Florida Senate - 2020                             CS for SB 1302
       
       
        
       By the Committee on Judiciary; and Senators Flores and Rodriguez
       
       
       
       
       
       590-02419-20                                          20201302c1
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; providing a short title; increasing the
    4         statutory limits on liability for tort claims against
    5         the state and its agencies and subdivisions;
    6         conforming provisions to changes made by the act;
    7         revising when a state and its agencies and
    8         subdivisions may agree to settle a claim or judgment
    9         without further action from the Legislature; requiring
   10         that the limitations on tort liability be adjusted
   11         every year after a specified date; specifying that the
   12         limitations in effect on the date a final judgment is
   13         entered apply to that judgment; prohibiting an
   14         insurance policy from conditioning the payment of
   15         benefits on the enactment of claim bills; amending ss.
   16         29.0081, 39.8297, 163.01, 252.36, 260.0125, 288.9625,
   17         316.6146, 321.24, 324.022, 381.0056, 403.0862,
   18         456.048, 458.320, 459.0085, 589.19, 616.242, 624.461,
   19         624.462, 627.733, 760.11, 766.1115, 766.118, 768.1315,
   20         768.135, 944.713, 984.09, 985.037, 1002.55, 1002.88,
   21         1004.41, 1004.43, 1004.447, and 1006.261, F.S.;
   22         conforming cross-references; reenacting ss. 45.061,
   23         110.504, 111.071, 163.01(15)(k), 190.043, 213.015,
   24         284.31, 284.38, 337.19, 341.302, 373.1395, 375.251,
   25         393.075, 403.706, 409.993, 455.221, 455.32, 456.009,
   26         472.006, 497.167, 548.046, 556.106, 768.295, 946.5026,
   27         946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.77,
   28         and 1002.83, F.S., to incorporate the amendment made
   29         to s. 768.28, F.S.; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsections (1) through (20) of section
   34  768.28, Florida Statutes, are redesignated as subsections (2)
   35  through (21), respectively, a new subsection (1) is added to
   36  that section, and present subsection (5), paragraphs (a) and (b)
   37  of present subsection (9), and paragraph (a) of present
   38  subsection (16) of that section are amended, to read:
   39         768.28 Florida Fair Claims Act; waiver of sovereign
   40  immunity in tort actions; recovery limits; limitation on
   41  attorney fees; statute of limitations; exclusions;
   42  indemnification; risk management programs.—
   43         (1)This section may be cited as the “Florida Fair Claims
   44  Act.”
   45         (6)(5) The state and its agencies and subdivisions shall be
   46  liable for tort claims in the same manner and to the same extent
   47  as a private individual under like circumstances, but liability
   48  shall not include punitive damages or interest for the period
   49  before judgment. Neither the state nor its agencies or
   50  subdivisions shall be liable to pay a claim or a judgment by any
   51  one person which exceeds the sum of $200,000 or any claim or
   52  judgment, or portions thereof, which, when totaled with all
   53  other claims or judgments paid by the state or its agencies or
   54  subdivisions arising out of the same incident or occurrence,
   55  exceeds the sum of $500,000 $300,000. However, a judgment or
   56  judgments may be claimed and rendered in excess of this amount
   57  these amounts and may be settled and paid pursuant to this act
   58  up to $500,000 $200,000 or $300,000, as the case may be; and
   59  that portion of the judgment that exceeds this amount these
   60  amounts may be reported to the Legislature, but may be paid in
   61  part or in whole only by further act of the Legislature.
   62  Notwithstanding the limited waiver of sovereign immunity
   63  provided herein, the state or an agency or subdivision thereof
   64  may agree, within the limits of insurance coverage provided, to
   65  settle a claim made or a judgment rendered against it in excess
   66  of $500,000 without further action by the Legislature., but The
   67  state or agency or subdivision thereof may shall not be deemed
   68  to have waived any defense of sovereign immunity or to have
   69  increased the limits of its liability as a result of its
   70  obtaining insurance coverage for tortious acts in excess of the
   71  $500,000 $200,000 or $300,000 waiver provided above. The
   72  limitations of liability set forth in this subsection shall
   73  apply to the state and its agencies and subdivisions whether or
   74  not the state or its agencies or subdivisions possessed
   75  sovereign immunity before July 1, 1974.
   76  
   77  Beginning July 1, 2021, and every July 1 thereafter, the
   78  limitations of liability in this subsection shall be adjusted to
   79  reflect changes in the Consumer Price Index for the Southeast or
   80  a successor index as calculated by the United States Department
   81  of Labor. When determining liability limits for a claim, the
   82  limitations of liability in effect on the date a final judgment
   83  is entered apply to the claim.
   84         (10)(9)(a) No officer, employee, or agent of the state or
   85  of any of its subdivisions shall be held personally liable in
   86  tort or named as a party defendant in any action for any injury
   87  or damage suffered as a result of any act, event, or omission of
   88  action in the scope of her or his employment or function, unless
   89  such officer, employee, or agent acted in bad faith or with
   90  malicious purpose or in a manner exhibiting wanton and willful
   91  disregard of human rights, safety, or property. However, such
   92  officer, employee, or agent shall be considered an adverse
   93  witness in a tort action for any injury or damage suffered as a
   94  result of any act, event, or omission of action in the scope of
   95  her or his employment or function. The exclusive remedy for
   96  injury or damage suffered as a result of an act, event, or
   97  omission of an officer, employee, or agent of the state or any
   98  of its subdivisions or constitutional officers shall be by
   99  action against the governmental entity, or the head of such
  100  entity in her or his official capacity, or the constitutional
  101  officer of which the officer, employee, or agent is an employee,
  102  unless such act or omission was committed in bad faith or with
  103  malicious purpose or in a manner exhibiting wanton and willful
  104  disregard of human rights, safety, or property. The state or its
  105  subdivisions shall not be liable in tort for the acts or
  106  omissions of an officer, employee, or agent committed while
  107  acting outside the course and scope of her or his employment or
  108  committed in bad faith or with malicious purpose or in a manner
  109  exhibiting wanton and willful disregard of human rights, safety,
  110  or property.
  111         (b) As used in this subsection, the term:
  112         1. “Employee” includes any volunteer firefighter.
  113         2. “Officer, employee, or agent” includes, but is not
  114  limited to, any health care provider when providing services
  115  pursuant to s. 766.1115; any nonprofit independent college or
  116  university located and chartered in this state which owns or
  117  operates an accredited medical school, and its employees or
  118  agents, when providing patient services pursuant to paragraph
  119  (11)(f) (10)(f); and any public defender or her or his employee
  120  or agent, including, among others, an assistant public defender
  121  and an investigator.
  122         (17)(16)(a) The state and its agencies and subdivisions are
  123  authorized to be self-insured, to enter into risk management
  124  programs, or to purchase liability insurance for whatever
  125  coverage they may choose, or to have any combination thereof, in
  126  anticipation of any claim, judgment, and claim claims bill which
  127  they may be liable to pay pursuant to this section. Agencies or
  128  subdivisions, and sheriffs, that are subject to homogeneous
  129  risks may purchase insurance jointly or may join together as
  130  self-insurers to provide other means of protection against tort
  131  claims, any charter provisions or laws to the contrary
  132  notwithstanding. An insurance policy may not condition the
  133  payment of benefits, in whole or in part, on the enactment of
  134  claim bills.
  135         Section 2. Paragraph (b) of subsection (2) of section
  136  29.0081, Florida Statutes, is amended to read:
  137         29.0081 County funding of additional court personnel.—
  138         (2) The agreement shall, at a minimum, provide that:
  139         (b) The personnel whose employment is funded under the
  140  agreement are hired, supervised, managed, and fired by personnel
  141  of the judicial circuit. The county shall be considered the
  142  employer for purposes of s. 440.10 and chapter 443. Employees
  143  funded by the county under this section and other county
  144  employees may be aggregated for purposes of a flexible benefits
  145  plan pursuant to s. 125 of the Internal Revenue Code of 1986.
  146  The judicial circuit shall supervise the personnel whose
  147  employment is funded under the agreement; be responsible for
  148  compliance with all requirements of federal and state employment
  149  laws, including, but not limited to, Title VII of the Civil
  150  Rights Act of 1964, Title I of the Americans with Disabilities
  151  Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
  152  Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
  153  440.105, and 440.205; and fully indemnify the county from any
  154  liability under such laws, as authorized by s. 768.28(20) s.
  155  768.28(19), to the extent such liability is the result of the
  156  acts or omissions of the judicial circuit or its agents or
  157  employees.
  158         Section 3. Paragraph (b) of subsection (2) of section
  159  39.8297, Florida Statutes, is amended to read:
  160         39.8297 County funding for guardian ad litem employees.—
  161         (2) The agreement, at a minimum, must provide that:
  162         (b) The persons who are employed will be hired, supervised,
  163  managed, and terminated by the executive director of the
  164  Statewide Guardian Ad Litem Office. The statewide office is
  165  responsible for compliance with all requirements of federal and
  166  state employment laws, and shall fully indemnify the county from
  167  any liability under such laws, as authorized by s. 768.28(20) s.
  168  768.28(19), to the extent such liability is the result of the
  169  acts or omissions of the Statewide Guardian Ad Litem Office or
  170  its agents or employees.
  171         Section 4. Paragraph (h) of subsection (3) of section
  172  163.01, Florida Statutes, is amended to read:
  173         163.01 Florida Interlocal Cooperation Act of 1969.—
  174         (3) As used in this section:
  175         (h) “Local government liability pool” means a reciprocal
  176  insurer as defined in s. 629.021 or any self-insurance program
  177  created pursuant to s. 768.28(17) s. 768.28(16), formed and
  178  controlled by counties or municipalities of this state to
  179  provide liability insurance coverage for counties,
  180  municipalities, or other public agencies of this state, which
  181  pool may contract with other parties for the purpose of
  182  providing claims administration, processing, accounting, and
  183  other administrative facilities.
  184         Section 5. Paragraph (l) of subsection (5) of section
  185  252.36, Florida Statutes, is amended to read:
  186         252.36 Emergency management powers of the Governor.—
  187         (5) In addition to any other powers conferred upon the
  188  Governor by law, she or he may:
  189         (l) Authorize the use of forces already mobilized as the
  190  result of an executive order, rule, or proclamation to assist
  191  the private citizens of the state in cleanup and recovery
  192  operations during emergencies when proper permission to enter
  193  onto or into private property has been obtained from the
  194  property owner. The provisions of s. 768.28(10) s. 768.28(9)
  195  apply to this paragraph.
  196         Section 6. Subsection (2) of section 260.0125, Florida
  197  Statutes, is amended to read:
  198         260.0125 Limitation on liability of private landowners
  199  whose property is designated as part of the statewide system of
  200  greenways and trails.—
  201         (2) Any private landowner who consents to designation of
  202  his or her land as part of the statewide system of greenways and
  203  trails pursuant to s. 260.016(2)(d) without compensation shall
  204  be considered a volunteer, as defined in s. 110.501, and shall
  205  be covered by state liability protection pursuant to s. 768.28,
  206  including s. 768.28(10) s. 768.28(9).
  207         Section 7. Subsection (2) and paragraph (g) of subsection
  208  (10) of section 288.9625, Florida Statutes, are amended to read:
  209         288.9625 Institute for Commercialization of Florida
  210  Technology.—
  211         (2) The purpose of the institute is to assist, without any
  212  financial support or specific appropriations from the state, in
  213  the commercialization of products developed by the research and
  214  development activities of an innovation business, including, but
  215  not limited to, those defined in s. 288.1089. The institute
  216  shall fulfill its purpose in the best interests of the state.
  217  The institute:
  218         (a) Is a corporation primarily acting as an instrumentality
  219  of the state pursuant to s. 768.28(3) s. 768.28(2), for the
  220  purposes of sovereign immunity;
  221         (b) Is not an agency within the meaning of s. 20.03(11);
  222         (c) Is subject to the open records and meetings
  223  requirements of s. 24, Art. I of the State Constitution, chapter
  224  119, and s. 286.011;
  225         (d) Is not subject to chapter 287;
  226         (e) Is governed by the code of ethics for public officers
  227  and employees as set forth in part III of chapter 112;
  228         (f) May create corporate subsidiaries; and
  229         (g) May not receive any financial support or specific
  230  appropriations from the state.
  231         (10) The private fund manager:
  232         (g) Is not a corporation primarily acting as an
  233  instrumentality of the state pursuant to s. 768.28(3) s.
  234  768.28(2), for the purposes of sovereign immunity.
  235         Section 8. Section 316.6146, Florida Statutes, is amended
  236  to read:
  237         316.6146 Transportation of private school students on
  238  public school buses and public school students on private school
  239  buses; agreement.—Private school students may be transported on
  240  public school buses and public school students may be
  241  transported on private school buses when there is mutual
  242  agreement between the local school board and the applicable
  243  private school. Any agreement for private school students to be
  244  transported on public school buses must be in accordance with
  245  ss. 768.28(10)(a) ss. 768.28(9)(a) and 316.6145. Any agreement
  246  for public school students to be transported on private school
  247  buses must be contingent on the private school bus driver’s
  248  having adequate liability insurance through his or her employer.
  249         Section 9. Subsection (5) of section 321.24, Florida
  250  Statutes, is amended to read:
  251         321.24 Members of an auxiliary to Florida Highway Patrol.—
  252         (5) Notwithstanding any other law to the contrary, any
  253  volunteer highway patrol troop surgeon appointed by the director
  254  of the Florida Highway Patrol and any volunteer licensed health
  255  professional appointed by the director of the Florida Highway
  256  Patrol to work under the medical direction of a highway patrol
  257  troop surgeon is considered an employee for purposes of s.
  258  768.28(10) s. 768.28(9).
  259         Section 10. Subsection (1) of section 324.022, Florida
  260  Statutes, is amended to read:
  261         324.022 Financial responsibility for property damage.—
  262         (1) Every owner or operator of a motor vehicle required to
  263  be registered in this state shall establish and maintain the
  264  ability to respond in damages for liability on account of
  265  accidents arising out of the use of the motor vehicle in the
  266  amount of $10,000 because of damage to, or destruction of,
  267  property of others in any one crash. The requirements of this
  268  section may be met by one of the methods established in s.
  269  324.031; by self-insuring as authorized by s. 768.28(17) s.
  270  768.28(16); or by maintaining an insurance policy providing
  271  coverage for property damage liability in the amount of at least
  272  $10,000 because of damage to, or destruction of, property of
  273  others in any one accident arising out of the use of the motor
  274  vehicle. The requirements of this section may also be met by
  275  having a policy which provides coverage in the amount of at
  276  least $30,000 for combined property damage liability and bodily
  277  injury liability for any one crash arising out of the use of the
  278  motor vehicle. The policy, with respect to coverage for property
  279  damage liability, must meet the applicable requirements of s.
  280  324.151, subject to the usual policy exclusions that have been
  281  approved in policy forms by the Office of Insurance Regulation.
  282  No insurer shall have any duty to defend uncovered claims
  283  irrespective of their joinder with covered claims.
  284         Section 11. Subsection (9) of section 381.0056, Florida
  285  Statutes, is amended to read:
  286         381.0056 School health services program.—
  287         (9) Any health care entity that provides school health
  288  services under contract with the department pursuant to a school
  289  health services plan developed under this section, and as part
  290  of a school nurse services public-private partnership, is deemed
  291  to be a corporation acting primarily as an instrumentality of
  292  the state solely for the purpose of limiting liability pursuant
  293  to s. 768.28(6) s. 768.28(5). The limitations on tort actions
  294  contained in s. 768.28(6) s. 768.28(5) shall apply to any action
  295  against the entity with respect to the provision of school
  296  health services, if the entity is acting within the scope of and
  297  pursuant to guidelines established in the contract or by rule of
  298  the department. The contract must require the entity, or the
  299  partnership on behalf of the entity, to obtain general liability
  300  insurance coverage, with any additional endorsement necessary to
  301  insure the entity for liability assumed by its contract with the
  302  department. The Legislature intends that insurance be purchased
  303  by entities, or by partnerships on behalf of the entity, to
  304  cover all liability claims, and under no circumstances shall the
  305  state or the department be responsible for payment of any claims
  306  or defense costs for claims brought against the entity or its
  307  subcontractor for services performed under the contract with the
  308  department. This subsection does not preclude consideration by
  309  the Legislature for payment by the state of any claim claims
  310  bill involving an entity contracting with the department
  311  pursuant to this section.
  312         Section 12. Subsection (4) of section 403.0862, Florida
  313  Statutes, is amended to read:
  314         403.0862 Discharge of waste from state groundwater cleanup
  315  operations to publicly owned treatment works.—
  316         (4) The limitation on damages provided by s. 768.28(6) s.
  317  768.28(5) shall not apply to any obligation or payment which may
  318  become due under this section.
  319         Section 13. Paragraph (a) of subsection (2) of section
  320  456.048, Florida Statutes, is amended to read:
  321         456.048 Financial responsibility requirements for certain
  322  health care practitioners.—
  323         (2) The board or department may grant exemptions upon
  324  application by practitioners meeting any of the following
  325  criteria:
  326         (a) Any person licensed under chapter 457, s. 458.3475, s.
  327  459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
  328  chapter 467 who practices exclusively as an officer, employee,
  329  or agent of the Federal Government or of the state or its
  330  agencies or its subdivisions. For the purposes of this
  331  subsection, an agent of the state, its agencies, or its
  332  subdivisions is a person who is eligible for coverage under any
  333  self-insurance or insurance program authorized by the provisions
  334  of s. 768.28(17) s. 768.28(16) or who is a volunteer under s.
  335  110.501(1).
  336         Section 14. Paragraph (a) of subsection (5) of section
  337  458.320, Florida Statutes, is amended to read:
  338         458.320 Financial responsibility.—
  339         (5) The requirements of subsections (1), (2), and (3) do
  340  not apply to:
  341         (a) Any person licensed under this chapter who practices
  342  medicine exclusively as an officer, employee, or agent of the
  343  Federal Government or of the state or its agencies or its
  344  subdivisions. For the purposes of this subsection, an agent of
  345  the state, its agencies, or its subdivisions is a person who is
  346  eligible for coverage under any self-insurance or insurance
  347  program authorized by the provisions of s. 768.28(17) s.
  348  768.28(16).
  349         Section 15. Paragraph (a) of subsection (5) of section
  350  459.0085, Florida Statutes, is amended to read:
  351         459.0085 Financial responsibility.—
  352         (5) The requirements of subsections (1), (2), and (3) do
  353  not apply to:
  354         (a) Any person licensed under this chapter who practices
  355  medicine exclusively as an officer, employee, or agent of the
  356  Federal Government or of the state or its agencies or its
  357  subdivisions. For the purposes of this subsection, an agent of
  358  the state, its agencies, or its subdivisions is a person who is
  359  eligible for coverage under any self-insurance or insurance
  360  program authorized by the provisions of s. 768.28(17) s.
  361  768.28(16).
  362         Section 16. Paragraph (e) of subsection (4) of section
  363  589.19, Florida Statutes, is amended to read:
  364         589.19 Creation of certain state forests; naming of certain
  365  state forests; Operation Outdoor Freedom Program.—
  366         (4)
  367         (e)1. A private landowner who provides land for designation
  368  and use as an Operation Outdoor Freedom Program hunting site
  369  shall have limited liability pursuant to s. 375.251.
  370         2. A private landowner who consents to the designation and
  371  use of land as part of the Operation Outdoor Freedom Program
  372  without compensation shall be considered a volunteer, as defined
  373  in s. 110.501, and shall be covered by state liability
  374  protection pursuant to s. 768.28, including s. 768.28(10) s.
  375  768.28(9).
  376         3. This subsection does not:
  377         a. Relieve any person of liability that would otherwise
  378  exist for deliberate, willful, or malicious injury to persons or
  379  property.
  380         b. Create or increase the liability of any person.
  381         Section 17. Paragraph (c) of subsection (9) of section
  382  616.242, Florida Statutes, is amended to read:
  383         616.242 Safety standards for amusement rides.—
  384         (9) INSURANCE REQUIREMENTS.—
  385         (c) The insurance requirements imposed under this
  386  subsection do not apply to a governmental entity that is covered
  387  by the provisions of s. 768.28(17) s. 768.28(16).
  388         Section 18. Section 624.461, Florida Statutes, is amended
  389  to read:
  390         624.461 Definition.—For the purposes of the Florida
  391  Insurance Code, “self-insurance fund” means both commercial
  392  self-insurance funds organized under s. 624.462 and group self
  393  insurance funds organized under s. 624.4621. The term “self
  394  insurance fund” does not include a governmental self-insurance
  395  pool created under s. 768.28(17) s. 768.28(16).
  396         Section 19. Subsection (6) of section 624.462, Florida
  397  Statutes, is amended to read:
  398         624.462 Commercial self-insurance funds.—
  399         (6) A governmental self-insurance pool created pursuant to
  400  s. 768.28(17) s. 768.28(16) shall not be considered a commercial
  401  self-insurance fund.
  402         Section 20.  Paragraph (b) of subsection (3) of section
  403  627.733, Florida Statutes, is amended to read:
  404         627.733 Required security.—
  405         (3) Such security shall be provided:
  406         (b) By any other method authorized by s. 324.031(2) or (3)
  407  and approved by the Department of Highway Safety and Motor
  408  Vehicles as affording security equivalent to that afforded by a
  409  policy of insurance or by self-insuring as authorized by s.
  410  768.28(17) s. 768.28(16). The person filing such security shall
  411  have all of the obligations and rights of an insurer under ss.
  412  627.730-627.7405.
  413         Section 21. Subsection (5) of section 760.11, Florida
  414  Statutes, is amended to read:
  415         760.11 Administrative and civil remedies; construction.—
  416         (5) In any civil action brought under this section, the
  417  court may issue an order prohibiting the discriminatory practice
  418  and providing affirmative relief from the effects of the
  419  practice, including back pay. The court may also award
  420  compensatory damages, including, but not limited to, damages for
  421  mental anguish, loss of dignity, and any other intangible
  422  injuries, and punitive damages. The provisions of ss. 768.72 and
  423  768.73 do not apply to this section. The judgment for the total
  424  amount of punitive damages awarded under this section to an
  425  aggrieved person shall not exceed $100,000. In any action or
  426  proceeding under this subsection, the court, in its discretion,
  427  may allow the prevailing party a reasonable attorney attorney’s
  428  fee as part of the costs. It is the intent of the Legislature
  429  that this provision for attorney attorney’s fees be interpreted
  430  in a manner consistent with federal case law involving a Title
  431  VII action. The right to trial by jury is preserved in any such
  432  private right of action in which the aggrieved person is seeking
  433  compensatory or punitive damages, and any party may demand a
  434  trial by jury. The commission’s determination of reasonable
  435  cause is not admissible into evidence in any civil proceeding,
  436  including any hearing or trial, except to establish for the
  437  court the right to maintain the private right of action. A civil
  438  action brought under this section shall be commenced no later
  439  than 1 year after the date of determination of reasonable cause
  440  by the commission. The commencement of such action shall divest
  441  the commission of jurisdiction of the complaint, except that the
  442  commission may intervene in the civil action as a matter of
  443  right. Notwithstanding the above, the state and its agencies and
  444  subdivisions shall not be liable for punitive damages. The total
  445  amount of recovery against the state and its agencies and
  446  subdivisions shall not exceed the limitation as set forth in s.
  447  768.28(6) s. 768.28(5).
  448         Section 22. Subsection (4) and paragraphs (a) and (b) of
  449  subsection (12) of section 766.1115, Florida Statutes, are
  450  amended to read:
  451         766.1115 Health care providers; creation of agency
  452  relationship with governmental contractors.—
  453         (4) CONTRACT REQUIREMENTS.—A health care provider that
  454  executes a contract with a governmental contractor to deliver
  455  health care services on or after April 17, 1992, as an agent of
  456  the governmental contractor is an agent for purposes of s.
  457  768.28(10) s. 768.28(9), while acting within the scope of duties
  458  under the contract, if the contract complies with the
  459  requirements of this section and regardless of whether the
  460  individual treated is later found to be ineligible. A health
  461  care provider shall continue to be an agent for purposes of s.
  462  768.28(10) s. 768.28(9) for 30 days after a determination of
  463  ineligibility to allow for treatment until the individual
  464  transitions to treatment by another health care provider. A
  465  health care provider under contract with the state may not be
  466  named as a defendant in any action arising out of medical care
  467  or treatment provided on or after April 17, 1992, under
  468  contracts entered into under this section. The contract must
  469  provide that:
  470         (a) The right of dismissal or termination of any health
  471  care provider delivering services under the contract is retained
  472  by the governmental contractor.
  473         (b) The governmental contractor has access to the patient
  474  records of any health care provider delivering services under
  475  the contract.
  476         (c) Adverse incidents and information on treatment outcomes
  477  must be reported by any health care provider to the governmental
  478  contractor if the incidents and information pertain to a patient
  479  treated under the contract. The health care provider shall
  480  submit the reports required by s. 395.0197. If an incident
  481  involves a professional licensed by the Department of Health or
  482  a facility licensed by the Agency for Health Care
  483  Administration, the governmental contractor shall submit such
  484  incident reports to the appropriate department or agency, which
  485  shall review each incident and determine whether it involves
  486  conduct by the licensee that is subject to disciplinary action.
  487  All patient medical records and any identifying information
  488  contained in adverse incident reports and treatment outcomes
  489  which are obtained by governmental entities under this paragraph
  490  are confidential and exempt from the provisions of s. 119.07(1)
  491  and s. 24(a), Art. I of the State Constitution.
  492         (d) Patient selection and initial referral must be made by
  493  the governmental contractor or the provider. Patients may not be
  494  transferred to the provider based on a violation of the
  495  antidumping provisions of the Omnibus Budget Reconciliation Act
  496  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
  497  chapter 395.
  498         (e) If emergency care is required, the patient need not be
  499  referred before receiving treatment, but must be referred within
  500  48 hours after treatment is commenced or within 48 hours after
  501  the patient has the mental capacity to consent to treatment,
  502  whichever occurs later.
  503         (f) The provider is subject to supervision and regular
  504  inspection by the governmental contractor.
  505         (g) As an agent of the governmental contractor for purposes
  506  of s. 768.28(10) s. 768.28(9), while acting within the scope of
  507  duties under the contract, a health care provider licensed under
  508  chapter 466 may allow a patient, or a parent or guardian of the
  509  patient, to voluntarily contribute a monetary amount to cover
  510  costs of dental laboratory work related to the services provided
  511  to the patient. This contribution may not exceed the actual cost
  512  of the dental laboratory charges.
  513  
  514  A governmental contractor that is also a health care provider is
  515  not required to enter into a contract under this section with
  516  respect to the health care services delivered by its employees.
  517         (12) APPLICABILITY.—This section applies to incidents
  518  occurring on or after April 17, 1992. This section does not:
  519         (a) Apply to any health care contract entered into by the
  520  Department of Corrections which is subject to s. 768.28(11)(a)
  521  s. 768.28(10)(a).
  522         (b) Apply to any affiliation agreement or other contract
  523  that is subject to s. 768.28(11)(f) s. 768.28(10)(f).
  524         Section 23. Paragraph (c) of subsection (6) of section
  525  766.118, Florida Statutes, is amended to read:
  526         766.118 Determination of noneconomic damages.—
  527         (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
  528  PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
  529  RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
  530  respect to a cause of action for personal injury or wrongful
  531  death arising from medical negligence of a practitioner
  532  committed in the course of providing medical services and
  533  medical care to a Medicaid recipient, regardless of the number
  534  of such practitioner defendants providing the services and care,
  535  noneconomic damages may not exceed $300,000 per claimant, unless
  536  the claimant pleads and proves, by clear and convincing
  537  evidence, that the practitioner acted in a wrongful manner. A
  538  practitioner providing medical services and medical care to a
  539  Medicaid recipient is not liable for more than $200,000 in
  540  noneconomic damages, regardless of the number of claimants,
  541  unless the claimant pleads and proves, by clear and convincing
  542  evidence, that the practitioner acted in a wrongful manner. The
  543  fact that a claimant proves that a practitioner acted in a
  544  wrongful manner does not preclude the application of the
  545  limitation on noneconomic damages prescribed elsewhere in this
  546  section. For purposes of this subsection:
  547         (c) The term “wrongful manner” means in bad faith or with
  548  malicious purpose or in a manner exhibiting wanton and willful
  549  disregard of human rights, safety, or property, and shall be
  550  construed in conformity with the standard set forth in s.
  551  768.28(10)(a) s. 768.28(9)(a).
  552         Section 24. Paragraph (c) of subsection (2) of section
  553  768.1315, Florida Statutes, is amended to read:
  554         768.1315 Good Samaritan Volunteer Firefighters’ Assistance
  555  Act; immunity from civil liability.—
  556         (2) DEFINITIONS.—As used in this section, the term:
  557         (c) “State agency or subdivision” shall have the meaning
  558  provided in s. 768.28(3) s. 768.28(2).
  559  
  560  Nothing in this section shall be construed as a waiver of
  561  sovereign immunity.
  562         Section 25. Subsection (4) of section 768.135, Florida
  563  Statutes, is amended to read:
  564         768.135 Volunteer team physicians; immunity.—
  565         (4) As used in this section, the term “wrongful manner”
  566  means in bad faith or with malicious purpose or in a manner
  567  exhibiting wanton and willful disregard of human rights, safety,
  568  or property, and shall be construed in conformity with the
  569  standard set forth in s. 768.28(10)(a) s. 768.28(9)(a).
  570         Section 26. Subsection (2) of section 944.713, Florida
  571  Statutes, is amended to read:
  572         944.713 Insurance against liability.—
  573         (2) The contract shall provide for indemnification of the
  574  state by the private vendor for any liabilities incurred up to
  575  the limits provided under s. 768.28(6) s. 768.28(5). The
  576  contract shall provide that the private vendor, or the insurer
  577  of the private vendor, is liable to pay any claim or judgment
  578  for any one person which does not exceed the sum of $100,000 or
  579  any claim or judgment, or portions thereof, which, when totaled
  580  with all other claims or judgments arising out of the same
  581  incident or occurrence, does not exceed the sum of $200,000. In
  582  addition, the contractor must agree to defend, hold harmless,
  583  and indemnify the department against any and all actions,
  584  claims, damages and losses, including costs and attorney
  585  attorney’s fees.
  586         Section 27. Subsection (3) of section 984.09, Florida
  587  Statutes, is amended to read:
  588         984.09 Punishment for contempt of court; alternative
  589  sanctions.—
  590         (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
  591  an alternative sanctions coordinator who shall serve under the
  592  chief administrative judge of the juvenile division of the
  593  circuit court, and who shall coordinate and maintain a spectrum
  594  of contempt sanction alternatives in conjunction with the
  595  circuit plan implemented in accordance with s. 790.22(4)(c).
  596  Upon determining that a child has committed direct contempt of
  597  court or indirect contempt of a valid court order, the court may
  598  immediately request the alternative sanctions coordinator to
  599  recommend the most appropriate available alternative sanction
  600  and shall order the child to perform up to 50 hours of
  601  community-service manual labor or a similar alternative
  602  sanction, unless an alternative sanction is unavailable or
  603  inappropriate, or unless the child has failed to comply with a
  604  prior alternative sanction. Alternative contempt sanctions may
  605  be provided by local industry or by any nonprofit organization
  606  or any public or private business or service entity that has
  607  entered into a contract with the Department of Juvenile Justice
  608  to act as an agent of the state to provide voluntary supervision
  609  of children on behalf of the state in exchange for the manual
  610  labor of children and limited immunity in accordance with s.
  611  768.28(12) s. 768.28(11).
  612         Section 28. Subsection (3) of section 985.037, Florida
  613  Statutes, is amended to read:
  614         985.037 Punishment for contempt of court; alternative
  615  sanctions.—
  616         (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
  617  an alternative sanctions coordinator who shall serve under the
  618  chief administrative judge of the juvenile division of the
  619  circuit court, and who shall coordinate and maintain a spectrum
  620  of contempt sanction alternatives in conjunction with the
  621  circuit plan implemented in accordance with s. 790.22(4)(c).
  622  Upon determining that a child has committed direct contempt of
  623  court or indirect contempt of a valid court order, the court may
  624  immediately request the alternative sanctions coordinator to
  625  recommend the most appropriate available alternative sanction
  626  and shall order the child to perform up to 50 hours of
  627  community-service manual labor or a similar alternative
  628  sanction, unless an alternative sanction is unavailable or
  629  inappropriate, or unless the child has failed to comply with a
  630  prior alternative sanction. Alternative contempt sanctions may
  631  be provided by local industry or by any nonprofit organization
  632  or any public or private business or service entity that has
  633  entered into a contract with the Department of Juvenile Justice
  634  to act as an agent of the state to provide voluntary supervision
  635  of children on behalf of the state in exchange for the manual
  636  labor of children and limited immunity in accordance with s.
  637  768.28(12) s. 768.28(11).
  638         Section 29. Paragraph (l) of subsection (3) of section
  639  1002.55, Florida Statutes, is amended to read:
  640         1002.55 School-year prekindergarten program delivered by
  641  private prekindergarten providers.—
  642         (3) To be eligible to deliver the prekindergarten program,
  643  a private prekindergarten provider must meet each of the
  644  following requirements:
  645         (l) Notwithstanding paragraph (j), for a private
  646  prekindergarten provider that is a state agency or a subdivision
  647  thereof, as defined in s. 768.28(3) s. 768.28(2), the provider
  648  must agree to notify the coalition of any additional liability
  649  coverage maintained by the provider in addition to that
  650  otherwise established under s. 768.28. The provider shall
  651  indemnify the coalition to the extent permitted by s. 768.28.
  652         Section 30. Paragraph (p) of subsection (1) of section
  653  1002.88, Florida Statutes, is amended to read:
  654         1002.88 School readiness program provider standards;
  655  eligibility to deliver the school readiness program.—
  656         (1) To be eligible to deliver the school readiness program,
  657  a school readiness program provider must:
  658         (p) Notwithstanding paragraph (m), for a provider that is a
  659  state agency or a subdivision thereof, as defined in s.
  660  768.28(3) s. 768.28(2), agree to notify the coalition of any
  661  additional liability coverage maintained by the provider in
  662  addition to that otherwise established under s. 768.28. The
  663  provider shall indemnify the coalition to the extent permitted
  664  by s. 768.28.
  665         Section 31. Paragraph (e) of subsection (4) and paragraph
  666  (d) of subsection (5) of section 1004.41, Florida Statutes, are
  667  amended to read:
  668         1004.41 University of Florida; J. Hillis Miller Health
  669  Center.—
  670         (4)
  671         (e) Shands Teaching Hospital and Clinics, Inc., in support
  672  of the health affairs mission of the University of Florida Board
  673  of Trustees and with the board’s prior approval, may create or
  674  have created either for-profit or not-for-profit subsidiaries
  675  and affiliates, or both. The University of Florida Board of
  676  Trustees, which may act through the president of the university
  677  or his or her designee, may control Shands Teaching Hospital and
  678  Clinics, Inc. For purposes of sovereign immunity pursuant to s.
  679  768.28(3) s. 768.28(2), Shands Teaching Hospital and Clinics,
  680  Inc., and any not-for-profit subsidiary which directly delivers
  681  health care services and whose governing board is chaired by the
  682  president of the university or his or her designee and is
  683  controlled by the University of Florida Board of Trustees, which
  684  may act through the president of the university or his or her
  685  designee and whose primary purpose is the support of the
  686  University of Florida Board of Trustees’ health affairs mission,
  687  shall be conclusively deemed a corporation primarily acting as
  688  an instrumentality of the state.
  689         (5)
  690         (d) For purposes of sovereign immunity pursuant to s.
  691  768.28(3) s. 768.28(2), Shands Jacksonville Medical Center,
  692  Inc., Shands Jacksonville HealthCare, Inc., and any not-for
  693  profit subsidiary which directly delivers health care services
  694  and whose governing board is chaired by the President of the
  695  University of Florida or his or her designee and is controlled
  696  by the University of Florida Board of Trustees, which may act
  697  through the president of the university or his or her designee
  698  and whose primary purpose is the support of the University of
  699  Florida Board of Trustees’ health affairs mission, shall be
  700  conclusively deemed corporations primarily acting as
  701  instrumentalities of the state.
  702         Section 32. Subsection (1) of section 1004.43, Florida
  703  Statutes, is amended to read:
  704         1004.43 H. Lee Moffitt Cancer Center and Research
  705  Institute.—There is established the H. Lee Moffitt Cancer Center
  706  and Research Institute, a statewide resource for basic and
  707  clinical research and multidisciplinary approaches to patient
  708  care.
  709         (1) The Board of Trustees of the University of South
  710  Florida shall enter into a lease agreement for the utilization
  711  of the lands and facilities on the campus of the University of
  712  South Florida to be known as the H. Lee Moffitt Cancer Center
  713  and Research Institute, including all furnishings, equipment,
  714  and other chattels used in the operation of such facilities,
  715  with a Florida not-for-profit corporation organized solely for
  716  the purpose of governing and operating the H. Lee Moffitt Cancer
  717  Center and Research Institute. The lease agreement with the not
  718  for-profit corporation shall be rent free as long as the not
  719  for-profit corporation and its subsidiaries utilize the lands
  720  and facilities primarily for research, education, treatment,
  721  prevention, and early detection of cancer or for teaching and
  722  research programs conducted by state universities or other
  723  accredited medical schools or research institutes. The lease
  724  agreement shall provide for review of construction plans and
  725  specifications by the University of South Florida for
  726  consistency with the university’s campus master plan, impact on
  727  the university’s utilities infrastructure, compliance with
  728  applicable building codes and general design characteristics,
  729  and compatibility with university architecture, as appropriate.
  730  The not-for-profit corporation may, with the prior approval of
  731  the Board of Governors, create either for-profit or not-for
  732  profit corporate subsidiaries, or both, to fulfill its mission.
  733  The not-for-profit corporation and any approved not-for-profit
  734  subsidiary shall be conclusively deemed corporations primarily
  735  acting as instrumentalities of the state, pursuant to s.
  736  768.28(3) s. 768.28(2), for purposes of sovereign immunity. For
  737  profit subsidiaries of the not-for-profit corporation may not
  738  compete with for-profit health care providers in the delivery of
  739  radiation therapy services to patients. The not-for-profit
  740  corporation and its subsidiaries are authorized to receive,
  741  hold, invest, and administer property and any moneys received
  742  from private, local, state, and federal sources, as well as
  743  technical and professional income generated or derived from
  744  practice activities of the institute, for the benefit of the
  745  institute and the fulfillment of its mission. The affairs of the
  746  corporation shall be managed by a board of directors who shall
  747  serve without compensation. The President of the University of
  748  South Florida and the chair of the Board of Governors, or his or
  749  her designee, shall be directors of the not-for-profit
  750  corporation. Each director shall have only one vote, shall serve
  751  a term of 3 years, and may be reelected to the board. Other than
  752  the President of the University of South Florida and the chair
  753  of the Board of Governors, directors shall be elected by a
  754  majority vote of the board. The chair of the board of directors
  755  shall be selected by majority vote of the directors.
  756         Section 33. Paragraph (a) of subsection (2) of section
  757  1004.447, Florida Statutes, is amended to read:
  758         1004.447 Florida Institute for Human and Machine Cognition,
  759  Inc.—
  760         (2) The corporation and any authorized and approved
  761  subsidiary:
  762         (a) Shall be a corporation primarily acting as an
  763  instrumentality of the state, pursuant to s. 768.28(3) s.
  764  768.28(2), for purposes of sovereign immunity.
  765         Section 34. Paragraph (b) of subsection (2) of section
  766  1006.261, Florida Statutes, is amended to read:
  767         1006.261 Use of school buses for public purposes.—
  768         (2)
  769         (b) For purposes of liability for negligence, state
  770  agencies or subdivisions as defined in s. 768.28(3) s. 768.28(2)
  771  shall be covered by s. 768.28. Every other corporation or
  772  organization shall provide liability insurance coverage in the
  773  minimum amounts of $100,000 on any claim or judgment and
  774  $200,000 on all claims and judgments arising from the same
  775  incident or occurrence.
  776         Section 35. Sections 45.061, 110.504, 111.071,
  777  163.01(15)(k), 190.043, 213.015, 284.31, 284.38, 337.19,
  778  341.302, 373.1395, 375.251, 393.075, 403.706, 409.993, 455.221,
  779  455.32, 456.009, 472.006, 497.167, 548.046, 556.106, 768.295,
  780  946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.77,
  781  and 1002.83, Florida Statutes, are reenacted for the purpose of
  782  incorporating the amendment made by this act to s. 768.28,
  783  Florida Statutes, in references thereto.
  784         Section 36. This act shall take effect October 1, 2020.