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 Miami - Dade County
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article I. IN GENERAL

  § 2-2. Suits for damages against the County; notice; settlement authority.  

Latest version.

  • (a)

    No suits shall be maintained against the County for damages to persons or property or for wrongful death arising out of any incident or occurrences unless noticed and filed as required by Section 768.28(6), Florida Statutes, as amended, with the Clerk of the County Commission, Suite 210, 111 N.W. First Street, Miami, Florida 33128.

    (b)

    As set forth in this subsection and to the extent allowable by general law, any claim or suit against the County may be settled or compromised by the County Manager and the County Attorney or their designees, if the Manager and Attorney determine that said settlement or compromise is in the best interests of Miami-Dade County after considering the legal liability of the County, the amount of damages claimed, potential litigation expenses, and potential financial exposure of the County, the precedential effect of any potential litigation, and the effect of the claim or suit upon County policies and practices. The settlement authority herein shall include any claim or suit authorized by the United States Code. The settlement of all claims shall be reported quarterly to the County Commission. There shall be prepared an administrative order which shall describe the manner by which the settlement authority granted by this subsection shall be administered and delegated. Such administrative order, when approved by the County Commission, shall have the force and effect of law.

    (c)

    The County Manager and County Attorney shall establish an administrative procedure for filing, review and settlement of claims. Upon receipt of notice of claim, the claimant shall be advised of the administrative procedure for the filing and presentation of claims. This shall include the name and address of the person injured, or of the owner of the property damaged, the date, time, place and circumstances of the injury or damage, the nature of the injury or damage, and the amount claimed as damages. The claimant shall supply all necessary documentation and information to support the injuries or damages alleged.

    (Ord. No. 58-16, § 1, 5-6-58; Ord. No. 60-5, § 1, 2-20-60; Ord. No. 68-25, § 1, 5-7-68; Ord. No. 73-17, § 1, 3-8-73; Ord. No. 76-21, § 1, 2-3-76; Ord. No. 78-84, § 1, 11-21-78; Ord. No. 79-7, § 1, 1-16-79; Ord. No. 81-115, § 1, 10-6-81; Ord. No. 825-102, § 1, 11-26-85)

    Annotations— AO 2-4; CAO 77-54(A).

Charter reference

Liability of county for torts and notices of suits against county for damages, § 8.03.