HB 1107

1	A bill to be entitled
2	An act relating to sovereign immunity; amending s. 768.28,
3	F.S.; providing that a subdivision of the state may pay a
4	judgment in excess of statutory limits on the waiver of
5	sovereign immunity without an act of the Legislature if it
6	so chooses; providing that such payment in excess of the
7	limits does not waive the subdivision's defense of
8	sovereign immunity or increase the limits of its
9	liability; providing for an additional attorney fee in
10	certain circumstances; amending s. 768.28, F.S., effective
11	July 1, 2011; increasing the statutory limits on liability
12	and providing for annual indexing of the limits for
13	inflation; providing applicability; providing effective
14	dates.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Effective July 1, 2010, and applicable to
19	claims arising on or after that date, subsections (5) and (8) of
20	section 768.28, Florida Statutes, are amended to read:
21	768.28  Waiver of sovereign immunity in tort actions;
22	recovery limits; limitation on attorney fees; statute of
23	limitations; exclusions; indemnification; risk management
24	programs.-
25	(5)(a)  The state and its agencies and subdivisions shall
26	be liable for tort claims in the same manner and to the same
27	extent as a private individual under like circumstances, but
28	liability shall not include punitive damages or interest for the
29	period before judgment. Neither the state nor its agencies or
30	subdivisions shall be liable to pay a claim or a judgment by any
31	one person which exceeds the sum of $100,000 or any claim or
32	judgment, or portions thereof, which, when totaled with all
33	other claims or judgments paid by the state or its agencies or
34	subdivisions arising out of the same incident or occurrence,
35	exceeds the sum of $200,000. However, a judgment or judgments
36	may be claimed and rendered in excess of these amounts and may
37	be settled and paid pursuant to this act up to $100,000 or
38	$200,000, as the case may be; and that portion of the judgment
39	that exceeds these amounts may be reported to the Legislature,
40	but may be paid in part or in whole only by further act of the
41	Legislature. Notwithstanding the limited waiver of sovereign
42	immunity provided in this paragraph herein, the state or an
43	agency or subdivision thereof may agree, within the limits of
44	insurance coverage provided, to settle a claim made or a
45	judgment rendered against it without further action by the
46	Legislature, but the state or agency or subdivision thereof
47	shall not be deemed to have waived any defense of sovereign
48	immunity or to have increased the limits of its liability as a
49	result of its obtaining insurance coverage for tortious acts in
50	excess of the $100,000 or $200,000 waiver provided above. The
51	limitations of liability set forth in this paragraph subsection
52	shall apply to the state and its agencies and subdivisions
53	whether or not the state or its agencies or subdivisions
54	possessed sovereign immunity before July 1, 1974.
55	(b)  A subdivision of the state shall be liable for tort
56	claims in the same manner and to the same extent as a private
57	individual under like circumstances, but liability shall not
58	include punitive damages or interest for the period before
59	judgment. A subdivision of the state shall not be liable to pay
60	a claim or a judgment by any one person which exceeds the sum of
61	$100,000 or any claim or judgment, or portions thereof, which,
62	when totaled with all other claims or judgments paid by the
63	subdivision of the state arising out of the same incident or
64	occurrence, exceeds the sum of $200,000. Notwithstanding the
65	limited waiver of sovereign immunity provided in this paragraph,
66	a subdivision of the state may agree, within the limits of
67	insurance coverage provided or other available funds, to settle
68	a claim made or a judgment rendered against it without further
69	action by the Legislature. However, if the subdivision does not
70	agree to pay that portion of a settlement or a judgment rendered
71	against it which is in excess of the limits of liability
72	specified in this paragraph, in part or in whole, that portion
73	of the settlement or judgment which exceeds those amounts and is
74	not agreed to by the subdivision may be reported to the
75	Legislature, but may be paid by the subdivision in part or in
76	whole only by further act of the Legislature. The subdivision
77	shall not be deemed to have waived any defense of sovereign
78	immunity or to have increased the limits of its liability as a
79	result of its obtaining insurance coverage for tortious acts in
80	excess of the $100,000 or $200,000 waiver provided above or as a
81	result of its having agreed to a settlement or to pay a judgment
82	in an amount exceeding the limits of liability set forth in this
83	paragraph. The limitations of liability set forth in this
84	paragraph shall apply to subdivisions whether or not the
85	subdivision possessed sovereign immunity before July 1, 1974.
86	(8)  No attorney may charge, demand, receive, or collect,
87	for services rendered, fees in excess of 25 percent of any
88	judgment or settlement plus an additional 5 percent of any
89	recovery after the institution of any appellate proceeding is
90	filed or postjudgment or postsettlement relief or action is
91	required for recovery on the judgment or settlement.
92	Section 2.  Effective July 1, 2011, and applicable to
93	claims arising on or after that date, subsection (5) of section
94	768.28, Florida Statutes, as amended by this act, is amended to
95	read:
96	768.28  Waiver of sovereign immunity in tort actions;
97	recovery limits; limitation on attorney fees; statute of
98	limitations; exclusions; indemnification; risk management
99	programs.-
100	(5)(a)  The state and its agencies shall be liable for tort
101	claims in the same manner and to the same extent as a private
102	individual under like circumstances, but liability shall not
103	include punitive damages or interest for the period before
104	judgment. Neither the state nor its agencies shall be liable to
105	pay a claim or a judgment by any one person which exceeds the
106	sum specified in paragraph (c) of $100,000 or any claim or
107	judgment, or portions thereof, which, when totaled with all
108	other claims or judgments paid by the state or its agencies
109	arising out of the same incident or occurrence, exceeds the sum
110	of $200,000. However, a judgment or judgments may be claimed and
111	rendered in excess of that amount these amounts and may be
112	settled and paid pursuant to this act up to the amount specified
113	in paragraph (c) $100,000 or $200,000, as the case may be; and
114	that portion of the judgment that exceeds that amount these
115	amounts may be reported to the Legislature, but may be paid in
116	part or in whole only by further act of the Legislature.
117	Notwithstanding the limited waiver of sovereign immunity
118	provided in this paragraph, the state or an agency may agree,
119	within the limits of insurance coverage provided, to settle a
120	claim made or a judgment rendered against it without further
121	action by the Legislature, but the state or agency shall not be
122	deemed to have waived any defense of sovereign immunity or to
123	have increased the limits of its liability as a result of its
124	obtaining insurance coverage for tortious acts in excess of the
125	amount set forth in paragraph (c) $100,000 or $200,000 waiver
126	provided above. The limitations of liability set forth in this
127	paragraph shall apply to the state and its agencies whether or
128	not the state or its agencies possessed sovereign immunity
129	before July 1, 1974.
130	(b)  A subdivision of the state shall be liable for tort
131	claims in the same manner and to the same extent as a private
132	individual under like circumstances, but liability shall not
133	include punitive damages or interest for the period before
134	judgment. A subdivision of the state shall not be liable to pay
135	a claim or a judgment by any one person which exceeds the sum
136	specified in paragraph (c) of $100,000 or any claim or judgment,
137	or portions thereof, which, when totaled with all other claims
138	or judgments paid by the subdivision of the state arising out of
139	the same incident or occurrence, exceeds the sum of $200,000.
140	Notwithstanding the limited waiver of sovereign immunity
141	provided in this paragraph, a subdivision of the state may
142	agree, within the limits of insurance coverage provided or other
143	available funds, to settle a claim made or a judgment rendered
144	against it without further action by the Legislature. However,
145	if the subdivision does not agree to pay that portion of a
146	settlement or a judgment rendered against it which is in excess
147	of the amount limits of liability specified in this paragraph
148	(c), in part or in whole, that portion of the settlement or
149	judgment which exceeds that amount those amounts and is not
150	agreed to by the subdivision may be reported to the Legislature,
151	but may be paid by the subdivision in part or in whole only by
152	further act of the Legislature. The subdivision shall not be
153	deemed to have waived any defense of sovereign immunity or to
154	have increased the limits of its liability as a result of its
155	obtaining insurance coverage for tortious acts in excess of the
156	amount set forth in paragraph (c) $100,000 or $200,000 waiver
157	provided above or as a result of its having agreed to a
158	settlement or to pay a judgment in an amount exceeding the
159	amount limits of liability set forth in this paragraph (c). The
160	limitations of liability set forth in this paragraph shall apply
161	to subdivisions whether or not the subdivision possessed
162	sovereign immunity before July 1, 1974.
163	(c)1.  Effective July 1, 2011, and applicable to claims
164	made on or after that date, the limitation of liability for
165	purposes of this subsection shall be $250,000 per claim or
166	judgment by any one person.
167	2.  Effective July 1, 2012, and annually on each July 1
168	thereafter, the amount specified in subparagraph 1. shall be
169	adjusted to reflect the average of the change in the Consumer
170	Price Index for all urban consumers and the change in the
171	medical care component of the Consumer Price Index for all urban
172	consumers, issued by the Bureau of Labor Statistics of the
173	United States Department of Labor for the United States as a
174	whole for the immediately preceding calendar year.
175	Section 3.  Except as otherwise expressly provided in this
176	act, this act shall take effect July 1, 2010.

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