Florida Senate - 2024                                     SB 472
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00448-24                                            2024472__
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; increasing the statutory limits on
    4         liability for tort claims against the state and its
    5         agencies and subdivisions; prohibiting an insurance
    6         policy from conditioning payment of benefits on the
    7         enactment of a claim bill; specifying that the
    8         limitations in effect on the date a final judgment is
    9         entered apply to that claim; requiring the Department
   10         of Financial Services to adjust the limitations on
   11         tort liability annually beginning on a specified date;
   12         revising exceptions relating to instituting actions on
   13         claims against the state or one of its agencies or
   14         subdivisions and to the statute of limitations for
   15         such claims; reenacting ss. 29.0081, 39.8297, 45.061,
   16         110.504, 111.071, 119.15, 125.01015, 163.01, 190.043,
   17         213.015, 252.36, 252.51, 252.89, 252.944, 260.0125,
   18         284.31, 284.38, 288.9625, 322.13, 324.022, 337.19,
   19         341.302, 351.03, 373.1395, 375.251, 379.2293,
   20         381.0056, 393.075, 394.9085, 395.1055, 395.50,
   21         401.425, 403.0862, 403.706, 409.175, 409.993,
   22         415.1103, 420.504, 420.507, 455.221, 455.32, 456.009,
   23         456.048, 456.076, 458.320, 459.0085, 471.038, 472.006,
   24         497.167, 513.118, 548.046, 556.106, 589.19, 616.242,
   25         624.461, 624.462, 627.733, 627.7491, 723.0611,
   26         741.316, 760.11, 766.1115, 766.112, 766.203, 766.207,
   27         768.1315, 768.1335, 768.135, 768.1355, 768.1382,
   28         768.295, 944.713, 946.5026, 946.514, 961.06, 984.09,
   29         985.037, 1002.33, 1002.333, 1002.34, 1002.351,
   30         1002.37, 1002.451, 1002.55, 1002.83, 1002.88, 1004.41,
   31         1004.43, 1004.447, 1006.23, 1006.24, and 1006.261,
   32         F.S., to incorporate the amendments made to s. 768.28,
   33         F.S., in references thereto; providing applicability;
   34         making technical changes; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (5), paragraph (a) of subsection (6),
   39  and subsection (14) of section 768.28, Florida Statutes, are
   40  amended to read:
   41         768.28 Waiver of sovereign immunity in tort actions;
   42  recovery limits; civil liability for damages caused during a
   43  riot; limitation on attorney fees; statute of limitations;
   44  exclusions; indemnification; risk management programs.—
   45         (5)(a) The state and its agencies and subdivisions are
   46  shall be liable for tort claims in the same manner and to the
   47  same extent as a private individual under like circumstances,
   48  but liability may shall not include punitive damages or interest
   49  for the period before judgment. Neither the state nor its
   50  agencies or subdivisions are shall be liable to pay a claim or a
   51  judgment by any one person which exceeds the sum of $400,000
   52  $200,000 or any claim or judgment, or portions thereof, which,
   53  when totaled with all other claims or judgments paid by the
   54  state or its agencies or subdivisions arising out of the same
   55  incident or occurrence, exceeds the sum of $600,000 $300,000.
   56  However, a judgment or judgments may be claimed and rendered in
   57  excess of these amounts and may be settled and paid pursuant to
   58  this act up to $400,000 or $600,000 $200,000 or $300,000, as the
   59  case may be; and that portion of the judgment that exceeds these
   60  amounts may be reported to the Legislature, and but may be paid
   61  in part or in whole only by further act of the Legislature.
   62         (b) Notwithstanding the limited waiver of sovereign
   63  immunity provided in paragraph (a) herein, the state or an
   64  agency or subdivision thereof may agree, within the limits of
   65  insurance coverage provided, to settle a claim made or a
   66  judgment rendered against it in excess of the waiver provided in
   67  paragraph (a) without further action by the Legislature, but the
   68  state or agency or subdivision thereof may shall not be deemed
   69  to have waived any defense of sovereign immunity or to have
   70  increased the limits of its liability as a result of its
   71  obtaining insurance coverage for tortious acts in excess of the
   72  $200,000 or $300,000 waiver provided in paragraph (a). An
   73  insurance policy may not condition the payment of benefits, in
   74  whole or in part, on the enactment of a claim bill above.
   75         (c) The limitations of liability set forth in this
   76  subsection shall apply to the state and its agencies and
   77  subdivisions regardless of whether or not the state or its
   78  agencies or subdivisions possessed sovereign immunity before
   79  July 1, 1974.
   80         (d)(b) A municipality has a duty to allow the municipal law
   81  enforcement agency to respond appropriately to protect persons
   82  and property during a riot or an unlawful assembly based on the
   83  availability of adequate equipment to its municipal law
   84  enforcement officers and relevant state and federal laws. If the
   85  governing body of a municipality or a person authorized by the
   86  governing body of the municipality breaches that duty, the
   87  municipality is civilly liable for any damages, including
   88  damages arising from personal injury, wrongful death, or
   89  property damages proximately caused by the municipality’s breach
   90  of duty. The sovereign immunity recovery limits in paragraph (a)
   91  do not apply to an action under this paragraph.
   92         (e)When determining liability limits for a claim, the
   93  limitations of liability in effect on the date a final judgment
   94  is entered apply to the claim.
   95         (f)Beginning July 1, 2025, and every July 1 thereafter,
   96  the Department of Financial Services shall adjust the
   97  limitations of liability in this subsection to reflect changes
   98  in the Consumer Price Index for the Southeast or a successor
   99  index as calculated by the United States Department of Labor.
  100         (6)(a) An action may not be instituted on a claim against
  101  the state or one of its agencies or subdivisions unless the
  102  claimant presents the claim in writing to the appropriate
  103  agency, and also, except as to any claim against a municipality,
  104  county, or the Florida Space Authority, presents such claim in
  105  writing to the Department of Financial Services, within 3 years
  106  after such claim accrues and the Department of Financial
  107  Services or the appropriate agency denies the claim in writing;
  108  except that, if:
  109         1. Such claim is for contribution pursuant to s. 768.31, it
  110  must be so presented within 6 months after the judgment against
  111  the tortfeasor seeking contribution has become final by lapse of
  112  time for appeal or after appellate review or, if there is no
  113  such judgment, within 6 months after the tortfeasor seeking
  114  contribution has either discharged the common liability by
  115  payment or agreed, while the action is pending against her or
  116  him, to discharge the common liability; or
  117         2. Such action is for wrongful death, the claimant must
  118  present the claim in writing to the Department of Financial
  119  Services within 2 years after the claim accrues; or
  120         3.Such action arises from a violation of s. 794.011
  121  involving a victim who was younger than 16 years of age at the
  122  time of the act, the claimant may present the claim in writing
  123  at any time pursuant to s. 95.11(9).
  124         (14) Every claim against the state or one of its agencies
  125  or subdivisions for damages for a negligent or wrongful act or
  126  omission pursuant to this section is shall be forever barred
  127  unless the civil action is commenced by filing a complaint in
  128  the court of appropriate jurisdiction within 4 years after such
  129  claim accrues; except that:
  130         (a) An action for contribution must be commenced within the
  131  limitations provided in s. 768.31(4);, and
  132         (b) An action for damages arising from medical malpractice
  133  or wrongful death must be commenced within the limitations for
  134  such actions in s. 95.11(4); and
  135         (c)An action arising from acts constituting a violation of
  136  s. 794.011 involving a victim who was younger than 16 years of
  137  age at the time of the act may be commenced at any time pursuant
  138  to s. 95.11(9).
  139         Section 2. Sections 29.0081, 39.8297, 45.061, 110.504,
  140  111.071, 119.15, 125.01015, 163.01, 190.043, 213.015, 252.36,
  141  252.51, 252.89, 252.944, 260.0125, 284.31, 284.38, 288.9625,
  142  322.13, 324.022, 337.19, 341.302, 351.03, 373.1395, 375.251,
  143  379.2293, 381.0056, 393.075, 394.9085, 395.1055, 395.50,
  144  401.425, 403.0862, 403.706, 409.175, 409.993, 415.1103, 420.504,
  145  420.507, 455.221, 455.32, 456.009, 456.048, 456.076, 458.320,
  146  459.0085, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
  147  589.19, 616.242, 624.461, 624.462, 627.733, 627.7491, 723.0611,
  148  741.316, 760.11, 766.1115, 766.112, 766.203, 766.207, 768.1315,
  149  768.1335, 768.135, 768.1355, 768.1382, 768.295, 944.713,
  150  946.5026, 946.514, 961.06, 984.09, 985.037, 1002.33, 1002.333,
  151  1002.34, 1002.351, 1002.37, 1002.451, 1002.55, 1002.83, 1002.88,
  152  1004.41, 1004.43, 1004.447, 1006.23, 1006.24, and 1006.261,
  153  Florida Statutes, are reenacted for the purpose of incorporating
  154  the amendments made by this act to s. 768.28, Florida Statutes,
  155  in references thereto.
  156         Section 3. This act applies to claims accruing on or after
  157  July 1, 2024.
  158         Section 4. This act shall take effect July 1, 2024.