Bill Text: FL H1107 | 2010 | Regular Session | Comm Sub

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Bill Title: Sovereign Immunity

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-04-19 - Placed on Special Order Calendar; Substituted CS/SB 2060; Laid on Table, companion bill(s) passed, see CS/SB 2060 (Ch. 2010-26) -HJ 00745 [H1107 Detail]

Download: Florida-2010-H1107-Comm_Sub.html

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CS/CS/HB 1107

1	A bill to be entitled
2	An act relating to sovereign immunity; amending s. 768.28,
3	F.S.; increasing the statutory limits on liability for
4	tort claims against the state and its agencies and
5	subdivisions; providing for application of the act to
6	claims arising on or after the effective date; providing
7	an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Subsection (5) of section 768.28, Florida
12	Statutes, is amended to read:
13	768.28 Waiver of sovereign immunity in tort actions;
14	recovery limits; limitation on attorney fees; statute of
15	limitations; exclusions; indemnification; risk management
16	programs.-
17	(5) The state and its agencies and subdivisions shall be
18	liable for tort claims in the same manner and to the same extent
19	as a private individual under like circumstances, but liability
20	shall not include punitive damages or interest for the period
21	before judgment. Neither the state nor its agencies or
22	subdivisions shall be liable to pay a claim or a judgment by any
23	one person which exceeds the sum of $200,000 $100,000 or any
24	claim or judgment, or portions thereof, which, when totaled with
25	all other claims or judgments paid by the state or its agencies
26	or subdivisions arising out of the same incident or occurrence,
27	exceeds the sum of $300,000 $200,000. However, a judgment or
28	judgments may be claimed and rendered in excess of these amounts
29	and may be settled and paid pursuant to this act up to $200,000
30	$100,000 or $300,000 $200,000, as the case may be; and that
31	portion of the judgment that exceeds these amounts may be
32	reported to the Legislature, but may be paid in part or in whole
33	only by further act of the Legislature. Notwithstanding the
34	limited waiver of sovereign immunity provided herein, the state
35	or an agency or subdivision thereof may agree, within the limits
36	of insurance coverage provided, to settle a claim made or a
37	judgment rendered against it without further action by the
38	Legislature, but the state or agency or subdivision thereof
39	shall not be deemed to have waived any defense of sovereign
40	immunity or to have increased the limits of its liability as a
41	result of its obtaining insurance coverage for tortious acts in
42	excess of the $200,000 $100,000 or $300,000 $200,000 waiver
43	provided above. The limitations of liability set forth in this
44	subsection shall apply to the state and its agencies and
45	subdivisions whether or not the state or its agencies or
46	subdivisions possessed sovereign immunity before July 1, 1974.
47	Section 2. This act shall take effect October 1, 2011, and
48	applies to claims arising on or after that date.

CODING: Words stricken are deletions; words underlined are additions.