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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sovereign immunity; amending s. 2
768.28, F.S.; revising the statutory limits on 3
liability for tort claims against the state and its 4
agencies and subdivisions; specifying that the 5
limitations in effect on the date a final judgment is 6
entered apply to that claim; requiring the Department 7
of Financial Services to adjust the limitations on 8
tort liability every year after a specified date; 9
authorizing certain sexual battery claims and actions 10
to be presented at any time; reenacting ss. 45.061(5), 11
110.504(4), 111.071(1)(a), 163.01(15)(k), 190.043, 12
213.015(13), 252.51, 252.89, 252.944, 260.0125(2), 13
284.31, 284.38, 322.13(1)( b), 337.19(1), 341.302(17), 14
373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 15
395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a), 16
and (3)(a), 455.221(3), 455.32(5), 456.009(3), 17
456.076(15)(a), 471.038(3), 472.006(11)(b), 18
497.167(7), 513.118(2), 548.046(1), 556.106(8), 19
589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5), 20
766.112(2), 768.1355(3), 768.295(4), 944.713(2), 21
946.5026, 946.514(3), 961.06(5), (6), and (7), 22
1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 23
1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), 24
and 1006.261(2)(b), F.S., to incorporate the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amendments made to s. 768.28, F.S., in references 26
thereto; providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Subsection (5), paragraph (a) of subsection 31
(6), and subsection (14) of section 768.28, Florida Statutes, 32
are amended to read: 33
768.28 Waiver of sovereign immunity in tort actions; 34
recovery limits; civil liability for damages caused during a 35
riot; limitation on attorney fees; statute of limitations; 36
exclusions; indemnification; risk management programs. — 37
(5)(a) The state and its agencies and subdivisions shall 38
be liable for tort claims in the same manner and to the same 39
extent as a private individual under like circumstances, but 40
liability shall not include puni tive damages or interest for the 41
period before judgment. Neither the state nor its agencies or 42
subdivisions shall be liable to pay a claim or a judgment by any 43
one person which exceeds the sum of $1 million $200,000 or any 44
claim or judgment, or portions th ereof, which, when totaled with 45
all other claims or judgments paid by the state or its agencies 46
or subdivisions arising out of the same incident or occurrence, 47
exceeds the sum of $300,000 . However, a judgment or judgments 48
may be claimed and rendered in exc ess of this amount these 49
amounts and may be settled and paid pursuant to this act up to 50
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$1 million per person, $200,000 or $300,000, as the case may be; 51
and that portion of the judgment that exceeds this amount these 52
amounts may be reported to the Legislat ure, and but may be paid 53
in part or in whole only by further act of the Legislature. 54
Notwithstanding the limited waiver of sovereign immunity 55
provided herein, the state or an agency or subdivision thereof 56
may agree, within the limits of insurance coverage provided, to 57
settle a claim made or a judgment rendered against it without 58
further action by the Legislature, but the state or agency or 59
subdivision thereof shall not be deemed to have waived any 60
defense of sovereign immunity or to have increased the limit s of 61
its liability as a result of its obtaining insurance coverage 62
for tortious acts in excess of the $1 million $200,000 or 63
$300,000 waiver provided above. 64
(b) The limitations of liability set forth in this 65
subsection shall apply to the state and its ag encies and 66
subdivisions whether or not the state or its agencies or 67
subdivisions possessed sovereign immunity before July 1, 1974. 68
(c) When determining liability limits for a claim, the 69
limitations of liability in effect on the date a final judgment 70
is entered shall apply to the claim. 71
(d) Beginning July 1, 2023, and each July 1 thereafter, 72
the Department of Financial Services shall adjust the 73
limitations of liability in this subsection to reflect changes 74
in the Consumer Price Index for the Southeast or a successor 75
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index as calculated by the United States Department of Labor. 76
(e)(b) A municipality has a duty to allow the municipal 77
law enforcement agency to respond appropriately to protect 78
persons and property during a riot or an unlawful assembly based 79
on the availability of adequate equipment to its municipal law 80
enforcement officers and relevant state and federal laws. If the 81
governing body of a municipality or a person authorized by the 82
governing body of the municipality breaches that duty, the 83
municipality is civilly liable for any damages, including 84
damages arising from personal injury, wrongful death, or 85
property damages proximately caused by the municipality's breach 86
of duty. The sovereign immunity recovery limits in paragraph (a) 87
do not apply to an action under this paragraph. 88
(6)(a) An action may not be instituted on a claim against 89
the state or one of its agencies or subdivisions unless the 90
claimant presents the claim in writing to the appropriate 91
agency, and also, except as to any claim again st a municipality, 92
county, or the Florida Space Authority, presents such claim in 93
writing to the Department of Financial Services, within 3 years 94
after such claim accrues and the Department of Financial 95
Services or the appropriate agency denies the claim i n writing; 96
except that, if: 97
1. Such claim is for contribution pursuant to s. 768.31, 98
it must be so presented within 6 months after the judgment 99
against the tortfeasor seeking contribution has become final by 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lapse of time for appeal or after appellate re view or, if there 101
is no such judgment, within 6 months after the tortfeasor 102
seeking contribution has either discharged the common liability 103
by payment or agreed, while the action is pending against her or 104
him, to discharge the common liability; or 105
2. Such action is for wrongful death, the claimant must 106
present the claim in writing to the Department of Financial 107
Services within 2 years after the claim accrues ; or 108
3. Such action arises from a violation of s. 794.011 109
involving a victim who was younger than the age of 16 at the 110
time of the act, the claimant may present the claim at any time . 111
(14) Every claim against the state or one of its agencies 112
or subdivisions for damages for a negligent or wrongful act or 113
omission pursuant to this section shall be forever barred unless 114
the civil action is commenced by filing a complaint in the court 115
of appropriate jurisdiction within 4 years after such claim 116
accrues; except that : 117
(a) An action for contribution must be commenced within 118
the limitations provided in s. 768.31(4) ;, and 119
(b) An action for damages arising from medical malpractice 120
or wrongful death must be commenced within the limitations for 121
such actions in s. 95.11(4) ; and 122
(c) An action arising from acts constituting a violation 123
of s. 794.011 involving a victim who was younger than the age of 124
16 at the time of the act may be commenced at any time pursuant 125
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to s. 95.11(9). 126
Section 2. For the purpose of incorporating th e amendment 127
made by this act to section 768.28, Florida Statutes, in a 128
reference thereto, subsection (5) of section 45.061, Florida 129
Statutes, is reenacted to read: 130
45.061 Offers of settlement. — 131
(5) Sanctions authorized under this section may be imposed 132
notwithstanding any limitation on recovery of costs or expenses 133
which may be provided by contract or in other provisions of 134
Florida law. This section shall not be construed to waive the 135
limits of sovereign immunity set forth in s. 768.28. 136
Section 3. For the purpose of incorporating the amendment 137
made by this act to section 768.28, Florida Statutes, in a 138
reference thereto, subsection (4) of section 110.504, Florida 139
Statutes, is reenacted to read: 140
110.504 Volunteer benefits. — 141
(4) Volunteers shall be covered by state liability 142
protection in accordance with the definition of a volunteer and 143
the provisions of s. 768.28. 144
Section 4. For the purpose of incorporating the amendment 145
made by this act to section 768.28, Florida Statutes, in a 146
reference thereto, paragraph (a) of subsection (1) of section 147
111.071, Florida Statutes, is reenacted to read: 148
111.071 Payment of judgments or settlements against 149
certain public officers or employees. — 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) Any county, municipality, political subdivision, or 151
agency of the state which has been excluded from participation 152
in the Insurance Risk Management Trust Fund is authorized to 153
expend available funds to pay: 154
(a) Any final judgment, including damages, costs, and 155
attorney's fees, arising from a complaint for damages or injury 156
suffered as a result of any act or omission of action of any 157
officer, employee, or agent in a civil or civil rights lawsuit 158
described in s. 111.07. If the civil action arises under s. 159
768.28 as a tort claim, the limitations and provisions of s. 160
768.28 governing payment shall apply. If the action is a civil 161
rights action arising under 42 U.S.C. s. 1983, or similar 162
federal statutes, payments for the full amount of the judgment 163
may be made unless the officer, employee, or agent has been 164
determined in the final judgment to have caused the harm 165
intentionally. 166
Section 5. For the purpose of incorporating the amendment 167
made by this act to section 768.28, Florida Statutes, in a 168
reference thereto, paragraph (k) of subsection (15) of section 169
163.01, Florida Statutes, is reenacted to read: 170
163.01 Florida Interlocal Cooperation Act of 1969. — 171
(15) Notwithstanding any other provision of this section 172
or of any other law except s. 361.14, any public agency of this 173
state which is an electric utility, or any s eparate legal entity 174
created pursuant to the provisions of this section, the 175
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membership of which consists only of electric utilities, and 176
which exercises or proposes to exercise the powers granted by 177
part II of chapter 361, the Joint Power Act, may exercis e any or 178
all of the following powers: 179
(k) The limitations on waiver in the provisions of s. 180
768.28 or any other law to the contrary notwithstanding, the 181
Legislature, in accordance with s. 13, Art. X of the State 182
Constitution, hereby declares that any suc h legal entity or any 183
public agency of this state that participates in any electric 184
project waives its sovereign immunity to: 185
1. All other persons participating therein; and 186
2. Any person in any manner contracting with a legal 187
entity of which any such public agency is a member, with 188
relation to: 189
a. Ownership, operation, or any other activity set forth 190
in sub-subparagraph (b)2.d. with relation to any electric 191
project; or 192
b. The supplying or purchasing of services, output, 193
capacity, energy, or any com bination thereof. 194
Section 6. For the purpose of incorporating the amendment 195
made by this act to section 768.28, Florida Statutes, in a 196
reference thereto, section 190.043, Florida Statutes, is 197
reenacted to read: 198
190.043 Suits against the district. —Any suit or action 199
brought or maintained against the district for damages arising 200
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out of tort, including, without limitation, any claim arising 201
upon account of an act causing an injury or loss of property, 202
personal injury, or death, shall be subject to the li mitations 203
provided in s. 768.28. 204
Section 7. For the purpose of incorporating the amendment 205
made by this act to section 768.28, Florida Statutes, in a 206
reference thereto, subsection (13) of section 213.015, Florida 207
Statutes, is reenacted to read: 208
213.015 Taxpayer rights.—There is created a Florida 209
Taxpayer's Bill of Rights to guarantee that the rights, privacy, 210
and property of Florida taxpayers are adequately safeguarded and 211
protected during tax assessment, collection, and enforcement 212
processes administered under the revenue laws of this state. The 213
Taxpayer's Bill of Rights compiles, in one document, brief but 214
comprehensive statements which explain, in simple, nontechnical 215
terms, the rights and obligations of the Department of Revenue 216
and taxpayers. Section 192.0105 provides additional rights 217
afforded to payors of property taxes and assessments. The rights 218
afforded taxpayers to ensure that their privacy and property are 219
safeguarded and protected during tax assessment and collection 220
are available only inso far as they are implemented in other 221
parts of the Florida Statutes or rules of the Department of 222
Revenue. The rights so guaranteed Florida taxpayers in the 223
Florida Statutes and the departmental rules are: 224
(13) The right to an action at law within the lim itations 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of s. 768.28, relating to sovereign immunity, to recover damages 226
against the state or the Department of Revenue for injury caused 227
by the wrongful or negligent act or omission of a department 228
officer or employee (see s. 768.28). 229
Section 8. For the purpose of incorporating the amendment 230
made by this act to section 768.28, Florida Statutes, in a 231
reference thereto, section 252.51, Florida Statutes, is 232
reenacted to read: 233
252.51 Liability.—Any person or organization, public or 234
private, owning or controlling real estate or other premises who 235
voluntarily and without compensation, other than payment or 236
reimbursement of costs and expenses, grants a license or 237
privilege or otherwise permits the designation by the local 238
emergency management agency or use of the whole or any part of 239
such real estate or premises for the purpose of sheltering 240
persons during an actual, impending, mock, or practice 241
emergency, together with her or his successor in interest, if 242
any, shall not be liable for the death of, or injury to, any 243
person on or about such real estate or premises during the 244
actual, impending, mock, or practice emergency, or for loss of, 245
or damage to, the property of such person, sol ely by reason or 246
as a result of such license, privilege, designation, or use, 247
unless the gross negligence or the willful and wanton misconduct 248
of such person owning or controlling such real estate or 249
premises or her or his successor in interest is the prox imate 250
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cause of such death, injury, loss, or damage occurring during 251
such sheltering period. Any such person or organization who 252
provides such shelter space for compensation shall be deemed to 253
be an instrumentality of the state or its applicable agency or 254
subdivision for the purposes of s. 768.28. 255
Section 9. For the purpose of incorporating the amendment 256
made by this act to section 768.28, Florida Statutes, in a 257
reference thereto, section 252.89, Florida Statutes, is 258
reenacted to read: 259
252.89 Tort liability.—The commission and the committees 260
shall be state agencies, and the members of the commission and 261
committees shall be officers, employees, or agents of the state 262
for the purposes of s. 768.28. 263
Section 10. For the purpose of incorporating the amen dment 264
made by this act to section 768.28, Florida Statutes, in a 265
reference thereto, section 252.944, Florida Statutes, is 266
reenacted to read: 267
252.944 Tort liability. —The commission and the committees 268
are state agencies, and the members of the commission a nd 269
committees are officers, employees, or agents of the state for 270
the purpose of s. 768.28. 271
Section 11. For the purpose of incorporating the amendment 272
made by this act to section 768.28, Florida Statutes, in a 273
reference thereto, subsection (2) of secti on 260.0125, Florida 274
Statutes, is reenacted to read: 275
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260.0125 Limitation on liability of private landowners 276
whose property is designated as part of the statewide system of 277
greenways and trails. — 278
(2) Any private landowner who consents to designation of 279
his or her land as part of the statewide system of greenways and 280
trails pursuant to s. 260.016(2)(d) without compensation shall 281
be considered a volunteer, as defined in s. 110.501, and shall 282
be covered by state liability protection pursuant to s. 768.28, 283
including s. 768.28(9). 284
Section 12. For the purpose of incorporating the amendment 285
made by this act to section 768.28, Florida Statutes, in a 286
reference thereto, section 284.31, Florida Statutes, is 287
reenacted to read: 288
284.31 Scope and types of coverage s; separate accounts. —289
The Insurance Risk Management Trust Fund must, unless 290
specifically excluded by the Department of Financial Services, 291
cover all departments of the State of Florida and their 292
employees, agents, and volunteers and must provide separate 293
accounts for workers' compensation, general liability, fleet 294
automotive liability, federal civil rights actions under 42 295
U.S.C. s. 1983 or similar federal statutes, state agency 296
firefighter cancer benefits payable under s. 112.1816(2), and 297
court-awarded attorney fees in other proceedings against the 298
state except for such awards in eminent domain or for inverse 299
condemnation or for awards by the Public Employees Relations 300
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Commission. Unless specifically excluded by the Department of 301
Financial Services, the Ins urance Risk Management Trust Fund 302
must provide fleet automotive liability coverage to motor 303
vehicles titled to the state, or to any department of the state, 304
when such motor vehicles are used by community transportation 305
coordinators performing, under contra ct to the appropriate 306
department of the state, services for the transportation 307
disadvantaged under part I of chapter 427. Such fleet automotive 308
liability coverage is primary and is subject to s. 768.28 and 309
parts II and III of chapter 284, and applicable ru les adopted 310
thereunder, and the terms and conditions of the certificate of 311
coverage issued by the Department of Financial Services. 312
Section 13. For the purpose of incorporating the amendment 313
made by this act to section 768.28, Florida Statutes, in a 314
reference thereto, section 284.38, Florida Statutes, is 315
reenacted to read: 316
284.38 Waiver of sovereign immunity; effect. —The insurance 317
programs developed herein shall provide limits as established by 318
the provisions of s. 768.28 if a tort claim. The limits p rovided 319
in s. 768.28 shall not apply to a civil rights action arising 320
under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 321
pending or future claim or judgment arising under any of said 322
statutes may be made upon this act becoming a law, unless t he 323
officer, employee, or agent has been determined in the final 324
judgment to have caused the harm intentionally; however, the 325
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fund is authorized to pay all other court -ordered attorney's 326
fees as provided under s. 284.31. 327
Section 14. For the purpose of i ncorporating the amendment 328
made by this act to section 768.28, Florida Statutes, in a 329
reference thereto, paragraph (b) of subsection (1) of section 330
322.13, Florida Statutes, is reenacted to read: 331
322.13 Driver license examiners. — 332
(1) 333
(b) Those persons serving as driver license examiners are 334
not liable for actions taken within the scope of their 335
employment or designation, except as provided by s. 768.28. 336
Section 15. For the purpose of incorporating the amendment 337
made by this act to section 768.28, F lorida Statutes, in a 338
reference thereto, subsection (1) of section 337.19, Florida 339
Statutes, is reenacted to read: 340
337.19 Suits by and against department; limitation of 341
actions; forum.— 342
(1) Suits at law and in equity may be brought and 343
maintained by and against the department on any contract claim 344
arising from breach of an express provision or an implied 345
covenant of a written agreement or a written directive issued by 346
the department pursuant to the written agreement. In any such 347
suit, the department and the contractor shall have all of the 348
same rights and obligations as a private person under a like 349
contract except that no liability may be based on an oral 350
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modification of either the written contract or written 351
directive. Nothing herein shall be construed to waive the 352
sovereign immunity of the state and its political subdivisions 353
from equitable claims and equitable remedies. Notwithstanding 354
anything to the contrary contained in this section, no employee 355
or agent of the department may be held personally lia ble to an 356
extent greater than that pursuant to s. 768.28 provided that no 357
suit sounding in tort shall be maintained against the 358
department. 359
Section 16. For the purpose of incorporating the amendment 360
made by this act to section 768.28, Florida Statutes, in a 361
reference thereto, subsection (17) of section 341.302, Florida 362
Statutes, is reenacted to read: 363
341.302 Rail program; duties and responsibilities of the 364
department.—The department, in conjunction with other 365
governmental entities, including the rail enterprise and the 366
private sector, shall develop and implement a rail program of 367
statewide application designed to ensure the proper maintenance, 368
safety, revitalization, and expansion of the rail system to 369
assure its continued and increased availability to respond to 370
statewide mobility needs. Within the resources provided pursuant 371
to chapter 216, and as authorized under federal law, the 372
department shall: 373
(17) In conjunction with the acquisition, ownership, 374
construction, operation, maintenance, and managem ent of a rail 375
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corridor, have the authority to: 376
(a) Assume obligations pursuant to the following: 377
1.a. The department may assume the obligation by contract 378
to forever protect, defend, indemnify, and hold harmless the 379
freight rail operator, or its succes sors, from whom the 380
department has acquired a real property interest in the rail 381
corridor, and that freight rail operator's officers, agents, and 382
employees, from and against any liability, cost, and expense, 383
including, but not limited to, commuter rail pas sengers and rail 384
corridor invitees in the rail corridor, regardless of whether 385
the loss, damage, destruction, injury, or death giving rise to 386
any such liability, cost, or expense is caused in whole or in 387
part, and to whatever nature or degree, by the fault , failure, 388
negligence, misconduct, nonfeasance, or misfeasance of such 389
freight rail operator, its successors, or its officers, agents, 390
and employees, or any other person or persons whomsoever; or 391
b. The department may assume the obligation by contract to 392
forever protect, defend, indemnify, and hold harmless National 393
Railroad Passenger Corporation, or its successors, and officers, 394
agents, and employees of National Railroad Passenger 395
Corporation, from and against any liability, cost, and expense, 396
including, but not limited to, commuter rail passengers and rail 397
corridor invitees in the rail corridor, regardless of whether 398
the loss, damage, destruction, injury, or death giving rise to 399
any such liability, cost, or expense is caused in whole or in 400
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part, and to whatever nature or degree, by the fault, failure, 401
negligence, misconduct, nonfeasance, or misfeasance of National 402
Railroad Passenger Corporation, its successors, or its officers, 403
agents, and employees, or any other person or persons 404
whomsoever. 405
2. The assumption of liability of the department by 406
contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 407
1.b. may not in any instance exceed the following parameters of 408
allocation of risk: 409
a. The department may be solely responsible for any loss, 410
injury, or damage to commuter rail passengers, or rail corridor 411
invitees, or trespassers, regardless of circumstances or cause, 412
subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 413
6. 414
b.(I) In the event of a limited covered accident, the 415
authority of the department to protect, defend, and indemnify 416
the freight operator for all liability, cost, and expense, 417
including punitive or exemplary damages, in excess of the 418
deductible or self-insurance retention fund established under 419
paragraph (b) and actually in force at the time of the limited 420
covered accident exists only if the freight operator agrees, 421
with respect to the limited covered accident, to protect, 422
defend, and indemnify the department for the amount of the 423
deductible or self-insurance retention fu nd established under 424
paragraph (b) and actually in force at the time of the limited 425
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covered accident. 426
(II) In the event of a limited covered accident, the 427
authority of the department to protect, defend, and indemnify 428
National Railroad Passenger Corporati on for all liability, cost, 429
and expense, including punitive or exemplary damages, in excess 430
of the deductible or self -insurance retention fund established 431
under paragraph (b) and actually in force at the time of the 432
limited covered accident exists only if National Railroad 433
Passenger Corporation agrees, with respect to the limited 434
covered accident, to protect, defend, and indemnify the 435
department for the amount of the deductible or self -insurance 436
retention fund established under paragraph (b) and actually in 437
force at the time of the limited covered accident. 438
3. When only one train is involved in an incident, the 439
department may be solely responsible for any loss, injury, or 440
damage if the train is a department train or other train 441
pursuant to subparagraph 4., but only if: 442
a. When an incident occurs with only a freight train 443
involved, including incidents with trespassers or at grade 444
crossings, the freight rail operator is solely responsible for 445
any loss, injury, or damage, except for commuter rail passengers 446
and rail corridor invitees; or 447
b. When an incident occurs with only a National Railroad 448
Passenger Corporation train involved, including incidents with 449
trespassers or at grade crossings, National Railroad Passenger 450
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Corporation is solely responsible for an y loss, injury, or 451
damage, except for commuter rail passengers and rail corridor 452
invitees. 453
4. For the purposes of this subsection: 454
a. Any train involved in an incident that is neither the 455
department's train nor the freight rail operator's train, 456
hereinafter referred to in this subsection as an "other train," 457
may be treated as a department train, solely for purposes of any 458
allocation of liability between the department and the freight 459
rail operator only, but only if the department and the freight 460
rail operator share responsibility equally as to third parties 461
outside the rail corridor who incur loss, injury, or damage as a 462
result of any incident involving both a department train and a 463
freight rail operator train, and the allocation as between the 464
department and the freight rail operator, regardless of whether 465
the other train is treated as a department train, shall remain 466
one-half each as to third parties outside the rail corridor who 467
incur loss, injury, or damage as a result of the incident. The 468
involvement of any other train shall not alter the sharing of 469
equal responsibility as to third parties outside the rail 470
corridor who incur loss, injury, or damage as a result of the 471
incident; or 472
b. Any train involved in an incident that is neither the 473
department's train nor the National Railroad Passenger 474
Corporation's train, hereinafter referred to in this subsection 475
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as an "other train," may be treated as a department train, 476
solely for purposes of any allocation of liability between the 477
department and National Rail road Passenger Corporation only, but 478
only if the department and National Railroad Passenger 479
Corporation share responsibility equally as to third parties 480
outside the rail corridor who incur loss, injury, or damage as a 481
result of any incident involving both a department train and a 482
National Railroad Passenger Corporation train, and the 483
allocation as between the department and National Railroad 484
Passenger Corporation, regardless of whether the other train is 485
treated as a department train, shall remain one -half each as to 486
third parties outside the rail corridor who incur loss, injury, 487
or damage as a result of the incident. The involvement of any 488
other train shall not alter the sharing of equal responsibility 489
as to third parties outside the rail corridor who incur loss, 490
injury, or damage as a result of the incident. 491
5. When more than one train is involved in an incident: 492
a.(I) If only a department train and freight rail 493
operator's train, or only an other train as described in sub -494
subparagraph 4.a. and a freight rail operator's train, are 495
involved in an incident, the department may be responsible for 496
its property and all of its people, all commuter rail 497
passengers, and rail corridor invitees, but only if the freight 498
rail operator is responsible for its property a nd all of its 499
people, and the department and the freight rail operator each 500
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share one-half responsibility as to trespassers or third parties 501
outside the rail corridor who incur loss, injury, or damage as a 502
result of the incident; or 503
(II) If only a depart ment train and a National Railroad 504
Passenger Corporation train, or only an other train as described 505
in sub-subparagraph 4.b. and a National Railroad Passenger 506
Corporation train, are involved in an incident, the department 507
may be responsible for its propert y and all of its people, all 508
commuter rail passengers, and rail corridor invitees, but only 509
if National Railroad Passenger Corporation is responsible for 510
its property and all of its people, all National Railroad 511
Passenger Corporation's rail passengers, and the department and 512
National Railroad Passenger Corporation each share one -half 513
responsibility as to trespassers or third parties outside the 514
rail corridor who incur loss, injury, or damage as a result of 515
the incident. 516
b.(I) If a department train, a frei ght rail operator 517
train, and any other train are involved in an incident, the 518
allocation of liability between the department and the freight 519
rail operator, regardless of whether the other train is treated 520
as a department train, shall remain one -half each as to third 521
parties outside the rail corridor who incur loss, injury, or 522
damage as a result of the incident; the involvement of any other 523
train shall not alter the sharing of equal responsibility as to 524
third parties outside the rail corridor who incur loss, injury, 525
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or damage as a result of the incident; and, if the owner, 526
operator, or insurer of the other train makes any payment to 527
injured third parties outside the rail corridor who incur loss, 528
injury, or damage as a result of the incident, the allocation of 529
credit between the department and the freight rail operator as 530
to such payment shall not in any case reduce the freight rail 531
operator's third-party-sharing allocation of one -half under this 532
paragraph to less than one -third of the total third party 533
liability; or 534
(II) If a department train, a National Railroad Passenger 535
Corporation train, and any other train are involved in an 536
incident, the allocation of liability between the department and 537
National Railroad Passenger Corporation, regardless of whether 538
the other train is treated as a department train, shall remain 539
one-half each as to third parties outside the rail corridor who 540
incur loss, injury, or damage as a result of the incident; the 541
involvement of any other train shall not alter the sharing of 542
equal responsibility as to third parties outside the rail 543
corridor who incur loss, injury, or damage as a result of the 544
incident; and, if the owner, operator, or insurer of the other 545
train makes any payment to injured third parties outside the 546
rail corridor who incur loss, injury, or damage as a result of 547
the incident, the allocation of credit between the department 548
and National Railroad Passenger Corporation as to such payment 549
shall not in any case reduce National Railroad Passenger 550
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Corporation's third-party-sharing allocation of one -half under 551
this sub-subparagraph to less than one -third of the total third 552
party liability. 553
6. Any such contractual duty to protect, defend, 554
indemnify, and hold harmless such a freight rail operator or 555
National Railroad Passenger Co rporation shall expressly include 556
a specific cap on the amount of the contractual duty, which 557
amount shall not exceed $200 million without prior legislative 558
approval, and the department to purchase liability insurance and 559
establish a self-insurance retention fund in the amount of the 560
specific cap established under this subparagraph, provided that: 561
a. No such contractual duty shall in any case be effective 562
nor otherwise extend the department's liability in scope and 563
effect beyond the contractual liability insurance and self-564
insurance retention fund required pursuant to this paragraph; 565
and 566
b.(I) The freight rail operator's compensation to the 567
department for future use of the department's rail corridor 568
shall include a monetary contribution to the cost of su ch 569
liability coverage for the sole benefit of the freight rail 570
operator. 571
(II) National Railroad Passenger Corporation's 572
compensation to the department for future use of the 573
department's rail corridor shall include a monetary contribution 574
to the cost of such liability coverage for the sole benefit of 575
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National Railroad Passenger Corporation. 576
(b) Purchase liability insurance, which amount shall not 577
exceed $200 million, and establish a self -insurance retention 578
fund for the purpose of paying the deductible l imit established 579
in the insurance policies it may obtain, including coverage for 580
the department, any freight rail operator as described in 581
paragraph (a), National Railroad Passenger Corporation, commuter 582
rail service providers, governmental entities, or an y ancillary 583
development, which self -insurance retention fund or deductible 584
shall not exceed $10 million. The insureds shall pay a 585
reasonable monetary contribution to the cost of such liability 586
coverage for the sole benefit of the insured. Such insurance an d 587
self-insurance retention fund may provide coverage for all 588
damages, including, but not limited to, compensatory, special, 589
and exemplary, and be maintained to provide an adequate fund to 590
cover claims and liabilities for loss, injury, or damage arising 591
out of or connected with the ownership, operation, maintenance, 592
and management of a rail corridor. 593
(c) Incur expenses for the purchase of advertisements, 594
marketing, and promotional items. 595
(d) Without altering any of the rights granted to the 596
department under this section, agree to assume the obligations 597
to indemnify and insure, pursuant to s. 343.545, freight rail 598
service, intercity passenger rail service, and commuter rail 599
service on a department -owned rail corridor, whether ownership 600
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is in fee or by ease ment, or on a rail corridor where the 601
department has the right to operate. 602
603
Neither the assumption by contract to protect, defend, 604
indemnify, and hold harmless; the purchase of insurance; nor the 605
establishment of a self -insurance retention fund shall be de emed 606
to be a waiver of any defense of sovereign immunity for torts 607
nor deemed to increase the limits of the department's or the 608
governmental entity's liability for torts as provided in s. 609
768.28. The requirements of s. 287.022(1) shall not apply to the 610
purchase of any insurance under this subsection. The provisions 611
of this subsection shall apply and inure fully as to any other 612
governmental entity providing commuter rail service and 613
constructing, operating, maintaining, or managing a rail 614
corridor on publicly owned right-of-way under contract by the 615
governmental entity with the department or a governmental entity 616
designated by the department. Notwithstanding any law to the 617
contrary, procurement for the construction, operation, 618
maintenance, and management of a ny rail corridor described in 619
this subsection, whether by the department, a governmental 620
entity under contract with the department, or a governmental 621
entity designated by the department, shall be pursuant to s. 622
287.057 and shall include, but not be limited to, criteria for 623
the consideration of qualifications, technical aspects of the 624
proposal, and price. Further, any such contract for design -build 625
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shall be procured pursuant to the criteria in s. 337.11(7). 626
Section 17. For the purpose of incorporating th e amendment 627
made by this act to section 768.28, Florida Statutes, in a 628
reference thereto, subsection (6) of section 373.1395, Florida 629
Statutes, is reenacted to read: 630
373.1395 Limitation on liability of water management 631
district with respect to areas made available to the public for 632
recreational purposes without charge. — 633
(6) This section does not relieve any water management 634
district of any liability that would otherwise exist for gross 635
negligence or a deliberate, willful, or malicious injury to a 636
person or property. This section does not create or increase the 637
liability of any water management district or person beyond that 638
which is authorized by s. 768.28. 639
Section 18. For the purpose of incorporating the amendment 640
made by this act to section 768.28, Florida Statutes, in a 641
reference thereto, paragraph (a) of subsection (3) of section 642
375.251, Florida Statutes, is reenacted to read: 643
375.251 Limitation on liability of persons making 644
available to public certain areas for recreational purposes 645
without charge.— 646
(3)(a) An owner of an area who enters into a written 647
agreement concerning the area with a state agency for outdoor 648
recreational purposes, where such agreement recognizes that the 649
state agency is responsible for personal injury, loss, or damage 650
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resulting in whole or in part from the state agency's use of the 651
area under the terms of the agreement subject to the limitations 652
and conditions specified in s. 768.28, owes no duty of care to 653
keep the area safe for entry or use by others, or to give 654
warning to persons entering or going on the area of any 655
hazardous conditions, structures, or activities thereon. An 656
owner who enters into a written agreement concerning the area 657
with a state agency for outdoor recreational purposes: 658
1. Is not presumed to extend any assurance that the area 659
is safe for any purpose; 660
2. Does not incur any duty of care toward a person who 661
goes on the area that is subject to the agreement; or 662
3. Is not liable or responsible for any injury to persons 663
or property caused by the act o r omission of a person who goes 664
on the area that is subject to the agreement. 665
Section 19. For the purpose of incorporating the amendment 666
made by this act to section 768.28, Florida Statutes, in a 667
reference thereto, subsection (9) of section 381.0056, Florida 668
Statutes, is reenacted to read: 669
381.0056 School health services program. — 670
(9) Any health care entity that provides school health 671
services under contract with the department pursuant to a school 672
health services plan developed under this section, and as part 673
of a school nurse services public -private partnership, is deemed 674
to be a corporation acting primarily as an instrumentality of 675
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the state solely for the purpose of limiting liability pursuant 676
to s. 768.28(5). The limitations on tort actions con tained in s. 677
768.28(5) shall apply to any action against the entity with 678
respect to the provision of school health services, if the 679
entity is acting within the scope of and pursuant to guidelines 680
established in the contract or by rule of the department. Th e 681
contract must require the entity, or the partnership on behalf 682
of the entity, to obtain general liability insurance coverage, 683
with any additional endorsement necessary to insure the entity 684
for liability assumed by its contract with the department. The 685
Legislature intends that insurance be purchased by entities, or 686
by partnerships on behalf of the entity, to cover all liability 687
claims, and under no circumstances shall the state or the 688
department be responsible for payment of any claims or defense 689
costs for claims brought against the entity or its subcontractor 690
for services performed under the contract with the department. 691
This subsection does not preclude consideration by the 692
Legislature for payment by the state of any claims bill 693
involving an entity contra cting with the department pursuant to 694
this section. 695
Section 20. For the purpose of incorporating the amendment 696
made by this act to section 768.28, Florida Statutes, in a 697
reference thereto, subsection (3) of section 393.075, Florida 698
Statutes, is reenact ed to read: 699
393.075 General liability coverage. — 700
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(3) This section shall not be construed as designating or 701
not designating that a person who owns or operates a foster care 702
facility or group home facility as described in this section or 703
any other person is an employee or agent of the state. Nothing 704
in this section amends, expands, or supersedes the provisions of 705
s. 768.28. 706
Section 21. For the purpose of incorporating the amendment 707
made by this act to section 768.28, Florida Statutes, in a 708
reference thereto, paragraph (g) of subsection (10) of section 709
395.1055, Florida Statutes, is reenacted to read: 710
395.1055 Rules and enforcement. — 711
(10) The agency shall establish a pediatric cardiac 712
technical advisory panel, pursuant to s. 20.052, to develop 713
procedures and standards for measuring outcomes of pediatric 714
cardiac catheterization programs and pediatric cardiovascular 715
surgery programs. 716
(g) Panel members are agents of the state for purposes of 717
s. 768.28 throughout the good faith performance of the dutie s 718
assigned to them by the Secretary of Health Care Administration. 719
Section 22. For the purpose of incorporating the amendment 720
made by this act to section 768.28, Florida Statutes, in a 721
reference thereto, paragraph (c) of subsection (17) of section 722
403.706, Florida Statutes, is reenacted to read: 723
403.706 Local government solid waste responsibilities. — 724
(17) To effect the purposes of this part, counties and 725
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municipalities are authorized, in addition to other powers 726
granted pursuant to this part: 727
(c) To waive sovereign immunity and immunity from suit in 728
federal court by vote of the governing body of the county or 729
municipality to the extent necessary to carry out the authority 730
granted in paragraphs (a) and (b), notwithstanding the 731
limitations prescribed in s. 768.28. 732
Section 23. For the purpose of incorporating the amendment 733
made by this act to section 768.28, Florida Statutes, in a 734
reference thereto, subsection (1), paragraph (a) of subsection 735
(2), and paragraph (a) of subsection (3) of section 409. 993, 736
Florida Statutes, are reenacted to read: 737
409.993 Lead agencies and subcontractor liability. — 738
(1) FINDINGS.— 739
(a) The Legislature finds that the state has traditionally 740
provided foster care services to children who are the 741
responsibility of the st ate. As such, foster children have not 742
had the right to recover for injuries beyond the limitations 743
specified in s. 768.28. The Legislature has determined that 744
foster care and related services should be outsourced pursuant 745
to this section and that the prov ision of such services is of 746
paramount importance to the state. The purpose of such 747
outsourcing is to increase the level of safety, security, and 748
stability of children who are or become the responsibility of 749
the state. One of the components necessary to se cure a safe and 750
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stable environment for such children is the requirement that 751
private providers maintain liability insurance. As such, 752
insurance needs to be available and remain available to 753
nongovernmental foster care and related services providers 754
without the resources of such providers being significantly 755
reduced by the cost of maintaining such insurance. 756
(b) The Legislature further finds that, by requiring the 757
following minimum levels of insurance, children in outsourced 758
foster care and related service s will gain increased protection 759
and rights of recovery in the event of injury than currently 760
provided in s. 768.28. 761
(2) LEAD AGENCY LIABILITY. — 762
(a) Other than an entity to which s. 768.28 applies, an 763
eligible community-based care lead agency, or its e mployees or 764
officers, except as otherwise provided in paragraph (b), shall, 765
as a part of its contract, obtain a minimum of $1 million per 766
occurrence with a policy period aggregate limit of $3 million in 767
general liability insurance coverage. The lead agency must also 768
require that staff who transport client children and families in 769
their personal automobiles in order to carry out their job 770
responsibilities obtain minimum bodily injury liability 771
insurance in the amount of $100,000 per person per any one 772
automobile accident, and subject to such limits for each person, 773
$300,000 for all damages resulting from any one automobile 774
accident, on their personal automobiles. In lieu of personal 775
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motor vehicle insurance, the lead agency's casualty, liability, 776
or motor vehicle insurance carrier may provide nonowned 777
automobile liability coverage. This insurance provides liability 778
insurance for an automobile that the lead agency uses in 779
connection with the lead agency's business but does not own, 780
lease, rent, or borrow. This c overage includes an automobile 781
owned by an employee of the lead agency or a member of the 782
employee's household but only while the automobile is used in 783
connection with the lead agency's business. The nonowned 784
automobile coverage for the lead agency applies as excess 785
coverage over any other collectible insurance. The personal 786
automobile policy for the employee of the lead agency shall be 787
primary insurance, and the nonowned automobile coverage of the 788
lead agency acts as excess insurance to the primary insuran ce. 789
The lead agency shall provide a minimum limit of $1 million in 790
nonowned automobile coverage. In a tort action brought against 791
such a lead agency or employee, net economic damages shall be 792
limited to $2 million per liability claim and $200,000 per 793
automobile claim, including, but not limited to, past and future 794
medical expenses, wage loss, and loss of earning capacity, 795
offset by any collateral source payment paid or payable. In any 796
tort action brought against a lead agency, noneconomic damages 797
shall be limited to $400,000 per claim. A claims bill may be 798
brought on behalf of a claimant pursuant to s. 768.28 for any 799
amount exceeding the limits specified in this paragraph. Any 800
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offset of collateral source payments made as of the date of the 801
settlement or judgment shall be in accordance with s. 768.76. 802
The lead agency is not liable in tort for the acts or omissions 803
of its subcontractors or the officers, agents, or employees of 804
its subcontractors. 805
(3) SUBCONTRACTOR LIABILITY. — 806
(a) A subcontractor of an eligi ble community-based care 807
lead agency that is a direct provider of foster care and related 808
services to children and families, and its employees or 809
officers, except as otherwise provided in paragraph (b), must, 810
as a part of its contract, obtain a minimum of $1 million per 811
occurrence with a policy period aggregate limit of $3 million in 812
general liability insurance coverage. The subcontractor of a 813
lead agency must also require that staff who transport client 814
children and families in their personal automobiles i n order to 815
carry out their job responsibilities obtain minimum bodily 816
injury liability insurance in the amount of $100,000 per person 817
in any one automobile accident, and subject to such limits for 818
each person, $300,000 for all damages resulting from any on e 819
automobile accident, on their personal automobiles. In lieu of 820
personal motor vehicle insurance, the subcontractor's casualty, 821
liability, or motor vehicle insurance carrier may provide 822
nonowned automobile liability coverage. This insurance provides 823
liability insurance for automobiles that the subcontractor uses 824
in connection with the subcontractor's business but does not 825
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own, lease, rent, or borrow. This coverage includes automobiles 826
owned by the employees of the subcontractor or a member of the 827
employee's household but only while the automobiles are used in 828
connection with the subcontractor's business. The nonowned 829
automobile coverage for the subcontractor applies as excess 830
coverage over any other collectible insurance. The personal 831
automobile policy for the employee of the subcontractor shall be 832
primary insurance, and the nonowned automobile coverage of the 833
subcontractor acts as excess insurance to the primary insurance. 834
The subcontractor shall provide a minimum limit of $1 million in 835
nonowned automobile coverage. In a tort action brought against 836
such subcontractor or employee, net economic damages shall be 837
limited to $2 million per liability claim and $200,000 per 838
automobile claim, including, but not limited to, past and future 839
medical expenses, wage loss , and loss of earning capacity, 840
offset by any collateral source payment paid or payable. In a 841
tort action brought against such subcontractor, noneconomic 842
damages shall be limited to $400,000 per claim. A claims bill 843
may be brought on behalf of a claimant p ursuant to s. 768.28 for 844
any amount exceeding the limits specified in this paragraph. Any 845
offset of collateral source payments made as of the date of the 846
settlement or judgment shall be in accordance with s. 768.76. 847
Section 24. For the purpose of incor porating the amendment 848
made by this act to section 768.28, Florida Statutes, in a 849
reference thereto, subsection (3) of section 455.221, Florida 850
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Statutes, is reenacted to read: 851
455.221 Legal and investigative services. — 852
(3) Any person retained by the de partment under contract 853
to review materials, make site visits, or provide expert 854
testimony regarding any complaint or application filed with the 855
department relating to a profession under the jurisdiction of 856
the department shall be considered an agent of th e department in 857
determining the state insurance coverage and sovereign immunity 858
protection applicability of ss. 284.31 and 768.28. 859
Section 25. For the purpose of incorporating the amendment 860
made by this act to section 768.28, Florida Statutes, in a 861
reference thereto, subsection (5) of section 455.32, Florida 862
Statutes, is reenacted to read: 863
455.32 Management Privatization Act. — 864
(5) Any such corporation may hire staff as necessary to 865
carry out its functions. Such staff are not public employees for 866
the purposes of chapter 110 or chapter 112, except that the 867
board of directors and the employees of the corporation are 868
subject to the provisions of s. 112.061 and part III of chapter 869
112. The provisions of s. 768.28 apply to each such corporation, 870
which is deemed to be a corporation primarily acting as an 871
instrumentality of the state but which is not an agency within 872
the meaning of s. 20.03(11). 873
Section 26. For the purpose of incorporating the amendment 874
made by this act to section 768.28, Florida Statutes, in a 875
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reference thereto, subsection (3) of section 456.009, Florida 876
Statutes, is reenacted to read: 877
456.009 Legal and investigative services. — 878
(3) Any person retained by the department under contract 879
to review materials, make site visits, or provide expert 880
testimony regarding any complaint or application filed with the 881
department relating to a profession under the jurisdiction of 882
the department shall be considered an agent of the department in 883
determining the state insurance coverage and sovereign immunity 884
protection applicability of ss. 284.31 and 768.28. 885
Section 27. For the purpose of incorporating the amendment 886
made by this act to secti on 768.28, Florida Statutes, in a 887
reference thereto, paragraph (a) of subsection (15) of section 888
456.076, Florida Statutes, is reenacted to read: 889
456.076 Impaired practitioner programs. — 890
(15)(a) A consultant retained pursuant to this section and 891
a consultant's directors, officers, employees, or agents shall 892
be considered agents of the department for purposes of s. 768.28 893
while acting within the scope of the consultant's duties under 894
the contract with the department. 895
Section 28. For the purpose of in corporating the amendment 896
made by this act to section 768.28, Florida Statutes, in a 897
reference thereto, subsection (3) of section 471.038, Florida 898
Statutes, is reenacted to read: 899
471.038 Florida Engineers Management Corporation. — 900
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(3) The Florida Engine ers Management Corporation is 901
created to provide administrative, investigative, and 902
prosecutorial services to the board in accordance with the 903
provisions of chapter 455 and this chapter. The management 904
corporation may hire staff as necessary to carry out i ts 905
functions. Such staff are not public employees for the purposes 906
of chapter 110 or chapter 112, except that the board of 907
directors and the staff are subject to the provisions of s. 908
112.061. The provisions of s. 768.28 apply to the management 909
corporation, which is deemed to be a corporation primarily 910
acting as an instrumentality of the state, but which is not an 911
agency within the meaning of s. 20.03(11). The management 912
corporation shall: 913
(a) Be a Florida corporation not for profit, incorporated 914
under the provisions of chapter 617. 915
(b) Provide administrative, investigative, and 916
prosecutorial services to the board in accordance with the 917
provisions of chapter 455, this chapter, and the contract 918
required by this section. 919
(c) Receive, hold, and administer property and make only 920
prudent expenditures directly related to the responsibilities of 921
the board, and in accordance with the contract required by this 922
section. 923
(d) Be approved by the board, and the department, to 924
operate for the benefit of the board and in the best interest of 925
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the state. 926
(e) Operate under a fiscal year that begins on July 1 of 927
each year and ends on June 30 of the following year. 928
(f) Have a seven-member board of directors, five of whom 929
are to be appointed by the board and must be regi strants 930
regulated by the board and two of whom are to be appointed by 931
the secretary and must be laypersons not regulated by the board. 932
All appointments shall be for 4 -year terms. No member shall 933
serve more than two consecutive terms. Failure to attend thre e 934
consecutive meetings shall be deemed a resignation from the 935
board, and the vacancy shall be filled by a new appointment. 936
(g) Select its officers in accordance with its bylaws. The 937
members of the board of directors who were appointed by the 938
board may be removed by the board. 939
(h) Select the president of the management corporation, 940
who shall also serve as executive director to the board, subject 941
to approval of the board. 942
(i) Use a portion of the interest derived from the 943
management corporation account to offset the costs associated 944
with the use of credit cards for payment of fees by applicants 945
or licensees. 946
(j) Operate under a written contract with the department 947
which is approved by the board. The contract must provide for, 948
but is not limited to: 949
1. Submission by the management corporation of an annual 950
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budget that complies with board rules for approval by the board 951
and the department. 952
2. Annual certification by the board and the department 953
that the management corporation is complying with the term s of 954
the contract in a manner consistent with the goals and purposes 955
of the board and in the best interest of the state. This 956
certification must be reported in the board's minutes. The 957
contract must also provide for methods and mechanisms to resolve 958
any situation in which the certification process determines 959
noncompliance. 960
3. Funding of the management corporation through 961
appropriations allocated to the regulation of professional 962
engineers from the Professional Regulation Trust Fund. 963
4. The reversion to the board, or the state if the board 964
ceases to exist, of moneys, records, data, and property held in 965
trust by the management corporation for the benefit of the 966
board, if the management corporation is no longer approved to 967
operate for the board or the board ceases to exist. All records 968
and data in a computerized database shall be returned to the 969
department in a form that is compatible with the computerized 970
database of the department. 971
5. The securing and maintaining by the management 972
corporation, during the term of the contract and for all acts 973
performed during the term of the contract, of all liability 974
insurance coverages in an amount to be approved by the board to 975
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defend, indemnify, and hold harmless the management corporation 976
and its officers and employee s, the department and its 977
employees, and the state against all claims arising from state 978
and federal laws. Such insurance coverage must be with insurers 979
qualified and doing business in the state. The management 980
corporation must provide proof of insurance t o the department. 981
The department and its employees and the state are exempt from 982
and are not liable for any sum of money which represents a 983
deductible, which sums shall be the sole responsibility of the 984
management corporation. Violation of this subparagrap h shall be 985
grounds for terminating the contract. 986
6. Payment by the management corporation, out of its 987
allocated budget, to the department of all costs of 988
representation by the board counsel, including salary and 989
benefits, travel, and any other compensati on traditionally paid 990
by the department to other board counsel. 991
7. Payment by the management corporation, out of its 992
allocated budget, to the department of all costs incurred by the 993
management corporation or the board for the Division of 994
Administrative Hearings of the Department of Management Services 995
and any other cost for utilization of these state services. 996
8. Payment by the management corporation, out of its 997
allocated budget, to the department of reasonable costs 998
associated with the contract monitor . 999
(k) Provide for an annual financial audit of its financial 1000
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accounts and records by an independent certified public 1001
accountant. The annual audit report shall include a management 1002
letter in accordance with s. 11.45 and a detailed supplemental 1003
schedule of expenditures for each expenditure category. The 1004
annual audit report must be submitted to the board, the 1005
department, and the Auditor General for review. 1006
(l) Provide for persons not employed by the corporation 1007
who are charged with the responsibility of re ceiving and 1008
depositing fee and fine revenues to have a faithful performance 1009
bond in such an amount and according to such terms as shall be 1010
determined in the contract. 1011
(m) Submit to the secretary, the board, and the 1012
Legislature, on or before October 1 of each year, a report on 1013
the status of the corporation which includes, but is not limited 1014
to, information concerning the programs and funds that have been 1015
transferred to the corporation. The report must include: the 1016
number of license applications received; t he number approved and 1017
denied and the number of licenses issued; the number of 1018
examinations administered and the number of applicants who 1019
passed or failed the examination; the number of complaints 1020
received; the number determined to be legally sufficient; t he 1021
number dismissed; the number determined to have probable cause; 1022
the number of administrative complaints issued and the status of 1023
the complaints; and the number and nature of disciplinary 1024
actions taken by the board. 1025
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(n) Develop and submit to the depart ment, performance 1026
standards and measurable outcomes for the board to adopt by rule 1027
in order to facilitate efficient and cost -effective regulation. 1028
Section 29. For the purpose of incorporating the amendment 1029
made by this act to section 768.28, Florida St atutes, in a 1030
reference thereto, paragraph (b) of subsection (11) of section 1031
472.006, Florida Statutes, is reenacted to read: 1032
472.006 Department; powers and duties. —The department 1033
shall: 1034
(11) Provide legal counsel for the board by contracting 1035
with the Department of Legal Affairs, by retaining private 1036
counsel pursuant to s. 287.059, or by providing department staff 1037
counsel. The board shall periodically review and evaluate the 1038
services provided by its board counsel. Fees and costs of such 1039
counsel shall be paid from the General Inspection Trust Fund, 1040
subject to ss. 215.37 and 472.011. All contracts for independent 1041
legal counsel must provide for periodic review and evaluation by 1042
the board and the department of services provided. 1043
(b) Any person retained by t he department under contract 1044
to review materials, make site visits, or provide expert 1045
testimony regarding any complaint or application filed with the 1046
department relating to the practice of surveying and mapping 1047
shall be considered an agent of the departmen t in determining 1048
the state insurance coverage and sovereign immunity protection 1049
applicability of ss. 284.31 and 768.28. 1050
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Section 30. For the purpose of incorporating the amendment 1051
made by this act to section 768.28, Florida Statutes, in a 1052
reference thereto, subsection (7) of section 497.167, Florida 1053
Statutes, is reenacted to read: 1054
497.167 Administrative matters. — 1055
(7) Any person retained by the department under contract 1056
to review materials, make site visits, or provide expert 1057
testimony regarding any c omplaint or application filed with the 1058
department, relating to regulation under this chapter, shall be 1059
considered an agent of the department in determining the state 1060
insurance coverage and sovereign immunity protection 1061
applicability of ss. 284.31 and 768.2 8. 1062
Section 31. For the purpose of incorporating the amendment 1063
made by this act to section 768.28, Florida Statutes, in a 1064
reference thereto, subsection (2) of section 513.118, Florida 1065
Statutes, is reenacted to read: 1066
513.118 Conduct on premises; refusa l of service.— 1067
(2) The operator of a recreational vehicle park may 1068
request that a transient guest or visitor who violates 1069
subsection (1) leave the premises immediately. A person who 1070
refuses to leave the premises commits the offense of trespass as 1071
provided in s. 810.08, and the operator may call a law 1072
enforcement officer to have the person and his or her property 1073
removed under the supervision of the officer. A law enforcement 1074
officer is not liable for any claim involving the removal of the 1075
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person or property from the recreational vehicle park under this 1076
section, except as provided in s. 768.28. If conditions do not 1077
allow for immediate removal of the person's property, he or she 1078
may arrange a reasonable time, not to exceed 48 hours, with the 1079
operator to come remove the property, accompanied by a law 1080
enforcement officer. 1081
Section 32. For the purpose of incorporating the amendment 1082
made by this act to section 768.28, Florida Statutes, in a 1083
reference thereto, subsection (1) of section 548.046, Florida 1084
Statutes, is reenacted to read: 1085
548.046 Physician's attendance at match; examinations; 1086
cancellation of match. — 1087
(1) The commission, or the commission representative, 1088
shall assign to each match at least one physician who shall 1089
observe the physical condition of t he participants and advise 1090
the commissioner or commission representative in charge and the 1091
referee of the participants' conditions before, during, and 1092
after the match. The commission shall establish a schedule of 1093
fees for the physician's services. The phys ician's fee shall be 1094
paid by the promoter of the match attended by the physician. The 1095
physician shall be considered an agent of the commission in 1096
determining the state insurance coverage and sovereign immunity 1097
protection applicability of ss. 284.31 and 768 .28. 1098
Section 33. For the purpose of incorporating the amendment 1099
made by this act to section 768.28, Florida Statutes, in a 1100
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reference thereto, subsection (8) of section 556.106, Florida 1101
Statutes, is reenacted to read: 1102
556.106 Liability of the member o perator, excavator, and 1103
system.— 1104
(8) Any liability of the state, its agencies, or its 1105
subdivisions which arises out of this chapter is subject to the 1106
provisions of s. 768.28. 1107
Section 34. For the purpose of incorporating the amendment 1108
made by this act to section 768.28, Florida Statutes, in a 1109
reference thereto, paragraph (e) of subsection (4) of section 1110
589.19, Florida Statutes, is reenacted to read: 1111
589.19 Creation of certain state forests; naming of 1112
certain state forests; Operation Outdoor Freedom Program.— 1113
(4) 1114
(e)1. A private landowner who provides land for 1115
designation and use as an Operation Outdoor Freedom Program 1116
hunting site shall have limited liability pursuant to s. 1117
375.251. 1118
2. A private landowner who consents to the designation and 1119
use of land as part of the Operation Outdoor Freedom Program 1120
without compensation shall be considered a volunteer, as defined 1121
in s. 110.501, and shall be covered by state liability 1122
protection pursuant to s. 768.28, including s. 768.28(9). 1123
3. This subsection does not: 1124
a. Relieve any person of liability that would otherwise 1125
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exist for deliberate, willful, or malicious injury to persons or 1126
property. 1127
b. Create or increase the liability of any person. 1128
Section 35. For the purpose of incorporating the amendme nt 1129
made by this act to section 768.28, Florida Statutes, in a 1130
reference thereto, paragraph (c) of subsection (2) of section 1131
723.0611, Florida Statutes, is reenacted to read: 1132
723.0611 Florida Mobile Home Relocation Corporation. — 1133
(2) 1134
(c) The corporation shall, for purposes of s. 768.28, be 1135
considered an agency of the state. Agents or employees of the 1136
corporation, members of the board of directors of the 1137
corporation, or representatives of the Division of Florida 1138
Condominiums, Timeshares, and Mobile Homes shall be considered 1139
officers, employees, or agents of the state, and actions against 1140
them and the corporation shall be governed by s. 768.28. 1141
Section 36. For the purpose of incorporating the amendment 1142
made by this act to section 768.28, Florida Statutes, in a 1143
reference thereto, subsection (5) of section 760.11, Florida 1144
Statutes, is reenacted to read: 1145
760.11 Administrative and civil remedies; construction. — 1146
(5) In any civil action brought under this section, the 1147
court may issue an order prohib iting the discriminatory practice 1148
and providing affirmative relief from the effects of the 1149
practice, including back pay. The court may also award 1150
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compensatory damages, including, but not limited to, damages for 1151
mental anguish, loss of dignity, and any othe r intangible 1152
injuries, and punitive damages. The provisions of ss. 768.72 and 1153
768.73 do not apply to this section. The judgment for the total 1154
amount of punitive damages awarded under this section to an 1155
aggrieved person shall not exceed $100,000. In any act ion or 1156
proceeding under this subsection, the court, in its discretion, 1157
may allow the prevailing party a reasonable attorney's fee as 1158
part of the costs. It is the intent of the Legislature that this 1159
provision for attorney's fees be interpreted in a manner 1160
consistent with federal case law involving a Title VII action. 1161
The right to trial by jury is preserved in any such private 1162
right of action in which the aggrieved person is seeking 1163
compensatory or punitive damages, and any party may demand a 1164
trial by jury. The commission's determination of reasonable 1165
cause is not admissible into evidence in any civil proceeding, 1166
including any hearing or trial, except to establish for the 1167
court the right to maintain the private right of action. A civil 1168
action brought under thi s section shall be commenced no later 1169
than 1 year after the date of determination of reasonable cause 1170
by the commission. The commencement of such action shall divest 1171
the commission of jurisdiction of the complaint, except that the 1172
commission may intervene in the civil action as a matter of 1173
right. Notwithstanding the above, the state and its agencies and 1174
subdivisions shall not be liable for punitive damages. The total 1175
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amount of recovery against the state and its agencies and 1176
subdivisions shall not exceed the limitation as set forth in s. 1177
768.28(5). 1178
Section 37. For the purpose of incorporating the amendment 1179
made by this act to section 768.28, Florida Statutes, in a 1180
reference thereto, subsection (5) of section 766.1115, Florida 1181
Statutes, is reenacted to rea d: 1182
766.1115 Health care providers; creation of agency 1183
relationship with governmental contractors. — 1184
(5) NOTICE OF AGENCY RELATIONSHIP. —The governmental 1185
contractor must provide written notice to each patient, or the 1186
patient's legal representative, receip t of which must be 1187
acknowledged in writing, that the provider is an agent of the 1188
governmental contractor and that the exclusive remedy for injury 1189
or damage suffered as the result of any act or omission of the 1190
provider or of any employee or agent thereof ac ting within the 1191
scope of duties pursuant to the contract is by commencement of 1192
an action pursuant to the provisions of s. 768.28. With respect 1193
to any federally funded community health center, the notice 1194
requirements may be met by posting in a place conspic uous to all 1195
persons a notice that the federally funded community health 1196
center is an agent of the governmental contractor and that the 1197
exclusive remedy for injury or damage suffered as the result of 1198
any act or omission of the provider or of any employee or agent 1199
thereof acting within the scope of duties pursuant to the 1200
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contract is by commencement of an action pursuant to the 1201
provisions of s. 768.28. 1202
Section 38. For the purpose of incorporating the amendment 1203
made by this act to section 768.28, Florida St atutes, in a 1204
reference thereto, subsection (2) of section 766.112, Florida 1205
Statutes, is reenacted to read: 1206
766.112 Comparative fault. — 1207
(2) In an action for damages for personal injury or 1208
wrongful death arising out of medical negligence, whether in 1209
contract or tort, when an apportionment of damages pursuant to 1210
s. 768.81 is attributed to a board of trustees of a state 1211
university, the court shall enter judgment against the board of 1212
trustees on the basis of the board's percentage of fault and not 1213
on the basis of the doctrine of joint and several liability. The 1214
sole remedy available to a claimant to collect a judgment or 1215
settlement against a board of trustees, subject to the 1216
provisions of this subsection, shall be pursuant to s. 768.28. 1217
Section 39. For the purpose of incorporating the amendment 1218
made by this act to section 768.28, Florida Statutes, in a 1219
reference thereto, subsection (3) of section 768.1355, Florida 1220
Statutes, is reenacted to read: 1221
768.1355 Florida Volunteer Protection Act. — 1222
(3) Members of elected or appointed boards, councils, and 1223
commissions of the state, counties, municipalities, authorities, 1224
and special districts shall incur no civil liability and shall 1225
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have immunity from suit as provided in s. 768.28 for acts or 1226
omissions by members r elating to members' conduct of their 1227
official duties. It is the intent of the Legislature to 1228
encourage our best and brightest people to serve on elected and 1229
appointed boards, councils, and commissions. 1230
Section 40. For the purpose of incorporating the a mendment 1231
made by this act to section 768.28, Florida Statutes, in a 1232
reference thereto, subsection (4) of section 768.295, Florida 1233
Statutes, is reenacted to read: 1234
768.295 Strategic Lawsuits Against Public Participation 1235
(SLAPP) prohibited.— 1236
(4) A person or entity sued by a governmental entity or 1237
another person in violation of this section has a right to an 1238
expeditious resolution of a claim that the suit is in violation 1239
of this section. A person or entity may move the court for an 1240
order dismissing the acti on or granting final judgment in favor 1241
of that person or entity. The person or entity may file a motion 1242
for summary judgment, together with supplemental affidavits, 1243
seeking a determination that the claimant's or governmental 1244
entity's lawsuit has been broug ht in violation of this section. 1245
The claimant or governmental entity shall thereafter file a 1246
response and any supplemental affidavits. As soon as 1247
practicable, the court shall set a hearing on the motion, which 1248
shall be held at the earliest possible time af ter the filing of 1249
the claimant's or governmental entity's response. The court may 1250
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award, subject to the limitations in s. 768.28, the party sued 1251
by a governmental entity actual damages arising from a 1252
governmental entity's violation of this section. The cou rt shall 1253
award the prevailing party reasonable attorney fees and costs 1254
incurred in connection with a claim that an action was filed in 1255
violation of this section. 1256
Section 41. For the purpose of incorporating the amendment 1257
made by this act to section 768 .28, Florida Statutes, in a 1258
reference thereto, subsection (2) of section 944.713, Florida 1259
Statutes, is reenacted to read: 1260
944.713 Insurance against liability. — 1261
(2) The contract shall provide for indemnification of the 1262
state by the private vendor for an y liabilities incurred up to 1263
the limits provided under s. 768.28(5). The contract shall 1264
provide that the private vendor, or the insurer of the private 1265
vendor, is liable to pay any claim or judgment for any one 1266
person which does not exceed the sum of $100,0 00 or any claim or 1267
judgment, or portions thereof, which, when totaled with all 1268
other claims or judgments arising out of the same incident or 1269
occurrence, does not exceed the sum of $200,000. In addition, 1270
the contractor must agree to defend, hold harmless, a nd 1271
indemnify the department against any and all actions, claims, 1272
damages and losses, including costs and attorney's fees. 1273
Section 42. For the purpose of incorporating the amendment 1274
made by this act to section 768.28, Florida Statutes, in a 1275
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reference thereto, section 946.5026, Florida Statutes, is 1276
reenacted to read: 1277
946.5026 Sovereign immunity in tort actions. —The 1278
provisions of s. 768.28 shall be applicable to the corporation 1279
established under this part, which is deemed to be a corporation 1280
primarily acting as an instrumentality of the state. 1281
Section 43. For the purpose of incorporating the amendment 1282
made by this act to section 768.28, Florida Statutes, in a 1283
reference thereto, subsection (3) of section 946.514, Florida 1284
Statutes, is reenacted to read: 1285
946.514 Civil rights of inmates; inmates not state 1286
employees; liability of corporation for inmate injuries. — 1287
(3) The corporation is liable for inmate injury to the 1288
extent specified in s. 768.28; however, the members of the board 1289
of directors are not i ndividually liable to any inmate for any 1290
injury sustained in any correctional work program operated by 1291
the corporation. 1292
Section 44. For the purpose of incorporating the amendment 1293
made by this act to section 768.28, Florida Statutes, in a 1294
reference thereto, subsections (5), (6), and (7) of section 1295
961.06, Florida Statutes, are reenacted to read: 1296
961.06 Compensation for wrongful incarceration. — 1297
(5) Before the department approves the application for 1298
compensation, the wrongfully incarcerated person must sign a 1299
release and waiver on behalf of the wrongfully incarcerated 1300
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person and his or her heirs, successors, and assigns, forever 1301
releasing the state or any agency, instrumentality, or any 1302
political subdivision thereof, or any other entity subject to s. 1303
768.28, from all present or future claims that the wrongfully 1304
incarcerated person or his or her heirs, successors, or assigns 1305
may have against such entities arising out of the facts in 1306
connection with the wrongful conviction for which compensation 1307
is being sought under the act. 1308
(6)(a) A wrongfully incarcerated person may not submit an 1309
application for compensation under this act if the person has a 1310
lawsuit pending against the state or any agency, 1311
instrumentality, or any political subdivision thereof, or any 1312
other entity subject to the provisions of s. 768.28, in state or 1313
federal court requesting compensation arising out of the facts 1314
in connection with the claimant's conviction and incarceration. 1315
(b) A wrongfully incarcerated person may not submit an 1316
application for compensation under this act if the person is the 1317
subject of a claim bill pending for claims arising out of the 1318
facts in connection with the claimant's conviction and 1319
incarceration. 1320
(c) Once an application is filed under this act, a 1321
wrongfully incarcerated person may not pursue recovery under a 1322
claim bill until the final disposition of the application. 1323
(d) Any amount awarded under this act is intended to 1324
provide the sole compensation for any and all present and future 1325
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claims arising out of the facts in connection with the 1326
claimant's conviction and incarceration. Upon notification by 1327
the department that an application meets the requirements of 1328
this act, a wrongfully incarcerated person may not recover under 1329
a claim bill. 1330
(e) Any compensation a warded under a claim bill shall be 1331
the sole redress for claims arising out of the facts in 1332
connection with the claimant's conviction and incarceration and, 1333
upon any award of compensation to a wrongfully incarcerated 1334
person under a claim bill, the person ma y not receive 1335
compensation under this act. 1336
(7) Any payment made under this act does not constitute a 1337
waiver of any defense of sovereign immunity or an increase in 1338
the limits of liability on behalf of the state or any person 1339
subject to the provisions of s . 768.28 or other law. 1340
Section 45. For the purpose of incorporating the amendment 1341
made by this act to section 768.28, Florida Statutes, in a 1342
reference thereto, paragraph (h) of subsection (12) of section 1343
1002.33, Florida Statutes, is reenacted to read: 1344
1002.33 Charter schools. — 1345
(12) EMPLOYEES OF CHARTER SCHOOLS. — 1346
(h) For the purposes of tort liability, the charter 1347
school, including its governing body and employees, shall be 1348
governed by s. 768.28. This paragraph does not include any for -1349
profit entity contracted by the charter school or its governing 1350
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body. 1351
Section 46. For the purpose of incorporating the amendment 1352
made by this act to section 768.28, Florida Statutes, in a 1353
reference thereto, paragraph (b) of subsection (6) of section 1354
1002.333, Florida Statutes, is reenacted to read: 1355
1002.333 Persistently low -performing schools.— 1356
(6) STATUTORY AUTHORITY. — 1357
(b) For the purposes of tort liability, the hope operator, 1358
the school of hope, and its employees or agents shall be 1359
governed by s. 768.28. T he sponsor shall not be liable for civil 1360
damages under state law for the employment actions or personal 1361
injury, property damage, or death resulting from an act or 1362
omission of a hope operator, the school of hope, or its 1363
employees or agents. This paragraph d oes not include any for -1364
profit entity contracted by the charter school or its governing 1365
body. 1366
Section 47. For the purpose of incorporating the amendment 1367
made by this act to section 768.28, Florida Statutes, in a 1368
reference thereto, subsection (17) of se ction 1002.34, Florida 1369
Statutes, is reenacted to read: 1370
1002.34 Charter technical career centers. — 1371
(17) IMMUNITY.—For the purposes of tort liability, the 1372
governing body and employees of a center are governed by s. 1373
768.28. 1374
Section 48. For the purpose of incorporating the amendment 1375
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made by this act to section 768.28, Florida Statutes, in a 1376
reference thereto, paragraph (l) of subsection (3) of section 1377
1002.55, Florida Statutes, is reenacted to read: 1378
1002.55 School-year prekindergarten program delivere d by 1379
private prekindergarten providers. — 1380
(3) To be eligible to deliver the prekindergarten program, 1381
a private prekindergarten provider must meet each of the 1382
following requirements: 1383
(l) Notwithstanding paragraph (j), for a private 1384
prekindergarten provid er that is a state agency or a subdivision 1385
thereof, as defined in s. 768.28(2), the provider must agree to 1386
notify the coalition of any additional liability coverage 1387
maintained by the provider in addition to that otherwise 1388
established under s. 768.28. The p rovider shall indemnify the 1389
coalition to the extent permitted by s. 768.28. Notwithstanding 1390
paragraph (j), for a child development program that is 1391
accredited by a national accrediting body and operates on a 1392
military installation that is certified by the Un ited States 1393
Department of Defense, the provider may demonstrate liability 1394
coverage by affirming that it is subject to the Federal Tort 1395
Claims Act, 28 U.S.C. ss. 2671 et seq. 1396
Section 49. For the purpose of incorporating the amendment 1397
made by this act to section 768.28, Florida Statutes, in a 1398
reference thereto, subsection (10) of section 1002.83, Florida 1399
Statutes, is reenacted to read: 1400
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1002.83 Early learning coalitions. — 1401
(10) For purposes of tort liability, each member or 1402
employee of an early learning coalition shall be governed by s. 1403
768.28. 1404
Section 50. For the purpose of incorporating the amendment 1405
made by this act to section 768.28, Florida Statutes, in a 1406
reference thereto, paragraph (p) of subsection (1) of section 1407
1002.88, Florida Statutes, is reenacted to read: 1408
1002.88 School readiness program provider standards; 1409
eligibility to deliver the school readiness program. — 1410
(1) To be eligible to deliver the school readiness 1411
program, a school readiness program provider must: 1412
(p) Notwithstanding p aragraph (m), for a provider that is 1413
a state agency or a subdivision thereof, as defined in s. 1414
768.28(2), agree to notify the coalition of any additional 1415
liability coverage maintained by the provider in addition to 1416
that otherwise established under s. 768.2 8. The provider shall 1417
indemnify the coalition to the extent permitted by s. 768.28. 1418
Notwithstanding paragraph (m), for a child development program 1419
that is accredited by a national accrediting body and operates 1420
on a military installation that is certified b y the United 1421
States Department of Defense, the provider may demonstrate 1422
liability coverage by affirming that it is subject to the 1423
Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1424
Section 51. For the purpose of incorporating the amendment 1425
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made by this act to section 768.28, Florida Statutes, in a 1426
reference thereto, subsection (1) of section 1006.24, Florida 1427
Statutes, is reenacted to read: 1428
1006.24 Tort liability; liability insurance. — 1429
(1) Each district school board shall be liable for tort 1430
claims arising out of any incident or occurrence involving a 1431
school bus or other motor vehicle owned, maintained, operated, 1432
or used by the district school board to transport persons, to 1433
the same extent and in the same manner as the state or any of 1434
its agencies or subdivisions is liable for tort claims under s. 1435
768.28, except that the total liability to persons being 1436
transported for all claims or judgments of such persons arising 1437
out of the same incident or occurrence shall not exceed an 1438
amount equal to $5,000 multi plied by the rated seating capacity 1439
of the school bus or other vehicle, as determined by rules of 1440
the State Board of Education, or $100,000, whichever is greater. 1441
The provisions of s. 768.28 apply to all claims or actions 1442
brought against district school bo ards, as authorized in this 1443
subsection. 1444
Section 52. For the purpose of incorporating the amendment 1445
made by this act to section 768.28, Florida Statutes, in a 1446
reference thereto, paragraph (b) of subsection (2) of section 1447
1006.261, Florida Statutes, is reenacted to read: 1448
1006.261 Use of school buses for public purposes. — 1449
(2) 1450
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(b) For purposes of liability for negligence, state 1451
agencies or subdivisions as defined in s. 768.28(2) shall be 1452
covered by s. 768.28. Every other corporation or organization 1453
shall provide liability insurance coverage in the minimum 1454
amounts of $100,000 on any claim or judgment and $200,000 on all 1455
claims and judgments arising from the same incident or 1456
occurrence. 1457
Section 53. This act shall take effect July 1, 2022. 1458