CS/HB 1107

1
A bill to be entitled
2An act relating to sovereign immunity; amending s. 768.28,
3F.S.; providing that a subdivision of the state may pay a
4judgment in excess of statutory limits on the waiver of
5sovereign immunity without an act of the Legislature;
6providing that such payment in excess of the limits does
7not waive the subdivision's defense of sovereign immunity
8or increase the limits of its liability; providing limits
9on payments for cases in which one or more claimants seek
10a judgment or settlement against more than one
11subdivision, or against the state and one or more
12subdivisions, or against the state's agencies and one or
13more subdivisions; amending s. 768.28, F.S., effective
14October 1, 2011; increasing the statutory limits on
15liability; providing applicability; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Effective October 1, 2010, and applicable to
21claims arising on or after that date, subsection (5) of section
22768.28, Florida Statutes, is amended to read:
23     768.28  Waiver of sovereign immunity in tort actions;
24recovery limits; limitation on attorney fees; statute of
25limitations; exclusions; indemnification; risk management
26programs.-
27     (5)(a)  The state and its agencies and subdivisions shall
28be liable for tort claims in the same manner and to the same
29extent as a private individual under like circumstances, but
30liability shall not include punitive damages or interest for the
31period before judgment. Neither the state nor its agencies or
32subdivisions shall be liable to pay a claim or a judgment by any
33one person which exceeds the sum of $100,000 or any claim or
34judgment, or portions thereof, which, when totaled with all
35other claims or judgments paid by the state or its agencies or
36subdivisions arising out of the same incident or occurrence,
37exceeds the sum of $200,000. However, a judgment or judgments
38may be claimed and rendered in excess of these amounts and may
39be settled and paid pursuant to this act up to $100,000 or
40$200,000, as the case may be; and that portion of the judgment
41that exceeds these amounts may be reported to the Legislature,
42but may be paid in part or in whole only by further act of the
43Legislature. Notwithstanding the limited waiver of sovereign
44immunity provided in this paragraph herein, the state or an
45agency or subdivision thereof may agree, within the limits of
46insurance coverage provided, to settle a claim made or a
47judgment rendered against it without further action by the
48Legislature, but the state or agency or subdivision thereof
49shall not be deemed to have waived any defense of sovereign
50immunity or to have increased the limits of its liability as a
51result of its obtaining insurance coverage for tortious acts in
52excess of the $100,000 or $200,000 waiver provided above. The
53limitations of liability set forth in this paragraph subsection
54shall apply to the state and its agencies and subdivisions
55whether or not the state or its agencies or subdivisions
56possessed sovereign immunity before July 1, 1974.
57     (b)  A subdivision of the state shall be liable for tort
58claims in the same manner and to the same extent as a private
59individual under like circumstances, but liability shall not
60include punitive damages or interest for the period before
61judgment. A subdivision of the state shall not be liable to pay
62a claim or a judgment by any one person which exceeds the sum of
63$200,000 or any claim or judgment, or portions thereof, which,
64when totaled with all other claims or judgments paid by the
65subdivision of the state arising out of the same incident or
66occurrence, exceeds the sum of $400,000.
67     (c)  In any case where any one person seeks or where
68multiple claimants seek a judgment or settlement against more
69than one subdivision, or against the state and one or more
70subdivisions, or against the state's agencies and one or more
71subdivisions, or any combination thereof, the liability limits
72of this section shall apply so that the combined liability for
73all government entities when totaled together shall not exceed
74$200,000 to pay a claim or judgment out of the same incident to
75any one person, and shall not exceed $400,000 to pay multiple
76claims against the state or its agencies or subdivisions out of
77the same incident.
78     Section 2.  Effective October 1, 2011, and applicable to
79claims arising on or after that date, subsection (5) of section
80768.28, Florida Statutes, as amended by this act, is amended to
81read:
82     768.28  Waiver of sovereign immunity in tort actions;
83recovery limits; limitation on attorney fees; statute of
84limitations; exclusions; indemnification; risk management
85programs.-
86     (5)(a)  The state and its agencies shall be liable for tort
87claims in the same manner and to the same extent as a private
88individual under like circumstances, but liability shall not
89include punitive damages or interest for the period before
90judgment. Neither the state nor its agencies shall be liable to
91pay a claim or a judgment by any one person which exceeds the
92sum of $200,000 $100,000 or any claim or judgment, or portions
93thereof, which, when totaled with all other claims or judgments
94paid by the state or its agencies arising out of the same
95incident or occurrence, exceeds the sum of $400,000 $200,000.
96However, a judgment or judgments may be claimed and rendered in
97excess of these amounts and may be settled and paid pursuant to
98this act up to $200,000 $100,000 or $400,000 $200,000, as the
99case may be; and that portion of the judgment that exceeds these
100amounts may be reported to the Legislature, but may be paid in
101part or in whole only by further act of the Legislature.
102Notwithstanding the limited waiver of sovereign immunity
103provided in this paragraph, the state or an agency may agree,
104within the limits of insurance coverage provided, to settle a
105claim made or a judgment rendered against it without further
106action by the Legislature, but the state or agency shall not be
107deemed to have waived any defense of sovereign immunity or to
108have increased the limits of its liability as a result of its
109obtaining insurance coverage for tortious acts in excess of the
110$200,000 $100,000 or $400,000 $200,000 waiver provided above.
111The limitations of liability set forth in this paragraph shall
112apply to the state and its agencies whether or not the state or
113its agencies possessed sovereign immunity before July 1, 1974.
114     (b)  A subdivision of the state shall be liable for tort
115claims in the same manner and to the same extent as a private
116individual under like circumstances, but liability shall not
117include punitive damages or interest for the period before
118judgment. A subdivision of the state shall not be liable to pay
119a claim or a judgment by any one person which exceeds the sum of
120$250,000 $200,000 or any claim or judgment, or portions thereof,
121which, when totaled with all other claims or judgments paid by
122the subdivision of the state arising out of the same incident or
123occurrence, exceeds the sum of $1,000,000 $400,000.
124     (c)  In any case where any one person seeks or where
125multiple claimants seek a judgment or settlement against more
126than one subdivision, or against the state and one or more
127subdivisions, or against the state's agencies and one or more
128subdivisions, or any combination thereof, the liability limits
129of this section shall apply so that the combined liability for
130all government entities when totaled together shall not exceed
131$250,000 $200,000 to pay a claim or judgment out of the same
132incident to any one person, and shall not exceed $1,000,000
133$400,000 to pay multiple claims against the state or its
134agencies or subdivisions out of the same incident.
135     Section 3.  Except as otherwise expressly provided in this
136act, this act shall take effect October 1, 2010.


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