83-RRESOLUTION NO. 83 ~.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, REQUESTING
~THE LEGTS~LATURE,TO TAKE'ACTIO~?RELATIiVE(TO
BUILDING OFFICIALS AND SOVEREIGN IMMUNITY.
WHEREAS, the Building officials Association of Florida
adopted Resolution No. 83 on February 28, 1983, concerning
sovereign immunity of municipalities, counties and state agencies
regarding building codes, inspections and permitting; and
WHEREAS, it should be the public policy of the State
of Florida that the inspection of permitting of any building
or plan by any municipality, county or state agency shall not
be construed in any court as a warranty of the physical condition
of such building or the adequacy of such plan; and
WHEREAS, the city of Boynton Beach has been advised
that an amendment to Florida Statute Section 553.73(5) has been
proposed.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The Mayor and city Council respectfully
urges members of the Florida State Legislature to strongly
support the proposed amendment to Chapter 553.73(5), which will
provide:
"The inspection or permitting of any building
or plan by any~ municipality, county or state
agency under the requirements of this chapter
shall not be construed in any court as a
warranty of the physical condition of such
building or the adequacy of such Plan. No
municipality, county or state agency nor any
employee thereof shall be liable in tort for
damages for any defect or hazardous or illegal
condition or inadequacy in such building or
plan, nor for any ~ailure of any component of
such building, which may occur subsequent to
such inspection or approval."
Section 2. That copies of this Resolution be forwarded
to members o~ the Florida State Legislature from Palm Beach
County°
1983.
PASSED AND ADOPTED this
ATTEST:
City -C/le~
(SEAL)
CITY OF BOYNTON BEACH, FLORIDA
V'c M~r
Council Member
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