
StatusPublished
Cited by10 cases

This text of 960 So. 2d 785 (Wagner v. Orange County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagner v. Orange County, 960 So. 2d 785, 2007 WL 1709537 (Fla. Ct. App. 2007).

Opinion

960 So.2d 785 (2007)

Stacie WAGNER, Appellant,
v.
ORANGE COUNTY, Florida, et al., Appellees.

No. 5D06-3311.

District Court of Appeal of Florida, Fifth District.

June 15, 2007.
Rehearing Denied July 31, 2007.

*786 Dennis F. Wells, of Webb, Wells & Williams, P.A., Longwood, for Appellant.

Thomas B. Drage, County Attorney, and Joseph L. Passiatore, Senior Assistant County Attorney, Orange County Attorney's Office, Orlando, for Appellee, Orange County.

David B. Moffett, of Rissman, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellee, Rissman, et al.

PLEUS, C.J.

Stacie Wagner, plaintiff below, appeals from a final judgment which denied her action seeking access to records held by the defendants Orange County, Florida, and the County's outside law firm, Rissman, Barrett, Hurt, Donohue & McLain, P.A., (Rissman, Barrett). The issues on *787 appeal concern the interpretation of exemptions to the Public Records law contained at subsection 768.28(16)(b), and subsection 119.071(1)(d), Florida Statutes.

Wagner obtained a final judgment against Orange County in the amount of $900,880 in connection with the death of her 11-year-old daughter who was struck and killed by an Orange County Fire/Rescue vehicle. The County paid Wagner $100,000 pursuant to section 768.28, Florida Statutes, and Wagner has pursued the remainder of the judgment through a claim bill filed in the Florida legislature.

Prior to submission of the claim bill, Wagner's attorneys submitted two public records requests to review the litigation file held by the County's Risk Management Division and further sought, by way of public records request, the files of Rissman, Barrett, the private law firm which had represented the County in the wrongful death litigation. Both the County and Rissman, Barrett claimed privilege and exemption from production.

The trial court ultimately sided with the defendants, ruling that: (1) risk management claim files maintained by the County are exempt from production pursuant to a public records request based on a statutory exemption set forth in subsection 768.28(16)(b), and (2) the County's outside counsel was not required to produce its litigation file because of the protections afforded by subsection 119.071(1)(d), and Florida Rule of Civil Procedure 1.280(b)(5).

The issues in this case involve matters of statutory construction which are questions of law subject to de novo review. Maggio v. Fla. Dep't of Labor & Employment Sec., 899 So.2d 1074 (Fla.2005).

Subsection 768.28(16)(b), Florida Statutes, provides:

Claims files maintained by any risk management program administered by the state, its agencies and its subdivisions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution until termination of all litigation and settlement of all claims arising out of the same incident, although portions of the claims files may remain exempt, as otherwise provided by law. Claims files records may be released to other governmental agencies upon written request and demonstration of need; such records held by the receiving agency remain confidential and exempt as provided for in this paragraph.

The operative phrase of the subsection is "until termination of all litigation and settlement of all claims arising out of the same incident." Wagner maintains that this language exempts disclosure only during the litigation process and does not expressly encompass the claim bill process. Wagner points out that the Florida Constitution provides that the public shall have full access to government records and that while exemptions may be enacted by a two-thirds vote of each house of the legislature, Article 1, section 24, Florida Constitution, statutory exemptions restricting access to records are to be narrowly construed. WFTV, Inc. v. Sch. Bd. of Seminole County, 874 So.2d 48, 53 (Fla. 5th DCA 2004); Times Publ'g Co. v. State, 827 So.2d 1040, 1042 (Fla. 2d DCA 2002); Seminole County v. Wood, 512 So.2d 1000 (Fla. 5th DCA 1987).

The County maintains that the phrase "settlement of all claims arising out of the same incident," clearly encompasses a legislative claim bill and that alternatively, even if the language of subsection 768.28(16)(b) is ambiguous, the legislative intent underlying the enactment dictates that claims files be exempt from public records disclosure at least during the pendency of a claim bill.

*788 Analysis of this issue requires background on the nature of legislative claim bills. A claim bill is not an action at law, but rather is a legislative measure that directs the Chief Financial Officer of Florida, or if appropriate, a unit of local government, to pay a specific sum of money to a claimant to satisfy an equitable or moral obligation. Such obligations usually arise from the negligence of officers or employees of the State or local governmental agency. Legislative claim bills are utilized either after procurement of a judgment in an action at law or as a mechanism to avoid an action at law altogether. City of Miami v. Valdez, 847 So.2d 1005 (Fla. 3d DCA 2003). The amount awarded is based on the legislature's concept of fair treatment of a person who has been injured or damaged but who is without a complete judicial remedy or who is not otherwise compensable. Kahn, Legislative Claim Bills, Fla. B. Journal (April 1988). A claim bill is not obtainable by right upon the claimant's proof of entitlement, but rather is granted strictly as a matter of legislative grace. United Servs. Auto Ass'n v. Phillips, 740 So.2d 1205 (Fla. 2d DCA 1999). A claim bill must be presented to the legislature within four years "after the cause for relief accrued" and if a legislative relief act results, no additional claim for relief may be submitted to the legislature. § 11.065, Fla. Stat.

The legislature has set a cap on tort recovery from a governmental entity, in an action at law, at $100,000 per person and $200,000 per accident. § 768.28(5), Fla. Stat. Although an "excess" judgment may be entered, the statutory caps make it impossible, absent a special claim bill passed by the legislature, for a claimant to collect more than the caps provide. Breaux v. City of Miami Beach, 899 So.2d 1059 (Fla.2005).

The beneficiary of a claim bill recovers by virtue of its enactment, regardless of whether the governmental tortfeasor purchased liability insurance for the purpose of paying an excess judgment. Phillips. However, where the governmental tortfeasor has liability insurance in excess of $100,000, and the claimant receives compensation in excess of that statutory cap through a claim bill, the claim bill is paid with funds of the insured, not general revenue. Fla. Mun. Ins. Trust v. Village of Golf, 850 So.2d 544 (Fla. 4th DCA 2003). In other words, enactment of a claim bill may conceivably implicate available insurance in excess of the $100,000 cap contained in the statutory waiver of sovereign immunity.

Once a legislative claim bill is formally introduced, a special masters' hearing, quasi-judicial in nature, is conducted.[1]See Kahn, at 26. This hearing may at times resemble a trial during which the claimant offers testimony as well as documentary and physical evidence necessary to establish the claim. Trial records may be substituted for witness testimony. Witnesses who testify are sworn and subject to cross examination. Kahn, at 26. The responding agency may contest the claim and present its defense following the customary order of proof

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Cite This Page — Counsel Stack

Bluebook (online)
960 So. 2d 785, 2007 WL 1709537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-orange-county-fladistctapp-2007.