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Florida Statute 284.30 | Lawyer Caselaw & Research
F.S. 284.30 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 284.30

The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS
Chapter 284
STATE RISK MANAGEMENT AND SAFETY PROGRAMS
View Entire Chapter
F.S. 284.30
284.30 State Risk Management Trust Fund; coverages to be provided.A state self-insurance fund, designated as the “State Risk Management Trust Fund,” is created to be set up by the Department of Financial Services and administered with a program of risk management, which fund is to provide insurance, as authorized by s. 284.33, for workers’ compensation, general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, benefits payable under s. 112.1816(2) to an employee of a state agency or department covered under s. 284.31, and court-awarded attorney fees in other proceedings against the state except for such awards in eminent domain or for inverse condemnation or for awards by the Public Employees Relations Commission. A party to a suit in any court, to be entitled to have his or her attorney fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Department of Financial Services; and thereafter the department shall be entitled to participate with the agency in the defense of the suit and any appeal thereof with respect to such fees.
History.s. 1, ch. 72-206; s. 67, ch. 79-40; s. 5, ch. 79-139; s. 2, ch. 83-159; s. 77, ch. 86-163; s. 203, ch. 95-148; s. 13, ch. 2000-122; s. 316, ch. 2003-261; s. 2, ch. 2021-113.

F.S. 284.30 on Google Scholar

F.S. 284.30 on Casetext

Amendments to 284.30


Arrestable Offenses / Crimes under Fla. Stat. 284.30
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 284.30.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE G. SCHAFFER,, 597 B.R. 777 (Bankr. E.D. Pa. 2019)

. . . He reports, however, that he had a $ 284.30 gain for the month based upon the unsubstantiated and illusory . . . Even with these errors, the Debtor's reported net cash flow of $ 284.30 for January still cannot be reconciled . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, Jr. v. DETZNER, 188 So. 3d 68 (Fla. Dist. Ct. App. 2016)

. . . such and by failing to serve the Department of Financial Services with the claim pursuant to section 284.30 . . . fees sufficed to put Appellees on notice, neither they nor the Coalition Appellants satisfied section 284.30 . . . copy of the post-judgment motions for fees does not excuse Appellants’ failure to abide by section 284.30 . . . As we have explained, “giving the notice required by section 284.30 is a condition precedent to the recovery . . .

STATE DEPARTMENT OF ECONOMIC OPPORTUNITY, v. CONSUMER RIGHTS, LLC,, 181 So. 3d 1239 (Fla. Dist. Ct. App. 2015)

. . . reasonable attorney’s fees because it failed to comply with the condition precedent required by section 284.30 . . . Section 284.30 provides: A state self-insurance fund, designated as the “State Risk Management Trust . . . CR also argues that even if section 284.30 applies to the Act, it is not a condition precedent. . . . However, this Court has found that “giving the notice required by section 284.30 is a condition precedent . . . As such, because the notice requirement of section 284.30 is a condition precedent that CR failed to . . .

VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 128 So. 3d 967 (Fla. Dist. Ct. App. 2013)

. . . Section 284.30 requires a “party to a suit in any court” claiming attorney’s fees against the state to . . . No court has ever held, however, that section 284.30 applies to administrative proceedings, and we decline . . . The section 284.30 notice requirement does not contemplate administrative proceedings, particularly those . . . Section 284.30, Florida Statutes does not apply to fee motions in administrative proceedings. . . . Servs., 511 So.2d 677, 678 (Fla. 1st DCA 1987) (holding section 284.30 "may be waived by one who fails . . .

N. S. J. S. a v. DEPARTMENT CHILDREN FAMILIES,, 119 So. 3d 558 (Fla. Dist. Ct. App. 2013)

. . . The lower court held that section 284.30, Florida Statutes (2012), required N.S. to provide notice to . . . DCF did not argue or allege N.S.’s noncompliance with section 284.30’s notice requirement in its motion . . . Courts in our state have held that section 284.30 requires notice to DFS as a condition precedent when . . . However, courts have not addressed whether section 284.30 requires notice to DFS for a claim for fees . . . Accordingly, we hold that section 284.30’s notice requirement — a party seeking attorney’s fees must . . .

L. J. JOHNSON, v. L. JARVIS, Jr., 107 So. 3d 428 (Fla. Dist. Ct. App. 2012)

. . . In the order, the trial court found that the term “attorney’s fees” as used in sections 284.30 and 284.31 . . . from recovering his appellate costs because he failed to comply with the notice requirement of section 284.30 . . . The appellant also argues that the notice requirement in section 284.30 does not apply to enforcement . . .

In MILLER, V., 381 B.R. 736 (Bankr. W.D. Ark. 2008)

. . . According to Form B22C, the Mathises have a monthly disposable income of $284.30, as reported on line . . . 58, resulting in a total disposable income amount of $17,058.00 ($284.30 X 60 months). . . .

HALE, v. DEPARTMENT OF REVENUE,, 973 So. 2d 518 (Fla. Dist. Ct. App. 2007)

. . . Insurance with a summons and a copy of her complaint at the commencement of this action pursuant to section 284.30 . . . DOR responded and, among other arguments, asserted that the Hales had failed to comply with section 284.30 . . . At the same time, DOR filed a motion to strike the demand for attorney’s fees based upon section 284.30 . . . Thus, DOR was not required to specifically allege noncompliance with section 284.30 in its answer. . . . Cordes, 644 So.2d 609, 610 (Fla. 1st DCA 1994)(holding that the state agency “timely raised § 284.30 . . .

ZABRISKIE, v. COURT ADMINISTRATION, FL, FL, FL FL,, 172 F. App'x 906 (11th Cir. 2006)

. . . . § 284.30. This fund covers all state departments and their employees. See Fla. Stat. . . .

GALLAGHER, v. C. DUPONT,, 918 So. 2d 342 (Fla. Dist. Ct. App. 2005)

. . . The Fund provides federal civil rights liability insurance for employees under section 284.30, Florida . . . Section 284.30 provides employees coverage for § 1983 civil rights judgments against them; whether that . . . fund to provide liability insurance to governmental agencies and employees in civil rights cases. § 284.30 . . .

BADILLO, v. THORPE,, 158 F. App'x 208 (11th Cir. 2005)

. . . Florida Statute § 284.30 established a “state self-insurance fund, designated as the ‘State Risk Management . . .

In VITAMINS ANTITRUST LITIGATION, 398 F. Supp. 2d 209 (D.C. Cir. 2005)

. . . MDL cases, C & H submitted time sheets reflecting 354.80 hours while Bainbridge & Straus submitted 284.30 . . .

V. CLEMONS, v. STATE RISK MANAGEMENT TRUST FUND, 870 So. 2d 881 (Fla. Dist. Ct. App. 2004)

. . . Section 284.30, Florida Statutes, establishes the Fund to provide insurance for certain claims, including . . .

D. GOODMAN, v. MARTIN COUNTY HEALTH DEPARTMENT,, 786 So. 2d 661 (Fla. Dist. Ct. App. 2001)

. . . denying attorney’s fees due to appellants’ failure to comply with the notice requirement of section 284.30 . . . The giving of section 284.30 notice is a condition precedent to the recovery of attorney’s fees against . . . Cordes, 644 So.2d 609, 610 (Fla. 1st DCA 1994) (holding that the state agency “timely raised § 284.30 . . . The stated purpose of section 284.30 is to allow the Department of Insurance “to participate with the . . . Section 284.30 puts all persons suing the state on the same footing. . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 284.30; see also Tuveson, 734 F.2d at 734 (“Responsibility for any judgment in this case against . . . Stat. § 284.30; see also Gamble v. . . . As to the Tribe’s claims that may fall outside of § 284.30, Florida law provides that neither the state . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 284.30; see also Tuveson, 734 F.2d at 734 (“Responsibility for any judgment in this case against . . . Stat. § 284.30; see also Gamble v. . . . As to the Tribe’s claims that may fall outside of § 284.30, Florida law provides that neither the state . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. CORDES,, 644 So. 2d 609 (Fla. Dist. Ct. App. 1994)

. . . Thus, section 284.30, Florida Statutes (1991), provides in pertinent part: A party to a suit in any court . . . Health and Rehabilitative Services, 511 So.2d 677 (Fla. 1st DCA 1987), the department timely raised § 284.30 . . .

J. TURNER, v. J. GALLAGHER,, 640 So. 2d 120 (Fla. Dist. Ct. App. 1994)

. . . See §§ 284.30-284.42, Fla.Stat. (1993). . . .

L. HEREDIA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 547 So. 2d 1007 (Fla. Dist. Ct. App. 1989)

. . . conclusion that recovery was barred by the plaintiff’s failure to conform to the requirements of section 284.30 . . . Section 284.30 provides: 284.30 Florida Casualty Insurance Risk Management Trust Fund; coverages to be . . .

FLORIDA DEPARTMENT OF INSURANCE, DIVISION OF RISK MANAGEMENT, v. M. TUVESON,, 543 So. 2d 245 (Fla. Dist. Ct. App. 1989)

. . . payable from the Florida Casualty Insurance Risk Management Trust Fund as a “general liability” under § 284.30 . . . court’s conclusion that appellee’s back pay and interest award constitute a “general liability” under § 284.30 . . .

FLORIDA MEDICAL CENTER, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 511 So. 2d 677 (Fla. Dist. Ct. App. 1987)

. . . We agree with HRS that the notice provisions of section 284.30 are similar to those provided in section . . . We are similarly of the view that the notice provisions of section 284.30 may be waived by one who fails . . . In holding that the notice requirement of section 284.30 may be waived, we are aware that Section 768.28 . . . (6)(b), Florida Statutes, is worded differently from section 284.30, in that — unlike the latter statute . . . Under the circumstances, we consider that a similar construction should be placed upon section 284.30 . . .

R. MATTINGLY, MATTINGLY, v. HECKLER,, 784 F.2d 258 (7th Cir. 1986)

. . . of the evidentiary hearing, the cash payment to a single individual eligible for SSI benefits was $284.30 . . .

CAMACHO, v. PERALES,, 786 F.2d 32 (2d Cir. 1986)

. . . commenced, the Federal benefit rates for eligible individuals and eligible couples were, respectively, $284.30 . . .

I. GAMBLE, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 779 F.2d 1509 (11th Cir. 1986)

. . . . § 284.30, et seq. (West Supp.1985). . . . Fla.Stat.Ann. § 284.30 (emphasis added). . . . Section 284.30 provides insurance in federal civil rights actions against the state. . . . However, by its words § 284.30 does no more than provide insurance to the extent that the state or its . . . insurance coverage in federal civil rights actions and court-awarded attorney’s fees provided in § 284.30 . . .

McKENZIE, v. M. HECKLER,, 602 F. Supp. 1150 (D. Minn. 1985)

. . . January of 1982 through July of 1982, she was awarded SSI of $264.70 from January to June 1982, and $284.30 . . .

B. SHINHOLSTER, v. GRAHAM,, 527 F. Supp. 1318 (N.D. Fla. 1981)

. . . Jan. 30, 1981), Judge Stafford stated: Upon careful consideration of Sections 768.28, 284.30, 284.31 . . . Specifically, Section 284.30, Florida Statutes, provides: There is created a Florida Casualty Insurance . . . Fla.Stat. § 284.30 (1979). . . . The legislative histories of Sections 284.30, 284.31, and, especially 284.38, support this construction . . . Finally, it is also noted that the language in Sections 284.30 and 284.31 which permits payment by the . . .