Chris Nocco, in his official capacity as Sheriff of Pasco County v. Dakota Wilcox

Summary

The Florida Second District Court of Appeal held that a negligent training claim against the Sheriff of Pasco County was barred by sovereign immunity because decisions concerning whether and when to provide Baker Act training were discretionary, planning-level governmental functions. The court reversed the denial of summary judgment and remanded with instructions to grant the Sheriff's motion on the negligent training count.

Holdings

1. Decisions regarding how to train officers and when officers need to complete training involve fundamental policy and planning questions and are discretionary governmental functions barred by sovereign immunity.
2. A negligent-training claim based on failure to follow an established policy governing the timing of training may concern an operational function, but where no such policy or policy-required training failure is shown, the claim is barred by sovereign immunity.

Questions Presented

1. Whether the Sheriff's training decisions, including the timing of Baker Act training, were discretionary planning-level governmental functions protected by sovereign immunity.
2. Whether the absence of evidence that the Sheriff had an established policy governing the timing of Baker Act training required summary judgment for the Sheriff on the negligent-training claim.

Disposition

reversed_and_remanded