Florida Senate - 2020                                    SB 1302
       
       
        
       By Senator Flores
       
       
       
       
       
       39-01004A-20                                          20201302__
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; providing a short title; providing an
    4         exception to certain liability for the state and its
    5         agencies and subdivisions; increasing the statutory
    6         limits on liability for tort claims against the state
    7         and its agencies and subdivisions; conforming
    8         provisions to changes made by the act; revising when a
    9         state and its agencies and subdivisions may agree to
   10         settle a claim or judgment without further action from
   11         the Legislature; requiring that the limitations on
   12         tort liability be adjusted every year after a
   13         specified date; specifying that the limitations in
   14         effect on the date a final judgment is entered apply
   15         to that judgment; requiring certain final judgment
   16         amounts to be paid without further action by the
   17         Legislature; providing liability for claims arising as
   18         a result of certain acts or omissions by certain
   19         persons; prohibiting an insurance policy from
   20         conditioning the payment of benefits on the enactment
   21         of claims bills; amending ss. 29.0081, 39.8297,
   22         163.01, 252.36, 260.0125, 288.9625, 316.6146, 321.24,
   23         324.022, 381.0056, 403.0862, 456.048, 458.320,
   24         459.0085, 589.19, 616.242, 624.461, 624.462, 627.733,
   25         760.11, 766.1115, 766.118, 768.1315, 768.135, 944.713,
   26         984.09, 985.037, 1002.55, 1002.88, 1004.41, 1004.43,
   27         1004.447, and 1006.261, F.S.; conforming cross
   28         references; reenacting ss. 45.061, 110.504, 111.071,
   29         163.01(15)(k), 190.043, 213.015, 284.31, 284.38,
   30         337.19, 341.302, 373.1395, 375.251, 393.075, 403.706,
   31         409.993, 455.221, 455.32, 456.009, 472.006, 497.167,
   32         548.046, 556.106, 768.295, 946.5026, 946.514, 961.06,
   33         1002.33, 1002.333, 1002.34, 1002.77, and 1002.83,
   34         F.S., to incorporate the amendment made to s. 768.28,
   35         F.S.; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present subsections (1) through (20) of section
   40  768.28, Florida Statutes, are redesignated as subsections (2)
   41  through (21), respectively, a new subsection (1) is added to
   42  that section, and present subsection (5), paragraphs (a) and (b)
   43  of present subsection (9), and paragraph (a) of present
   44  subsection (16) of that section are amended, to read:
   45         768.28 Florida Fair Claims Act; waiver of sovereign
   46  immunity in tort actions; recovery limits; limitation on
   47  attorney fees; statute of limitations; exclusions;
   48  indemnification; risk management programs.—
   49         (1)This section may be cited as the “Florida Fair Claims
   50  Act.”
   51         (6)(a)(5) The state and its agencies and subdivisions shall
   52  be liable for tort claims in the same manner and to the same
   53  extent as a private individual under like circumstances, but
   54  liability shall not include punitive damages or interest for the
   55  period before judgment. Except as specified in paragraph (b),
   56  neither the state nor its agencies or subdivisions shall be
   57  liable to pay a claim or a judgment by any one person which
   58  exceeds the sum of $200,000 or any claim or judgment, or
   59  portions thereof, which, when totaled with all other claims or
   60  judgments paid by the state or its agencies or subdivisions
   61  arising out of the same incident or occurrence, exceeds the sum
   62  of $1 million $300,000. However, a judgment or judgments may be
   63  claimed and rendered in excess of this amount these amounts and
   64  may be settled and paid pursuant to this act up to $1 million
   65  $200,000 or $300,000, as the case may be; and that portion of
   66  the judgment that exceeds this amount these amounts may be
   67  reported to the Legislature, but may be paid in part or in whole
   68  only by further act of the Legislature. Notwithstanding the
   69  limited waiver of sovereign immunity provided herein, the state
   70  or an agency or subdivision thereof may agree, within the limits
   71  of insurance coverage provided, to settle a claim made or a
   72  judgment rendered against it in excess of $1 million without
   73  further action by the Legislature., but The state or agency or
   74  subdivision thereof may shall not be deemed to have waived any
   75  defense of sovereign immunity or to have increased the limits of
   76  its liability as a result of its obtaining insurance coverage
   77  for tortious acts in excess of the $1 million $200,000 or
   78  $300,000 waiver provided above. The limitations of liability set
   79  forth in this subsection shall apply to the state and its
   80  agencies and subdivisions whether or not the state or its
   81  agencies or subdivisions possessed sovereign immunity before
   82  July 1, 1974.
   83  
   84  Beginning July 1, 2021, and every July 1 thereafter, the
   85  limitations of liability in this paragraph shall be adjusted to
   86  reflect changes in the Consumer Price Index for the Southeast or
   87  a successor index as calculated by the United States Department
   88  of Labor. When determining liability limits for a claim, the
   89  limitations of liability in effect on the date a final judgment
   90  is entered apply to the claim.
   91         (b)The state and its agencies and subdivisions shall be
   92  liable to pay the final judgment amount for compensatory damages
   93  for claims in which an officer, employee, or agent of the state
   94  or its subdivisions, in the scope of her or his employment or
   95  function, committed the act in bad faith or with malicious
   96  purpose or in a manner exhibiting wanton and willful disregard
   97  of human rights, safety, or property. The limits in effect on
   98  the date a final judgment is entered apply to the judgment. The
   99  final judgment amount for compensatory damages for such claims
  100  shall be paid without further action by the Legislature.
  101         (10)(9)(a) No officer, employee, or agent of the state or
  102  of any of its subdivisions shall be held personally liable in
  103  tort or named as a party defendant in any action for any injury
  104  or damage suffered as a result of any act, event, or omission of
  105  action in the scope of her or his employment or function, unless
  106  such officer, employee, or agent acted in bad faith or with
  107  malicious purpose or in a manner exhibiting wanton and willful
  108  disregard of human rights, safety, or property. However, such
  109  officer, employee, or agent shall be considered an adverse
  110  witness in a tort action for any injury or damage suffered as a
  111  result of any act, event, or omission of action in the scope of
  112  her or his employment or function. The exclusive remedy for
  113  injury or damage suffered as a result of an act, event, or
  114  omission of an officer, employee, or agent of the state or any
  115  of its subdivisions or constitutional officers shall be by
  116  action against the governmental entity, or the head of such
  117  entity in her or his official capacity, or the constitutional
  118  officer of which the officer, employee, or agent is an employee,
  119  unless such act or omission was committed in bad faith or with
  120  malicious purpose or in a manner exhibiting wanton and willful
  121  disregard of human rights, safety, or property. The state or its
  122  subdivisions shall not be liable in tort for the acts or
  123  omissions of an officer, employee, or agent committed while
  124  acting outside the course and scope of her or his employment.
  125  However, the state or its subdivision shall be liable for
  126  compensatory damages pursuant to paragraph (6)(b) and the
  127  employee, officer, or agent of the state or its subdivision
  128  shall be liable for all damages for any injury or damage
  129  suffered as a result of any act or omission that the person, in
  130  the scope of her or his employment or function, or committed in
  131  bad faith or with malicious purpose or in a manner exhibiting
  132  wanton and willful disregard of human rights, safety, or
  133  property.
  134         (b) As used in this subsection, the term:
  135         1. “Employee” includes any volunteer firefighter.
  136         2. “Officer, employee, or agent” includes, but is not
  137  limited to, any health care provider when providing services
  138  pursuant to s. 766.1115; any nonprofit independent college or
  139  university located and chartered in this state which owns or
  140  operates an accredited medical school, and its employees or
  141  agents, when providing patient services pursuant to paragraph
  142  (11)(f) (10)(f); and any public defender or her or his employee
  143  or agent, including, among others, an assistant public defender
  144  and an investigator.
  145         (17)(16)(a) The state and its agencies and subdivisions are
  146  authorized to be self-insured, to enter into risk management
  147  programs, or to purchase liability insurance for whatever
  148  coverage they may choose, or to have any combination thereof, in
  149  anticipation of any claim, judgment, and claims bill which they
  150  may be liable to pay pursuant to this section. Agencies or
  151  subdivisions, and sheriffs, that are subject to homogeneous
  152  risks may purchase insurance jointly or may join together as
  153  self-insurers to provide other means of protection against tort
  154  claims, any charter provisions or laws to the contrary
  155  notwithstanding. An insurance policy may not condition the
  156  payment of benefits, in whole or in part, on the enactment of
  157  claims bills.
  158         Section 2. Paragraph (b) of subsection (2) of section
  159  29.0081, Florida Statutes, is amended to read:
  160         29.0081 County funding of additional court personnel.—
  161         (2) The agreement shall, at a minimum, provide that:
  162         (b) The personnel whose employment is funded under the
  163  agreement are hired, supervised, managed, and fired by personnel
  164  of the judicial circuit. The county shall be considered the
  165  employer for purposes of s. 440.10 and chapter 443. Employees
  166  funded by the county under this section and other county
  167  employees may be aggregated for purposes of a flexible benefits
  168  plan pursuant to s. 125 of the Internal Revenue Code of 1986.
  169  The judicial circuit shall supervise the personnel whose
  170  employment is funded under the agreement; be responsible for
  171  compliance with all requirements of federal and state employment
  172  laws, including, but not limited to, Title VII of the Civil
  173  Rights Act of 1964, Title I of the Americans with Disabilities
  174  Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
  175  Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
  176  440.105, and 440.205; and fully indemnify the county from any
  177  liability under such laws, as authorized by s. 768.28(20) s.
  178  768.28(19), to the extent such liability is the result of the
  179  acts or omissions of the judicial circuit or its agents or
  180  employees.
  181         Section 3. Paragraph (b) of subsection (2) of section
  182  39.8297, Florida Statutes, is amended to read:
  183         39.8297 County funding for guardian ad litem employees.—
  184         (2) The agreement, at a minimum, must provide that:
  185         (b) The persons who are employed will be hired, supervised,
  186  managed, and terminated by the executive director of the
  187  Statewide Guardian Ad Litem Office. The statewide office is
  188  responsible for compliance with all requirements of federal and
  189  state employment laws, and shall fully indemnify the county from
  190  any liability under such laws, as authorized by s. 768.28(20) s.
  191  768.28(19), to the extent such liability is the result of the
  192  acts or omissions of the Statewide Guardian Ad Litem Office or
  193  its agents or employees.
  194         Section 4. Paragraph (h) of subsection (3) of section
  195  163.01, Florida Statutes, is amended to read:
  196         163.01 Florida Interlocal Cooperation Act of 1969.—
  197         (3) As used in this section:
  198         (h) “Local government liability pool” means a reciprocal
  199  insurer as defined in s. 629.021 or any self-insurance program
  200  created pursuant to s. 768.28(17) s. 768.28(16), formed and
  201  controlled by counties or municipalities of this state to
  202  provide liability insurance coverage for counties,
  203  municipalities, or other public agencies of this state, which
  204  pool may contract with other parties for the purpose of
  205  providing claims administration, processing, accounting, and
  206  other administrative facilities.
  207         Section 5. Paragraph (l) of subsection (5) of section
  208  252.36, Florida Statutes, is amended to read:
  209         252.36 Emergency management powers of the Governor.—
  210         (5) In addition to any other powers conferred upon the
  211  Governor by law, she or he may:
  212         (l) Authorize the use of forces already mobilized as the
  213  result of an executive order, rule, or proclamation to assist
  214  the private citizens of the state in cleanup and recovery
  215  operations during emergencies when proper permission to enter
  216  onto or into private property has been obtained from the
  217  property owner. The provisions of s. 768.28(10) s. 768.28(9)
  218  apply to this paragraph.
  219         Section 6. Subsection (2) of section 260.0125, Florida
  220  Statutes, is amended to read:
  221         260.0125 Limitation on liability of private landowners
  222  whose property is designated as part of the statewide system of
  223  greenways and trails.—
  224         (2) Any private landowner who consents to designation of
  225  his or her land as part of the statewide system of greenways and
  226  trails pursuant to s. 260.016(2)(d) without compensation shall
  227  be considered a volunteer, as defined in s. 110.501, and shall
  228  be covered by state liability protection pursuant to s. 768.28,
  229  including s. 768.28(10) s. 768.28(9).
  230         Section 7. Subsection (2) and paragraph (g) of subsection
  231  (10) of section 288.9625, Florida Statutes, are amended to read:
  232         288.9625 Institute for Commercialization of Florida
  233  Technology.—
  234         (2) The purpose of the institute is to assist, without any
  235  financial support or specific appropriations from the state, in
  236  the commercialization of products developed by the research and
  237  development activities of an innovation business, including, but
  238  not limited to, those defined in s. 288.1089. The institute
  239  shall fulfill its purpose in the best interests of the state.
  240  The institute:
  241         (a) Is a corporation primarily acting as an instrumentality
  242  of the state pursuant to s. 768.28(3) s. 768.28(2), for the
  243  purposes of sovereign immunity;
  244         (b) Is not an agency within the meaning of s. 20.03(11);
  245         (c) Is subject to the open records and meetings
  246  requirements of s. 24, Art. I of the State Constitution, chapter
  247  119, and s. 286.011;
  248         (d) Is not subject to chapter 287;
  249         (e) Is governed by the code of ethics for public officers
  250  and employees as set forth in part III of chapter 112;
  251         (f) May create corporate subsidiaries; and
  252         (g) May not receive any financial support or specific
  253  appropriations from the state.
  254         (10) The private fund manager:
  255         (g) Is not a corporation primarily acting as an
  256  instrumentality of the state pursuant to s. 768.28(3) s.
  257  768.28(2), for the purposes of sovereign immunity.
  258         Section 8. Section 316.6146, Florida Statutes, is amended
  259  to read:
  260         316.6146 Transportation of private school students on
  261  public school buses and public school students on private school
  262  buses; agreement.—Private school students may be transported on
  263  public school buses and public school students may be
  264  transported on private school buses when there is mutual
  265  agreement between the local school board and the applicable
  266  private school. Any agreement for private school students to be
  267  transported on public school buses must be in accordance with
  268  ss. 768.28(10)(a) ss. 768.28(9)(a) and 316.6145. Any agreement
  269  for public school students to be transported on private school
  270  buses must be contingent on the private school bus driver’s
  271  having adequate liability insurance through his or her employer.
  272         Section 9. Subsection (5) of section 321.24, Florida
  273  Statutes, is amended to read:
  274         321.24 Members of an auxiliary to Florida Highway Patrol.—
  275         (5) Notwithstanding any other law to the contrary, any
  276  volunteer highway patrol troop surgeon appointed by the director
  277  of the Florida Highway Patrol and any volunteer licensed health
  278  professional appointed by the director of the Florida Highway
  279  Patrol to work under the medical direction of a highway patrol
  280  troop surgeon is considered an employee for purposes of s.
  281  768.28(10) s. 768.28(9).
  282         Section 10. Subsection (1) of section 324.022, Florida
  283  Statutes, is amended to read:
  284         324.022 Financial responsibility for property damage.—
  285         (1) Every owner or operator of a motor vehicle required to
  286  be registered in this state shall establish and maintain the
  287  ability to respond in damages for liability on account of
  288  accidents arising out of the use of the motor vehicle in the
  289  amount of $10,000 because of damage to, or destruction of,
  290  property of others in any one crash. The requirements of this
  291  section may be met by one of the methods established in s.
  292  324.031; by self-insuring as authorized by s. 768.28(17) s.
  293  768.28(16); or by maintaining an insurance policy providing
  294  coverage for property damage liability in the amount of at least
  295  $10,000 because of damage to, or destruction of, property of
  296  others in any one accident arising out of the use of the motor
  297  vehicle. The requirements of this section may also be met by
  298  having a policy which provides coverage in the amount of at
  299  least $30,000 for combined property damage liability and bodily
  300  injury liability for any one crash arising out of the use of the
  301  motor vehicle. The policy, with respect to coverage for property
  302  damage liability, must meet the applicable requirements of s.
  303  324.151, subject to the usual policy exclusions that have been
  304  approved in policy forms by the Office of Insurance Regulation.
  305  No insurer shall have any duty to defend uncovered claims
  306  irrespective of their joinder with covered claims.
  307         Section 11. Subsection (9) of section 381.0056, Florida
  308  Statutes, is amended to read:
  309         381.0056 School health services program.—
  310         (9) Any health care entity that provides school health
  311  services under contract with the department pursuant to a school
  312  health services plan developed under this section, and as part
  313  of a school nurse services public-private partnership, is deemed
  314  to be a corporation acting primarily as an instrumentality of
  315  the state solely for the purpose of limiting liability pursuant
  316  to s. 768.28(6) s. 768.28(5). The limitations on tort actions
  317  contained in s. 768.28(6) s. 768.28(5) shall apply to any action
  318  against the entity with respect to the provision of school
  319  health services, if the entity is acting within the scope of and
  320  pursuant to guidelines established in the contract or by rule of
  321  the department. The contract must require the entity, or the
  322  partnership on behalf of the entity, to obtain general liability
  323  insurance coverage, with any additional endorsement necessary to
  324  insure the entity for liability assumed by its contract with the
  325  department. The Legislature intends that insurance be purchased
  326  by entities, or by partnerships on behalf of the entity, to
  327  cover all liability claims, and under no circumstances shall the
  328  state or the department be responsible for payment of any claims
  329  or defense costs for claims brought against the entity or its
  330  subcontractor for services performed under the contract with the
  331  department. This subsection does not preclude consideration by
  332  the Legislature for payment by the state of any claims bill
  333  involving an entity contracting with the department pursuant to
  334  this section.
  335         Section 12. Subsection (4) of section 403.0862, Florida
  336  Statutes, is amended to read:
  337         403.0862 Discharge of waste from state groundwater cleanup
  338  operations to publicly owned treatment works.—
  339         (4) The limitation on damages provided by s. 768.28(6) s.
  340  768.28(5) shall not apply to any obligation or payment which may
  341  become due under this section.
  342         Section 13. Paragraph (a) of subsection (2) of section
  343  456.048, Florida Statutes, is amended to read:
  344         456.048 Financial responsibility requirements for certain
  345  health care practitioners.—
  346         (2) The board or department may grant exemptions upon
  347  application by practitioners meeting any of the following
  348  criteria:
  349         (a) Any person licensed under chapter 457, s. 458.3475, s.
  350  459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
  351  chapter 467 who practices exclusively as an officer, employee,
  352  or agent of the Federal Government or of the state or its
  353  agencies or its subdivisions. For the purposes of this
  354  subsection, an agent of the state, its agencies, or its
  355  subdivisions is a person who is eligible for coverage under any
  356  self-insurance or insurance program authorized by the provisions
  357  of s. 768.28(17) s. 768.28(16) or who is a volunteer under s.
  358  110.501(1).
  359         Section 14. Paragraph (a) of subsection (5) of section
  360  458.320, Florida Statutes, is amended to read:
  361         458.320 Financial responsibility.—
  362         (5) The requirements of subsections (1), (2), and (3) do
  363  not apply to:
  364         (a) Any person licensed under this chapter who practices
  365  medicine exclusively as an officer, employee, or agent of the
  366  Federal Government or of the state or its agencies or its
  367  subdivisions. For the purposes of this subsection, an agent of
  368  the state, its agencies, or its subdivisions is a person who is
  369  eligible for coverage under any self-insurance or insurance
  370  program authorized by the provisions of s. 768.28(17) s.
  371  768.28(16).
  372         Section 15. Paragraph (a) of subsection (5) of section
  373  459.0085, Florida Statutes, is amended to read:
  374         459.0085 Financial responsibility.—
  375         (5) The requirements of subsections (1), (2), and (3) do
  376  not apply to:
  377         (a) Any person licensed under this chapter who practices
  378  medicine exclusively as an officer, employee, or agent of the
  379  Federal Government or of the state or its agencies or its
  380  subdivisions. For the purposes of this subsection, an agent of
  381  the state, its agencies, or its subdivisions is a person who is
  382  eligible for coverage under any self-insurance or insurance
  383  program authorized by the provisions of s. 768.28(17) s.
  384  768.28(16).
  385         Section 16. Paragraph (e) of subsection (4) of section
  386  589.19, Florida Statutes, is amended to read:
  387         589.19 Creation of certain state forests; naming of certain
  388  state forests; Operation Outdoor Freedom Program.—
  389         (4)
  390         (e)1. A private landowner who provides land for designation
  391  and use as an Operation Outdoor Freedom Program hunting site
  392  shall have limited liability pursuant to s. 375.251.
  393         2. A private landowner who consents to the designation and
  394  use of land as part of the Operation Outdoor Freedom Program
  395  without compensation shall be considered a volunteer, as defined
  396  in s. 110.501, and shall be covered by state liability
  397  protection pursuant to s. 768.28, including s. 768.28(10) s.
  398  768.28(9).
  399         3. This subsection does not:
  400         a. Relieve any person of liability that would otherwise
  401  exist for deliberate, willful, or malicious injury to persons or
  402  property.
  403         b. Create or increase the liability of any person.
  404         Section 17. Paragraph (c) of subsection (9) of section
  405  616.242, Florida Statutes, is amended to read:
  406         616.242 Safety standards for amusement rides.—
  407         (9) INSURANCE REQUIREMENTS.—
  408         (c) The insurance requirements imposed under this
  409  subsection do not apply to a governmental entity that is covered
  410  by the provisions of s. 768.28(17) s. 768.28(16).
  411         Section 18. Section 624.461, Florida Statutes, is amended
  412  to read:
  413         624.461 Definition.—For the purposes of the Florida
  414  Insurance Code, “self-insurance fund” means both commercial
  415  self-insurance funds organized under s. 624.462 and group self
  416  insurance funds organized under s. 624.4621. The term “self
  417  insurance fund” does not include a governmental self-insurance
  418  pool created under s. 768.28(17) s. 768.28(16).
  419         Section 19. Subsection (6) of section 624.462, Florida
  420  Statutes, is amended to read:
  421         624.462 Commercial self-insurance funds.—
  422         (6) A governmental self-insurance pool created pursuant to
  423  s. 768.28(17) s. 768.28(16) shall not be considered a commercial
  424  self-insurance fund.
  425         Section 20.  Paragraph (b) of subsection (3) of section
  426  627.733, Florida Statutes, is amended to read:
  427         627.733 Required security.—
  428         (3) Such security shall be provided:
  429         (b) By any other method authorized by s. 324.031(2) or (3)
  430  and approved by the Department of Highway Safety and Motor
  431  Vehicles as affording security equivalent to that afforded by a
  432  policy of insurance or by self-insuring as authorized by s.
  433  768.28(17) s. 768.28(16). The person filing such security shall
  434  have all of the obligations and rights of an insurer under ss.
  435  627.730-627.7405.
  436         Section 21. Subsection (5) of section 760.11, Florida
  437  Statutes, is amended to read:
  438         760.11 Administrative and civil remedies; construction.—
  439         (5) In any civil action brought under this section, the
  440  court may issue an order prohibiting the discriminatory practice
  441  and providing affirmative relief from the effects of the
  442  practice, including back pay. The court may also award
  443  compensatory damages, including, but not limited to, damages for
  444  mental anguish, loss of dignity, and any other intangible
  445  injuries, and punitive damages. The provisions of ss. 768.72 and
  446  768.73 do not apply to this section. The judgment for the total
  447  amount of punitive damages awarded under this section to an
  448  aggrieved person shall not exceed $100,000. In any action or
  449  proceeding under this subsection, the court, in its discretion,
  450  may allow the prevailing party a reasonable attorney attorney’s
  451  fee as part of the costs. It is the intent of the Legislature
  452  that this provision for attorney attorney’s fees be interpreted
  453  in a manner consistent with federal case law involving a Title
  454  VII action. The right to trial by jury is preserved in any such
  455  private right of action in which the aggrieved person is seeking
  456  compensatory or punitive damages, and any party may demand a
  457  trial by jury. The commission’s determination of reasonable
  458  cause is not admissible into evidence in any civil proceeding,
  459  including any hearing or trial, except to establish for the
  460  court the right to maintain the private right of action. A civil
  461  action brought under this section shall be commenced no later
  462  than 1 year after the date of determination of reasonable cause
  463  by the commission. The commencement of such action shall divest
  464  the commission of jurisdiction of the complaint, except that the
  465  commission may intervene in the civil action as a matter of
  466  right. Notwithstanding the above, the state and its agencies and
  467  subdivisions shall not be liable for punitive damages. The total
  468  amount of recovery against the state and its agencies and
  469  subdivisions shall not exceed the limitation as set forth in s.
  470  768.28(6) s. 768.28(5).
  471         Section 22. Subsection (4) and paragraphs (a) and (b) of
  472  subsection (12) of section 766.1115, Florida Statutes, are
  473  amended to read:
  474         766.1115 Health care providers; creation of agency
  475  relationship with governmental contractors.—
  476         (4) CONTRACT REQUIREMENTS.—A health care provider that
  477  executes a contract with a governmental contractor to deliver
  478  health care services on or after April 17, 1992, as an agent of
  479  the governmental contractor is an agent for purposes of s.
  480  768.28(10) s. 768.28(9), while acting within the scope of duties
  481  under the contract, if the contract complies with the
  482  requirements of this section and regardless of whether the
  483  individual treated is later found to be ineligible. A health
  484  care provider shall continue to be an agent for purposes of s.
  485  768.28(10) s. 768.28(9) for 30 days after a determination of
  486  ineligibility to allow for treatment until the individual
  487  transitions to treatment by another health care provider. A
  488  health care provider under contract with the state may not be
  489  named as a defendant in any action arising out of medical care
  490  or treatment provided on or after April 17, 1992, under
  491  contracts entered into under this section. The contract must
  492  provide that:
  493         (a) The right of dismissal or termination of any health
  494  care provider delivering services under the contract is retained
  495  by the governmental contractor.
  496         (b) The governmental contractor has access to the patient
  497  records of any health care provider delivering services under
  498  the contract.
  499         (c) Adverse incidents and information on treatment outcomes
  500  must be reported by any health care provider to the governmental
  501  contractor if the incidents and information pertain to a patient
  502  treated under the contract. The health care provider shall
  503  submit the reports required by s. 395.0197. If an incident
  504  involves a professional licensed by the Department of Health or
  505  a facility licensed by the Agency for Health Care
  506  Administration, the governmental contractor shall submit such
  507  incident reports to the appropriate department or agency, which
  508  shall review each incident and determine whether it involves
  509  conduct by the licensee that is subject to disciplinary action.
  510  All patient medical records and any identifying information
  511  contained in adverse incident reports and treatment outcomes
  512  which are obtained by governmental entities under this paragraph
  513  are confidential and exempt from the provisions of s. 119.07(1)
  514  and s. 24(a), Art. I of the State Constitution.
  515         (d) Patient selection and initial referral must be made by
  516  the governmental contractor or the provider. Patients may not be
  517  transferred to the provider based on a violation of the
  518  antidumping provisions of the Omnibus Budget Reconciliation Act
  519  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
  520  chapter 395.
  521         (e) If emergency care is required, the patient need not be
  522  referred before receiving treatment, but must be referred within
  523  48 hours after treatment is commenced or within 48 hours after
  524  the patient has the mental capacity to consent to treatment,
  525  whichever occurs later.
  526         (f) The provider is subject to supervision and regular
  527  inspection by the governmental contractor.
  528         (g) As an agent of the governmental contractor for purposes
  529  of s. 768.28(10) s. 768.28(9), while acting within the scope of
  530  duties under the contract, a health care provider licensed under
  531  chapter 466 may allow a patient, or a parent or guardian of the
  532  patient, to voluntarily contribute a monetary amount to cover
  533  costs of dental laboratory work related to the services provided
  534  to the patient. This contribution may not exceed the actual cost
  535  of the dental laboratory charges.
  536  
  537  A governmental contractor that is also a health care provider is
  538  not required to enter into a contract under this section with
  539  respect to the health care services delivered by its employees.
  540         (12) APPLICABILITY.—This section applies to incidents
  541  occurring on or after April 17, 1992. This section does not:
  542         (a) Apply to any health care contract entered into by the
  543  Department of Corrections which is subject to s. 768.28(11)(a)
  544  s. 768.28(10)(a).
  545         (b) Apply to any affiliation agreement or other contract
  546  that is subject to s. 768.28(11)(f) s. 768.28(10)(f).
  547         Section 23. Paragraph (c) of subsection (6) of section
  548  766.118, Florida Statutes, is amended to read:
  549         766.118 Determination of noneconomic damages.—
  550         (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
  551  PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
  552  RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
  553  respect to a cause of action for personal injury or wrongful
  554  death arising from medical negligence of a practitioner
  555  committed in the course of providing medical services and
  556  medical care to a Medicaid recipient, regardless of the number
  557  of such practitioner defendants providing the services and care,
  558  noneconomic damages may not exceed $300,000 per claimant, unless
  559  the claimant pleads and proves, by clear and convincing
  560  evidence, that the practitioner acted in a wrongful manner. A
  561  practitioner providing medical services and medical care to a
  562  Medicaid recipient is not liable for more than $200,000 in
  563  noneconomic damages, regardless of the number of claimants,
  564  unless the claimant pleads and proves, by clear and convincing
  565  evidence, that the practitioner acted in a wrongful manner. The
  566  fact that a claimant proves that a practitioner acted in a
  567  wrongful manner does not preclude the application of the
  568  limitation on noneconomic damages prescribed elsewhere in this
  569  section. For purposes of this subsection:
  570         (c) The term “wrongful manner” means in bad faith or with
  571  malicious purpose or in a manner exhibiting wanton and willful
  572  disregard of human rights, safety, or property, and shall be
  573  construed in conformity with the standard set forth in s.
  574  768.28(10)(a) s. 768.28(9)(a).
  575         Section 24. Paragraph (c) of subsection (2) of section
  576  768.1315, Florida Statutes, is amended to read:
  577         768.1315 Good Samaritan Volunteer Firefighters’ Assistance
  578  Act; immunity from civil liability.—
  579         (2) DEFINITIONS.—As used in this section, the term:
  580         (c) “State agency or subdivision” shall have the meaning
  581  provided in s. 768.28(3) s. 768.28(2).
  582  
  583  Nothing in this section shall be construed as a waiver of
  584  sovereign immunity.
  585         Section 25. Subsection (4) of section 768.135, Florida
  586  Statutes, is amended to read:
  587         768.135 Volunteer team physicians; immunity.—
  588         (4) As used in this section, the term “wrongful manner”
  589  means in bad faith or with malicious purpose or in a manner
  590  exhibiting wanton and willful disregard of human rights, safety,
  591  or property, and shall be construed in conformity with the
  592  standard set forth in s. 768.28(10)(a) s. 768.28(9)(a).
  593         Section 26. Subsection (2) of section 944.713, Florida
  594  Statutes, is amended to read:
  595         944.713 Insurance against liability.—
  596         (2) The contract shall provide for indemnification of the
  597  state by the private vendor for any liabilities incurred up to
  598  the limits provided under s. 768.28(6) s. 768.28(5). The
  599  contract shall provide that the private vendor, or the insurer
  600  of the private vendor, is liable to pay any claim or judgment
  601  for any one person which does not exceed the sum of $100,000 or
  602  any claim or judgment, or portions thereof, which, when totaled
  603  with all other claims or judgments arising out of the same
  604  incident or occurrence, does not exceed the sum of $200,000. In
  605  addition, the contractor must agree to defend, hold harmless,
  606  and indemnify the department against any and all actions,
  607  claims, damages and losses, including costs and attorney
  608  attorney’s fees.
  609         Section 27. Subsection (3) of section 984.09, Florida
  610  Statutes, is amended to read:
  611         984.09 Punishment for contempt of court; alternative
  612  sanctions.—
  613         (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
  614  an alternative sanctions coordinator who shall serve under the
  615  chief administrative judge of the juvenile division of the
  616  circuit court, and who shall coordinate and maintain a spectrum
  617  of contempt sanction alternatives in conjunction with the
  618  circuit plan implemented in accordance with s. 790.22(4)(c).
  619  Upon determining that a child has committed direct contempt of
  620  court or indirect contempt of a valid court order, the court may
  621  immediately request the alternative sanctions coordinator to
  622  recommend the most appropriate available alternative sanction
  623  and shall order the child to perform up to 50 hours of
  624  community-service manual labor or a similar alternative
  625  sanction, unless an alternative sanction is unavailable or
  626  inappropriate, or unless the child has failed to comply with a
  627  prior alternative sanction. Alternative contempt sanctions may
  628  be provided by local industry or by any nonprofit organization
  629  or any public or private business or service entity that has
  630  entered into a contract with the Department of Juvenile Justice
  631  to act as an agent of the state to provide voluntary supervision
  632  of children on behalf of the state in exchange for the manual
  633  labor of children and limited immunity in accordance with s.
  634  768.28(12) s. 768.28(11).
  635         Section 28. Subsection (3) of section 985.037, Florida
  636  Statutes, is amended to read:
  637         985.037 Punishment for contempt of court; alternative
  638  sanctions.—
  639         (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
  640  an alternative sanctions coordinator who shall serve under the
  641  chief administrative judge of the juvenile division of the
  642  circuit court, and who shall coordinate and maintain a spectrum
  643  of contempt sanction alternatives in conjunction with the
  644  circuit plan implemented in accordance with s. 790.22(4)(c).
  645  Upon determining that a child has committed direct contempt of
  646  court or indirect contempt of a valid court order, the court may
  647  immediately request the alternative sanctions coordinator to
  648  recommend the most appropriate available alternative sanction
  649  and shall order the child to perform up to 50 hours of
  650  community-service manual labor or a similar alternative
  651  sanction, unless an alternative sanction is unavailable or
  652  inappropriate, or unless the child has failed to comply with a
  653  prior alternative sanction. Alternative contempt sanctions may
  654  be provided by local industry or by any nonprofit organization
  655  or any public or private business or service entity that has
  656  entered into a contract with the Department of Juvenile Justice
  657  to act as an agent of the state to provide voluntary supervision
  658  of children on behalf of the state in exchange for the manual
  659  labor of children and limited immunity in accordance with s.
  660  768.28(12) s. 768.28(11).
  661         Section 29. Paragraph (l) of subsection (3) of section
  662  1002.55, Florida Statutes, is amended to read:
  663         1002.55 School-year prekindergarten program delivered by
  664  private prekindergarten providers.—
  665         (3) To be eligible to deliver the prekindergarten program,
  666  a private prekindergarten provider must meet each of the
  667  following requirements:
  668         (l) Notwithstanding paragraph (j), for a private
  669  prekindergarten provider that is a state agency or a subdivision
  670  thereof, as defined in s. 768.28(3) s. 768.28(2), the provider
  671  must agree to notify the coalition of any additional liability
  672  coverage maintained by the provider in addition to that
  673  otherwise established under s. 768.28. The provider shall
  674  indemnify the coalition to the extent permitted by s. 768.28.
  675         Section 30. Paragraph (p) of subsection (1) of section
  676  1002.88, Florida Statutes, is amended to read:
  677         1002.88 School readiness program provider standards;
  678  eligibility to deliver the school readiness program.—
  679         (1) To be eligible to deliver the school readiness program,
  680  a school readiness program provider must:
  681         (p) Notwithstanding paragraph (m), for a provider that is a
  682  state agency or a subdivision thereof, as defined in s.
  683  768.28(3) s. 768.28(2), agree to notify the coalition of any
  684  additional liability coverage maintained by the provider in
  685  addition to that otherwise established under s. 768.28. The
  686  provider shall indemnify the coalition to the extent permitted
  687  by s. 768.28.
  688         Section 31. Paragraph (e) of subsection (4) and paragraph
  689  (d) of subsection (5) of section 1004.41, Florida Statutes, are
  690  amended to read:
  691         1004.41 University of Florida; J. Hillis Miller Health
  692  Center.—
  693         (4)
  694         (e) Shands Teaching Hospital and Clinics, Inc., in support
  695  of the health affairs mission of the University of Florida Board
  696  of Trustees and with the board’s prior approval, may create or
  697  have created either for-profit or not-for-profit subsidiaries
  698  and affiliates, or both. The University of Florida Board of
  699  Trustees, which may act through the president of the university
  700  or his or her designee, may control Shands Teaching Hospital and
  701  Clinics, Inc. For purposes of sovereign immunity pursuant to s.
  702  768.28(3) s. 768.28(2), Shands Teaching Hospital and Clinics,
  703  Inc., and any not-for-profit subsidiary which directly delivers
  704  health care services and whose governing board is chaired by the
  705  president of the university or his or her designee and is
  706  controlled by the University of Florida Board of Trustees, which
  707  may act through the president of the university or his or her
  708  designee and whose primary purpose is the support of the
  709  University of Florida Board of Trustees’ health affairs mission,
  710  shall be conclusively deemed a corporation primarily acting as
  711  an instrumentality of the state.
  712         (5)
  713         (d) For purposes of sovereign immunity pursuant to s.
  714  768.28(3) s. 768.28(2), Shands Jacksonville Medical Center,
  715  Inc., Shands Jacksonville HealthCare, Inc., and any not-for
  716  profit subsidiary which directly delivers health care services
  717  and whose governing board is chaired by the President of the
  718  University of Florida or his or her designee and is controlled
  719  by the University of Florida Board of Trustees, which may act
  720  through the president of the university or his or her designee
  721  and whose primary purpose is the support of the University of
  722  Florida Board of Trustees’ health affairs mission, shall be
  723  conclusively deemed corporations primarily acting as
  724  instrumentalities of the state.
  725         Section 32. Subsection (1) of section 1004.43, Florida
  726  Statutes, is amended to read:
  727         1004.43 H. Lee Moffitt Cancer Center and Research
  728  Institute.—There is established the H. Lee Moffitt Cancer Center
  729  and Research Institute, a statewide resource for basic and
  730  clinical research and multidisciplinary approaches to patient
  731  care.
  732         (1) The Board of Trustees of the University of South
  733  Florida shall enter into a lease agreement for the utilization
  734  of the lands and facilities on the campus of the University of
  735  South Florida to be known as the H. Lee Moffitt Cancer Center
  736  and Research Institute, including all furnishings, equipment,
  737  and other chattels used in the operation of such facilities,
  738  with a Florida not-for-profit corporation organized solely for
  739  the purpose of governing and operating the H. Lee Moffitt Cancer
  740  Center and Research Institute. The lease agreement with the not
  741  for-profit corporation shall be rent free as long as the not
  742  for-profit corporation and its subsidiaries utilize the lands
  743  and facilities primarily for research, education, treatment,
  744  prevention, and early detection of cancer or for teaching and
  745  research programs conducted by state universities or other
  746  accredited medical schools or research institutes. The lease
  747  agreement shall provide for review of construction plans and
  748  specifications by the University of South Florida for
  749  consistency with the university’s campus master plan, impact on
  750  the university’s utilities infrastructure, compliance with
  751  applicable building codes and general design characteristics,
  752  and compatibility with university architecture, as appropriate.
  753  The not-for-profit corporation may, with the prior approval of
  754  the Board of Governors, create either for-profit or not-for
  755  profit corporate subsidiaries, or both, to fulfill its mission.
  756  The not-for-profit corporation and any approved not-for-profit
  757  subsidiary shall be conclusively deemed corporations primarily
  758  acting as instrumentalities of the state, pursuant to s.
  759  768.28(3) s. 768.28(2), for purposes of sovereign immunity. For
  760  profit subsidiaries of the not-for-profit corporation may not
  761  compete with for-profit health care providers in the delivery of
  762  radiation therapy services to patients. The not-for-profit
  763  corporation and its subsidiaries are authorized to receive,
  764  hold, invest, and administer property and any moneys received
  765  from private, local, state, and federal sources, as well as
  766  technical and professional income generated or derived from
  767  practice activities of the institute, for the benefit of the
  768  institute and the fulfillment of its mission. The affairs of the
  769  corporation shall be managed by a board of directors who shall
  770  serve without compensation. The President of the University of
  771  South Florida and the chair of the Board of Governors, or his or
  772  her designee, shall be directors of the not-for-profit
  773  corporation. Each director shall have only one vote, shall serve
  774  a term of 3 years, and may be reelected to the board. Other than
  775  the President of the University of South Florida and the chair
  776  of the Board of Governors, directors shall be elected by a
  777  majority vote of the board. The chair of the board of directors
  778  shall be selected by majority vote of the directors.
  779         Section 33. Paragraph (a) of subsection (2) of section
  780  1004.447, Florida Statutes, is amended to read:
  781         1004.447 Florida Institute for Human and Machine Cognition,
  782  Inc.—
  783         (2) The corporation and any authorized and approved
  784  subsidiary:
  785         (a) Shall be a corporation primarily acting as an
  786  instrumentality of the state, pursuant to s. 768.28(3) s.
  787  768.28(2), for purposes of sovereign immunity.
  788         Section 34. Paragraph (b) of subsection (2) of section
  789  1006.261, Florida Statutes, is amended to read:
  790         1006.261 Use of school buses for public purposes.—
  791         (2)
  792         (b) For purposes of liability for negligence, state
  793  agencies or subdivisions as defined in s. 768.28(3) s. 768.28(2)
  794  shall be covered by s. 768.28. Every other corporation or
  795  organization shall provide liability insurance coverage in the
  796  minimum amounts of $100,000 on any claim or judgment and
  797  $200,000 on all claims and judgments arising from the same
  798  incident or occurrence.
  799         Section 35. Sections 45.061, 110.504, 111.071,
  800  163.01(15)(k), 190.043, 213.015, 284.31, 284.38, 337.19,
  801  341.302, 373.1395, 375.251, 393.075, 403.706, 409.993, 455.221,
  802  455.32, 456.009, 472.006, 497.167, 548.046, 556.106, 768.295,
  803  946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.77,
  804  and 1002.83, Florida Statutes, are reenacted for the purpose of
  805  incorporating the amendment made by this act to s. 768.28,
  806  Florida Statutes, in references thereto.
  807         Section 36. This act shall take effect October 1, 2020.