Bill Text: FL S0472 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Suits Against the Government
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-08 - Died on Calendar [S0472 Detail]
Download: Florida-2024-S0472-Introduced.html
Bill Title: Suits Against the Government
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-03-08 - Died on Calendar [S0472 Detail]
Download: Florida-2024-S0472-Introduced.html
Florida Senate - 2024 SB 472 By Senator Brodeur 10-00448-24 2024472__ 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; increasing the statutory limits on 4 liability for tort claims against the state and its 5 agencies and subdivisions; prohibiting an insurance 6 policy from conditioning payment of benefits on the 7 enactment of a claim bill; specifying that the 8 limitations in effect on the date a final judgment is 9 entered apply to that claim; requiring the Department 10 of Financial Services to adjust the limitations on 11 tort liability annually beginning on a specified date; 12 revising exceptions relating to instituting actions on 13 claims against the state or one of its agencies or 14 subdivisions and to the statute of limitations for 15 such claims; reenacting ss. 29.0081, 39.8297, 45.061, 16 110.504, 111.071, 119.15, 125.01015, 163.01, 190.043, 17 213.015, 252.36, 252.51, 252.89, 252.944, 260.0125, 18 284.31, 284.38, 288.9625, 322.13, 324.022, 337.19, 19 341.302, 351.03, 373.1395, 375.251, 379.2293, 20 381.0056, 393.075, 394.9085, 395.1055, 395.50, 21 401.425, 403.0862, 403.706, 409.175, 409.993, 22 415.1103, 420.504, 420.507, 455.221, 455.32, 456.009, 23 456.048, 456.076, 458.320, 459.0085, 471.038, 472.006, 24 497.167, 513.118, 548.046, 556.106, 589.19, 616.242, 25 624.461, 624.462, 627.733, 627.7491, 723.0611, 26 741.316, 760.11, 766.1115, 766.112, 766.203, 766.207, 27 768.1315, 768.1335, 768.135, 768.1355, 768.1382, 28 768.295, 944.713, 946.5026, 946.514, 961.06, 984.09, 29 985.037, 1002.33, 1002.333, 1002.34, 1002.351, 30 1002.37, 1002.451, 1002.55, 1002.83, 1002.88, 1004.41, 31 1004.43, 1004.447, 1006.23, 1006.24, and 1006.261, 32 F.S., to incorporate the amendments made to s. 768.28, 33 F.S., in references thereto; providing applicability; 34 making technical changes; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Subsection (5), paragraph (a) of subsection (6), 39 and subsection (14) of section 768.28, Florida Statutes, are 40 amended to read: 41 768.28 Waiver of sovereign immunity in tort actions; 42 recovery limits; civil liability for damages caused during a 43 riot; limitation on attorney fees; statute of limitations; 44 exclusions; indemnification; risk management programs.— 45 (5)(a) The state and its agencies and subdivisions are 46shall beliable for tort claims in the same manner and to the 47 same extent as a private individual under like circumstances, 48 but liability mayshallnot include punitive damages or interest 49 for the period before judgment. Neither the state nor its 50 agencies or subdivisions areshall beliable to pay a claim or a 51 judgment by any one person which exceeds the sum of $400,000 52$200,000or any claim or judgment, or portions thereof, which, 53 when totaled with all other claims or judgments paid by the 54 state or its agencies or subdivisions arising out of the same 55 incident or occurrence, exceeds the sum of $600,000$300,000. 56 However, a judgment or judgments may be claimed and rendered in 57 excess of these amountsand may be settledand paid pursuant to 58 this act up to $400,000 or $600,000$200,000 or $300,000, as the 59 case may be; and that portion of the judgment that exceeds these 60 amounts may be reported to the Legislature, andbutmay be paid 61 in part or in wholeonlyby further act of the Legislature. 62 (b) Notwithstanding the limited waiver of sovereign 63 immunity provided in paragraph (a)herein, the state or an 64 agency or subdivision thereof may agree, within the limitsof65insurance coverage provided,to settle a claim made or a 66 judgment rendered against it in excess of the waiver provided in 67 paragraph (a) without further action by the Legislature, but the 68 state or agency or subdivision thereof mayshallnot be deemed 69 to have waived any defense of sovereign immunity or to have 70 increased the limits of its liability as a result of its 71 obtaining insurance coverage for tortious acts in excess of the 72$200,000or$300,000waiver provided in paragraph (a). An 73 insurance policy may not condition the payment of benefits, in 74 whole or in part, on the enactment of a claim billabove. 75 (c) The limitations of liability set forth in this 76 subsectionshallapply to the state and its agencies and 77 subdivisions regardless of whetheror notthe state or its 78 agencies or subdivisions possessed sovereign immunity before 79 July 1, 1974. 80 (d)(b)A municipality has a duty to allow the municipal law 81 enforcement agency to respond appropriately to protect persons 82 and property during a riot or an unlawful assembly based on the 83 availability of adequate equipment to its municipal law 84 enforcement officers and relevant state and federal laws. If the 85 governing body of a municipality or a person authorized by the 86 governing body of the municipality breaches that duty, the 87 municipality is civilly liable for any damages, including 88 damages arising from personal injury, wrongful death, or 89 property damages proximately caused by the municipality’s breach 90 of duty. The sovereign immunity recovery limits in paragraph (a) 91 do not apply to an action under this paragraph. 92 (e) When determining liability limits for a claim, the 93 limitations of liability in effect on the date a final judgment 94 is entered apply to the claim. 95 (f) Beginning July 1, 2025, and every July 1 thereafter, 96 the Department of Financial Services shall adjust the 97 limitations of liability in this subsection to reflect changes 98 in the Consumer Price Index for the Southeast or a successor 99 index as calculated by the United States Department of Labor. 100 (6)(a) An action may not be instituted on a claim against 101 the state or one of its agencies or subdivisions unless the 102 claimant presents the claim in writing to the appropriate 103 agency, and also, except as to any claim against a municipality, 104 county, or the Florida Space Authority, presents such claim in 105 writing to the Department of Financial Services, within 3 years 106 after such claim accrues and the Department of Financial 107 Services or the appropriate agency denies the claim in writing; 108 except that, if: 109 1. Such claim is for contribution pursuant to s. 768.31, it 110 must be so presented within 6 months after the judgment against 111 the tortfeasor seeking contribution has become final by lapse of 112 time for appeal or after appellate review or, if there is no 113 such judgment, within 6 months after the tortfeasor seeking 114 contribution has either discharged the common liability by 115 payment or agreed, while the action is pending against her or 116 him, to discharge the common liability;or117 2. Such action is for wrongful death, the claimant must 118 present the claim in writing to the Department of Financial 119 Services within 2 years after the claim accrues; or 120 3. Such action arises from a violation of s. 794.011 121 involving a victim who was younger than 16 years of age at the 122 time of the act, the claimant may present the claim in writing 123 at any time pursuant to s. 95.11(9). 124 (14) Every claim against the state or one of its agencies 125 or subdivisions for damages for a negligent or wrongful act or 126 omission pursuant to this section isshall beforever barred 127 unless the civil action is commenced by filing a complaint in 128 the court of appropriate jurisdiction within 4 years after such 129 claim accrues; except that: 130 (a) An action for contribution must be commenced within the 131 limitations provided in s. 768.31(4);, and132 (b) An action for damages arising from medical malpractice 133 or wrongful death must be commenced within the limitations for 134 such actions in s. 95.11(4); and 135 (c) An action arising from acts constituting a violation of 136 s. 794.011 involving a victim who was younger than 16 years of 137 age at the time of the act may be commenced at any time pursuant 138 to s. 95.11(9). 139 Section 2. Sections 29.0081, 39.8297, 45.061, 110.504, 140 111.071, 119.15, 125.01015, 163.01, 190.043, 213.015, 252.36, 141 252.51, 252.89, 252.944, 260.0125, 284.31, 284.38, 288.9625, 142 322.13, 324.022, 337.19, 341.302, 351.03, 373.1395, 375.251, 143 379.2293, 381.0056, 393.075, 394.9085, 395.1055, 395.50, 144 401.425, 403.0862, 403.706, 409.175, 409.993, 415.1103, 420.504, 145 420.507, 455.221, 455.32, 456.009, 456.048, 456.076, 458.320, 146 459.0085, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 147 589.19, 616.242, 624.461, 624.462, 627.733, 627.7491, 723.0611, 148 741.316, 760.11, 766.1115, 766.112, 766.203, 766.207, 768.1315, 149 768.1335, 768.135, 768.1355, 768.1382, 768.295, 944.713, 150 946.5026, 946.514, 961.06, 984.09, 985.037, 1002.33, 1002.333, 151 1002.34, 1002.351, 1002.37, 1002.451, 1002.55, 1002.83, 1002.88, 152 1004.41, 1004.43, 1004.447, 1006.23, 1006.24, and 1006.261, 153 Florida Statutes, are reenacted for the purpose of incorporating 154 the amendments made by this act to s. 768.28, Florida Statutes, 155 in references thereto. 156 Section 3. This act applies to claims accruing on or after 157 July 1, 2024. 158 Section 4. This act shall take effect July 1, 2024.