Florida Senate - 2026 SENATOR AMENDMENT
Bill No. HB 145
Ì401768FÎ401768
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
03/10/2026 05:25 PM . 03/12/2026 01:47 PM
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Senator Brodeur moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 768.28, Florida Statutes, is amended to
6 read:
7 768.28 Waiver of sovereign immunity in tort actions;
8 recovery limits; civil liability for damages caused during a
9 riot; limitation on attorney fees; statute of limitations;
10 exclusions; indemnification; risk management programs.—
11 (1) In accordance with s. 13, Art. X of the State
12 Constitution, the state, for itself and for its agencies or
13 subdivisions, hereby waives sovereign immunity for liability for
14 torts, but only to the extent specified in this section act.
15 Actions at law against the state or any of its agencies or
16 subdivisions to recover damages in tort for money damages
17 against the state or its agencies or subdivisions for injury or
18 loss of property, personal injury, or death caused by the
19 negligent or wrongful act or omission of any employee of the
20 agency or subdivision while acting within the scope of the
21 employee’s office or employment under circumstances in which the
22 state or such agency or subdivision, if a private person, would
23 be liable to the claimant, in accordance with the general laws
24 of this state, may be prosecuted subject to the limitations
25 specified in this section act. Any authorized such action may be
26 brought in the county where the property in litigation is
27 located or, if the affected agency or subdivision has an office
28 in the such county for the transaction of its customary
29 business, where the cause of action accrued. However, an any
30 such action against a state university board of trustees must
31 shall be brought in the county in which that university’s main
32 campus is located or in the county in which the cause of action
33 accrued if the university maintains therein a substantial
34 presence for the transaction of its customary business in that
35 county.
36 (2) As used in this act, “state agencies or subdivisions”
37 include the executive departments, the Legislature, the judicial
38 branch (including public defenders), and the independent
39 establishments of the state, including state university boards
40 of trustees; counties and municipalities; and corporations
41 primarily acting as instrumentalities or agencies of the state,
42 counties, or municipalities, including the Florida Space
43 Authority.
44 (3) Except for a municipality and the Florida Space
45 Authority, the affected agency or subdivision may, at its
46 discretion, request the assistance of the Department of
47 Financial Services in the consideration, adjustment, and
48 settlement of any claim under this section act.
49 (4) Subject to the provisions of this section, any state
50 agency or subdivision may shall have the right to appeal any
51 award, compromise, settlement, or determination to the court of
52 appropriate jurisdiction.
53 (5)(a) The state and its agencies and subdivisions are
54 shall be liable for tort claims in the same manner and to the
55 same extent as a private individual under like circumstances,
56 but liability may shall not include punitive damages or interest
57 for the period before judgment. Neither The state and nor its
58 agencies or subdivisions are not shall be liable to pay a claim
59 or a judgment by any one person which exceeds the sum of
60 $350,000 $200,000 or any claim or judgment, or portions of a
61 claim or judgment thereof, which, when totaled with all other
62 claims or judgments paid by the state or its agencies or
63 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 section act up to
67 $350,000 $200,000 or $500,000. Any $300,000, as the case may be;
68 and that portion of the judgment that exceeds these amounts may
69 be reported to the Legislature, 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 in paragraph (a) provided herein, the state or an
73 agency or subdivision of the state thereof may agree, within the
74 limits of insurance coverage provided, to settle a claim made or
75 a judgment rendered against it without further action by the
76 Legislature, but the state or agency or subdivision of the state
77 may thereof shall not be deemed to have waived any defense of
78 sovereign immunity or to have increased the limits of its
79 liability as a result of its obtaining insurance coverage for
80 tortious acts in excess of the $350,000 $200,000 or $500,000
81 $300,000 waiver in paragraph (a) provided above.
82 (c) The limitations of liability set forth in this
83 subsection shall apply to the state and its agencies and
84 subdivisions whether or not the state or its agencies or
85 subdivisions possessed sovereign immunity before July 1, 1974.
86 (d)(b) A municipality has a duty to allow the municipal law
87 enforcement agency to respond appropriately to protect persons
88 and property during a riot or an unlawful assembly based on the
89 availability of adequate equipment to its municipal law
90 enforcement officers and relevant state and federal laws. If the
91 governing body of a municipality or a person authorized by the
92 governing body of the municipality breaches that duty, the
93 municipality is civilly liable for any damages, including
94 damages arising from personal injury, wrongful death, or
95 property damages proximately caused by the municipality’s breach
96 of duty. The sovereign immunity recovery limits in paragraph (a)
97 do not apply to an action under this paragraph.
98 (6)(a) An action may not be instituted on a claim against
99 the state or one of its agencies or subdivisions unless the
100 claimant presents the claim in writing to the appropriate
101 agency, and also, except as to any claim against a municipality,
102 county, or the Florida Space Authority, presents the such claim
103 in writing to the Department of Financial Services, within 18
104 months 3 years after the such claim accrues and the Department
105 of Financial Services or the appropriate agency denies the claim
106 in writing; except that, if:
107 1. The Such claim is for contribution pursuant to s.
108 768.31, it must be so presented within 6 months after the
109 judgment against the tortfeasor seeking contribution has become
110 final by lapse of time for appeal or after appellate review or,
111 if there is no final such judgment, within 6 months after the
112 tortfeasor seeking contribution has either discharged the common
113 liability by payment or agreed, while the action is pending
114 against her or him, to discharge the common liability; or
115 2. The Such action arises from a violation of s. 794.011
116 involving a victim who was younger than 16 years of age at the
117 time of the act, the claimant may present the claim in writing
118 at any time. This subparagraph applies to any action other than
119 an action that would have been time barred on or before October
120 1, 2026 is for wrongful death, the claimant must present the
121 claim in writing to the Department of Financial Services within
122 2 years after the claim accrues.
123 (b) For purposes of this section, the requirements of
124 notice to the agency and denial of the claim pursuant to
125 paragraph (a) are conditions precedent to maintaining an action
126 but may shall not be deemed to be elements of the cause of
127 action and do shall not affect the date on which the cause of
128 action accrues.
129 (c) The claimant shall also provide to the agency the
130 claimant’s date and place of birth and social security number if
131 the claimant is an individual, or a federal identification
132 number if the claimant is not an individual. The claimant shall
133 also state the case style, tribunal, the nature and amount of
134 all adjudicated penalties, fines, fees, victim restitution fund,
135 and other judgments in excess of $200, whether imposed by a
136 civil, criminal, or administrative tribunal, owed by the
137 claimant to the state, its agency, officer or subdivision. If
138 there exists no prior adjudicated unpaid claim in excess of
139 $200, the claimant shall so state.
140 (d) For purposes of this section, complete, accurate, and
141 timely compliance with the requirements of paragraph (c) must
142 shall occur before prior to settlement payment, close of
143 discovery, or commencement of trial, whichever is earlier
144 sooner; provided the ability to plead setoff is not precluded by
145 the delay. This setoff applies shall apply only against that
146 part of the settlement or judgment payable to the claimant,
147 minus claimant’s reasonable attorney attorney’s fees and costs.
148 Incomplete or inaccurate disclosure of unpaid adjudicated claims
149 due the state, or, its agency, officer, or subdivision, may be
150 excused by the court upon a showing by the preponderance of the
151 evidence of the claimant’s lack of knowledge of an adjudicated
152 claim and reasonable inquiry by, or on behalf of, the claimant
153 to obtain the information from public records. Unless the
154 appropriate agency had actual notice of the information required
155 to be disclosed by paragraph (c) in time to assert a setoff, an
156 unexcused failure to disclose shall, upon hearing and order of
157 court, cause the claimant to be liable for double the original
158 undisclosed judgment and, upon further motion, the court shall
159 enter judgment for the agency in that amount. Except as provided
160 otherwise in this subsection, the failure of the Department of
161 Financial Services or the appropriate agency to make final
162 disposition of a claim within 4 6 months after it is filed shall
163 be deemed a final denial of the claim for purposes of this
164 section. For purposes of this subsection, in medical malpractice
165 actions and in wrongful death actions, the failure of the
166 Department of Financial Services or the appropriate agency to
167 make final disposition of a claim within 90 days after it is
168 filed shall be deemed a final denial of the claim. The statute
169 of limitations for medical malpractice actions and wrongful
170 death actions is tolled as to all prospective defendants for the
171 period of time taken by the Department of Financial Services or
172 the appropriate agency to deny the claim. The provisions of This
173 subsection does do not apply to such claims that as may be
174 asserted by counterclaim pursuant to s. 768.14.
175 (7) In actions brought pursuant to this section, process
176 must shall be served upon the head of the agency concerned and
177 also, except as to a defendant municipality, county, or the
178 Florida Space Authority, upon the Department of Financial
179 Services.; and The department or the agency served has concerned
180 shall have 30 days within which to file responsive pleadings
181 plead thereto.
182 (8) An No attorney may not charge, demand, receive, or
183 collect, for services rendered, fees in excess of 25 percent of
184 any funds recovered as a result of judgment or settlement.
185 (9)(a) An officer, employee, or agent of the state or of
186 any of its subdivisions may not be held personally liable in
187 tort or named as a party defendant in any action for any injury
188 or damage suffered as a result of any act, event, or omission of
189 action in the scope of her or his employment or function, unless
190 the such officer, employee, or agent acted in bad faith or with
191 malicious purpose or in a manner exhibiting wanton and willful
192 disregard of human rights, safety, or property. However, the
193 such officer, employee, or agent shall be considered an adverse
194 witness in a tort action for any injury or damage suffered as a
195 result of any act, event, or omission of action in the scope of
196 her or his employment or function. The exclusive remedy for
197 injury or damage suffered as a result of an act, event, or
198 omission of an officer, employee, or agent of the state or any
199 of its subdivisions or constitutional officers is by action
200 against the governmental entity, or the head of such entity in
201 her or his official capacity, or the constitutional officer of
202 which the officer, employee, or agent is an employee, unless the
203 such act or omission was committed in bad faith or with
204 malicious purpose or in a manner exhibiting wanton and willful
205 disregard of human rights, safety, or property. The state or its
206 subdivisions are not liable in tort for the acts or omissions of
207 an officer, employee, or agent committed while acting outside
208 the course and scope of her or his employment or committed in
209 bad faith or with malicious purpose or in a manner exhibiting
210 wanton and willful disregard of human rights, safety, or
211 property.
212 (b) As used in this subsection, the term:
213 1. “Employee” includes any volunteer firefighter.
214 2. “Officer, employee, or agent” includes, but is not
215 limited to, any health care provider when providing services
216 pursuant to s. 766.1115; any nonprofit independent college or
217 university located and chartered in this state which owns or
218 operates an accredited medical school, and its employees or
219 agents, when providing patient services pursuant to paragraph
220 (10)(f); any public defender or her or his employee or agent,
221 including an assistant public defender or an investigator; and
222 any member of a Child Protection Team, as defined in s. 39.01,
223 or any member of a threat management team, as described in s.
224 1006.07(7), when carrying out her or his duties as a team member
225 under the control, direction, and supervision of the state or
226 any of its agencies or subdivisions.
227 (c) For purposes of the waiver of sovereign immunity only,
228 a member of the Florida National Guard is not acting within the
229 scope of state employment when performing duty under the
230 provisions of Title 10 or Title 32 of the United States Code or
231 other applicable federal law; and neither the state or nor any
232 individual may not be named in any action under this chapter
233 arising from the performance of such federal duty.
234 (d) The employing agency of a law enforcement officer as
235 defined in s. 943.10 is not liable for injury, death, or
236 property damage effected or caused by a person fleeing from a
237 law enforcement officer in a motor vehicle if:
238 1. The pursuit is conducted in a manner that does not
239 involve conduct by the officer which is so reckless or wanting
240 in care as to constitute disregard of human life, human rights,
241 safety, or the property of another;
242 2. At the time the law enforcement officer initiates the
243 pursuit, the officer reasonably believes that the person fleeing
244 has committed a forcible felony as defined in s. 776.08; and
245 3. The pursuit is conducted by the officer pursuant to a
246 written policy governing high-speed pursuit adopted by the
247 employing agency. The policy must contain specific procedures
248 concerning the proper method to initiate and terminate high
249 speed pursuit. The law enforcement officer must have received
250 instructional training from the employing agency on the written
251 policy governing high-speed pursuit.
252 (10)(a) Health care providers or vendors, or any of their
253 employees or agents, that have contractually agreed to act as
254 agents of the Department of Corrections to provide health care
255 services to inmates of the state correctional system shall be
256 considered agents of the State of Florida, Department of
257 Corrections, for the purposes of this section, while acting
258 within the scope of and pursuant to guidelines established in
259 their contracts said contract or by rule. The contracts must
260 shall provide for the indemnification of the state by the agent
261 for any liabilities incurred up to the limits set out in this
262 chapter.
263 (b) This subsection may shall not be construed as
264 designating persons providing contracted health care services to
265 inmates as employees or agents of the state for the purposes of
266 chapter 440.
267 (c) For purposes of this section, regional poison control
268 centers created in accordance with s. 395.1027 and coordinated
269 and supervised under the Division of Children’s Medical Services
270 Prevention and Intervention of the Department of Health, or any
271 of their employees or agents, shall be considered agents of the
272 State of Florida, Department of Health. Any contracts with
273 poison control centers must provide, to the extent permitted by
274 law, for the indemnification of the state by the agency for any
275 liabilities incurred up to the limits set out in this chapter.
276 (d) For the purposes of this section, operators,
277 dispatchers, and providers of security for rail services and
278 rail facility maintenance providers in the South Florida Rail
279 Corridor, or any of their employees or agents, performing such
280 services under contract with and on behalf of the South Florida
281 Regional Transportation Authority or the Department of
282 Transportation shall be considered agents of the state while
283 acting within the scope of and pursuant to guidelines
284 established in their contracts said contract or by rule.
285 (e) For purposes of this section, a professional firm that
286 provides monitoring and inspection services of the work required
287 for state roadway, bridge, or other transportation facility
288 construction projects, or any employee of a firm performing
289 those such services, is considered an agent of the Department of
290 Transportation while acting within the scope of the firm’s
291 contract with the Department of Transportation to ensure that
292 the project is constructed in conformity with the project’s
293 plans, specifications, and contract provisions. This paragraph
294 applies to a professional firm that is in direct contract with
295 the Department of Transportation, as well as any professional
296 firm providing monitoring and inspection services as a
297 consultant to the professional firm that is in direct contract
298 with the Department of Transportation. Any contract with a
299 professional firm must, to the extent permitted by law, provide
300 for the indemnification of the Department of Transportation for
301 any liability, including reasonable attorney fees, incurred up
302 to the limits set out in this chapter to the extent caused by
303 the negligence of the firm or its employees. This paragraph may
304 not be construed as designating persons who provide monitoring
305 and inspection services as employees or agents of the state for
306 purposes of chapter 440. This paragraph is not applicable to the
307 professional firm or its employees if involved in an accident
308 while operating a motor vehicle. This paragraph is not
309 applicable to a firm engaged by the Department of Transportation
310 for the design or construction of a state roadway, bridge, or
311 other transportation facility construction project or to its
312 employees, agents, or subcontractors.
313 (f) For purposes of this section, any nonprofit independent
314 college or university located and chartered in this state which
315 owns or operates an accredited medical school, or any of its
316 employees or agents, and which has agreed in an affiliation
317 agreement or other contract to provide, or permit its employees
318 or agents to provide, patient services as agents of a teaching
319 hospital, is considered an agent of the teaching hospital while
320 acting within the scope of and pursuant to guidelines
321 established in the affiliation agreement or other contract. To
322 the extent allowed by law, the contract must provide for the
323 indemnification of the teaching hospital, up to the limits set
324 out in this chapter, by the agent for any liability incurred
325 which was caused by the negligence of the college or university
326 or its employees or agents. The contract must also provide that
327 those limited portions of the college, university, or medical
328 school which are directly providing services pursuant to the
329 contract and which are considered an agent of the teaching
330 hospital for purposes of this section are deemed to be acting on
331 behalf of a public agency as defined in s. 119.011(2).
332 1. For purposes of this paragraph, the term:
333 a. “Employee or agent” means an officer, employee, agent,
334 or servant of a nonprofit independent college or university
335 located and chartered in this state which owns or operates an
336 accredited medical school, including, but not limited to, the
337 faculty of the medical school, any health care practitioner or
338 licensee as defined in s. 456.001 for which the college or
339 university is vicariously liable, and the staff or
340 administrators of the medical school.
341 b. “Patient services” means:
342 (I) Comprehensive health care services as defined in s.
343 641.19, including any related administrative service, provided
344 to patients in a teaching hospital;
345 (II) Training and supervision of interns, residents, and
346 fellows providing patient services in a teaching hospital; or
347 (III) Training and supervision of medical students in a
348 teaching hospital.
349 c. “Teaching hospital” means a teaching hospital as defined
350 in s. 408.07 which is owned or operated by the state, a county
351 or municipality, a public health trust, a special taxing
352 district, a governmental entity having health care
353 responsibilities, or a not-for-profit entity that operates such
354 facility as an agent of the state, or a political subdivision of
355 the state, under a lease or other contract.
356 2. The teaching hospital or the medical school, or its
357 employees or agents, must provide notice to each patient, or the
358 patient’s legal representative, that the college or university
359 that owns or operates the medical school and the employees or
360 agents of that college or university are acting as agents of the
361 teaching hospital and that the exclusive remedy for injury or
362 damage suffered as the result of any act or omission of the
363 teaching hospital, the college or university that owns or
364 operates the medical school, or the employees or agents of the
365 college or university, while acting within the scope of duties
366 pursuant to the affiliation agreement or other contract with a
367 teaching hospital, is by commencement of an action pursuant to
368 the provisions of this section. This notice requirement may be
369 met by posting the notice in a place conspicuous to all persons.
370 3. This paragraph does not designate any employee providing
371 contracted patient services in a teaching hospital as an
372 employee or agent of the state for purposes of chapter 440.
373 (g) For the purposes of this section, the executive
374 director of the Board of Nursing, when serving as the state
375 administrator of the Nurse Licensure Compact pursuant to s.
376 464.0095, and any administrator, officer, executive director,
377 employee, or representative of the Interstate Commission of
378 Nurse Licensure Compact Administrators, when acting within the
379 scope of their employment, duties, or responsibilities in this
380 state, are considered agents of the state. The commission shall
381 pay any claims or judgments pursuant to this section and may
382 maintain insurance coverage to pay any such claims or judgments.
383 (h) For purposes of this section, the individual appointed
384 under s. 491.004(8) as the state’s delegate on the Counseling
385 Compact Commission, when serving in that capacity pursuant to s.
386 491.017, and any administrator, officer, executive director,
387 employee, or representative of the commission, when acting
388 within the scope of his or her employment, duties, or
389 responsibilities in this state, is considered an agent of the
390 state. The commission shall pay any claims or judgments pursuant
391 to this section and may maintain insurance coverage to pay those
392 any such claims or judgments.
393 (i) For purposes of this section, the individual appointed
394 under s. 490.004(7) as the state’s commissioner on the
395 Psychology Interjurisdictional Compact Commission, when serving
396 in that capacity pursuant to s. 490.0075, and any administrator,
397 officer, executive director, employee, or representative of the
398 Psychology Interjurisdictional Compact Commission, when acting
399 within the scope of his or her employment, duties, or
400 responsibilities in this state, is considered an agent of the
401 state. The commission shall pay any claims or judgments pursuant
402 to this section and may maintain insurance coverage to pay those
403 any such claims or judgments.
404 (j) For purposes of this section, the representative
405 appointed from the Board of Medicine and the representative
406 appointed from the Board of Osteopathic Medicine, when serving
407 as commissioners of the Interstate Medical Licensure Compact
408 Commission pursuant to s. 456.4501, and any administrator,
409 officer, executive director, employee, or representative of the
410 Interstate Medical Licensure Compact Commission, when acting
411 within the scope of their employment, duties, or
412 responsibilities in this state, are considered agents of the
413 state. The commission shall pay any claims or judgments pursuant
414 to this section and may maintain insurance coverage to pay those
415 any such claims or judgments.
416 (k) For purposes of this section, the individuals appointed
417 under s. 468.1135(4) as the state’s delegates on the Audiology
418 and Speech-Language Pathology Interstate Compact Commission,
419 when serving in that capacity pursuant to s. 468.1335, and any
420 administrator, officer, executive director, employee, or
421 representative of the commission, when acting within the scope
422 of his or her employment, duties, or responsibilities in this
423 state, is considered an agent of the state. The commission shall
424 pay any claims or judgments pursuant to this section and may
425 maintain insurance coverage to pay those any such claims or
426 judgments.
427 (l) For purposes of this section, the individual appointed
428 under s. 486.023(5) as the state’s delegate on the Physical
429 Therapy Compact Commission, when serving in that capacity
430 pursuant to s. 486.112, and any administrator, officer,
431 executive director, employee, or representative of the Physical
432 Therapy Compact Commission, when acting within the scope of his
433 or her employment, duties, or responsibilities in this state, is
434 considered an agent of the state. The commission shall pay any
435 claims or judgments pursuant to this section and may maintain
436 insurance coverage to pay those any such claims or judgments.
437 (11)(a) Providers or vendors, or any of their employees or
438 agents, that have contractually agreed to act on behalf of the
439 state as agents of the Department of Juvenile Justice to provide
440 services to children in need of services, families in need of
441 services, or juvenile offenders are, solely with respect to such
442 services, agents of the state for purposes of this section while
443 acting within the scope of and pursuant to guidelines
444 established in the contract or by rule. A contract must provide
445 for the indemnification of the state by the agent for any
446 liabilities incurred up to the limits set out in this chapter.
447 (b) This subsection does not designate a person who
448 provides contracted services to juvenile offenders as an
449 employee or agent of the state for purposes of chapter 440.
450 (12)(a) A health care practitioner, as defined in s.
451 456.001(4), who has contractually agreed to act as an agent of a
452 state university board of trustees to provide medical services
453 to a student athlete for participation in or as a result of
454 intercollegiate athletics, to include team practices, training,
455 and competitions, shall be considered an agent of the respective
456 state university board of trustees, for the purposes of this
457 section, while acting within the scope of and pursuant to
458 guidelines established in that contract. The contracts must
459 shall provide for the indemnification of the state by the agent
460 for any liabilities incurred up to the limits set out in this
461 chapter.
462 (b) This subsection may shall not be construed as
463 designating persons providing contracted health care services to
464 athletes as employees or agents of a state university board of
465 trustees for the purposes of chapter 440.
466 (13) Laws allowing the state or its agencies or
467 subdivisions to buy insurance are still in force and effect and
468 are not restricted in any way by the terms of this section act.
469 (14) A Every claim against the state or one of its agencies
470 or subdivisions for damages for a negligent or wrongful act or
471 omission pursuant to this section is shall be forever barred
472 unless the civil action is commenced by filing a complaint in
473 the court of appropriate jurisdiction:
474 (a) Within 2 years for an action founded on negligence.
475 (b) Within the limitations provided in s. 768.31(4) for an
476 action for contribution.
477 (c) Within the limitations provided in s. 95.11(5) for an
478 action for damages arising from medical malpractice or wrongful
479 death.
480 (d) At any time for an action arising from an act
481 constituting a violation of s. 794.011 involving a victim who
482 was under the age of 16 years at the time of the act. This
483 paragraph applies to any such action other than an action that
484 would have been time barred on or before October 1, 2026.
485 (e) Within 4 years for any other action not specified in
486 this subsection 4 years after the such claim accrues; except
487 that an action for contribution must be commenced within the
488 limitations provided in s. 768.31(4), and an action for damages
489 arising from medical malpractice or wrongful death must be
490 commenced within the limitations for such actions in s.
491 95.11(5).
492 (15) An No action may not be brought against the state or
493 any of its agencies or subdivisions by anyone who unlawfully
494 participates in a riot, unlawful assembly, public demonstration,
495 mob violence, or civil disobedience if the claim arises out of
496 the such riot, unlawful assembly, public demonstration, mob
497 violence, or civil disobedience. Nothing in This subsection does
498 not act shall abridge traditional immunities pertaining to
499 statements made in court.
500 (16)(a) The state and its agencies and subdivisions are
501 authorized to be self-insured, to enter into risk management
502 programs, or to purchase liability insurance for whatever
503 coverage they may choose, or to have any combination thereof, in
504 anticipation of any claim, judgment, and claims bill that which
505 they may be liable to pay pursuant to this section. Agencies or
506 subdivisions, and sheriffs, that are subject to homogeneous
507 risks may purchase insurance jointly or may join together as
508 self-insurers to provide other means of protection against tort
509 claims, any charter provisions or laws to the contrary
510 notwithstanding.
511 (b) Claims files maintained by any risk management program
512 administered by the state, its agencies, and its subdivisions
513 are confidential and exempt from the provisions of s. 119.07(1)
514 and s. 24(a), Art. I of the State Constitution until termination
515 of all litigation and settlement of all claims arising out of
516 the same incident, although portions of the claims files may
517 remain exempt, as otherwise provided by law. Claims files
518 records may be released to other governmental agencies upon
519 written request and demonstration of need. Any; such records
520 held by the receiving agency remain confidential and exempt as
521 provided for in this paragraph.
522 (c) Portions of meetings and proceedings conducted pursuant
523 to any risk management program administered by the state, its
524 agencies, or its subdivisions, which relate solely to the
525 evaluation of claims filed with the risk management program or
526 which relate solely to offers of compromise of claims filed with
527 the risk management program are exempt from the provisions of s.
528 286.011 and s. 24(b), Art. I of the State Constitution. Until
529 termination of all litigation and settlement of all claims
530 arising out of the same incident, persons privy to discussions
531 pertinent to the evaluation of a filed claim are shall not be
532 subject to subpoena in any administrative or civil proceeding
533 with regard to the content of those discussions.
534 (d) Minutes of the meetings and proceedings of any risk
535 management program administered by the state, its agencies, or
536 its subdivisions, which relate solely to the evaluation of
537 claims filed with the risk management program or which relate
538 solely to offers of compromise of claims filed with the risk
539 management program are exempt from the provisions of s.
540 119.07(1) and s. 24(a), Art. I of the State Constitution until
541 termination of all litigation and settlement of all claims
542 arising out of the same incident.
543 (17) This section, as amended by chapter 81-317, Laws of
544 Florida, shall apply only to causes of actions which accrue on
545 or after October 1, 1981.
546 (18) A No provision of this section, or of any other
547 section of the Florida Statutes, whether read separately or in
548 conjunction with any other provision, may not shall be construed
549 to waive the immunity of the state or any of its agencies from
550 suit in federal court, as that such immunity is guaranteed by
551 the Eleventh Amendment to the Constitution of the United States,
552 unless the such waiver is explicitly and definitely stated to be
553 a waiver of the immunity of the state and its agencies from suit
554 in federal court. This subsection may shall not be construed to
555 mean that the state has at any time previously waived, by
556 implication, its immunity, or that of any of its agencies, from
557 suit in federal court through any statute in existence before
558 prior to June 24, 1984.
559 (18)(19) Neither The state or an nor any agency or
560 subdivision of the state does not waive waives any defense of
561 sovereign immunity, or increase increases the limits of its
562 liability, upon entering into a contract contractual
563 relationship with another agency or subdivision of the state.
564 The Such a contract may must not contain any provision that
565 requires one party to indemnify or insure the other party for
566 the other party’s negligence or to assume any liability for the
567 other party’s negligence. This does not preclude a party from
568 requiring a nongovernmental entity to provide such
569 indemnification or insurance. The restrictions of this
570 subsection do not prohibit prevent a regional water supply
571 authority from indemnifying and assuming the liabilities of its
572 member governments for obligations arising from past acts or
573 omissions at or with property acquired from a member government
574 by the authority and arising from the acts or omissions of the
575 authority in performing activities contemplated by an interlocal
576 agreement. The Such indemnification may not be considered to
577 increase or otherwise waive the limits of liability to third
578 party claimants established by this section.
579 (19)(20) Every municipality, and any of its agencies agency
580 thereof, may is authorized to undertake to indemnify those
581 employees who that are exposed to personal liability pursuant to
582 the Clean Air Act Amendments of 1990, 42 U.S.C.A. ss. 7401 et
583 seq., and all rules and regulations adopted to implement that
584 act, for acts performed within the course and scope of their
585 employment with the municipality or its agency, including, but
586 not limited to, indemnification pertaining to the holding,
587 transfer, or disposition of allowances allocated to the
588 municipality’s or its agency’s electric generating units, and
589 the monitoring, submission, certification, and compliance with
590 permits, permit applications, records, compliance plans, and
591 reports for those units, when those such acts are performed
592 within the course and scope of their employment with the
593 municipality or its agency. The authority to indemnify under
594 this section covers every act by an employee which is when such
595 act is performed within the course and scope of her or his
596 employment with the municipality or its agency, but does not
597 cover any act of willful misconduct or any intentional or
598 knowing violation of any law by the employee. The authority to
599 indemnify under this section includes, but is not limited to,
600 the authority to pay any fine and provide legal representation
601 in any action.
602 Section 2. This act applies to causes of action that accrue
603 on or after October 1, 2026.
604 Section 3. Paragraph (b) of subsection (2) of section
605 29.0081, Florida Statutes, is amended to read:
606 29.0081 County funding of additional court personnel.—
607 (2) The agreement shall, at a minimum, provide that:
608 (b) The personnel whose employment is funded under the
609 agreement are hired, supervised, managed, and fired by personnel
610 of the judicial circuit. The county shall be considered the
611 employer for purposes of s. 440.10 and chapter 443. Employees
612 funded by the county under this section and other county
613 employees may be aggregated for purposes of a flexible benefits
614 plan pursuant to s. 125 of the Internal Revenue Code of 1986.
615 The judicial circuit shall supervise the personnel whose
616 employment is funded under the agreement; be responsible for
617 compliance with all requirements of federal and state employment
618 laws, including, but not limited to, Title VII of the Civil
619 Rights Act of 1964, Title I of the Americans with Disabilities
620 Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
621 Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
622 440.105, and 440.205; and fully indemnify the county from any
623 liability under such laws, as authorized by s. 768.28(18) s.
624 768.28(19), to the extent such liability is the result of the
625 acts or omissions of the judicial circuit or its agents or
626 employees.
627 Section 4. Paragraph (b) of subsection (2) of section
628 39.8297, Florida Statutes, is amended to read:
629 39.8297 County funding for guardian ad litem employees.—
630 (2) The agreement, at a minimum, must provide that:
631 (b) The persons who are employed will be hired, supervised,
632 managed, and terminated by the executive director of the
633 Statewide Guardian ad Litem Office. The statewide office is
634 responsible for compliance with all requirements of federal and
635 state employment laws, and shall fully indemnify the county from
636 any liability under such laws, as authorized by s. 768.28(18) s.
637 768.28(19), to the extent such liability is the result of the
638 acts or omissions of the Statewide Guardian ad Litem Office or
639 its agents or employees.
640 Section 5. Paragraph (a) of subsection (3) of section
641 343.811, Florida Statutes, is amended to read:
642 343.811 Power to assume indemnification and insurance
643 obligations.—
644 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
645 conjunction with the development or operation of a commuter rail
646 service on the Coastal Link corridor, an agency may:
647 (a) Assume obligations pursuant to the following:
648 1.a. The agency may assume the obligation by contract to
649 protect, defend, indemnify, and hold harmless FECR and its
650 officers, agents, and employees from and against:
651 (I) Any liability, cost, and expense, including, but not
652 limited to, the agency’s passengers and other rail corridor
653 invitees in, on, or about the Coastal Link corridor, regardless
654 of whether the loss, damage, destruction, injury, or death
655 giving rise to any such liability, cost, or expense is caused in
656 whole or in part, and to whatever nature or degree, by the
657 fault, failure, negligence, misconduct, nonfeasance, or
658 misfeasance of such freight rail operator, its successors, or
659 its officers, agents, and employees, or any other person or
660 persons whomsoever.
661 (II) Any loss, injury, or damage incurred by other rail
662 corridor invitees up to the amount of the self-insurance
663 retention amount with respect to limited covered accidents
664 caused by the agency.
665 b. The agency may assume the obligation by contract to
666 protect, defend, indemnify, and hold harmless Brightline and its
667 officers, agents, and employees from and against:
668 (I) Any liability, cost, and expense, including, but not
669 limited to, the agency’s passengers and rail corridor invitees
670 in the Coastal Link corridor, regardless of whether the loss,
671 damage, destruction, injury, or death giving rise to any such
672 liability, cost, or expense is caused in whole or in part, and
673 to whatever nature or degree, by the fault, failure, negligence,
674 misconduct, nonfeasance, or misfeasance of Brightline, its
675 successors, or its officers, agents, and employees, or any other
676 person or persons whomsoever.
677 (II) Any loss, injury, or damage incurred by other rail
678 corridor invitees up to the amount of the self-insurance
679 retention amount with respect to limited covered accidents
680 caused by the agency.
681 2. The assumption of liability of the agency by contract
682 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
683 not in any instance exceed the following parameters of
684 allocation of risk:
685 a. The agency may be solely responsible for any loss,
686 injury, or damage to the agency’s passengers, or rail corridor
687 invitees, third parties, or trespassers, regardless of
688 circumstances or cause, subject to sub-subparagraph b. and
689 subparagraphs 3., 4., and 5.
690 b.(I) In the event of a limited covered accident caused by
691 FECR, the authority of an agency to protect, defend, and
692 indemnify FECR for all liability, cost, and expense, including
693 punitive or exemplary damages, in excess of the self-insurance
694 retention amount exists only if FECR agrees, with respect to
695 such limited covered accident caused by FECR, to protect,
696 defend, and indemnify the agency for the amount of the self
697 insurance retention amount.
698 (II) In the event of a limited covered accident caused by
699 Brightline, the authority of an agency to protect, defend, and
700 indemnify Brightline for all liability, cost, and expense,
701 including punitive or exemplary damages, in excess of the self
702 insurance retention amount exists only if Brightline agrees,
703 with respect to such limited covered accident, to protect,
704 defend, and indemnify the agency for the amount of the self
705 insurance retention amount.
706 3. When only one train is involved in an incident and:
707 a. The train is an agency’s train, including an incident
708 with trespassers or at-grade crossings, the agency may be solely
709 responsible for any loss, injury, or damage.
710 b. The train is FECR’s train, including an incident with
711 trespassers or at-grade crossings, FECR is solely responsible
712 for any loss, injury, or damage, except for the agency’s
713 passengers and other rail corridor invitees, which are the
714 responsibility of the agency, and Brightline’s passengers and
715 other rail corridor invitees, which are the responsibility of
716 Brightline.
717 c. The train is Brightline’s train, including an incident
718 with trespassers or at-grade crossings, Brightline is solely
719 responsible for any loss, injury, or damage, except for the
720 agency’s passengers or rail corridor invitees, which are the
721 responsibility of the agency, and FECR’s rail corridor invitees,
722 which are the responsibility of FECR.
723 4. When an incident involves more than one operator, each
724 operator is responsible for:
725 a. Its property; passengers; employees, excluding employees
726 who are, at the time of the incident, rail corridor invitees of
727 another operator; and other rail corridor invitees.
728 b. Its proportionate share of any loss or damage to the
729 joint infrastructure.
730 c. Its proportionate share of any loss, injury, or damage
731 to:
732 (I) Rail corridor invitees who are not rail corridor
733 invitees of operators, provided that the agency shall always be
734 responsible for its passengers and its rail corridor invitees
735 regardless of whether the agency was involved in the incident.
736 (II) Trespassers or third parties outside the Coastal Link
737 corridor as a result of the incident.
738 5. Any such contractual duty to protect, defend, indemnify,
739 and hold harmless FECR or Brightline with respect to claims by
740 rail passengers shall expressly include a specific cap on the
741 amount of the contractual duty, which amount may not exceed $323
742 million per occurrence and shall be adjusted so that the per
743 occurrence insurance requirement is equal to the aggregate
744 allowable awards to all rail passengers, against all defendants,
745 for all claims, including claims for punitive damages, arising
746 from a single accident or incident in accordance with 49 U.S.C.
747 s. 28103, or any successor provision, without prior legislative
748 approval.
749 6. Notwithstanding any provision of this section to the
750 contrary, the liabilities of the agency to the state or any
751 other agency shall be as set forth in an agreement among such
752 entities and limited by s. 768.28(18) s. 768.28(19).
753
754 Neither the assumption by contract to protect, defend,
755 indemnify, and hold harmless; the purchase of insurance; nor the
756 establishment of a self-insurance retention fund shall be deemed
757 to be a waiver of any defense of sovereign immunity for tort
758 claims or deemed to increase the limits of the agency’s
759 liability for tort claims as provided in s. 768.28.
760 Section 6. Subsection (2) of section 944.713, Florida
761 Statutes, is amended to read:
762 944.713 Insurance against liability.—
763 (2) The contract shall provide for indemnification of the
764 state by the private vendor for any liabilities incurred up to
765 the limits provided under s. 768.28(5). The contract shall
766 provide that the private vendor, or the insurer of the private
767 vendor, is liable to pay any claim or judgment for any one
768 person which does not exceed the applicable maximum amount
769 provided in s. 768.28(5) sum of $100,000 or any claim or
770 judgment, or portions thereof, which, when totaled with all
771 other claims or judgments arising out of the same incident or
772 occurrence, does not exceed the sum of $200,000. In addition,
773 the contractor must agree to defend, hold harmless, and
774 indemnify the department against any and all actions, claims,
775 damages and losses, including costs and attorney’s fees.
776 Section 7. For the purpose of incorporating the amendment
777 made by this act to section 768.28, Florida Statutes, in a
778 reference thereto, subsection (5) of section 45.061, Florida
779 Statutes, is reenacted to read:
780 45.061 Offers of settlement.—
781 (5) Sanctions authorized under this section may be imposed
782 notwithstanding any limitation on recovery of costs or expenses
783 which may be provided by contract or in other provisions of
784 Florida law. This section shall not be construed to waive the
785 limits of sovereign immunity set forth in s. 768.28.
786 Section 8. For the purpose of incorporating the amendment
787 made by this act to section 768.28, Florida Statutes, in a
788 reference thereto, paragraph (f) of subsection (6) of section
789 95.11, Florida Statutes, is reenacted to read:
790 95.11 Limitations other than for the recovery of real
791 property.—Actions other than for recovery of real property shall
792 be commenced as follows:
793 (6) WITHIN ONE YEAR.—
794 (f) Except for actions described in subsection (9), or a
795 petition challenging a criminal conviction, all petitions;
796 extraordinary writs; tort actions, including those under s.
797 768.28(14); or other actions which concern any condition of
798 confinement of a prisoner filed by or on behalf of a prisoner as
799 defined in s. 57.085. Any petition, writ, or action brought
800 under this paragraph must be commenced within 1 year after the
801 time the incident, conduct, or conditions occurred or within 1
802 year after the time the incident, conduct, or conditions were
803 discovered, or should have been discovered.
804 Section 9. For the purpose of incorporating the amendment
805 made by this act to section 768.28, Florida Statutes, in a
806 reference thereto, subsection (4) of section 110.504, Florida
807 Statutes, is reenacted to read:
808 110.504 Volunteer benefits.—
809 (4) Volunteers shall be covered by state liability
810 protection in accordance with the definition of a volunteer and
811 the provisions of s. 768.28.
812 Section 10. For the purpose of incorporating the amendment
813 made by this act to section 768.28, Florida Statutes, in a
814 reference thereto, paragraph (a) of subsection (1) of section
815 111.071, Florida Statutes, is reenacted to read:
816 111.071 Payment of judgments or settlements against certain
817 public officers or employees.—
818 (1) Any county, municipality, political subdivision, or
819 agency of the state which has been excluded from participation
820 in the Insurance Risk Management Trust Fund is authorized to
821 expend available funds to pay:
822 (a) Any final judgment, including damages, costs, and
823 attorney’s fees, arising from a complaint for damages or injury
824 suffered as a result of any act or omission of action of any
825 officer, employee, or agent in a civil or civil rights lawsuit
826 described in s. 111.07. If the civil action arises under s.
827 768.28 as a tort claim, the limitations and provisions of s.
828 768.28 governing payment shall apply. If the action is a civil
829 rights action arising under 42 U.S.C. s. 1983, or similar
830 federal statutes, payments for the full amount of the judgment
831 may be made unless the officer, employee, or agent has been
832 determined in the final judgment to have caused the harm
833 intentionally.
834 Section 11. For the purpose of incorporating the amendment
835 made by this act to section 768.28, Florida Statutes, in a
836 reference thereto, paragraph (b) of subsection (2) of section
837 125.01015, Florida Statutes, is reenacted to read:
838 125.01015 Office of the sheriff.—
839 (2) To ensure the successful transfer of the exclusive
840 policing responsibility and authority to the sheriff in a
841 county, as defined in s. 125.011(1), the board of county
842 commissioners shall:
843 (b) After the election of the sheriff is certified:
844 1. Provide funding for all of the necessary staff and
845 office space for the sheriff-elect to establish an independent
846 office of the sheriff, so that the office may effectively
847 operate and perform all of the functions required by general law
848 when the sheriff-elect takes office.
849 2. Provide funding for the sheriff-elect to select any
850 necessary insurances not provided by the county through the
851 interlocal agreement required under sub-subparagraph 6.d. to
852 allow the sheriff to effectively operate and perform all of the
853 functions required by general law when he or she takes office.
854 3. Provide funding for the sheriff-elect to establish bank
855 and other accounts, as necessary, in his or her official
856 capacity as sheriff, so that such accounts become operational
857 when he or she takes office.
858 4. Unless otherwise transferable based on existing surety
859 bonds for the sheriff’s deputies, provide funding for and
860 facilitate procurement of the required surety bonds for deputy
861 sheriffs pursuant to s. 30.09, so that such bonds are in place
862 when the sheriff-elect takes office.
863 5. Prepare and deliver to the office of the sheriff all
864 documents, property, and other items listed in subsection (4).
865 6. Notwithstanding any provision to the contrary, for a
866 term commencing on January 7, 2025, and ending on or after
867 September 30, 2028, provide the sheriff-elect taking office
868 with, and require the sheriff-elect taking office to use, not
869 less than the substantially and materially same support
870 services, facilities, office space, and information technology
871 infrastructure provided to county offices or departments
872 performing the duties to be performed by the sheriff-elect upon
873 taking office in the 1-year period before he or she takes
874 office.
875 a. As used in this subparagraph, the term “support
876 services” includes:
877 (I) Property and facilities, and the management and
878 maintenance for such property and facilities.
879 (II) Communications infrastructure, including telephone and
880 Internet connectivity.
881 (III) Risk management, including processing, adjusting, and
882 payment of all claims and demands, including those made under s.
883 768.28. The county shall provide the sheriff with all required
884 general liability, property, and other insurance coverage
885 through its self-insurance program, a self-insurance risk pool,
886 or commercial insurance. If the county provides insurance
887 through a self-insurance program, the county must also provide
888 the sheriff with commercial stop-loss coverage in an amount and
889 with a self-insured retention agreed upon by the sheriff and the
890 county.
891 (IV) Legal representation and advice through the office of
892 the county attorney for all claims, demands, and causes of
893 action brought against the sheriff, his or her deputies, or
894 other personnel in their official and individual capacities,
895 while acting in their official and individual capacities,
896 including any required outside counsel due to conflicts of
897 interest. This sub-sub-subparagraph does not prohibit the
898 sheriff from employing or retaining his or her own legal
899 representation as he or she deems necessary.
900 (V) Purchasing and procurement services using procedures
901 under the laws and ordinances applicable to the county for
902 purchases requiring competitive procurement.
903 (VI) Budget and fiscal software and budget development
904 services.
905 (VII) Human resource services, including, but not limited
906 to, facilitation of the hiring process, including employee
907 applicant screening and employee applicant background checks,
908 and employee benefit administration. The county may provide
909 human resource services to the sheriff. However, the sheriff is
910 the employer of his or her employees, and the sheriff retains
911 full and complete control and authority over the hiring of his
912 or her employees and the terms and conditions of employment,
913 including employee discipline and termination of employment. The
914 provision of human resource services by the county to the
915 sheriff does not create a joint-employer relationship. The
916 sheriff’s employees shall remain members of the county’s health
917 insurance and workers’ compensation plans for at least the term
918 set forth in this subparagraph.
919 (VIII) Fleet management, including procurement of all
920 vehicles and other mobile assets such as boats and aircraft, and
921 all vehicle repair and maintenance.
922 b. As used in this subparagraph, the term “information
923 technology infrastructure” includes:
924 (I) All hardware, including computers.
925 (II) Budget and fiscal software, including payroll and
926 purchasing software.
927 (III) Computer-aided dispatch.
928 c. Under a cost allocation plan agreed to by the county and
929 the sheriff, the sheriff shall pay the county for such support
930 services and information technology infrastructure from his or
931 her general fund budget, except for any support services and
932 information technology infrastructure costs that general law
933 otherwise and expressly requires the county to fund outside the
934 sheriff’s budget.
935 d. To satisfy compliance with this subsection and to
936 establish the office of the sheriff in a manner that minimizes
937 unnecessary financial expenditures, the county and the sheriff
938 shall execute an interlocal agreement addressing the
939 requirements of this subsection and other expenditures,
940 including an appropriate phase-in period for identification of
941 the sheriff’s assets with the sheriff’s markings to minimize the
942 cost to taxpayers. The interlocal agreement shall have a term
943 that ends no earlier than September 30, 2028, and may be
944 amended, renewed, extended, or newly adopted at any time
945 following the expiration or termination of the agreement. After
946 the initial period ending no earlier than September 30, 2028, an
947 interlocal agreement may be entered into between the county and
948 the sheriff which provides for the same or different
949 requirements as set forth in this subsection.
950 Section 12. For the purpose of incorporating the amendment
951 made by this act to section 768.28, Florida Statutes, in
952 references thereto, paragraph (h) of subsection (3) and
953 paragraph (k) of subsection (15) of section 163.01, Florida
954 Statutes, are reenacted to read:
955 163.01 Florida Interlocal Cooperation Act of 1969.—
956 (3) As used in this section:
957 (h) “Local government liability pool” means a reciprocal
958 insurer as defined in s. 629.011 or any self-insurance program
959 created pursuant to s. 768.28(16), formed and controlled by
960 counties or municipalities of this state to provide liability
961 insurance coverage for counties, municipalities, or other public
962 agencies of this state, which pool may contract with other
963 parties for the purpose of providing claims administration,
964 processing, accounting, and other administrative facilities.
965 (15) Notwithstanding any other provision of this section or
966 of any other law except s. 361.14, any public agency of this
967 state which is an electric utility, or any separate legal entity
968 created pursuant to the provisions of this section, the
969 membership of which consists only of electric utilities, and
970 which exercises or proposes to exercise the powers granted by
971 part II of chapter 361, the Joint Power Act, may exercise any or
972 all of the following powers:
973 (k) The limitations on waiver in the provisions of s.
974 768.28 or any other law to the contrary notwithstanding, the
975 Legislature, in accordance with s. 13, Art. X of the State
976 Constitution, hereby declares that any such legal entity or any
977 public agency of this state that participates in any electric
978 project waives its sovereign immunity to:
979 1. All other persons participating therein; and
980 2. Any person in any manner contracting with a legal entity
981 of which any such public agency is a member, with relation to:
982 a. Ownership, operation, or any other activity set forth in
983 sub-subparagraph (b)2.d. with relation to any electric project;
984 or
985 b. The supplying or purchasing of services, output,
986 capacity, energy, or any combination thereof.
987 Section 13. For the purpose of incorporating the amendment
988 made by this act to section 768.28, Florida Statutes, in a
989 reference thereto, section 190.043, Florida Statutes, is
990 reenacted to read:
991 190.043 Suits against the district.—Any suit or action
992 brought or maintained against the district for damages arising
993 out of tort, including, without limitation, any claim arising
994 upon account of an act causing an injury or loss of property,
995 personal injury, or death, shall be subject to the limitations
996 provided in s. 768.28.
997 Section 14. For the purpose of incorporating the amendment
998 made by this act to section 768.28, Florida Statutes, in a
999 reference thereto, subsection (13) of section 213.015, Florida
1000 Statutes, is reenacted to read:
1001 213.015 Taxpayer rights.—There is created a Florida
1002 Taxpayer’s Bill of Rights to guarantee that the rights, privacy,
1003 and property of Florida taxpayers are adequately safeguarded and
1004 protected during tax assessment, collection, and enforcement
1005 processes administered under the revenue laws of this state. The
1006 Taxpayer’s Bill of Rights compiles, in one document, brief but
1007 comprehensive statements which explain, in simple, nontechnical
1008 terms, the rights and obligations of the Department of Revenue
1009 and taxpayers. Section 192.0105 provides additional rights
1010 afforded to payors of property taxes and assessments. The rights
1011 afforded taxpayers to ensure that their privacy and property are
1012 safeguarded and protected during tax assessment and collection
1013 are available only insofar as they are implemented in other
1014 parts of the Florida Statutes or rules of the Department of
1015 Revenue. The rights so guaranteed Florida taxpayers in the
1016 Florida Statutes and the departmental rules are:
1017 (13) The right to an action at law within the limitations
1018 of s. 768.28, relating to sovereign immunity, to recover damages
1019 against the state or the Department of Revenue for injury caused
1020 by the wrongful or negligent act or omission of a department
1021 officer or employee (see s. 768.28).
1022 Section 15. For the purpose of incorporating the amendment
1023 made by this act to section 768.28, Florida Statutes, in a
1024 reference thereto, section 252.51, Florida Statutes, is
1025 reenacted to read:
1026 252.51 Liability.—Any person or organization, public or
1027 private, owning or controlling real estate or other premises who
1028 voluntarily and without compensation, other than payment or
1029 reimbursement of costs and expenses, grants a license or
1030 privilege or otherwise permits the designation by the local
1031 emergency management agency or use of the whole or any part of
1032 such real estate or premises for the purpose of sheltering
1033 persons during an actual, impending, mock, or practice
1034 emergency, together with her or his successor in interest, if
1035 any, shall not be liable for the death of, or injury to, any
1036 person on or about such real estate or premises during the
1037 actual, impending, mock, or practice emergency, or for loss of,
1038 or damage to, the property of such person, solely by reason or
1039 as a result of such license, privilege, designation, or use,
1040 unless the gross negligence or the willful and wanton misconduct
1041 of such person owning or controlling such real estate or
1042 premises or her or his successor in interest is the proximate
1043 cause of such death, injury, loss, or damage occurring during
1044 such sheltering period. Any such person or organization who
1045 provides such shelter space for compensation shall be deemed to
1046 be an instrumentality of the state or its applicable agency or
1047 subdivision for the purposes of s. 768.28.
1048 Section 16. For the purpose of incorporating the amendment
1049 made by this act to section 768.28, Florida Statutes, in a
1050 reference thereto, section 252.89, Florida Statutes, is
1051 reenacted to read:
1052 252.89 Tort liability.—The commission and the committees
1053 shall be state agencies, and the members of the commission and
1054 committees shall be officers, employees, or agents of the state
1055 for the purposes of s. 768.28.
1056 Section 17. For the purpose of incorporating the amendment
1057 made by this act to section 768.28, Florida Statutes, in a
1058 reference thereto, section 252.944, Florida Statutes, is
1059 reenacted to read:
1060 252.944 Tort liability.—The commission and the committees
1061 are state agencies, and the members of the commission and
1062 committees are officers, employees, or agents of the state for
1063 the purpose of s. 768.28.
1064 Section 18. For the purpose of incorporating the amendment
1065 made by this act to section 768.28, Florida Statutes, in a
1066 reference thereto, subsection (2) of section 260.0125, Florida
1067 Statutes, is reenacted to read:
1068 260.0125 Limitation on liability of private landowners
1069 whose property is designated as part of the statewide system of
1070 greenways and trails.—
1071 (2) Any private landowner who consents to designation of
1072 his or her land as part of the statewide system of greenways and
1073 trails pursuant to s. 260.016(2)(d) without compensation shall
1074 be considered a volunteer, as defined in s. 110.501, and shall
1075 be covered by state liability protection pursuant to s. 768.28,
1076 including s. 768.28(9).
1077 Section 19. For the purpose of incorporating the amendment
1078 made by this act to section 768.28, Florida Statutes, in a
1079 reference thereto, section 284.31, Florida Statutes, is
1080 reenacted to read:
1081 284.31 Scope and types of coverages; separate accounts.—The
1082 Insurance Risk Management Trust Fund must, unless specifically
1083 excluded by the Department of Financial Services, cover all
1084 departments of the State of Florida and their employees, agents,
1085 and volunteers and must provide separate accounts for workers’
1086 compensation, general liability, fleet automotive liability,
1087 federal civil rights actions under 42 U.S.C. s. 1983 or similar
1088 federal statutes, state agency firefighter cancer benefits
1089 payable under s. 112.1816(2), and court-awarded attorney fees in
1090 other proceedings against the state except for such awards in
1091 eminent domain or for inverse condemnation or for awards by the
1092 Public Employees Relations Commission. Unless specifically
1093 excluded by the Department of Financial Services, the Insurance
1094 Risk Management Trust Fund must provide fleet automotive
1095 liability coverage to motor vehicles titled to the state, or to
1096 any department of the state, when such motor vehicles are used
1097 by community transportation coordinators performing, under
1098 contract to the appropriate department of the state, services
1099 for the transportation disadvantaged under part I of chapter
1100 427. Such fleet automotive liability coverage is primary and is
1101 subject to s. 768.28 and parts II and III of chapter 284, and
1102 applicable rules adopted thereunder, and the terms and
1103 conditions of the certificate of coverage issued by the
1104 Department of Financial Services.
1105 Section 20. For the purpose of incorporating the amendment
1106 made by this act to section 768.28, Florida Statutes, in
1107 references thereto, section 284.38, Florida Statutes, is
1108 reenacted to read:
1109 284.38 Waiver of sovereign immunity; effect.—The insurance
1110 programs developed herein shall provide limits as established by
1111 the provisions of s. 768.28 if a tort claim. The limits provided
1112 in s. 768.28 shall not apply to a civil rights action arising
1113 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a
1114 pending or future claim or judgment arising under any of said
1115 statutes may be made upon this act becoming a law, unless the
1116 officer, employee, or agent has been determined in the final
1117 judgment to have caused the harm intentionally; however, the
1118 fund is authorized to pay all other court-ordered attorney’s
1119 fees as provided under s. 284.31.
1120 Section 21. For the purpose of incorporating the amendment
1121 made by this act to section 768.28, Florida Statutes, in a
1122 reference thereto, paragraph (b) of subsection (1) of section
1123 322.13, Florida Statutes, is reenacted to read:
1124 322.13 Driver license examiners.—
1125 (1)
1126 (b) Those persons serving as driver license examiners are
1127 not liable for actions taken within the scope of their
1128 employment or designation, except as provided by s. 768.28.
1129 Section 22. For the purpose of incorporating the amendment
1130 made by this act to section 768.28, Florida Statutes, in a
1131 reference thereto, subsection (1) of section 337.19, Florida
1132 Statutes, is reenacted to read:
1133 337.19 Suits by and against department; limitation of
1134 actions; forum.—
1135 (1) Suits at law and in equity may be brought and
1136 maintained by and against the department on any contract claim
1137 arising from breach of an express provision or an implied
1138 covenant of a written agreement or a written directive issued by
1139 the department pursuant to the written agreement. In any such
1140 suit, the department and the contractor shall have all of the
1141 same rights and obligations as a private person under a like
1142 contract except that no liability may be based on an oral
1143 modification of either the written contract or written
1144 directive. Nothing herein shall be construed to waive the
1145 sovereign immunity of the state and its political subdivisions
1146 from equitable claims and equitable remedies. Notwithstanding
1147 anything to the contrary contained in this section, no employee
1148 or agent of the department may be held personally liable to an
1149 extent greater than that pursuant to s. 768.28 provided that no
1150 suit sounding in tort shall be maintained against the
1151 department.
1152 Section 23. For the purpose of incorporating the amendment
1153 made by this act to section 768.28, Florida Statutes, in a
1154 reference thereto, subsection (17) of section 341.302, Florida
1155 Statutes, is reenacted to read:
1156 341.302 Rail program; duties and responsibilities of the
1157 department.—The department, in conjunction with other
1158 governmental entities, including the rail enterprise and the
1159 private sector, shall develop and implement a rail program of
1160 statewide application designed to ensure the proper maintenance,
1161 safety, revitalization, and expansion of the rail system to
1162 assure its continued and increased availability to respond to
1163 statewide mobility needs. Within the resources provided pursuant
1164 to chapter 216, and as authorized under federal law, the
1165 department shall:
1166 (17) In conjunction with the acquisition, ownership,
1167 construction, operation, maintenance, and management of a rail
1168 corridor, have the authority to:
1169 (a) Assume obligations pursuant to the following:
1170 1.a. The department may assume the obligation by contract
1171 to forever protect, defend, indemnify, and hold harmless the
1172 freight rail operator, or its successors, from whom the
1173 department has acquired a real property interest in the rail
1174 corridor, and that freight rail operator’s officers, agents, and
1175 employees, from and against any liability, cost, and expense,
1176 including, but not limited to, commuter rail passengers and rail
1177 corridor invitees in the rail corridor, regardless of whether
1178 the loss, damage, destruction, injury, or death giving rise to
1179 any such liability, cost, or expense is caused in whole or in
1180 part, and to whatever nature or degree, by the fault, failure,
1181 negligence, misconduct, nonfeasance, or misfeasance of such
1182 freight rail operator, its successors, or its officers, agents,
1183 and employees, or any other person or persons whomsoever; or
1184 b. The department may assume the obligation by contract to
1185 forever protect, defend, indemnify, and hold harmless National
1186 Railroad Passenger Corporation, or its successors, and officers,
1187 agents, and employees of National Railroad Passenger
1188 Corporation, from and against any liability, cost, and expense,
1189 including, but not limited to, commuter rail passengers and rail
1190 corridor invitees in the rail corridor, regardless of whether
1191 the loss, damage, destruction, injury, or death giving rise to
1192 any such liability, cost, or expense is caused in whole or in
1193 part, and to whatever nature or degree, by the fault, failure,
1194 negligence, misconduct, nonfeasance, or misfeasance of National
1195 Railroad Passenger Corporation, its successors, or its officers,
1196 agents, and employees, or any other person or persons
1197 whomsoever.
1198 2. The assumption of liability of the department by
1199 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
1200 1.b. may not in any instance exceed the following parameters of
1201 allocation of risk:
1202 a. The department may be solely responsible for any loss,
1203 injury, or damage to commuter rail passengers, or rail corridor
1204 invitees, or trespassers, regardless of circumstances or cause,
1205 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
1206 6.
1207 b.(I) In the event of a limited covered accident, the
1208 authority of the department to protect, defend, and indemnify
1209 the freight operator for all liability, cost, and expense,
1210 including punitive or exemplary damages, in excess of the
1211 deductible or self-insurance retention fund established under
1212 paragraph (b) and actually in force at the time of the limited
1213 covered accident exists only if the freight operator agrees,
1214 with respect to the limited covered accident, to protect,
1215 defend, and indemnify the department for the amount of the
1216 deductible or self-insurance retention fund established under
1217 paragraph (b) and actually in force at the time of the limited
1218 covered accident.
1219 (II) In the event of a limited covered accident, the
1220 authority of the department to protect, defend, and indemnify
1221 National Railroad Passenger Corporation for all liability, cost,
1222 and expense, including punitive or exemplary damages, in excess
1223 of the deductible or self-insurance retention fund established
1224 under paragraph (b) and actually in force at the time of the
1225 limited covered accident exists only if National Railroad
1226 Passenger Corporation agrees, with respect to the limited
1227 covered accident, to protect, defend, and indemnify the
1228 department for the amount of the deductible or self-insurance
1229 retention fund established under paragraph (b) and actually in
1230 force at the time of the limited covered accident.
1231 3. When only one train is involved in an incident, the
1232 department may be solely responsible for any loss, injury, or
1233 damage if the train is a department train or other train
1234 pursuant to subparagraph 4., but only if:
1235 a. When an incident occurs with only a freight train
1236 involved, including incidents with trespassers or at grade
1237 crossings, the freight rail operator is solely responsible for
1238 any loss, injury, or damage, except for commuter rail passengers
1239 and rail corridor invitees; or
1240 b. When an incident occurs with only a National Railroad
1241 Passenger Corporation train involved, including incidents with
1242 trespassers or at grade crossings, National Railroad Passenger
1243 Corporation is solely responsible for any loss, injury, or
1244 damage, except for commuter rail passengers and rail corridor
1245 invitees.
1246 4. For the purposes of this subsection:
1247 a. Any train involved in an incident that is neither the
1248 department’s train nor the freight rail operator’s train,
1249 hereinafter referred to in this subsection as an “other train,”
1250 may be treated as a department train, solely for purposes of any
1251 allocation of liability between the department and the freight
1252 rail operator only, but only if the department and the freight
1253 rail operator share responsibility equally as to third parties
1254 outside the rail corridor who incur loss, injury, or damage as a
1255 result of any incident involving both a department train and a
1256 freight rail operator train, and the allocation as between the
1257 department and the freight rail operator, regardless of whether
1258 the other train is treated as a department train, shall remain
1259 one-half each as to third parties outside the rail corridor who
1260 incur loss, injury, or damage as a result of the incident. The
1261 involvement of any other train shall not alter the sharing of
1262 equal responsibility as to third parties outside the rail
1263 corridor who incur loss, injury, or damage as a result of the
1264 incident; or
1265 b. Any train involved in an incident that is neither the
1266 department’s train nor the National Railroad Passenger
1267 Corporation’s train, hereinafter referred to in this subsection
1268 as an “other train,” may be treated as a department train,
1269 solely for purposes of any allocation of liability between the
1270 department and National Railroad Passenger Corporation only, but
1271 only if the department and National Railroad Passenger
1272 Corporation share responsibility equally as to third parties
1273 outside the rail corridor who incur loss, injury, or damage as a
1274 result of any incident involving both a department train and a
1275 National Railroad Passenger Corporation train, and the
1276 allocation as between the department and National Railroad
1277 Passenger Corporation, regardless of whether the other train is
1278 treated as a department train, shall remain one-half each as to
1279 third parties outside the rail corridor who incur loss, injury,
1280 or damage as a result of the incident. The involvement of any
1281 other train shall not alter the sharing of equal responsibility
1282 as to third parties outside the rail corridor who incur loss,
1283 injury, or damage as a result of the incident.
1284 5. When more than one train is involved in an incident:
1285 a.(I) If only a department train and freight rail
1286 operator’s train, or only an other train as described in sub
1287 subparagraph 4.a. and a freight rail operator’s train, are
1288 involved in an incident, the department may be responsible for
1289 its property and all of its people, all commuter rail
1290 passengers, and rail corridor invitees, but only if the freight
1291 rail operator is responsible for its property and all of its
1292 people, and the department and the freight rail operator each
1293 share one-half responsibility as to trespassers or third parties
1294 outside the rail corridor who incur loss, injury, or damage as a
1295 result of the incident; or
1296 (II) If only a department train and a National Railroad
1297 Passenger Corporation train, or only an other train as described
1298 in sub-subparagraph 4.b. and a National Railroad Passenger
1299 Corporation train, are involved in an incident, the department
1300 may be responsible for its property and all of its people, all
1301 commuter rail passengers, and rail corridor invitees, but only
1302 if National Railroad Passenger Corporation is responsible for
1303 its property and all of its people, all National Railroad
1304 Passenger Corporation’s rail passengers, and the department and
1305 National Railroad Passenger Corporation each share one-half
1306 responsibility as to trespassers or third parties outside the
1307 rail corridor who incur loss, injury, or damage as a result of
1308 the incident.
1309 b.(I) If a department train, a freight rail operator train,
1310 and any other train are involved in an incident, the allocation
1311 of liability between the department and the freight rail
1312 operator, regardless of whether the other train is treated as a
1313 department train, shall remain one-half each as to third parties
1314 outside the rail corridor who incur loss, injury, or damage as a
1315 result of the incident; the involvement of any other train shall
1316 not alter the sharing of equal responsibility as to third
1317 parties outside the rail corridor who incur loss, injury, or
1318 damage as a result of the incident; and, if the owner, operator,
1319 or insurer of the other train makes any payment to injured third
1320 parties outside the rail corridor who incur loss, injury, or
1321 damage as a result of the incident, the allocation of credit
1322 between the department and the freight rail operator as to such
1323 payment shall not in any case reduce the freight rail operator’s
1324 third-party-sharing allocation of one-half under this paragraph
1325 to less than one-third of the total third party liability; or
1326 (II) If a department train, a National Railroad Passenger
1327 Corporation train, and any other train are involved in an
1328 incident, the allocation of liability between the department and
1329 National Railroad Passenger Corporation, regardless of whether
1330 the other train is treated as a department train, shall remain
1331 one-half each as to third parties outside the rail corridor who
1332 incur loss, injury, or damage as a result of the incident; the
1333 involvement of any other train shall not alter the sharing of
1334 equal responsibility as to third parties outside the rail
1335 corridor who incur loss, injury, or damage as a result of the
1336 incident; and, if the owner, operator, or insurer of the other
1337 train makes any payment to injured third parties outside the
1338 rail corridor who incur loss, injury, or damage as a result of
1339 the incident, the allocation of credit between the department
1340 and National Railroad Passenger Corporation as to such payment
1341 shall not in any case reduce National Railroad Passenger
1342 Corporation’s third-party-sharing allocation of one-half under
1343 this sub-subparagraph to less than one-third of the total third
1344 party liability.
1345 6. Any such contractual duty to protect, defend, indemnify,
1346 and hold harmless such a freight rail operator or National
1347 Railroad Passenger Corporation shall expressly include a
1348 specific cap on the amount of the contractual duty, which amount
1349 shall not exceed $200 million without prior legislative
1350 approval, and the department to purchase liability insurance and
1351 establish a self-insurance retention fund in the amount of the
1352 specific cap established under this subparagraph, provided that:
1353 a. No such contractual duty shall in any case be effective
1354 nor otherwise extend the department’s liability in scope and
1355 effect beyond the contractual liability insurance and self
1356 insurance retention fund required pursuant to this paragraph;
1357 and
1358 b.(I) The freight rail operator’s compensation to the
1359 department for future use of the department’s rail corridor
1360 shall include a monetary contribution to the cost of such
1361 liability coverage for the sole benefit of the freight rail
1362 operator.
1363 (II) National Railroad Passenger Corporation’s compensation
1364 to the department for future use of the department’s rail
1365 corridor shall include a monetary contribution to the cost of
1366 such liability coverage for the sole benefit of National
1367 Railroad Passenger Corporation.
1368 (b) Purchase liability insurance, which amount shall not
1369 exceed $200 million, and establish a self-insurance retention
1370 fund for the purpose of paying the deductible limit established
1371 in the insurance policies it may obtain, including coverage for
1372 the department, any freight rail operator as described in
1373 paragraph (a), National Railroad Passenger Corporation, commuter
1374 rail service providers, governmental entities, or any ancillary
1375 development, which self-insurance retention fund or deductible
1376 shall not exceed $10 million. The insureds shall pay a
1377 reasonable monetary contribution to the cost of such liability
1378 coverage for the sole benefit of the insured. Such insurance and
1379 self-insurance retention fund may provide coverage for all
1380 damages, including, but not limited to, compensatory, special,
1381 and exemplary, and be maintained to provide an adequate fund to
1382 cover claims and liabilities for loss, injury, or damage arising
1383 out of or connected with the ownership, operation, maintenance,
1384 and management of a rail corridor.
1385 (c) Incur expenses for the purchase of advertisements,
1386 marketing, and promotional items.
1387 (d) Without altering any of the rights granted to the
1388 department under this section, agree to assume the obligations
1389 to indemnify and insure, pursuant to s. 343.545, freight rail
1390 service, intercity passenger rail service, and commuter rail
1391 service on a department-owned rail corridor, whether ownership
1392 is in fee or by easement, or on a rail corridor where the
1393 department has the right to operate.
1394
1395 Neither the assumption by contract to protect, defend,
1396 indemnify, and hold harmless; the purchase of insurance; nor the
1397 establishment of a self-insurance retention fund shall be deemed
1398 to be a waiver of any defense of sovereign immunity for torts
1399 nor deemed to increase the limits of the department’s or the
1400 governmental entity’s liability for torts as provided in s.
1401 768.28. The requirements of s. 287.022(1) shall not apply to the
1402 purchase of any insurance under this subsection. The provisions
1403 of this subsection shall apply and inure fully as to any other
1404 governmental entity providing commuter rail service and
1405 constructing, operating, maintaining, or managing a rail
1406 corridor on publicly owned right-of-way under contract by the
1407 governmental entity with the department or a governmental entity
1408 designated by the department. Notwithstanding any law to the
1409 contrary, procurement for the construction, operation,
1410 maintenance, and management of any rail corridor described in
1411 this subsection, whether by the department, a governmental
1412 entity under contract with the department, or a governmental
1413 entity designated by the department, shall be pursuant to s.
1414 287.057 and shall include, but not be limited to, criteria for
1415 the consideration of qualifications, technical aspects of the
1416 proposal, and price. Further, any such contract for design-build
1417 shall be procured pursuant to the criteria in s. 337.11(7).
1418 Section 24. For the purpose of incorporating the amendment
1419 made by this act to section 768.28, Florida Statutes, in a
1420 reference thereto, subsection (3) of section 343.811, Florida
1421 Statutes, is reenacted to read:
1422 343.811 Power to assume indemnification and insurance
1423 obligations.—
1424 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
1425 conjunction with the development or operation of a commuter rail
1426 service on the Coastal Link corridor, an agency may:
1427 (a) Assume obligations pursuant to the following:
1428 1.a. The agency may assume the obligation by contract to
1429 protect, defend, indemnify, and hold harmless FECR and its
1430 officers, agents, and employees from and against:
1431 (I) Any liability, cost, and expense, including, but not
1432 limited to, the agency’s passengers and other rail corridor
1433 invitees in, on, or about the Coastal Link corridor, regardless
1434 of whether the loss, damage, destruction, injury, or death
1435 giving rise to any such liability, cost, or expense is caused in
1436 whole or in part, and to whatever nature or degree, by the
1437 fault, failure, negligence, misconduct, nonfeasance, or
1438 misfeasance of such freight rail operator, its successors, or
1439 its officers, agents, and employees, or any other person or
1440 persons whomsoever.
1441 (II) Any loss, injury, or damage incurred by other rail
1442 corridor invitees up to the amount of the self-insurance
1443 retention amount with respect to limited covered accidents
1444 caused by the agency.
1445 b. The agency may assume the obligation by contract to
1446 protect, defend, indemnify, and hold harmless Brightline and its
1447 officers, agents, and employees from and against:
1448 (I) Any liability, cost, and expense, including, but not
1449 limited to, the agency’s passengers and rail corridor invitees
1450 in the Coastal Link corridor, regardless of whether the loss,
1451 damage, destruction, injury, or death giving rise to any such
1452 liability, cost, or expense is caused in whole or in part, and
1453 to whatever nature or degree, by the fault, failure, negligence,
1454 misconduct, nonfeasance, or misfeasance of Brightline, its
1455 successors, or its officers, agents, and employees, or any other
1456 person or persons whomsoever.
1457 (II) Any loss, injury, or damage incurred by other rail
1458 corridor invitees up to the amount of the self-insurance
1459 retention amount with respect to limited covered accidents
1460 caused by the agency.
1461 2. The assumption of liability of the agency by contract
1462 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
1463 not in any instance exceed the following parameters of
1464 allocation of risk:
1465 a. The agency may be solely responsible for any loss,
1466 injury, or damage to the agency’s passengers, or rail corridor
1467 invitees, third parties, or trespassers, regardless of
1468 circumstances or cause, subject to sub-subparagraph b. and
1469 subparagraphs 3., 4., and 5.
1470 b.(I) In the event of a limited covered accident caused by
1471 FECR, the authority of an agency to protect, defend, and
1472 indemnify FECR for all liability, cost, and expense, including
1473 punitive or exemplary damages, in excess of the self-insurance
1474 retention amount exists only if FECR agrees, with respect to
1475 such limited covered accident caused by FECR, to protect,
1476 defend, and indemnify the agency for the amount of the self
1477 insurance retention amount.
1478 (II) In the event of a limited covered accident caused by
1479 Brightline, the authority of an agency to protect, defend, and
1480 indemnify Brightline for all liability, cost, and expense,
1481 including punitive or exemplary damages, in excess of the self
1482 insurance retention amount exists only if Brightline agrees,
1483 with respect to such limited covered accident, to protect,
1484 defend, and indemnify the agency for the amount of the self
1485 insurance retention amount.
1486 3. When only one train is involved in an incident and:
1487 a. The train is an agency’s train, including an incident
1488 with trespassers or at-grade crossings, the agency may be solely
1489 responsible for any loss, injury, or damage.
1490 b. The train is FECR’s train, including an incident with
1491 trespassers or at-grade crossings, FECR is solely responsible
1492 for any loss, injury, or damage, except for the agency’s
1493 passengers and other rail corridor invitees, which are the
1494 responsibility of the agency, and Brightline’s passengers and
1495 other rail corridor invitees, which are the responsibility of
1496 Brightline.
1497 c. The train is Brightline’s train, including an incident
1498 with trespassers or at-grade crossings, Brightline is solely
1499 responsible for any loss, injury, or damage, except for the
1500 agency’s passengers or rail corridor invitees, which are the
1501 responsibility of the agency, and FECR’s rail corridor invitees,
1502 which are the responsibility of FECR.
1503 4. When an incident involves more than one operator, each
1504 operator is responsible for:
1505 a. Its property; passengers; employees, excluding employees
1506 who are, at the time of the incident, rail corridor invitees of
1507 another operator; and other rail corridor invitees.
1508 b. Its proportionate share of any loss or damage to the
1509 joint infrastructure.
1510 c. Its proportionate share of any loss, injury, or damage
1511 to:
1512 (I) Rail corridor invitees who are not rail corridor
1513 invitees of operators, provided that the agency shall always be
1514 responsible for its passengers and its rail corridor invitees
1515 regardless of whether the agency was involved in the incident.
1516 (II) Trespassers or third parties outside the Coastal Link
1517 corridor as a result of the incident.
1518 5. Any such contractual duty to protect, defend, indemnify,
1519 and hold harmless FECR or Brightline with respect to claims by
1520 rail passengers shall expressly include a specific cap on the
1521 amount of the contractual duty, which amount may not exceed $323
1522 million per occurrence and shall be adjusted so that the per
1523 occurrence insurance requirement is equal to the aggregate
1524 allowable awards to all rail passengers, against all defendants,
1525 for all claims, including claims for punitive damages, arising
1526 from a single accident or incident in accordance with 49 U.S.C.
1527 s. 28103, or any successor provision, without prior legislative
1528 approval.
1529 6. Notwithstanding any provision of this section to the
1530 contrary, the liabilities of the agency to the state or any
1531 other agency shall be as set forth in an agreement among such
1532 entities and limited by s. 768.28(19).
1533 (b) Purchase liability insurance, which amount may not
1534 exceed $323 million per occurrence, which amount shall be
1535 adjusted so that the per-occurrence insurance requirement is
1536 equal to the aggregate allowable awards to all rail passengers,
1537 against all defendants, for all claims, including claims for
1538 punitive damages, arising from a single accident or incident in
1539 accordance with 49 U.S.C. s. 28103, or any successor provision,
1540 and establish a self-insurance retention fund for the purpose of
1541 paying the deductible limit established in the insurance
1542 policies it may obtain, including coverage for a county agency,
1543 any freight rail operator as described in paragraph (a),
1544 Brightline, commuter rail service providers, governmental
1545 entities, or any ancillary development, which self-insurance
1546 retention fund or deductible shall not exceed the self-insurance
1547 retention amount.
1548 1. Such insurance and self-insurance retention fund may
1549 provide coverage for all damages, including, but not limited to,
1550 compensatory, special, and exemplary, and be maintained to
1551 provide an adequate fund to cover claims and liabilities for
1552 loss, injury, or damage arising out of or connected with the
1553 ownership, operation, maintenance, and management of the Coastal
1554 Link corridor.
1555 2. Any self-insured retention account shall be a segregated
1556 account of the agency and shall be subject to the same
1557 conditions, restrictions, exclusions, obligations, and duties
1558 included in any and all of the policies of liability insurance
1559 purchased under this paragraph.
1560 3. Unless otherwise specifically provided by general law,
1561 FECR and Brightline, and their respective officers, agents, and
1562 employees, are not officers, agents, employees, or subdivisions
1563 of the state and are not entitled to sovereign immunity.
1564
1565 Neither the assumption by contract to protect, defend,
1566 indemnify, and hold harmless; the purchase of insurance; nor the
1567 establishment of a self-insurance retention fund shall be deemed
1568 to be a waiver of any defense of sovereign immunity for tort
1569 claims or deemed to increase the limits of the agency’s
1570 liability for tort claims as provided in s. 768.28.
1571 Section 25. For the purpose of incorporating the amendment
1572 made by this act to section 768.28, Florida Statutes, in a
1573 reference thereto, paragraph (c) of subsection (4) of section
1574 351.03, Florida Statutes, is reenacted to read:
1575 351.03 Railroad-highway grade-crossing warning signs and
1576 signals; audible warnings; exercise of reasonable care; blocking
1577 highways, roads, and streets during darkness.—
1578 (4)
1579 (c) Nothing in this subsection shall be construed to
1580 nullify the liability provisions of s. 768.28.
1581 Section 26. For the purpose of incorporating the amendment
1582 made by this act to section 768.28, Florida Statutes, in a
1583 reference thereto, subsection (6) of section 373.1395, Florida
1584 Statutes, is reenacted to read:
1585 373.1395 Limitation on liability of water management
1586 district with respect to areas made available to the public for
1587 recreational purposes without charge.—
1588 (6) This section does not relieve any water management
1589 district of any liability that would otherwise exist for gross
1590 negligence or a deliberate, willful, or malicious injury to a
1591 person or property. This section does not create or increase the
1592 liability of any water management district or person beyond that
1593 which is authorized by s. 768.28.
1594 Section 27. For the purpose of incorporating the amendment
1595 made by this act to section 768.28, Florida Statutes, in a
1596 reference thereto, paragraph (a) of subsection (3) of section
1597 375.251, Florida Statutes, is reenacted to read:
1598 375.251 Limitation on liability of persons making available
1599 to public certain areas for recreational purposes without
1600 charge.—
1601 (3)(a) An owner of an area who enters into a written
1602 agreement concerning the area with a state agency for outdoor
1603 recreational purposes, where such agreement recognizes that the
1604 state agency is responsible for personal injury, loss, or damage
1605 resulting in whole or in part from the state agency’s use of the
1606 area under the terms of the agreement subject to the limitations
1607 and conditions specified in s. 768.28, owes no duty of care to
1608 keep the area safe for entry or use by others, or to give
1609 warning to persons entering or going on the area of any
1610 hazardous conditions, structures, or activities thereon. An
1611 owner who enters into a written agreement concerning the area
1612 with a state agency for outdoor recreational purposes:
1613 1. Is not presumed to extend any assurance that the area is
1614 safe for any purpose;
1615 2. Does not incur any duty of care toward a person who goes
1616 on the area that is subject to the agreement; or
1617 3. Is not liable or responsible for any injury to persons
1618 or property caused by the act or omission of a person who goes
1619 on the area that is subject to the agreement.
1620 Section 28. For the purpose of incorporating the amendment
1621 made by this act to section 768.28, Florida Statutes, in a
1622 reference thereto, subsection (9) of section 381.0056, Florida
1623 Statutes, is reenacted to read:
1624 381.0056 School health services program.—
1625 (9) Any health care entity that provides school health
1626 services under contract with the department pursuant to a school
1627 health services plan developed under this section, and as part
1628 of a school nurse services public-private partnership, is deemed
1629 to be a corporation acting primarily as an instrumentality of
1630 the state solely for the purpose of limiting liability pursuant
1631 to s. 768.28(5). The limitations on tort actions contained in s.
1632 768.28(5) shall apply to any action against the entity with
1633 respect to the provision of school health services, if the
1634 entity is acting within the scope of and pursuant to guidelines
1635 established in the contract or by rule of the department. The
1636 contract must require the entity, or the partnership on behalf
1637 of the entity, to obtain general liability insurance coverage,
1638 with any additional endorsement necessary to insure the entity
1639 for liability assumed by its contract with the department. The
1640 Legislature intends that insurance be purchased by entities, or
1641 by partnerships on behalf of the entity, to cover all liability
1642 claims, and under no circumstances shall the state or the
1643 department be responsible for payment of any claims or defense
1644 costs for claims brought against the entity or its subcontractor
1645 for services performed under the contract with the department.
1646 This subsection does not preclude consideration by the
1647 Legislature for payment by the state of any claims bill
1648 involving an entity contracting with the department pursuant to
1649 this section.
1650 Section 29. For the purpose of incorporating the amendment
1651 made by this act to section 768.28, Florida Statutes, in a
1652 reference thereto, subsection (3) of section 393.075, Florida
1653 Statutes, is reenacted to read:
1654 393.075 General liability coverage.—
1655 (3) This section shall not be construed as designating or
1656 not designating that a person who owns or operates a foster care
1657 facility or group home facility as described in this section or
1658 any other person is an employee or agent of the state. Nothing
1659 in this section amends, expands, or supersedes the provisions of
1660 s. 768.28.
1661 Section 30. For the purpose of incorporating the amendment
1662 made by this act to section 768.28, Florida Statutes, in a
1663 reference thereto, subsection (7) of section 394.9085, Florida
1664 Statutes, is reenacted to read:
1665 394.9085 Behavioral provider liability.—
1666 (7) This section shall not be construed to waive sovereign
1667 immunity for any governmental unit or other entity protected by
1668 sovereign immunity. Section 768.28 shall continue to apply to
1669 all governmental units and such entities.
1670 Section 31. For the purpose of incorporating the amendment
1671 made by this act to section 768.28, Florida Statutes, in a
1672 reference thereto, paragraph (g) of subsection (10) of section
1673 395.1055, Florida Statutes, is reenacted to read:
1674 395.1055 Rules and enforcement.—
1675 (10) The agency shall establish a pediatric cardiac
1676 technical advisory panel, pursuant to s. 20.052, to develop
1677 procedures and standards for measuring outcomes of pediatric
1678 cardiac catheterization programs and pediatric cardiovascular
1679 surgery programs.
1680 (g) Panel members are agents of the state for purposes of
1681 s. 768.28 throughout the good faith performance of the duties
1682 assigned to them by the Secretary of Health Care Administration.
1683 Section 32. For the purpose of incorporating the amendment
1684 made by this act to section 768.28, Florida Statutes, in a
1685 reference thereto, paragraph (c) of subsection (17) of section
1686 403.706, Florida Statutes, is reenacted to read:
1687 403.706 Local government solid waste responsibilities.—
1688 (17) To effect the purposes of this part, counties and
1689 municipalities are authorized, in addition to other powers
1690 granted pursuant to this part:
1691 (c) To waive sovereign immunity and immunity from suit in
1692 federal court by vote of the governing body of the county or
1693 municipality to the extent necessary to carry out the authority
1694 granted in paragraphs (a) and (b), notwithstanding the
1695 limitations prescribed in s. 768.28.
1696 Section 33. For the purpose of incorporating the amendment
1697 made by this act to section 768.28, Florida Statutes, in a
1698 reference thereto, paragraph (b) of subsection (15) of section
1699 409.175, Florida Statutes, is reenacted to read:
1700 409.175 Licensure of family foster homes, residential
1701 child-caring agencies, and child-placing agencies; public
1702 records exemption.—
1703 (15)
1704 (b) This subsection may not be construed as designating or
1705 not designating that a person who owns or operates a family
1706 foster home as described in this subsection or any other person
1707 is an employee or agent of the state. Nothing in this subsection
1708 amends, expands, or supersedes the provisions of s. 768.28.
1709 Section 34. For the purpose of incorporating the amendment
1710 made by this act to section 768.28, Florida Statutes, in
1711 references thereto, subsection (1), paragraph (a) of subsection
1712 (2), and paragraph (a) of subsection (3) of section 409.993,
1713 Florida Statutes, are reenacted to read:
1714 409.993 Lead agencies and subcontractor liability.—
1715 (1) FINDINGS.—
1716 (a) The Legislature finds that the state has traditionally
1717 provided foster care services to children who are the
1718 responsibility of the state. As such, foster children have not
1719 had the right to recover for injuries beyond the limitations
1720 specified in s. 768.28. The Legislature has determined that
1721 foster care and related services should be outsourced pursuant
1722 to this section and that the provision of such services is of
1723 paramount importance to the state. The purpose of such
1724 outsourcing is to increase the level of safety, security, and
1725 stability of children who are or become the responsibility of
1726 the state. One of the components necessary to secure a safe and
1727 stable environment for such children is the requirement that
1728 private providers maintain liability insurance. As such,
1729 insurance needs to be available and remain available to
1730 nongovernmental foster care and related services providers
1731 without the resources of such providers being significantly
1732 reduced by the cost of maintaining such insurance.
1733 (b) The Legislature further finds that, by requiring the
1734 following minimum levels of insurance, children in outsourced
1735 foster care and related services will gain increased protection
1736 and rights of recovery in the event of injury than currently
1737 provided in s. 768.28.
1738 (2) LEAD AGENCY LIABILITY.—
1739 (a) Other than an entity to which s. 768.28 applies, an
1740 eligible community-based care lead agency, or its employees or
1741 officers, except as otherwise provided in paragraph (b), shall,
1742 as a part of its contract, obtain a minimum of $1 million per
1743 occurrence with a policy period aggregate limit of $3 million in
1744 general liability insurance coverage. The lead agency must also
1745 require that staff who transport client children and families in
1746 their personal automobiles in order to carry out their job
1747 responsibilities obtain minimum bodily injury liability
1748 insurance in the amount of $100,000 per person per any one
1749 automobile accident, and subject to such limits for each person,
1750 $300,000 for all damages resulting from any one automobile
1751 accident, on their personal automobiles. In lieu of personal
1752 motor vehicle insurance, the lead agency’s casualty, liability,
1753 or motor vehicle insurance carrier may provide nonowned
1754 automobile liability coverage. This insurance provides liability
1755 insurance for an automobile that the lead agency uses in
1756 connection with the lead agency’s business but does not own,
1757 lease, rent, or borrow. This coverage includes an automobile
1758 owned by an employee of the lead agency or a member of the
1759 employee’s household but only while the automobile is used in
1760 connection with the lead agency’s business. The nonowned
1761 automobile coverage for the lead agency applies as excess
1762 coverage over any other collectible insurance. The personal
1763 automobile policy for the employee of the lead agency shall be
1764 primary insurance, and the nonowned automobile coverage of the
1765 lead agency acts as excess insurance to the primary insurance.
1766 The lead agency shall provide a minimum limit of $1 million in
1767 nonowned automobile coverage. In a tort action brought against
1768 such a lead agency or employee, net economic damages shall be
1769 limited to $2 million per liability claim and $200,000 per
1770 automobile claim, including, but not limited to, past and future
1771 medical expenses, wage loss, and loss of earning capacity,
1772 offset by any collateral source payment paid or payable. In any
1773 tort action brought against a lead agency, noneconomic damages
1774 shall be limited to $400,000 per claim. A claims bill may be
1775 brought on behalf of a claimant pursuant to s. 768.28 for any
1776 amount exceeding the limits specified in this paragraph. Any
1777 offset of collateral source payments made as of the date of the
1778 settlement or judgment shall be in accordance with s. 768.76.
1779 The lead agency is not liable in tort for the acts or omissions
1780 of its subcontractors or the officers, agents, or employees of
1781 its subcontractors.
1782 (3) SUBCONTRACTOR LIABILITY.—
1783 (a) A subcontractor of an eligible community-based care
1784 lead agency that is a direct provider of foster care and related
1785 services to children and families, and its employees or
1786 officers, except as otherwise provided in paragraph (c), must,
1787 as a part of its contract, obtain a minimum of $1 million per
1788 occurrence with a policy period aggregate limit of $3 million in
1789 general liability insurance coverage. The subcontractor of a
1790 lead agency must also require that staff who transport client
1791 children and families in their personal automobiles in order to
1792 carry out their job responsibilities obtain minimum bodily
1793 injury liability insurance in the amount of $100,000 per person
1794 in any one automobile accident, and subject to such limits for
1795 each person, $300,000 for all damages resulting from any one
1796 automobile accident, on their personal automobiles. In lieu of
1797 personal motor vehicle insurance, the subcontractor’s casualty,
1798 liability, or motor vehicle insurance carrier may provide
1799 nonowned automobile liability coverage. This insurance provides
1800 liability insurance for automobiles that the subcontractor uses
1801 in connection with the subcontractor’s business but does not
1802 own, lease, rent, or borrow. This coverage includes automobiles
1803 owned by the employees of the subcontractor or a member of the
1804 employee’s household but only while the automobiles are used in
1805 connection with the subcontractor’s business. The nonowned
1806 automobile coverage for the subcontractor applies as excess
1807 coverage over any other collectible insurance. The personal
1808 automobile policy for the employee of the subcontractor shall be
1809 primary insurance, and the nonowned automobile coverage of the
1810 subcontractor acts as excess insurance to the primary insurance.
1811 The subcontractor shall provide a minimum limit of $1 million in
1812 nonowned automobile coverage. In a tort action brought against
1813 such subcontractor or employee, net economic damages shall be
1814 limited to $2 million per liability claim and $200,000 per
1815 automobile claim, including, but not limited to, past and future
1816 medical expenses, wage loss, and loss of earning capacity,
1817 offset by any collateral source payment paid or payable. In a
1818 tort action brought against such subcontractor, noneconomic
1819 damages shall be limited to $400,000 per claim. A claims bill
1820 may be brought on behalf of a claimant pursuant to s. 768.28 for
1821 any amount exceeding the limits specified in this paragraph. Any
1822 offset of collateral source payments made as of the date of the
1823 settlement or judgment shall be in accordance with s. 768.76.
1824 Section 35. For the purpose of incorporating the amendment
1825 made by this act to section 768.28, Florida Statutes, in a
1826 reference thereto, subsection (8) of section 420.504, Florida
1827 Statutes, is reenacted to read:
1828 420.504 Public corporation; creation, membership, terms,
1829 expenses.—
1830 (8) The corporation is a corporation primarily acting as an
1831 instrumentality of the state, within the meaning of s. 768.28.
1832 Section 36. For the purpose of incorporating the amendment
1833 made by this act to section 768.28, Florida Statutes, in a
1834 reference thereto, subsection (3) of section 455.221, Florida
1835 Statutes, is reenacted to read:
1836 455.221 Legal and investigative services.—
1837 (3) Any person retained by the department under contract to
1838 review materials, make site visits, or provide expert testimony
1839 regarding any complaint or application filed with the department
1840 relating to a profession under the jurisdiction of the
1841 department shall be considered an agent of the department in
1842 determining the state insurance coverage and sovereign immunity
1843 protection applicability of ss. 284.31 and 768.28.
1844 Section 37. For the purpose of incorporating the amendment
1845 made by this act to section 768.28, Florida Statutes, in a
1846 reference thereto, subsection (5) of section 455.32, Florida
1847 Statutes, is reenacted to read:
1848 455.32 Management Privatization Act.—
1849 (5) Any such corporation may hire staff as necessary to
1850 carry out its functions. Such staff are not public employees for
1851 the purposes of chapter 110 or chapter 112, except that the
1852 board of directors and the employees of the corporation are
1853 subject to the provisions of s. 112.061 and part III of chapter
1854 112. The provisions of s. 768.28 apply to each such corporation,
1855 which is deemed to be a corporation primarily acting as an
1856 instrumentality of the state but which is not an agency within
1857 the meaning of s. 20.03(1).
1858 Section 38. For the purpose of incorporating the amendment
1859 made by this act to section 768.28, Florida Statutes, in a
1860 reference thereto, subsection (3) of section 456.009, Florida
1861 Statutes, is reenacted to read:
1862 456.009 Legal and investigative services.—
1863 (3) Any person retained by the department under contract to
1864 review materials, make site visits, or provide expert testimony
1865 regarding any complaint or application filed with the department
1866 relating to a profession under the jurisdiction of the
1867 department shall be considered an agent of the department in
1868 determining the state insurance coverage and sovereign immunity
1869 protection applicability of ss. 284.31 and 768.28.
1870 Section 39. For the purpose of incorporating the amendment
1871 made by this act to section 768.28, Florida Statutes, in a
1872 reference thereto, paragraph (a) of subsection (15) of section
1873 456.076, Florida Statutes, is reenacted to read:
1874 456.076 Impaired practitioner programs.—
1875 (15)(a) A consultant retained pursuant to this section and
1876 a consultant’s directors, officers, employees, or agents shall
1877 be considered agents of the department for purposes of s. 768.28
1878 while acting within the scope of the consultant’s duties under
1879 the contract with the department.
1880 Section 40. For the purpose of incorporating the amendment
1881 made by this act to section 768.28, Florida Statutes, in a
1882 reference thereto, subsection (3) of section 471.038, Florida
1883 Statutes, is reenacted to read:
1884 471.038 Florida Engineers Management Corporation.—
1885 (3) The Florida Engineers Management Corporation is created
1886 to provide administrative, investigative, and prosecutorial
1887 services to the board in accordance with the provisions of
1888 chapter 455 and this chapter. The management corporation may
1889 hire staff as necessary to carry out its functions. Such staff
1890 are not public employees for the purposes of chapter 110 or
1891 chapter 112, except that the board of directors and the staff
1892 are subject to the provisions of s. 112.061. The provisions of
1893 s. 768.28 apply to the management corporation, which is deemed
1894 to be a corporation primarily acting as an instrumentality of
1895 the state, but which is not an agency within the meaning of s.
1896 20.03(1). The management corporation shall:
1897 (a) Be a Florida corporation not for profit, incorporated
1898 under the provisions of chapter 617.
1899 (b) Provide administrative, investigative, and
1900 prosecutorial services to the board in accordance with the
1901 provisions of chapter 455, this chapter, and the contract
1902 required by this section.
1903 (c) Receive, hold, and administer property and make only
1904 prudent expenditures directly related to the responsibilities of
1905 the board, and in accordance with the contract required by this
1906 section.
1907 (d) Be approved by the board, and the department, to
1908 operate for the benefit of the board and in the best interest of
1909 the state.
1910 (e) Operate under a fiscal year that begins on July 1 of
1911 each year and ends on June 30 of the following year.
1912 (f) Have a seven-member board of directors, five of whom
1913 are to be appointed by the board and must be registrants
1914 regulated by the board and two of whom are to be appointed by
1915 the secretary and must be laypersons not regulated by the board.
1916 All appointments shall be for 4-year terms. No member shall
1917 serve more than two consecutive terms. Failure to attend three
1918 consecutive meetings shall be deemed a resignation from the
1919 board, and the vacancy shall be filled by a new appointment.
1920 (g) Select its officers in accordance with its bylaws. The
1921 members of the board of directors who were appointed by the
1922 board may be removed by the board.
1923 (h) Select the president of the management corporation, who
1924 shall also serve as executive director to the board, subject to
1925 approval of the board.
1926 (i) Use a portion of the interest derived from the
1927 management corporation account to offset the costs associated
1928 with the use of credit cards for payment of fees by applicants
1929 or licensees.
1930 (j) Operate under a written contract with the department
1931 which is approved by the board. The contract must provide for,
1932 but is not limited to:
1933 1. Submission by the management corporation of an annual
1934 budget that complies with board rules for approval by the board
1935 and the department.
1936 2. Annual certification by the board and the department
1937 that the management corporation is complying with the terms of
1938 the contract in a manner consistent with the goals and purposes
1939 of the board and in the best interest of the state. This
1940 certification must be reported in the board’s minutes. The
1941 contract must also provide for methods and mechanisms to resolve
1942 any situation in which the certification process determines
1943 noncompliance.
1944 3. Funding of the management corporation through
1945 appropriations allocated to the regulation of professional
1946 engineers from the Professional Regulation Trust Fund.
1947 4. The reversion to the board, or the state if the board
1948 ceases to exist, of moneys, records, data, and property held in
1949 trust by the management corporation for the benefit of the
1950 board, if the management corporation is no longer approved to
1951 operate for the board or the board ceases to exist. All records
1952 and data in a computerized database shall be returned to the
1953 department in a form that is compatible with the computerized
1954 database of the department.
1955 5. The securing and maintaining by the management
1956 corporation, during the term of the contract and for all acts
1957 performed during the term of the contract, of all liability
1958 insurance coverages in an amount to be approved by the board to
1959 defend, indemnify, and hold harmless the management corporation
1960 and its officers and employees, the department and its
1961 employees, and the state against all claims arising from state
1962 and federal laws. Such insurance coverage must be with insurers
1963 qualified and doing business in the state. The management
1964 corporation must provide proof of insurance to the department.
1965 The department and its employees and the state are exempt from
1966 and are not liable for any sum of money which represents a
1967 deductible, which sums shall be the sole responsibility of the
1968 management corporation. Violation of this subparagraph shall be
1969 grounds for terminating the contract.
1970 6. Payment by the management corporation, out of its
1971 allocated budget, to the department of all costs of
1972 representation by the board counsel, including salary and
1973 benefits, travel, and any other compensation traditionally paid
1974 by the department to other board counsel.
1975 7. Payment by the management corporation, out of its
1976 allocated budget, to the department of all costs incurred by the
1977 management corporation or the board for the Division of
1978 Administrative Hearings of the Department of Management Services
1979 and any other cost for utilization of these state services.
1980 8. Payment by the management corporation, out of its
1981 allocated budget, to the department of reasonable costs
1982 associated with the contract monitor.
1983 (k) Provide for an annual financial audit of its financial
1984 accounts and records by an independent certified public
1985 accountant. The annual audit report shall include a management
1986 letter in accordance with s. 11.45 and a detailed supplemental
1987 schedule of expenditures for each expenditure category. The
1988 annual audit report must be submitted to the board, the
1989 department, and the Auditor General for review.
1990 (l) Provide for persons not employed by the corporation who
1991 are charged with the responsibility of receiving and depositing
1992 fee and fine revenues to have a faithful performance bond in
1993 such an amount and according to such terms as shall be
1994 determined in the contract.
1995 (m) Submit to the secretary, the board, and the
1996 Legislature, on or before October 1 of each year, a report on
1997 the status of the corporation which includes, but is not limited
1998 to, information concerning the programs and funds that have been
1999 transferred to the corporation. The report must include: the
2000 number of license applications received; the number approved and
2001 denied and the number of licenses issued; the number of
2002 examinations administered and the number of applicants who
2003 passed or failed the examination; the number of complaints
2004 received; the number determined to be legally sufficient; the
2005 number dismissed; the number determined to have probable cause;
2006 the number of administrative complaints issued and the status of
2007 the complaints; and the number and nature of disciplinary
2008 actions taken by the board.
2009 (n) Develop and submit to the department, performance
2010 standards and measurable outcomes for the board to adopt by rule
2011 in order to facilitate efficient and cost-effective regulation.
2012 Section 41. For the purpose of incorporating the amendment
2013 made by this act to section 768.28, Florida Statutes, in a
2014 reference thereto, paragraph (b) of subsection (11) of section
2015 472.006, Florida Statutes, is reenacted to read:
2016 472.006 Department; powers and duties.—The department
2017 shall:
2018 (11) Provide legal counsel for the board by contracting
2019 with the Department of Legal Affairs, by retaining private
2020 counsel pursuant to s. 287.059, or by providing department staff
2021 counsel. The board shall periodically review and evaluate the
2022 services provided by its board counsel. Fees and costs of such
2023 counsel shall be paid from the General Inspection Trust Fund,
2024 subject to ss. 215.37 and 472.011. All contracts for independent
2025 legal counsel must provide for periodic review and evaluation by
2026 the board and the department of services provided.
2027 (b) Any person retained by the department under contract to
2028 review materials, make site visits, or provide expert testimony
2029 regarding any complaint or application filed with the department
2030 relating to the practice of surveying and mapping shall be
2031 considered an agent of the department in determining the state
2032 insurance coverage and sovereign immunity protection
2033 applicability of ss. 284.31 and 768.28.
2034 Section 42. For the purpose of incorporating the amendment
2035 made by this act to section 768.28, Florida Statutes, in a
2036 reference thereto, subsection (7) of section 497.167, Florida
2037 Statutes, is reenacted to read:
2038 497.167 Administrative matters.—
2039 (7) Any person retained by the department under contract to
2040 review materials, make site visits, or provide expert testimony
2041 regarding any complaint or application filed with the
2042 department, relating to regulation under this chapter, shall be
2043 considered an agent of the department in determining the state
2044 insurance coverage and sovereign immunity protection
2045 applicability of ss. 284.31 and 768.28.
2046 Section 43. For the purpose of incorporating the amendment
2047 made by this act to section 768.28, Florida Statutes, in a
2048 reference thereto, subsection (2) of section 513.118, Florida
2049 Statutes, is reenacted to read:
2050 513.118 Conduct on premises; refusal of service.—
2051 (2) The operator of a recreational vehicle park may request
2052 that a transient guest or visitor who violates subsection (1)
2053 leave the premises immediately. A person who refuses to leave
2054 the premises commits the offense of trespass as provided in s.
2055 810.08, and the operator may call a law enforcement officer to
2056 have the person and his or her property removed under the
2057 supervision of the officer. A law enforcement officer is not
2058 liable for any claim involving the removal of the person or
2059 property from the recreational vehicle park under this section,
2060 except as provided in s. 768.28. If conditions do not allow for
2061 immediate removal of the person’s property, he or she may
2062 arrange a reasonable time, not to exceed 48 hours, with the
2063 operator to come remove the property, accompanied by a law
2064 enforcement officer.
2065 Section 44. For the purpose of incorporating the amendment
2066 made by this act to section 768.28, Florida Statutes, in a
2067 reference thereto, subsection (1) of section 548.046, Florida
2068 Statutes, is reenacted to read:
2069 548.046 Physician’s attendance at match; examinations;
2070 cancellation of match.—
2071 (1) The commission, or the commission representative, shall
2072 assign to each match at least one physician who shall observe
2073 the physical condition of the participants and advise the
2074 commissioner or commission representative in charge and the
2075 referee of the participants’ conditions before, during, and
2076 after the match. The commission shall establish a schedule of
2077 fees for the physician’s services. The physician’s fee shall be
2078 paid by the promoter of the match attended by the physician. The
2079 physician shall be considered an agent of the commission in
2080 determining the state insurance coverage and sovereign immunity
2081 protection applicability of ss. 284.31 and 768.28.
2082 Section 45. For the purpose of incorporating the amendment
2083 made by this act to section 768.28, Florida Statutes, in a
2084 reference thereto, subsection (8) of section 556.106, Florida
2085 Statutes, is reenacted to read:
2086 556.106 Liability of the member operator, excavator, and
2087 system.—
2088 (8) Any liability of the state, its agencies, or its
2089 subdivisions which arises out of this chapter is subject to the
2090 provisions of s. 768.28.
2091 Section 46. For the purpose of incorporating the amendment
2092 made by this act to section 768.28, Florida Statutes, in a
2093 reference thereto, paragraph (e) of subsection (4) of section
2094 589.19, Florida Statutes, is reenacted to read:
2095 589.19 Creation of certain state forests; naming of certain
2096 state forests; Operation Outdoor Freedom Program.—
2097 (4)
2098 (e)1. A private landowner who provides land for designation
2099 and use as an Operation Outdoor Freedom Program hunting site
2100 shall have limited liability pursuant to s. 375.251.
2101 2. A private landowner who consents to the designation and
2102 use of land as part of the Operation Outdoor Freedom Program
2103 without compensation shall be considered a volunteer, as defined
2104 in s. 110.501, and shall be covered by state liability
2105 protection pursuant to s. 768.28, including s. 768.28(9).
2106 3. This subsection does not:
2107 a. Relieve any person of liability that would otherwise
2108 exist for deliberate, willful, or malicious injury to persons or
2109 property.
2110 b. Create or increase the liability of any person.
2111 Section 47. For the purpose of incorporating the amendment
2112 made by this act to section 768.28, Florida Statutes, in
2113 references thereto, subsections (3) and (4) of section 627.7491,
2114 Florida Statutes, are reenacted to read:
2115 627.7491 Official law enforcement vehicles; motor vehicle
2116 insurance requirements.—
2117 (3) Any suit or action brought or maintained against an
2118 employing agency for damages arising out of tort pursuant to
2119 this section, including, without limitation, any claim arising
2120 upon account of an act causing loss of property, personal
2121 injury, or death, shall be subject to the limitations provided
2122 in s. 768.28(5).
2123 (4) The requirements of this section may be met by any
2124 method authorized by s. 768.28(16).
2125 Section 48. For the purpose of incorporating the amendment
2126 made by this act to section 768.28, Florida Statutes, in a
2127 reference thereto, paragraph (c) of subsection (2) of section
2128 723.0611, Florida Statutes, is reenacted to read:
2129 723.0611 Florida Mobile Home Relocation Corporation.—
2130 (2)
2131 (c) The corporation shall, for purposes of s. 768.28, be
2132 considered an agency of the state. Agents or employees of the
2133 corporation, members of the board of directors of the
2134 corporation, or representatives of the Division of Florida
2135 Condominiums, Timeshares, and Mobile Homes shall be considered
2136 officers, employees, or agents of the state, and actions against
2137 them and the corporation shall be governed by s. 768.28.
2138 Section 49. For the purpose of incorporating the amendment
2139 made by this act to section 768.28, Florida Statutes, in a
2140 reference thereto, subsection (5) of section 760.11, Florida
2141 Statutes, is reenacted to read:
2142 760.11 Administrative and civil remedies; construction.—
2143 (5) In any civil action brought under this section, the
2144 court may issue an order prohibiting the discriminatory practice
2145 and providing affirmative relief from the effects of the
2146 practice, including back pay. The court may also award
2147 compensatory damages, including, but not limited to, damages for
2148 mental anguish, loss of dignity, and any other intangible
2149 injuries, and punitive damages. The provisions of ss. 768.72 and
2150 768.73 do not apply to this section. The judgment for the total
2151 amount of punitive damages awarded under this section to an
2152 aggrieved person shall not exceed $100,000. In any action or
2153 proceeding under this subsection, the court, in its discretion,
2154 may allow the prevailing party a reasonable attorney’s fee as
2155 part of the costs. It is the intent of the Legislature that this
2156 provision for attorney’s fees be interpreted in a manner
2157 consistent with federal case law involving a Title VII action.
2158 The right to trial by jury is preserved in any such private
2159 right of action in which the aggrieved person is seeking
2160 compensatory or punitive damages, and any party may demand a
2161 trial by jury. The commission’s determination of reasonable
2162 cause is not admissible into evidence in any civil proceeding,
2163 including any hearing or trial, except to establish for the
2164 court the right to maintain the private right of action. A civil
2165 action brought under this section shall be commenced no later
2166 than 1 year after the date of determination of reasonable cause
2167 by the commission. The commencement of such action shall divest
2168 the commission of jurisdiction of the complaint, except that the
2169 commission may intervene in the civil action as a matter of
2170 right. Notwithstanding the above, the state and its agencies and
2171 subdivisions shall not be liable for punitive damages. The total
2172 amount of recovery against the state and its agencies and
2173 subdivisions shall not exceed the limitation as set forth in s.
2174 768.28(5).
2175 Section 50. For the purpose of incorporating the amendment
2176 made by this act to section 768.28, Florida Statutes, in a
2177 reference thereto, subsection (4) of section 766.1115, Florida
2178 Statutes, is reenacted to read:
2179 766.1115 Health care providers; creation of agency
2180 relationship with governmental contractors.—
2181 (4) CONTRACT REQUIREMENTS.—A health care provider that
2182 executes a contract with a governmental contractor to deliver
2183 health care services on or after April 17, 1992, as an agent of
2184 the governmental contractor is an agent for purposes of s.
2185 768.28(9), while acting within the scope of duties under the
2186 contract, if the contract complies with the requirements of this
2187 section and regardless of whether the individual treated is
2188 later found to be ineligible. A health care provider shall
2189 continue to be an agent for purposes of s. 768.28(9) for 30 days
2190 after a determination of ineligibility to allow for treatment
2191 until the individual transitions to treatment by another health
2192 care provider. A health care provider under contract with the
2193 state may not be named as a defendant in any action arising out
2194 of medical care or treatment provided on or after April 17,
2195 1992, under contracts entered into under this section. The
2196 contract must provide that:
2197 (a) The right of dismissal or termination of any health
2198 care provider delivering services under the contract is retained
2199 by the governmental contractor.
2200 (b) The governmental contractor has access to the patient
2201 records of any health care provider delivering services under
2202 the contract.
2203 (c) Adverse incidents and information on treatment outcomes
2204 must be reported by any health care provider to the governmental
2205 contractor if the incidents and information pertain to a patient
2206 treated under the contract. The health care provider shall
2207 submit the reports required by s. 395.0197. If an incident
2208 involves a professional licensed by the Department of Health or
2209 a facility licensed by the Agency for Health Care
2210 Administration, the governmental contractor shall submit such
2211 incident reports to the appropriate department or agency, which
2212 shall review each incident and determine whether it involves
2213 conduct by the licensee that is subject to disciplinary action.
2214 All patient medical records and any identifying information
2215 contained in adverse incident reports and treatment outcomes
2216 which are obtained by governmental entities under this paragraph
2217 are confidential and exempt from the provisions of s. 119.07(1)
2218 and s. 24(a), Art. I of the State Constitution.
2219 (d) Patient selection and initial referral must be made by
2220 the governmental contractor or the provider. Patients may not be
2221 transferred to the provider based on a violation of the
2222 antidumping provisions of the Omnibus Budget Reconciliation Act
2223 of 1989, the Omnibus Budget Reconciliation Act of 1990, or
2224 chapter 395.
2225 (e) If emergency care is required, the patient need not be
2226 referred before receiving treatment, but must be referred within
2227 48 hours after treatment is commenced or within 48 hours after
2228 the patient has the mental capacity to consent to treatment,
2229 whichever occurs later.
2230 (f) The provider is subject to supervision and regular
2231 inspection by the governmental contractor.
2232 (g) As an agent of the governmental contractor for purposes
2233 of s. 768.28(9), while acting within the scope of duties under
2234 the contract, a health care provider licensed under chapter 466
2235 may allow a patient, or a parent or guardian of the patient, to
2236 voluntarily contribute a monetary amount to cover costs of
2237 dental laboratory work related to the services provided to the
2238 patient. This contribution may not exceed the actual cost of the
2239 dental laboratory charges.
2240
2241 A governmental contractor that is also a health care provider is
2242 not required to enter into a contract under this section with
2243 respect to the health care services delivered by its employees.
2244 Section 51. For the purpose of incorporating the amendment
2245 made by this act to section 768.28, Florida Statutes, in a
2246 reference thereto, subsection (2) of section 766.112, Florida
2247 Statutes, is reenacted to read:
2248 766.112 Comparative fault.—
2249 (2) In an action for damages for personal injury or
2250 wrongful death arising out of medical negligence, whether in
2251 contract or tort, when an apportionment of damages pursuant to
2252 s. 768.81 is attributed to a board of trustees of a state
2253 university, the court shall enter judgment against the board of
2254 trustees on the basis of the board’s percentage of fault and not
2255 on the basis of the doctrine of joint and several liability. The
2256 sole remedy available to a claimant to collect a judgment or
2257 settlement against a board of trustees, subject to the
2258 provisions of this subsection, shall be pursuant to s. 768.28.
2259 Section 52. For the purpose of incorporating the amendment
2260 made by this act to section 768.28, Florida Statutes, in a
2261 reference thereto, subsection (3) of section 768.1355, Florida
2262 Statutes, is reenacted to read:
2263 768.1355 Florida Volunteer Protection Act.—
2264 (3) Members of elected or appointed boards, councils, and
2265 commissions of the state, counties, municipalities, authorities,
2266 and special districts shall incur no civil liability and shall
2267 have immunity from suit as provided in s. 768.28 for acts or
2268 omissions by members relating to members’ conduct of their
2269 official duties. It is the intent of the Legislature to
2270 encourage our best and brightest people to serve on elected and
2271 appointed boards, councils, and commissions.
2272 Section 53. For the purpose of incorporating the amendment
2273 made by this act to section 768.28, Florida Statutes, in a
2274 reference thereto, subsection (7) of section 768.1382, Florida
2275 Statutes, is reenacted to read:
2276 768.1382 Streetlights, security lights, and other similar
2277 illumination; limitation on liability.—
2278 (7) In the event that there is any conflict between this
2279 section and s. 768.81, or any other section of the Florida
2280 Statutes, this section shall control. Further, nothing in this
2281 section shall impact or waive any provision of s. 768.28.
2282 Section 54. For the purpose of incorporating the amendment
2283 made by this act to section 768.28, Florida Statutes, in a
2284 reference thereto, subsection (4) of section 768.295, Florida
2285 Statutes, is reenacted to read:
2286 768.295 Strategic Lawsuits Against Public Participation
2287 (SLAPP) prohibited.—
2288 (4) A person or entity sued by a governmental entity or
2289 another person in violation of this section has a right to an
2290 expeditious resolution of a claim that the suit is in violation
2291 of this section. A person or entity may move the court for an
2292 order dismissing the action or granting final judgment in favor
2293 of that person or entity. The person or entity may file a motion
2294 for summary judgment, together with supplemental affidavits,
2295 seeking a determination that the claimant’s or governmental
2296 entity’s lawsuit has been brought in violation of this section.
2297 The claimant or governmental entity shall thereafter file a
2298 response and any supplemental affidavits. As soon as
2299 practicable, the court shall set a hearing on the motion, which
2300 shall be held at the earliest possible time after the filing of
2301 the claimant’s or governmental entity’s response. The court may
2302 award, subject to the limitations in s. 768.28, the party sued
2303 by a governmental entity actual damages arising from a
2304 governmental entity’s violation of this section. The court shall
2305 award the prevailing party reasonable attorney fees and costs
2306 incurred in connection with a claim that an action was filed in
2307 violation of this section.
2308 Section 55. For the purpose of incorporating the amendment
2309 made by this act to section 768.28, Florida Statutes, in a
2310 reference thereto, section 946.5026, Florida Statutes, is
2311 reenacted to read:
2312 946.5026 Sovereign immunity in tort actions.—The provisions
2313 of s. 768.28 shall be applicable to the corporation established
2314 under this part, which is deemed to be a corporation primarily
2315 acting as an instrumentality of the state.
2316 Section 56. For the purpose of incorporating the amendment
2317 made by this act to section 768.28, Florida Statutes, in a
2318 reference thereto, subsection (3) of section 946.514, Florida
2319 Statutes, is reenacted to read:
2320 946.514 Civil rights of inmates; inmates not state
2321 employees; liability of corporation for inmate injuries.—
2322 (3) The corporation is liable for inmate injury to the
2323 extent specified in s. 768.28; however, the members of the board
2324 of directors are not individually liable to any inmate for any
2325 injury sustained in any correctional work program operated by
2326 the corporation.
2327 Section 57. For the purpose of incorporating the amendment
2328 made by this act to section 768.28, Florida Statutes, in a
2329 reference thereto, subsection (8) of section 961.06, Florida
2330 Statutes, is reenacted to read:
2331 961.06 Compensation for wrongful incarceration.—
2332 (8) Any payment made under this act does not constitute a
2333 waiver of any defense of sovereign immunity or an increase in
2334 the limits of liability on behalf of the state or any person
2335 subject to s. 768.28 or any other law.
2336 Section 58. For the purpose of incorporating the amendment
2337 made by this act to section 768.28, Florida Statutes, in a
2338 reference thereto, subsection (3) of section 984.09, Florida
2339 Statutes, is reenacted to read:
2340 984.09 Punishment for contempt of court; alternative
2341 sanctions.—
2342 (3) ALTERNATIVE SANCTIONS.—Upon determining that a child
2343 has committed direct contempt of court or indirect contempt of a
2344 valid court order, the court may immediately request the circuit
2345 alternative sanctions coordinator to recommend the most
2346 appropriate available alternative sanction and shall order the
2347 child to perform up to 50 hours of community service or a
2348 similar alternative sanction, unless an alternative sanction is
2349 unavailable or inappropriate, or unless the child has failed to
2350 comply with a prior alternative sanction. Alternative contempt
2351 sanctions may be provided by local industry or by any nonprofit
2352 organization or any public or private business or service entity
2353 that has entered into a contract with the department to act as
2354 an agent of the state to provide voluntary supervision of
2355 children on behalf of the state in exchange for the labor of
2356 children and limited immunity in accordance with s. 768.28(11).
2357 Section 59. For the purpose of incorporating the amendment
2358 made by this act to section 768.28, Florida Statutes, in a
2359 reference thereto, paragraph (h) of subsection (12) of section
2360 1002.33, Florida Statutes, is reenacted to read:
2361 1002.33 Charter schools.—
2362 (12) EMPLOYEES OF CHARTER SCHOOLS.—
2363 (h) For the purposes of tort liability, the charter school,
2364 including its governing body and employees, shall be governed by
2365 s. 768.28. This paragraph does not include any for-profit entity
2366 contracted by the charter school or its governing body.
2367 Section 60. For the purpose of incorporating the amendment
2368 made by this act to section 768.28, Florida Statutes, in a
2369 reference thereto, paragraph (b) of subsection (6) of section
2370 1002.333, Florida Statutes, is reenacted to read:
2371 1002.333 Persistently low-performing schools.—
2372 (6) STATUTORY AUTHORITY.—
2373 (b) For the purposes of tort liability, the hope operator,
2374 the school of hope, and its employees or agents shall be
2375 governed by s. 768.28. The sponsor shall not be liable for civil
2376 damages under state law for the employment actions or personal
2377 injury, property damage, or death resulting from an act or
2378 omission of a hope operator, the school of hope, or its
2379 employees or agents. This paragraph does not include any for
2380 profit entity contracted by the charter school or its governing
2381 body.
2382 Section 61. For the purpose of incorporating the amendment
2383 made by this act to section 768.28, Florida Statutes, in a
2384 reference thereto, subsection (17) of section 1002.34, Florida
2385 Statutes, is reenacted to read:
2386 1002.34 Charter technical career centers.—
2387 (17) IMMUNITY.—For the purposes of tort liability, the
2388 governing body and employees of a center are governed by s.
2389 768.28.
2390 Section 62. For the purpose of incorporating the amendment
2391 made by this act to section 768.28, Florida Statutes, in a
2392 reference thereto, subsection (2) of section 1002.37, Florida
2393 Statutes, is reenacted to read:
2394 1002.37 The Florida Virtual School.—
2395 (2) The Florida Virtual School shall be governed by a board
2396 of trustees comprised of seven members appointed by the Governor
2397 to 4-year staggered terms. The board of trustees shall be a
2398 public agency entitled to sovereign immunity pursuant to s.
2399 768.28, and board members shall be public officers who shall
2400 bear fiduciary responsibility for the Florida Virtual School.
2401 The board of trustees shall have the following powers and
2402 duties:
2403 (a)1. The board of trustees shall meet at least 4 times
2404 each year, upon the call of the chair, or at the request of a
2405 majority of the membership.
2406 2. The fiscal year for the Florida Virtual School shall be
2407 the state fiscal year as provided in s. 216.011(1)(q).
2408 (b) The board of trustees shall be responsible for the
2409 Florida Virtual School’s development of a state-of-the-art
2410 technology-based education delivery system that is cost
2411 effective, educationally sound, marketable, and capable of
2412 sustaining a self-sufficient delivery system through the Florida
2413 Education Finance Program.
2414 (c) The board of trustees shall aggressively seek avenues
2415 to generate revenue to support its future endeavors, and shall
2416 enter into agreements with distance learning providers. The
2417 board of trustees may acquire, enjoy, use, and dispose of
2418 patents, copyrights, and trademarks and any licenses and other
2419 rights or interests thereunder or therein. Ownership of all such
2420 patents, copyrights, trademarks, licenses, and rights or
2421 interests thereunder or therein shall vest in the state, with
2422 the board of trustees having full right of use and full right to
2423 retain the revenues derived therefrom. Any funds realized from
2424 patents, copyrights, trademarks, or licenses shall be considered
2425 internal funds as provided in s. 1011.07. Such funds shall be
2426 used to support the school’s marketing and research and
2427 development activities in order to improve courseware and
2428 services to its students.
2429 (d) The board of trustees shall be responsible for the
2430 administration and control of all local school funds derived
2431 from all activities or sources and shall prescribe the
2432 principles and procedures to be followed in administering these
2433 funds.
2434 (e) The Florida Virtual School may accrue supplemental
2435 revenue from supplemental support organizations, which include,
2436 but are not limited to, alumni associations, foundations,
2437 parent-teacher associations, and booster associations. The
2438 governing body of each supplemental support organization shall
2439 recommend the expenditure of moneys collected by the
2440 organization for the benefit of the school. Such expenditures
2441 shall be contingent upon the review of the executive director.
2442 The executive director may override any proposed expenditure of
2443 the organization that would violate Florida law or breach sound
2444 educational management.
2445 (f) In accordance with law and rules of the State Board of
2446 Education, the board of trustees shall administer and maintain
2447 personnel programs for all employees of the board of trustees
2448 and the Florida Virtual School. The board of trustees may adopt
2449 rules, policies, and procedures related to the appointment,
2450 employment, and removal of personnel.
2451 1. The board of trustees shall determine the compensation,
2452 including salaries and fringe benefits, and other conditions of
2453 employment for such personnel.
2454 2. The board of trustees may establish and maintain a
2455 personnel loan or exchange program by which persons employed by
2456 the board of trustees for the Florida Virtual School as academic
2457 administrative and instructional staff may be loaned to, or
2458 exchanged with persons employed in like capacities by, public
2459 agencies either within or without this state, or by private
2460 industry. With respect to public agency employees, the program
2461 authorized by this subparagraph shall be consistent with the
2462 requirements of part II of chapter 112. The salary and benefits
2463 of board of trustees personnel participating in the loan or
2464 exchange program shall be continued during the period of time
2465 they participate in a loan or exchange program, and such
2466 personnel shall be deemed to have no break in creditable or
2467 continuous service or employment during such time. The salary
2468 and benefits of persons participating in the personnel loan or
2469 exchange program who are employed by public agencies or private
2470 industry shall be paid by the originating employers of those
2471 participants, and such personnel shall be deemed to have no
2472 break in creditable or continuous service or employment during
2473 such time.
2474 3. The employment of all Florida Virtual School academic
2475 administrative and instructional personnel shall be subject to
2476 rejection for cause by the board of trustees, and shall be
2477 subject to policies of the board of trustees relative to
2478 certification, tenure, leaves of absence, sabbaticals,
2479 remuneration, and such other conditions of employment as the
2480 board of trustees deems necessary and proper, not inconsistent
2481 with law.
2482 4. Each person employed by the board of trustees in an
2483 academic administrative or instructional capacity with the
2484 Florida Virtual School shall be entitled to a contract as
2485 provided by rules of the board of trustees.
2486 5. All employees except temporary, seasonal, and student
2487 employees may be state employees for the purpose of being
2488 eligible to participate in the Florida Retirement System and
2489 receive benefits. The classification and pay plan, including
2490 terminal leave and other benefits, and any amendments thereto,
2491 shall be subject to review and approval by the Department of
2492 Management Services and the Executive Office of the Governor
2493 prior to adoption.
2494 (g) The board of trustees shall establish priorities for
2495 admission of students in accordance with paragraph (1)(b).
2496 (h) The board of trustees shall establish and distribute to
2497 all school districts and high schools in the state procedures
2498 for enrollment of students in courses offered by the Florida
2499 Virtual School.
2500 (i) The board of trustees shall establish criteria defining
2501 the elements of an approved franchise. The board of trustees may
2502 enter into franchise agreements with Florida district school
2503 boards and may establish the terms and conditions governing such
2504 agreements. The board of trustees shall establish the
2505 performance and accountability measures and report the
2506 performance of each school district franchise to the
2507 Commissioner of Education.
2508 (j) The board of trustees shall submit to the State Board
2509 of Education both forecasted and actual enrollments and credit
2510 completions for the Florida Virtual School, according to
2511 procedures established by the State Board of Education. At a
2512 minimum, such procedures must include the number of public,
2513 private, and home education students served by program and by
2514 county of residence.
2515 (k) The board of trustees shall provide for the content and
2516 custody of student and employee personnel records. Student
2517 records shall be subject to the provisions of s. 1002.22.
2518 Employee records shall be subject to the provisions of s.
2519 1012.31.
2520 (l) The financial records and accounts of the Florida
2521 Virtual School shall be maintained under the direction of the
2522 board of trustees and under rules adopted by the State Board of
2523 Education for the uniform system of financial records and
2524 accounts for the schools of the state.
2525
2526 The Governor shall designate the initial chair of the board of
2527 trustees to serve a term of 4 years. Members of the board of
2528 trustees shall serve without compensation, but may be reimbursed
2529 for per diem and travel expenses pursuant to s. 112.061. The
2530 board of trustees shall be a body corporate with all the powers
2531 of a body corporate and such authority as is needed for the
2532 proper operation and improvement of the Florida Virtual School.
2533 The board of trustees is specifically authorized to adopt rules,
2534 policies, and procedures, consistent with law and rules of the
2535 State Board of Education related to governance, personnel,
2536 budget and finance, administration, programs, curriculum and
2537 instruction, travel and purchasing, technology, students,
2538 contracts and grants, and property as necessary for optimal,
2539 efficient operation of the Florida Virtual School. Tangible
2540 personal property owned by the board of trustees shall be
2541 subject to the provisions of chapter 273.
2542 Section 63. For the purpose of incorporating the amendment
2543 made by this act to section 768.28, Florida Statutes, in a
2544 reference thereto, paragraph (l) of subsection (3) of section
2545 1002.55, Florida Statutes, is reenacted to read:
2546 1002.55 School-year prekindergarten program delivered by
2547 private prekindergarten providers.—
2548 (3) To be eligible to deliver the prekindergarten program,
2549 a private prekindergarten provider must meet each of the
2550 following requirements:
2551 (l) Notwithstanding paragraph (j), for a private
2552 prekindergarten provider that is a state agency or a subdivision
2553 thereof, as defined in s. 768.28(2), the provider must agree to
2554 notify the coalition of any additional liability coverage
2555 maintained by the provider in addition to that otherwise
2556 established under s. 768.28. The provider shall indemnify the
2557 coalition to the extent permitted by s. 768.28. Notwithstanding
2558 paragraph (j), for a child development program that is
2559 accredited by a national accrediting body and operates on a
2560 military installation that is certified by the United States
2561 Department of Defense, the provider may demonstrate liability
2562 coverage by affirming that it is subject to the Federal Tort
2563 Claims Act, 28 U.S.C. ss. 2671 et seq.
2564 Section 64. For the purpose of incorporating the amendment
2565 made by this act to section 768.28, Florida Statutes, in a
2566 reference thereto, subsection (10) of section 1002.83, Florida
2567 Statutes, is reenacted to read:
2568 1002.83 Early learning coalitions.—
2569 (10) For purposes of tort liability, each member or
2570 employee of an early learning coalition shall be governed by s.
2571 768.28.
2572 Section 65. For the purpose of incorporating the amendment
2573 made by this act to section 768.28, Florida Statutes, in a
2574 reference thereto, paragraph (p) of subsection (1) of section
2575 1002.88, Florida Statutes, is reenacted to read:
2576 1002.88 School readiness program provider standards;
2577 eligibility to deliver the school readiness program.—
2578 (1) To be eligible to deliver the school readiness program,
2579 a school readiness program provider must:
2580 (p) Notwithstanding paragraph (m), for a provider that is a
2581 state agency or a subdivision thereof, as defined in s.
2582 768.28(2), agree to notify the coalition of any additional
2583 liability coverage maintained by the provider in addition to
2584 that otherwise established under s. 768.28. The provider shall
2585 indemnify the coalition to the extent permitted by s. 768.28.
2586 Notwithstanding paragraph (m), for a child development program
2587 that is accredited by a national accrediting body and operates
2588 on a military installation that is certified by the United
2589 States Department of Defense, the provider may demonstrate
2590 liability coverage by affirming that it is subject to the
2591 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
2592 Section 66. For the purpose of incorporating the amendment
2593 made by this act to section 768.28, Florida Statutes, in a
2594 reference thereto, subsection (1) of section 1006.24, Florida
2595 Statutes, is reenacted to read:
2596 1006.24 Tort liability; liability insurance.—
2597 (1) Each district school board shall be liable for tort
2598 claims arising out of any incident or occurrence involving a
2599 school bus or other motor vehicle owned, maintained, operated,
2600 or used by the district school board to transport persons, to
2601 the same extent and in the same manner as the state or any of
2602 its agencies or subdivisions is liable for tort claims under s.
2603 768.28, except that the total liability to persons being
2604 transported for all claims or judgments of such persons arising
2605 out of the same incident or occurrence shall not exceed an
2606 amount equal to $5,000 multiplied by the rated seating capacity
2607 of the school bus or other vehicle, as determined by rules of
2608 the State Board of Education, or $100,000, whichever is greater.
2609 The provisions of s. 768.28 apply to all claims or actions
2610 brought against district school boards, as authorized in this
2611 subsection.
2612 Section 67. For the purpose of incorporating the amendment
2613 made by this act to section 768.28, Florida Statutes, in a
2614 reference thereto, paragraph (b) of subsection (2) of section
2615 1006.261, Florida Statutes, is reenacted to read:
2616 1006.261 Use of school buses for public purposes.—
2617 (2)
2618 (b) For purposes of liability for negligence, state
2619 agencies or subdivisions as defined in s. 768.28(2) shall be
2620 covered by s. 768.28. Every other corporation or organization
2621 shall provide liability insurance coverage in the minimum
2622 amounts of $100,000 on any claim or judgment and $200,000 on all
2623 claims and judgments arising from the same incident or
2624 occurrence.
2625 Section 68. This act shall take effect October 1, 2026.
2626
2627 ================= T I T L E A M E N D M E N T ================
2628 And the title is amended as follows:
2629 Delete everything before the enacting clause
2630 and insert:
2631 A bill to be entitled
2632 An act relating to claims against the government;
2633 amending s. 768.28, F.S.; increasing the statutory
2634 limits on the liability of the state and its agencies
2635 and subdivisions for tort claims; revising exceptions
2636 relating to instituting actions on tort claims against
2637 the state or one of its agencies or subdivisions;
2638 revising the period after which the failure of certain
2639 entities to make a final disposition of a claim shall
2640 be deemed a final denial of the claim for certain
2641 purposes; revising the statute of limitations for tort
2642 claims against the state or one of its agencies or
2643 subdivisions and exceptions thereto; deleting obsolete
2644 language; making technical changes; providing
2645 applicability; amending ss. 29.0081, 39.8297, 343.811,
2646 and 944.713, F.S.; conforming cross references;
2647 conforming provisions to changes made by the act;
2648 reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4),
2649 111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and
2650 (15)(k), 190.043, 213.015(13), 252.51, 252.89,
2651 252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b),
2652 337.19(1), 341.302(17), 343.811(3), 351.03(4)(c),
2653 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),
2654 394.9085(7), 395.1055(10)(g), 403.706(17)(c),
2655 409.175(15)(b), 409.993(1), (2)(a), and (3)(a),
2656 420.504(8), 455.221(3), 455.32(5), 456.009(3),
2657 456.076(15)(a), 471.038(3), 472.006(11)(b),
2658 497.167(7), 513.118(2), 548.046(1), 556.106(8),
2659 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c),
2660 760.11(5), 766.1115(4), 766.112(2), 768.1355(3),
2661 768.1382(7), 768.295(4), 946.5026, 946.514(3),
2662 961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b),
2663 1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10),
2664 1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S.,
2665 relating to offers of settlement; limitations other
2666 than for the recovery of real property; volunteer
2667 benefits; payment of judgments or settlements against
2668 certain public officers or employees; office of the
2669 sheriff; the Florida Interlocal Cooperation Act of
2670 1969; suits against community development districts;
2671 taxpayer rights; liability; tort liability; tort
2672 liability; limitation on liability of private
2673 landowners whose property is designated as part of the
2674 statewide system of greenways and trails; scope and
2675 types of coverages; effect of waiver of sovereign
2676 immunity; driver license examiners; suits by and
2677 against the Department of Transportation; rail
2678 program; power to assume indemnification and insurance
2679 obligations; railroad-highway grade-crossing warning
2680 signs and signals; limitation on liability of a water
2681 management district with respect to areas made
2682 available to the public for recreational purposes
2683 without charge; limitation on liability of persons
2684 making available to the public certain areas for
2685 recreational purposes without charge; school health
2686 services program; general liability coverage;
2687 behavioral provider liability; rules and enforcement;
2688 local government solid waste responsibilities;
2689 licensure of family foster homes, residential child
2690 caring agencies, and child-placing agencies; lead
2691 agencies and subcontractor liability; the Florida
2692 Housing Finance Corporation; legal and investigative
2693 services; the Management Privatization Act; legal and
2694 investigative services; impaired practitioner
2695 programs; the Florida Engineers Management
2696 Corporation; the Department of Agriculture and
2697 Consumer Services; administrative matters; conduct on
2698 premises and refusal of service; physician’s
2699 attendance at match; liability of the member operator,
2700 excavator, and system; creation of certain state
2701 forests, naming of certain state forests, and the
2702 Operation Outdoor Freedom Program; official law
2703 enforcement vehicles and motor vehicle insurance
2704 requirements; the Florida Mobile Home Relocation
2705 Corporation; administrative and civil remedies and
2706 construction; health care providers and creation of
2707 agency relationship with governmental contractors;
2708 comparative fault; the Florida Volunteer Protection
2709 Act; streetlights, security lights, and other similar
2710 illumination and limitation on liability; Strategic
2711 Lawsuits Against Public Participation (SLAPP)
2712 prohibited; sovereign immunity in tort actions;
2713 liability of corporation for inmate injuries;
2714 compensation for wrongful incarceration; punishment
2715 for contempt of court and alternative sanctions;
2716 charter schools; persistently low-performing schools;
2717 charter technical career centers; the Florida Virtual
2718 School; school-year prekindergarten program delivered
2719 by private prekindergarten providers; early learning
2720 coalitions; school readiness program provider
2721 standards and eligibility to deliver the school
2722 readiness program; tort liability and liability
2723 insurance; and use of school buses for public
2724 purposes, respectively, to incorporate changes made to
2725 s. 768.28, F.S., in references thereto; providing an
2726 effective date.