Florez v. Broward Sheriff's Office
Decision Date | 24 April 2019 |
Docket Number | No. 4D18-1189,4D18-1189 |
Citation | 270 So.3d 417 |
Parties | German FLOREZ, Appellant, v. BROWARD SHERIFF'S OFFICE and Howard Forman, in his official capacity as Clerk of Courts for Broward County, Appellees. |
Court | Florida District Court of Appeals |
Ryan C. Tyler, Mario R. Giommoni and Kimberly L. Boldt of Boldt Law Firm, Boca Raton, and Adam T. Dougherty of Dougherty Law Firm, P.A., Fort Lauderdale, for appellant.
Alexis Fields of Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Fort Lauderdale, for appellees.
Appellant, German Florez, sued the Broward Sheriff's Office ("BSO") for negligence and false arrest after BSO arrested and detained Appellant for ten days based on a previously executed warrant. In his complaint, Appellant alleged that although he was initially served with the warrant by BSO while either in court or inmate housing, BSO failed to follow its own protocol and, as a result, erroneously entered the executed warrant as active in its system. The court dismissed Appellant's lawsuit with prejudice, citing to case law establishing BSO did not owe Appellant a duty to ensure that the warrant was properly recorded in its system. We agree that BSO lacked such a duty and, therefore, Appellant could not state a cause of action for negligence. However, we do not agree that this lack of duty precluded Appellant from alleging a cause of action for the intentional tort of false arrest and, therefore, reverse and remand for further proceedings.
As Appellant's lawsuit was against a governmental agency, our analysis must necessarily begin with an overview of governmental tort liability. Generally speaking, the sovereign is immune for tort liability unless such immunity is expressly waived. Town of Gulf Stream v. Palm Beach Cty. , 206 So.3d 721, 725 (Fla. 4th DCA 2016) (). To that end, "[t]he State of Florida has waived sovereign immunity in tort actions for any act for which a private person under similar circumstances would be held liable." Henderson v. Bowden , 737 So.2d 532, 534–35 (Fla. 1999) (citing Art. X, § 13, Fla. Const.; § 768.28 Fla. Stat. (1995) ). However, before considering whether sovereign immunity bars a lawsuit, courts must first determine if there is tort liability to be immune from. See Wallace v. Dean , 3 So.3d 1035, 1044–45 (Fla. 2009) ; Pollock v. Fla. Dep't of Highway Patrol , 882 So.2d 928, 932 (Fla. 2004).
In order to establish that a defendant is liable for the tort of negligence, the claimant must establish that the defendant owed it a duty of care, which it breached, thereby causing the claimant harm. Williams v. Davis , 974 So.2d 1052, 1056 (Fla. 2007). The government's duties for purposes of negligence are dictated by the common law and statute. Trianon Park Condo. Ass'n v. City of Hialeah , 468 So.2d 912, 917 (Fla. 1985) (). Further, "[t]he responsibility to enforce the laws for the good of the public cannot engender a duty to act with care toward any one individual, unless an official assumes a special duty with regard to that person." Pollock , 882 So.2d at 935.
With these parameters in mind, it is well established that the government does not owe individual citizens a common law duty to convey accurate information or maintain accurate records. Glenney v. Forman , 936 So.2d 660, 662 (Fla. 4th DCA 2006) ( ); City of Dunedin v. Pirate's Treasure, Inc. , 255 So.3d 902, 905 (Fla. 2d DCA 2018) ( ). Therefore, absent the government's assumption of a special duty, the government's failure to maintain accurate records cannot form the basis of a negligence suit by a person affected by erroneous record keeping. Id. This is true even if the agency did not follow its own procedures. Pollock , 882 So.2d at 936–37.
For example, in the factually similar Lovett v. Forman , 883 So.2d 319, 320 (Fla. 4th DCA 2004), a defendant sued both the clerk of court and the sheriff's office in negligence after the clerk failed to make a computer entry which would have shown a warrant for the defendant's arrest was withdrawn. Based on the clerk's negligent record keeping, the defendant was wrongfully arrested and incarcerated for two months. Id. On appeal, this Court held that the defendant could not maintain a cause of action against the clerk or sheriff based on the clerk's error because the maintenance of records is a function undertaken by the government for the public generally and does not create a special duty. Id. at 320–21 ; see also Moore v. Dep't of Corr. , 833 So.2d 822, 823–24 (Fla. 4th DCA 2002) ( ); Holodak v. Lockwood , 726 So.2d 815, 816–17 (Fla. 4th DCA 1999) ( ); Layton v. Fla. Dep't of Highway Safety & Motor Vehicles , 676 So.2d 1038, 1041 (Fla. 1st DCA 1996) ( ).
Here, Appellant did not allege that BSO's negligence took place in the context of a special duty. Rather, Appellant alleged that BSO was negligent in "failing to properly record [Appellant's] voided warrant." This negligence did not implicate any duty separate and distinct from the duty owed by BSO to the public at large. Therefore, Appellant cannot allege a valid cause of action for negligence against BSO and the court properly dismissed this count.
The tort of false arrest1 is an intentional tort and, therefore, does not necessitate the same showing of duty requisite to a negligence claim.2 Jibory v. City of Jacksonville , 920 So.2d 666, 667 (Fla. 1st DCA 2005). Instead, it requires proof of "1) the unlawful detention and deprivation of liberty of a person 2) against that person's will 3) without legal authority or ‘color of authority’ and 4) which is unreasonable and unwarranted under the circumstances." Montejo v. Martin Mem'l Med. Ctr., Inc. , 935 So.2d 1266, 1268 (Fla. 4th DCA 2006).
When a claimant is arrested by an agency based on a facially sufficient and validly issued arrest warrant, that person cannot satisfy the elements of a false arrest claim because the warrant confers "legal authority" on the arresting agency.
Willingham , 929 So.2d at 50.3 This is true even if the warrant was erroneously issued by another entity but still appears to be facially valid to the arresting agency. Id. ( ); Andrews v. Fla. Parole Comm'n , 768 So.2d 1257, 1263 (Fla. 1st DCA 2000) ( ). The reason for this appears to be that law enforcement does not have the discretion to disregard a facially valid warrant issued by an entity authorized to issue warrants. Eslinger v. Shields , 91 So.3d 185, 186 (Fla. 5th DCA 2012) ( ).
However, if the warrant is void and thus facially invalid due to the conduct of the arresting agency, the analysis is different. In the factually similar Jibory , a plaintiff was arrested by the City of Jacksonville ("the City") on an outstanding warrant and then arrested by the City on the same warrant two years later. 920 So.2d at 666–67. The subsequent arrest was a result of the City's failure to delete the warrant from its system after the first arrest. Id. at 667. The court held that under these circumstances, the plaintiff could allege a cause of action for false arrest/imprisonment...
To continue reading
Request your trial-
Andrade v. Marceno
... ... County (Sheriff Marceno), and Lee County Sheriff's Office ... (LCSO) deputies Joseph Clark (Deputy Clark) and Earthen Brown ... and unwarranted under the circumstances.” Florez v ... Broward Sheriff's Off. , 270 So.3d 417, 421 (Fla. 4th ... ...
-
Irving v. John
...individual citizens a common 8 law duty to convey accurate information or maintain accurate records.” Florez v. Broward Sheriffs Off,, 270 So.3d 417, 420-21 (Fla. 4th DCA 2019); see Moore v. Dep't of Corr., 833 So.2d 822, 823-24 (Fla. 4th DCA 2002) (per curiam). Indeed, “[t]he responsibilit......
-
Townsend v. City of Boca Raton
... ... arraignment, the State Attorney's Office entered a ... “no file” and dismissed the criminal charges ... unwarranted under the circumstances.” Florez v ... Broward Sheriff's Office , 270 So.3d 417, 421 (Fla ... ...
-
Shaw v. Scerbo
...or 'color of authority' and 4) which is unreasonable and unwarranted under the circumstances." Florez v. Broward Sheriff's Off., 270 So.3d 417, 421 (Fla. 4th DCA 2019); City of Boca Raton v. Basso, 242 So.3d 1141, 1143 (Fla. 4th DCA 2018). Plaintiff has failed to allege a plausible claim fo......
-
Physical torts
...935 So.2d 1266, 1268–69 (Fla. 4th DCA 2006). PHYSICAL TORTS 12-11 Physical Torts §12:30 See Also 1. Florez v. Broward Sheriff’s Office , 270 So.3d 417, 421 (4th DCA 2019). 2. City of Boca Raton v. Basso, 242 So.3d 1141, 1142 (Fla. 4th DCA 2018). 3. Harder v. Edwards, 174 So.3d 524 (Fla. 4th......