Florida Senate - 2018                                     SB 814
       
       
        
       By Senator Hukill
       
       
       
       
       
       14-00617-18                                            2018814__
    1                        A bill to be entitled                      
    2         An act relating to the court of claims; providing a
    3         directive to the Division of Law Revision and
    4         Information; creating s. 36.23, F.S.; providing a
    5         short title; creating s. 36.24, F.S.; establishing the
    6         Court of Claims; providing for venue; specifying that
    7         the court is headed by the Chief Judge of the Court of
    8         Claims; requiring the Governor to appoint court of
    9         claims judges from nominees recommended by a judicial
   10         nominating commission; providing that appointments to
   11         the court of claims are subject to Senate
   12         confirmation; authorizing the Governor to make
   13         temporary appointments to the court under certain
   14         circumstances; requiring a court of claims judge to
   15         reapply to the judicial nominating commission if
   16         seeking reappointment; creating s. 36.25, F.S.;
   17         providing for jurisdiction, procedure, and appeal of
   18         judgments and orders of the Court of Claims; providing
   19         for staggered terms for initial appointments to the
   20         judicial nominating commission and the Court of
   21         Claims; providing applicability; amending ss. 11.02,
   22         11.047, 25.382, 409.993, and 768.28, F.S.; conforming
   23         provisions to changes made by the act; repealing s.
   24         11.065, F.S., relating to claims against the state;
   25         providing a contingent effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. The Division of Law Revision and Information is
   30  directed to entitle chapter 36, Florida Statutes, as “Court of
   31  Claims.”
   32         Section 2. Section 36.23, Florida Statutes, is created to
   33  read:
   34         36.23 Short title.—Sections 36.23-36.25 may be cited as the
   35  “Court of Claims Act.”
   36         Section 3. Section 36.24, Florida Statutes, is created to
   37  read:
   38         36.24 Court of Claims established.—
   39         (1) Effective July 1, 2020, the Court of Claims is
   40  established. The court shall be located in Leon County. The
   41  court shall consist of three judges and be headed by the Chief
   42  Judge of the Court of Claims. A person may not serve as a court
   43  of claims judge unless he or she has been a member of The
   44  Florida Bar in good standing for the previous 5 years. A court
   45  of claims judge may not engage in the private practice of law
   46  during his or her term of office.
   47         (2) The Governor shall appoint a court of claims judge from
   48  a list of three persons nominated by a judicial nominating
   49  commission for the Court of Claims. Of the three judges, the
   50  Governor shall designate one judge as the Chief Judge of the
   51  Court of Claims. A court of claims judge shall be appointed for
   52  a term of 4 years. The judicial nominating commission shall be
   53  governed in accordance with s. 43.291.
   54         (3) Each initial appointment of a court of claims judge,
   55  including the chief judge, is subject to confirmation by the
   56  Senate. If the Senate votes to not confirm the appointment, the
   57  judicial nominating commission must reconvene as though a new
   58  vacancy had occurred. The commission may not renominate a person
   59  whose prior appointment to fill the same vacancy was not
   60  confirmed by the Senate. A court of claims judge is not subject
   61  to Senate confirmation if reappointed to subsequent terms of
   62  office without any break in service.
   63         (4) If a vacancy for a court of claims judge occurs while
   64  the Senate is not in session, the Governor may make a temporary
   65  appointment to fill such vacancy until the Legislature
   66  reconvenes for session.
   67         (5) A court of claims judge who wishes to seek
   68  reappointment must reapply to the judicial nominating commission
   69  before the expiration of his or her term of office.
   70         Section 4. Section 36.25, Florida Statutes, is created to
   71  read:
   72         36.25 Jurisdiction; procedure.—
   73         (1) The Court of Claims has jurisdiction to hear claims
   74  against the state or any of its agencies or subdivisions for
   75  tort actions for which sovereign immunity has been waived in
   76  which a claimant is seeking to satisfy payment of a judgment in
   77  excess of the limitations on damages imposed in s. 768.28(5).
   78         (2) An action against the state or any of its agencies or
   79  subdivisions shall be heard and determined by a panel of three
   80  judges. Concurrence of two members of the panel is necessary for
   81  any judgment or order.
   82         (3) Any judgment or order entered by the Court of Claims
   83  may be appealed to the First District Court of Appeal.
   84         Section 5. (1) In order to achieve staggered terms among
   85  initial appointments to the judicial nominating commission for
   86  the Court of Claims, the Governor shall appoint members to the
   87  commission in the following manner:
   88         (a) Of the four members appointed by the Governor selected
   89  from nominations submitted by the Board of Governors of The
   90  Florida Bar:
   91         1. Two appointments for terms ending July 1, 2020.
   92         2. Two appointments for terms ending July 1, 2022.
   93         (b) Of the five members appointed directly by the Governor:
   94         1. One appointment for a term ending July 1, 2020.
   95         2. Two appointments for terms ending July 1, 2021.
   96         3. Two appointments for terms ending July 1, 2023.
   97         (2) The judicial nominating commission shall submit its
   98  recommendations for nominees to the Court of Claims to the
   99  Governor by January 1, 2020. The Governor shall submit initial
  100  appointments for the Court of Claims to the Senate for
  101  consideration in the 2020 Regular Session of the Legislature.
  102         (3) In order to achieve staggered terms among the court of
  103  claims judges first appointed, one judge shall be appointed to a
  104  2-year term beginning July 1, 2020, one judge shall be appointed
  105  to a 3-year term beginning July 1, 2020, and the chief judge
  106  shall be appointed to a 4-year term beginning July 1, 2020.
  107         Section 6. Any tort claim brought against the state or its
  108  agencies or subdivisions for which sovereign immunity has been
  109  waived pursuant to s. 768.28, Florida Statutes, before July 1,
  110  2020, shall continue to be governed by the laws in effect on the
  111  date that such claim was filed. Judgments in excess of the
  112  limitations on damages imposed in s. 768.28(5), Florida
  113  Statutes, from a tort claim brought before July 1, 2020, may be
  114  submitted to the Legislature in accordance with s. 11.065,
  115  Florida Statutes.
  116         Section 7. Section 11.02, Florida Statutes, is amended to
  117  read:
  118         11.02 Notice of special or local legislation or certain
  119  relief acts.—The notice required to obtain special or local
  120  legislation or any relief act specified in s. 11.065 shall be by
  121  publishing the identical notice in each county involved in some
  122  newspaper as defined in chapter 50 published in or circulated
  123  throughout the county or counties where the matter or thing to
  124  be affected by such legislation shall be situated one time at
  125  least 30 days before introduction of the proposed law into the
  126  Legislature or, there being no newspaper circulated throughout
  127  or published in the county, by posting for at least 30 days at
  128  not less than three public places in the county or each of the
  129  counties, one of which places shall be at the courthouse in the
  130  county or counties where the matter or thing to be affected by
  131  such legislation shall be situated. Notice of special or local
  132  legislation shall state the substance of the contemplated law,
  133  as required by s. 10, Art. III of the State Constitution. Notice
  134  of any relief act specified in s. 11.065 shall state the name of
  135  the claimant, the nature of the injury or loss for which the
  136  claim is made, and the amount of the claim against the affected
  137  municipality’s revenue-sharing trust fund.
  138         Section 8. Subsection (2) of section 11.047, Florida
  139  Statutes, is amended to read:
  140         11.047 Contingency fees; prohibitions; penalties.—
  141         (2) No person may, in whole or in part, pay, give, or
  142  receive, or agree to pay, give, or receive, a contingency fee.
  143  However, this subsection does not apply to claims bills.
  144         Section 9. Subsection (1) of section 25.382, Florida
  145  Statutes, is amended to read:
  146         25.382 State courts system.—
  147         (1) As used in this section, “state courts system” means
  148  all officers, employees, and divisions of the Supreme Court,
  149  district courts of appeal, the Court of Claims, circuit courts,
  150  and county courts.
  151         Section 10. Paragraph (a) of subsection (2) and paragraph
  152  (a) of subsection (3) of section 409.993, Florida Statutes, are
  153  amended to read:
  154         409.993 Lead agencies and subcontractor liability.—
  155         (2) LEAD AGENCY LIABILITY.—
  156         (a) Other than an entity to which s. 768.28 applies, an
  157  eligible community-based care lead agency, or its employees or
  158  officers, except as otherwise provided in paragraph (b), shall,
  159  as a part of its contract, obtain a minimum of $1 million per
  160  occurrence with a policy period aggregate limit of $3 million in
  161  general liability insurance coverage. The lead agency must also
  162  require that staff who transport client children and families in
  163  their personal automobiles in order to carry out their job
  164  responsibilities obtain minimum bodily injury liability
  165  insurance in the amount of $100,000 per person per any one
  166  automobile accident, and subject to such limits for each person,
  167  $300,000 for all damages resulting from any one automobile
  168  accident, on their personal automobiles. In lieu of personal
  169  motor vehicle insurance, the lead agency’s casualty, liability,
  170  or motor vehicle insurance carrier may provide nonowned
  171  automobile liability coverage. This insurance provides liability
  172  insurance for an automobile that the lead agency uses in
  173  connection with the lead agency’s business but does not own,
  174  lease, rent, or borrow. This coverage includes an automobile
  175  owned by an employee of the lead agency or a member of the
  176  employee’s household but only while the automobile is used in
  177  connection with the lead agency’s business. The nonowned
  178  automobile coverage for the lead agency applies as excess
  179  coverage over any other collectible insurance. The personal
  180  automobile policy for the employee of the lead agency shall be
  181  primary insurance, and the nonowned automobile coverage of the
  182  lead agency acts as excess insurance to the primary insurance.
  183  The lead agency shall provide a minimum limit of $1 million in
  184  nonowned automobile coverage. In a tort action brought against
  185  such a lead agency or employee, net economic damages shall be
  186  limited to $2 million per liability claim and $200,000 per
  187  automobile claim, including, but not limited to, past and future
  188  medical expenses, wage loss, and loss of earning capacity,
  189  offset by any collateral source payment paid or payable. In any
  190  tort action brought against a lead agency, noneconomic damages
  191  shall be limited to $400,000 per claim. An action A claims bill
  192  may be brought on behalf of a claimant pursuant to s. 768.28 in
  193  the Court of Claims for any amount exceeding the limits
  194  specified in this paragraph. Any offset of collateral source
  195  payments made as of the date of the settlement or judgment shall
  196  be in accordance with s. 768.76. The lead agency is not liable
  197  in tort for the acts or omissions of its subcontractors or the
  198  officers, agents, or employees of its subcontractors.
  199         (3) SUBCONTRACTOR LIABILITY.—
  200         (a) A subcontractor of an eligible community-based care
  201  lead agency that is a direct provider of foster care and related
  202  services to children and families, and its employees or
  203  officers, except as otherwise provided in paragraph (b), must,
  204  as a part of its contract, obtain a minimum of $1 million per
  205  occurrence with a policy period aggregate limit of $3 million in
  206  general liability insurance coverage. The subcontractor of a
  207  lead agency must also require that staff who transport client
  208  children and families in their personal automobiles in order to
  209  carry out their job responsibilities obtain minimum bodily
  210  injury liability insurance in the amount of $100,000 per person
  211  in any one automobile accident, and subject to such limits for
  212  each person, $300,000 for all damages resulting from any one
  213  automobile accident, on their personal automobiles. In lieu of
  214  personal motor vehicle insurance, the subcontractor’s casualty,
  215  liability, or motor vehicle insurance carrier may provide
  216  nonowned automobile liability coverage. This insurance provides
  217  liability insurance for automobiles that the subcontractor uses
  218  in connection with the subcontractor’s business but does not
  219  own, lease, rent, or borrow. This coverage includes automobiles
  220  owned by the employees of the subcontractor or a member of the
  221  employee’s household but only while the automobiles are used in
  222  connection with the subcontractor’s business. The nonowned
  223  automobile coverage for the subcontractor applies as excess
  224  coverage over any other collectible insurance. The personal
  225  automobile policy for the employee of the subcontractor shall be
  226  primary insurance, and the nonowned automobile coverage of the
  227  subcontractor acts as excess insurance to the primary insurance.
  228  The subcontractor shall provide a minimum limit of $1 million in
  229  nonowned automobile coverage. In a tort action brought against
  230  such subcontractor or employee, net economic damages shall be
  231  limited to $2 million per liability claim and $200,000 per
  232  automobile claim, including, but not limited to, past and future
  233  medical expenses, wage loss, and loss of earning capacity,
  234  offset by any collateral source payment paid or payable. In a
  235  tort action brought against such subcontractor, noneconomic
  236  damages shall be limited to $400,000 per claim. An action A
  237  claims bill may be brought on behalf of a claimant pursuant to
  238  s. 768.28 in the Court of Claims for any amount exceeding the
  239  limits specified in this paragraph. Any offset of collateral
  240  source payments made as of the date of the settlement or
  241  judgment shall be in accordance with s. 768.76.
  242         Section 11. Subsection (5) of section 768.28, Florida
  243  Statutes, is amended to read:
  244         768.28 Waiver of sovereign immunity in tort actions;
  245  recovery limits; limitation on attorney fees; statute of
  246  limitations; exclusions; indemnification; risk management
  247  programs.—
  248         (5) The state and its agencies and subdivisions shall be
  249  liable for tort claims in the same manner and to the same extent
  250  as a private individual under like circumstances, but liability
  251  shall not include punitive damages or interest for the period
  252  before judgment. Neither the state nor its agencies or
  253  subdivisions shall be liable to pay a claim or a judgment by any
  254  one person which exceeds the sum of $200,000 or any claim or
  255  judgment, or portions thereof, which, when totaled with all
  256  other claims or judgments paid by the state or its agencies or
  257  subdivisions arising out of the same incident or occurrence,
  258  exceeds the sum of $300,000. However, a judgment or judgments
  259  may be claimed and rendered in excess of these amounts and may
  260  be settled and paid pursuant to this act up to $200,000 or
  261  $300,000, as the case may be; and that portion of the judgment
  262  that exceeds these amounts may be reported to the Legislature,
  263  but may be paid in part or in whole only by a judgment of the
  264  Court of Claims further act of the Legislature. Notwithstanding
  265  the limited waiver of sovereign immunity provided herein, the
  266  state or an agency or subdivision thereof may agree, within the
  267  limits of insurance coverage provided, to settle a claim made or
  268  a judgment rendered against it without further action by the
  269  Legislature, but the state or agency or subdivision thereof
  270  shall not be deemed to have waived any defense of sovereign
  271  immunity or to have increased the limits of its liability as a
  272  result of its obtaining insurance coverage for tortious acts in
  273  excess of the $200,000 or $300,000 waiver provided above. The
  274  limitations of liability set forth in this subsection shall
  275  apply to the state and its agencies and subdivisions whether or
  276  not the state or its agencies or subdivisions possessed
  277  sovereign immunity before July 1, 1974.
  278         Section 12. Section 11.065, Florida Statutes, is repealed.
  279         Section 13. This act shall take effect on the effective
  280  date of the amendment to the State Constitution proposed by SJR
  281  __ or a similar joint resolution having substantially the same
  282  specific intent or purpose, if such amendment to the State
  283  Constitution is approved at the general election held in
  284  November 2018 or at an earlier special election specifically
  285  authorized by law.