No officer, employee, or agent of the State or any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event or omission of action in the scope of his employment or function unless such officer, employee or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton or willful disregard of human rights, safety or property.
Florida Statutes, 768.28(1), generally provides that:
Actions at law against the State or any of its agencies or subdivisions to recover damages in tort for money damages against the State or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of his office or employment under circumstances in which the State or such agency or subdivision, if a private person, would be liable to the claimant in accordance with the general laws of the State, may be prosecuted subject to the limitations specified in this act.
Any faculty member named in a civil action arising out of the performance of his or her duties or responsibilities should deliver directly to the Office of the General Counsel, upon receipt, any pleading, summons, subpoena or similar legal documents, in order that the Office might evaluate the rights and responsibilities of the affected faculty member. Where possible, personal delivery is recommended upon advance telephone notice.
Failure to notify the University, through this Office, in a timely fashion, may affect the rights of the parties and the ability of the University and the Board of Regents to defend any action.
Where a faculty member is named in a civil action in his or her individual capacity, or if it is otherwise alleged that he or she acted in bad faith, with malicious purpose or otherwise in a manner exhibiting wanton and willful disregard of human rights, safety or property, the faculty member may be advised to seek outside counsel to represent the faculty member, individually. In any event, a faculty member is free to consult and retain outside counsel to represent his or her interests in any civil litigation arising out of the performance of assigned duties and responsibilities.
Questions relevant to the limitations on personal liability should be directed to the Office of the General Counsel, 311 Hecht House.