Florida Senate - 2024                CS for CS for CS for SB 472
       
       
        
       By the Committees on Rules; Appropriations; and Governmental
       Oversight and Accountability; and Senators Brodeur and Rouson
       
       
       
       
       595-03783-24                                           2024472c3
    1                        A bill to be entitled                      
    2         An act relating to suits against the government;
    3         amending s. 768.28, F.S.; increasing the statutory
    4         limits on liability for tort claims against the state
    5         and its agencies and subdivisions; prohibiting
    6         insurance policies from placing conditions for payment
    7         upon the enactment of a claim bill; authorizing a
    8         subdivision of the state to settle a claim in excess
    9         of the statutory limit without further action by the
   10         Legislature regardless of insurance coverage limits;
   11         prohibiting a party from lobbying against any agreed
   12         upon settlement brought to the Legislature as a claim
   13         bill; specifying that the limitations in effect on the
   14         date when the claim incident occurred apply to a
   15         claim; requiring the Department of Financial Services,
   16         beginning on a specified date and every 5 years
   17         thereafter, to adjust the limitations of liability for
   18         claims, not to exceed a certain percentage for each
   19         such adjustment; revising the period within which
   20         certain claims must be presented to certain entities;
   21         revising exceptions relating to instituting actions on
   22         tort claims against the state or one of its agencies
   23         or subdivisions; revising the period after which the
   24         failure of certain entities to make final disposition
   25         of a claim shall be deemed a final denial of the claim
   26         for certain purposes; revising the statute of
   27         limitations for tort claims against the state or one
   28         of its agencies or subdivisions and exceptions
   29         thereto; providing a claimant a specific timeframe to
   30         file suit; reenacting ss. 45.061, 110.504, 111.071,
   31         125.01015, 163.01, 190.043, 213.015, 252.51, 252.89,
   32         252.944, 260.0125, 284.31, 284.38, 322.13, 337.19,
   33         341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075,
   34         394.9085, 395.1055, 403.706, 409.175, 409.993,
   35         420.504, 420.507, 455.221, 455.32, 456.009, 456.076,
   36         471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
   37         589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112,
   38         768.1355, 768.1382, 768.295, 944.713, 946.5026,
   39         946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.351,
   40         1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and
   41         1006.261, F.S., to incorporate the amendments made to
   42         s. 768.28, F.S., in references thereto; providing
   43         applicability; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Subsection (5), paragraphs (a) and (d) of
   48  subsection (6), and subsection (14) of section 768.28, Florida
   49  Statutes, are amended to read:
   50         768.28 Waiver of sovereign immunity in tort actions;
   51  recovery limits; civil liability for damages caused during a
   52  riot; limitation on attorney fees; statute of limitations;
   53  exclusions; indemnification; risk management programs.—
   54         (5)(a) The state and its agencies and subdivisions shall be
   55  liable for tort claims in the same manner and to the same extent
   56  as a private individual under like circumstances, but liability
   57  shall not include punitive damages or interest for the period
   58  before judgment. Neither the state nor its agencies or
   59  subdivisions shall be liable to pay a claim or a judgment by any
   60  one person which exceeds the sum of $300,000 $200,000 or any
   61  claim or judgment, or portions thereof, which, when totaled with
   62  all other claims or judgments paid by the state or its agencies
   63  or subdivisions arising out of the same incident or occurrence,
   64  exceeds the sum of $500,000 $300,000. However, a judgment or
   65  judgments may be claimed and rendered in excess of these amounts
   66  and may be settled and paid pursuant to this act up to $300,000
   67  or $500,000 $200,000 or $300,000, as the case may be; and that
   68  portion of the judgment that exceeds these amounts may be
   69  reported to the Legislature, and but may be paid in part or in
   70  whole only by further act of the Legislature.
   71         (b) Notwithstanding the limited waiver of sovereign
   72  immunity provided in paragraph (a):
   73         1.herein, The state or an agency or subdivision thereof
   74  may agree, within the limits of insurance coverage provided, to
   75  settle a claim made or a judgment rendered against it in excess
   76  of the waiver provided in paragraph (a) without further action
   77  by the Legislature.
   78         2.A subdivision of the state may agree to settle a claim
   79  made or a judgment rendered against it in excess of the waiver
   80  provided in paragraph (a) without further action by the
   81  Legislature.
   82  
   83  However, but the state or an agency or subdivision thereof may
   84  shall not be deemed to have waived any defense of sovereign
   85  immunity or to have increased the limits of its liability as a
   86  result of its obtaining insurance coverage for tortious acts in
   87  excess of the $200,000 or $300,000 waiver provided in paragraph
   88  (a). However, a party may not lobby against any agreed upon
   89  settlement brought to the Legislature as a settled claim bill
   90  above. An insurance policy may not condition the payment of
   91  benefits, in whole or in part, on the enactment of a claim bill.
   92         (c) The limitations of liability set forth in this
   93  subsection shall apply to the state and its agencies and
   94  subdivisions whether or not the state or its agencies or
   95  subdivisions possessed sovereign immunity before July 1, 1974.
   96         (d)(b) A municipality has a duty to allow the municipal law
   97  enforcement agency to respond appropriately to protect persons
   98  and property during a riot or an unlawful assembly based on the
   99  availability of adequate equipment to its municipal law
  100  enforcement officers and relevant state and federal laws. If the
  101  governing body of a municipality or a person authorized by the
  102  governing body of the municipality breaches that duty, the
  103  municipality is civilly liable for any damages, including
  104  damages arising from personal injury, wrongful death, or
  105  property damages proximately caused by the municipality’s breach
  106  of duty. The sovereign immunity recovery limits in paragraph (a)
  107  do not apply to an action under this paragraph.
  108         (e)When determining liability limits for a claim, the
  109  limitations of liability in effect on the date when the claim
  110  incident occurred apply to the claim.
  111         (f)Beginning July 1, 2029, and on July 1 every 5 years
  112  thereafter, the Department of Financial Services shall adjust
  113  the limitations of liability in this subsection to reflect
  114  changes in the Consumer Price Index for the Southeast or a
  115  successor index as calculated by the United States Department of
  116  Labor, not to exceed 3 percent for any such adjustment.
  117         (6)(a) An action may not be instituted on a claim against
  118  the state or one of its agencies or subdivisions unless the
  119  claimant presents the claim in writing to the appropriate
  120  agency, and also, except as to any claim against a municipality,
  121  county, or the Florida Space Authority, presents such claim in
  122  writing to the Department of Financial Services, within 18
  123  months 3 years after such claim accrues and the Department of
  124  Financial Services or the appropriate agency denies the claim in
  125  writing; except that, if:
  126         1. Such claim is for contribution pursuant to s. 768.31, it
  127  must be so presented within 6 months after the judgment against
  128  the tortfeasor seeking contribution has become final by lapse of
  129  time for appeal or after appellate review or, if there is no
  130  such judgment, within 6 months after the tortfeasor seeking
  131  contribution has either discharged the common liability by
  132  payment or agreed, while the action is pending against her or
  133  him, to discharge the common liability; or
  134         2. Such action arises from a violation of s. 794.011
  135  involving a victim who was younger than 16 years of age at the
  136  time of the act, the claimant may present the claim in writing
  137  at any time pursuant to s. 95.11(9) is for wrongful death, the
  138  claimant must present the claim in writing to the Department of
  139  Financial Services within 2 years after the claim accrues.
  140         (d) For purposes of this section, complete, accurate, and
  141  timely compliance with the requirements of paragraph (c) shall
  142  occur prior to settlement payment, close of discovery or
  143  commencement of trial, whichever is sooner; provided the ability
  144  to plead setoff is not precluded by the delay. This setoff shall
  145  apply only against that part of the settlement or judgment
  146  payable to the claimant, minus claimant’s reasonable attorney’s
  147  fees and costs. Incomplete or inaccurate disclosure of unpaid
  148  adjudicated claims due the state, its agency, officer, or
  149  subdivision, may be excused by the court upon a showing by the
  150  preponderance of the evidence of the claimant’s lack of
  151  knowledge of an adjudicated claim and reasonable inquiry by, or
  152  on behalf of, the claimant to obtain the information from public
  153  records. Unless the appropriate agency had actual notice of the
  154  information required to be disclosed by paragraph (c) in time to
  155  assert a setoff, an unexcused failure to disclose shall, upon
  156  hearing and order of court, cause the claimant to be liable for
  157  double the original undisclosed judgment and, upon further
  158  motion, the court shall enter judgment for the agency in that
  159  amount. Except as provided otherwise in this subsection, the
  160  failure of the Department of Financial Services or the
  161  appropriate agency to make final disposition of a claim within 4
  162  6 months after it is filed shall be deemed a final denial of the
  163  claim for purposes of this section. For purposes of this
  164  subsection, in medical malpractice actions and in wrongful death
  165  actions, the failure of the Department of Financial Services or
  166  the appropriate agency to make final disposition of a claim
  167  within 90 days after it is filed shall be deemed a final denial
  168  of the claim. The statute of limitations for medical malpractice
  169  actions and wrongful death actions is tolled as to all
  170  prospective defendants for the period of time taken by the
  171  Department of Financial Services or the appropriate agency to
  172  deny the claim. The claimant has 60 days from the date of the
  173  Department of Financial Services’ or the appropriate agency’s
  174  final disposition of a claim or the date at which final denial
  175  of the claim is deemed to have occurred, or the remainder of the
  176  period of the statute of limitations, whichever is greater,
  177  within which to file suit. The provisions of this subsection do
  178  not apply to such claims as may be asserted by counterclaim
  179  pursuant to s. 768.14.
  180         (14) Every claim against the state or one of its agencies
  181  or subdivisions for damages for a negligent or wrongful act or
  182  omission pursuant to this section shall be forever barred unless
  183  the civil action is commenced by filing a complaint in the court
  184  of appropriate jurisdiction:
  185         (a) Within 2 4 years for an action founded on negligence.
  186         (b)Within the limitations provided in s. 768.31(4) for an
  187  action for contribution.
  188         (c)Within the limitations provided in s. 95.11(4) for an
  189  action for damages arising from medical malpractice or wrongful
  190  death.
  191         (d)At any time for an action arising from acts
  192  constituting a violation of s. 794.011 involving a victim who
  193  was younger than 16 years of age pursuant to s. 95.11(9).
  194         (e)Within 4 years for any other action not specified in
  195  this subsection after such claim accrues; except that an action
  196  for contribution must be commenced within the limitations
  197  provided in s. 768.31(4), and an action for damages arising from
  198  medical malpractice or wrongful death must be commenced within
  199  the limitations for such actions in s. 95.11(4).
  200         Section 2. Sections 45.061, 110.504, 111.071, 125.01015,
  201  163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125,
  202  284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395,
  203  375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706,
  204  409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009,
  205  456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
  206  589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355,
  207  768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33,
  208  1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88,
  209  1006.24, and 1006.261, Florida Statutes, are reenacted for the
  210  purpose of incorporating the amendments made by this act to s.
  211  768.28, Florida Statutes, in references thereto.
  212         Section 3. This act applies to claims accruing on or after
  213  October 1, 2024.
  214         Section 4. This act shall take effect October 1, 2024.