Florida Senate - 2022 SB 974
By Senator Gruters
23-00780A-22 2022974__
1 A bill to be entitled
2 An act relating to sovereign immunity; amending s.
3 768.28, F.S.; revising the statutory limits on
4 liability for tort claims against the state and its
5 agencies and subdivisions; revising requirements for
6 the state or an agency or a subdivision of the state
7 to agree to settle a claim or judgment; prohibiting an
8 insurance policy from conditioning the payment of
9 benefits on the enactment of a claim bill; specifying
10 that the limitations in effect on the date a final
11 judgment is entered apply to that claim; requiring the
12 Department of Financial Services to adjust the
13 limitations on tort liability every year after a
14 specified date; revising exceptions relating to
15 instituting actions on claims against the state or one
16 of its agencies and to the statute of limitations for
17 such claims; reenacting ss. 45.061, 110.504, 111.071,
18 163.01, 190.043, 213.015, 252.51, 252.89, 252.944,
19 260.0125, 284.31, 284.38, 322.13, 337.19, 341.302,
20 373.1395, 375.251, 381.0056, 393.075, 395.1055,
21 403.706, 409.993, 455.221, 455.32, 456.009, 456.076,
22 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
23 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355,
24 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33,
25 1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24,
26 and 1006.261, F.S., to incorporate the amendments made
27 to s. 768.28, F.S., in references thereto; providing
28 an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (5), paragraph (a) of subsection (6),
33 and subsection (14) of section 768.28, Florida Statutes, are
34 amended to read:
35 768.28 Waiver of sovereign immunity in tort actions;
36 recovery limits; civil liability for damages caused during a
37 riot; limitation on attorney fees; statute of limitations;
38 exclusions; indemnification; risk management programs.—
39 (5)(a) The state and its agencies and subdivisions shall be
40 liable for tort claims in the same manner and to the same extent
41 as a private individual under like circumstances, but liability
42 shall not include punitive damages or interest for the period
43 before judgment. Neither the state nor its agencies or
44 subdivisions shall be liable to pay a claim or a judgment by any
45 one person which exceeds the sum of $1 million $200,000 or any
46 claim or judgment, or portions thereof, which, when totaled with
47 all other claims or judgments paid by the state or its agencies
48 or subdivisions arising out of the same incident or occurrence,
49 exceeds the sum of $300,000. However, a judgment or judgments
50 may be claimed and rendered in excess of this amount these
51 amounts and may be settled and paid pursuant to this act up to
52 $1 million per person, $200,000 or $300,000, as the case may be;
53 and that portion of the judgment that exceeds this amount these
54 amounts may be reported to the Legislature, and but may be paid
55 in part or in whole only by further act of the Legislature.
56 (b) Notwithstanding the limited waiver of sovereign
57 immunity provided in paragraph (a) herein, the state or an
58 agency or subdivision thereof may agree, within the limits of
59 insurance coverage provided, to settle a claim made or a
60 judgment rendered against it in excess of the waiver provided in
61 paragraph (a) without further action by the Legislature, but the
62 state or agency or subdivision thereof shall not be deemed to
63 have waived any defense of sovereign immunity or to have
64 increased the limits of its liability as a result of its
65 obtaining insurance coverage for tortious acts in excess of the
66 $200,000 or $300,000 waiver provided in paragraph (a) above. An
67 insurance policy may not condition the payment of benefits, in
68 whole or in part, on the enactment of a claim bill.
69 (c) The limitations of liability set forth in this
70 subsection shall apply to the state and its agencies and
71 subdivisions whether or not the state or its agencies or
72 subdivisions possessed sovereign immunity before July 1, 1974.
73 (d) When determining liability limits for a claim, the
74 limitations of liability in effect on the date a final judgment
75 is entered shall apply to the claim.
76 (e) Beginning July 1, 2023, and every July 1 thereafter,
77 the Department of Financial Services shall adjust the
78 limitations of liability in this subsection to reflect changes
79 in the Consumer Price Index for the Southeast or a successor
80 index as calculated by the United States Department of Labor.
81 (f)(b) A municipality has a duty to allow the municipal law
82 enforcement agency to respond appropriately to protect persons
83 and property during a riot or an unlawful assembly based on the
84 availability of adequate equipment to its municipal law
85 enforcement officers and relevant state and federal laws. If the
86 governing body of a municipality or a person authorized by the
87 governing body of the municipality breaches that duty, the
88 municipality is civilly liable for any damages, including
89 damages arising from personal injury, wrongful death, or
90 property damages proximately caused by the municipality’s breach
91 of duty. The sovereign immunity recovery limits in paragraph (a)
92 do not apply to an action under this paragraph.
93 (6)(a) An action may not be instituted on a claim against
94 the state or one of its agencies or subdivisions unless the
95 claimant presents the claim in writing to the appropriate
96 agency, and also, except as to any claim against a municipality,
97 county, or the Florida Space Authority, presents such claim in
98 writing to the Department of Financial Services, within 3 years
99 after such claim accrues and the Department of Financial
100 Services or the appropriate agency denies the claim in writing;
101 except that, if:
102 1. Such claim is for contribution pursuant to s. 768.31, it
103 must be so presented within 6 months after the judgment against
104 the tortfeasor seeking contribution has become final by lapse of
105 time for appeal or after appellate review or, if there is no
106 such judgment, within 6 months after the tortfeasor seeking
107 contribution has either discharged the common liability by
108 payment or agreed, while the action is pending against her or
109 him, to discharge the common liability; or
110 2. Such action is for wrongful death, the claimant must
111 present the claim in writing to the Department of Financial
112 Services within 2 years after the claim accrues; or
113 3. Such action arises from a violation of s. 794.011
114 involving a victim who was younger than the age of 16 at the
115 time of the act, the claimant may present the claim in writing
116 at any time pursuant to s. 95.11(9).
117 (14) Every claim against the state or one of its agencies
118 or subdivisions for damages for a negligent or wrongful act or
119 omission pursuant to this section shall be forever barred unless
120 the civil action is commenced by filing a complaint in the court
121 of appropriate jurisdiction within 4 years after such claim
122 accrues; except that:
123 (a) An action for contribution must be commenced within the
124 limitations provided in s. 768.31(4);, and
125 (b) An action for damages arising from medical malpractice
126 or wrongful death must be commenced within the limitations for
127 such actions in s. 95.11(4); and
128 (c) An action arising from acts constituting a violation of
129 s. 794.011 involving a victim who was younger than the age of 16
130 at the time of the act may be commenced at any time pursuant to
131 s. 95.11(9).
132 Section 2. Sections 45.061, 110.504, 111.071, 163.01,
133 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
134 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
135 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009,
136 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
137 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295,
138 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34,
139 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida
140 Statutes, are reenacted for the purpose of incorporating the
141 amendments made by this act to s. 768.28, Florida Statutes, in
142 references thereto.
143 Section 3. This act shall take effect July 1, 2022.