Florida 2022 Regular Session

Florida House Bill H0799 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 799 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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12	12
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14	14	A bill to be entitled 1
15	15	An act relating to sovereign immunity; amending s. 2
16	16	768.28, F.S.; revising the statutory limits on 3
17	17	liability for tort claims against the state and its 4
18	18	agencies and subdivisions; specifying that the 5
19	19	limitations in effect on the date a final judgment is 6
20	20	entered apply to that claim; requiring the Department 7
21	21	of Financial Services to adjust the limitations on 8
22	22	tort liability every year after a specified date; 9
23	23	authorizing certain sexual battery claims and actions 10
24	24	to be presented at any time; reenacting ss. 45.061(5), 11
25	25	110.504(4), 111.071(1)(a), 163.01(15)(k), 190.043, 12
26	26	213.015(13), 252.51, 252.89, 252.944, 260.0125(2), 13
27	27	284.31, 284.38, 322.13(1)( b), 337.19(1), 341.302(17), 14
28	28	373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 15
29	29	395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a), 16
30	30	and (3)(a), 455.221(3), 455.32(5), 456.009(3), 17
31	31	456.076(15)(a), 471.038(3), 472.006(11)(b), 18
32	32	497.167(7), 513.118(2), 548.046(1), 556.106(8), 19
33	33	589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5), 20
34	34	766.112(2), 768.1355(3), 768.295(4), 944.713(2), 21
35	35	946.5026, 946.514(3), 961.06(5), (6), and (7), 22
36	36	1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 23
37	37	1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), 24
38	38	and 1006.261(2)(b), F.S., to incorporate the 25
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40	40	HB 799 2022
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47	47	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
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49	49
50	50
51	51	amendments made to s. 768.28, F.S., in references 26
52	52	thereto; providing an effective date. 27
53	53	28
54	54	Be It Enacted by the Legislature of the State of Florida: 29
55	55	30
56	56	Section 1. Subsection (5), paragraph (a) of subsection 31
57	57	(6), and subsection (14) of section 768.28, Florida Statutes, 32
58	58	are amended to read: 33
59	59	768.28 Waiver of sovereign immunity in tort actions; 34
60	60	recovery limits; civil liability for damages caused during a 35
61	61	riot; limitation on attorney fees; statute of limitations; 36
62	62	exclusions; indemnification; risk management programs. — 37
63	63	(5)(a) The state and its agencies and subdivisions shall 38
64	64	be liable for tort claims in the same manner and to the same 39
65	65	extent as a private individual under like circumstances, but 40
66	66	liability shall not include puni tive damages or interest for the 41
67	67	period before judgment. Neither the state nor its agencies or 42
68	68	subdivisions shall be liable to pay a claim or a judgment by any 43
69	69	one person which exceeds the sum of $1 million $200,000 or any 44
70	70	claim or judgment, or portions th ereof, which, when totaled with 45
71	71	all other claims or judgments paid by the state or its agencies 46
72	72	or subdivisions arising out of the same incident or occurrence, 47
73	73	exceeds the sum of $300,000 . However, a judgment or judgments 48
74	74	may be claimed and rendered in exc ess of this amount these 49
75	75	amounts and may be settled and paid pursuant to this act up to 50
76	76
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84	84	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
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86	86
87	87
88	88	$1 million per person, $200,000 or $300,000, as the case may be; 51
89	89	and that portion of the judgment that exceeds this amount these 52
90	90	amounts may be reported to the Legislat ure, and but may be paid 53
91	91	in part or in whole only by further act of the Legislature. 54
92	92	Notwithstanding the limited waiver of sovereign immunity 55
93	93	provided herein, the state or an agency or subdivision thereof 56
94	94	may agree, within the limits of insurance coverage provided, to 57
95	95	settle a claim made or a judgment rendered against it without 58
96	96	further action by the Legislature, but the state or agency or 59
97	97	subdivision thereof shall not be deemed to have waived any 60
98	98	defense of sovereign immunity or to have increased the limit s of 61
99	99	its liability as a result of its obtaining insurance coverage 62
100	100	for tortious acts in excess of the $1 million $200,000 or 63
101	101	$300,000 waiver provided above. 64
102	102	(b) The limitations of liability set forth in this 65
103	103	subsection shall apply to the state and its ag encies and 66
104	104	subdivisions whether or not the state or its agencies or 67
105	105	subdivisions possessed sovereign immunity before July 1, 1974. 68
106	106	(c) When determining liability limits for a claim, the 69
107	107	limitations of liability in effect on the date a final judgment 70
108	108	is entered shall apply to the claim. 71
109	109	(d) Beginning July 1, 2023, and each July 1 thereafter, 72
110	110	the Department of Financial Services shall adjust the 73
111	111	limitations of liability in this subsection to reflect changes 74
112	112	in the Consumer Price Index for the Southeast or a successor 75
113	113
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121	121	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
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123	123
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125	125	index as calculated by the United States Department of Labor. 76
126	126	(e)(b) A municipality has a duty to allow the municipal 77
127	127	law enforcement agency to respond appropriately to protect 78
128	128	persons and property during a riot or an unlawful assembly based 79
129	129	on the availability of adequate equipment to its municipal law 80
130	130	enforcement officers and relevant state and federal laws. If the 81
131	131	governing body of a municipality or a person authorized by the 82
132	132	governing body of the municipality breaches that duty, the 83
133	133	municipality is civilly liable for any damages, including 84
134	134	damages arising from personal injury, wrongful death, or 85
135	135	property damages proximately caused by the municipality's breach 86
136	136	of duty. The sovereign immunity recovery limits in paragraph (a) 87
137	137	do not apply to an action under this paragraph. 88
138	138	(6)(a) An action may not be instituted on a claim against 89
139	139	the state or one of its agencies or subdivisions unless the 90
140	140	claimant presents the claim in writing to the appropriate 91
141	141	agency, and also, except as to any claim again st a municipality, 92
142	142	county, or the Florida Space Authority, presents such claim in 93
143	143	writing to the Department of Financial Services, within 3 years 94
144	144	after such claim accrues and the Department of Financial 95
145	145	Services or the appropriate agency denies the claim i n writing; 96
146	146	except that, if: 97
147	147	1. Such claim is for contribution pursuant to s. 768.31, 98
148	148	it must be so presented within 6 months after the judgment 99
149	149	against the tortfeasor seeking contribution has become final by 100
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158	158	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
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160	160
161	161
162	162	lapse of time for appeal or after appellate re view or, if there 101
163	163	is no such judgment, within 6 months after the tortfeasor 102
164	164	seeking contribution has either discharged the common liability 103
165	165	by payment or agreed, while the action is pending against her or 104
166	166	him, to discharge the common liability; or 105
167	167	2. Such action is for wrongful death, the claimant must 106
168	168	present the claim in writing to the Department of Financial 107
169	169	Services within 2 years after the claim accrues ; or 108
170	170	3. Such action arises from a violation of s. 794.011 109
171	171	involving a victim who was younger than the age of 16 at the 110
172	172	time of the act, the claimant may present the claim at any time . 111
173	173	(14) Every claim against the state or one of its agencies 112
174	174	or subdivisions for damages for a negligent or wrongful act or 113
175	175	omission pursuant to this section shall be forever barred unless 114
176	176	the civil action is commenced by filing a complaint in the court 115
177	177	of appropriate jurisdiction within 4 years after such claim 116
178	178	accrues; except that : 117
179	179	(a) An action for contribution must be commenced within 118
180	180	the limitations provided in s. 768.31(4) ;, and 119
181	181	(b) An action for damages arising from medical malpractice 120
182	182	or wrongful death must be commenced within the limitations for 121
183	183	such actions in s. 95.11(4) ; and 122
184	184	(c) An action arising from acts constituting a violation 123
185	185	of s. 794.011 involving a victim who was younger than the age of 124
186	186	16 at the time of the act may be commenced at any time pursuant 125
187	187
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195	195	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
196	196
197	197
198	198
199	199	to s. 95.11(9). 126
200	200	Section 2. For the purpose of incorporating th e amendment 127
201	201	made by this act to section 768.28, Florida Statutes, in a 128
202	202	reference thereto, subsection (5) of section 45.061, Florida 129
203	203	Statutes, is reenacted to read: 130
204	204	45.061 Offers of settlement. — 131
205	205	(5) Sanctions authorized under this section may be imposed 132
206	206	notwithstanding any limitation on recovery of costs or expenses 133
207	207	which may be provided by contract or in other provisions of 134
208	208	Florida law. This section shall not be construed to waive the 135
209	209	limits of sovereign immunity set forth in s. 768.28. 136
210	210	Section 3. For the purpose of incorporating the amendment 137
211	211	made by this act to section 768.28, Florida Statutes, in a 138
212	212	reference thereto, subsection (4) of section 110.504, Florida 139
213	213	Statutes, is reenacted to read: 140
214	214	110.504 Volunteer benefits. — 141
215	215	(4) Volunteers shall be covered by state liability 142
216	216	protection in accordance with the definition of a volunteer and 143
217	217	the provisions of s. 768.28. 144
218	218	Section 4. For the purpose of incorporating the amendment 145
219	219	made by this act to section 768.28, Florida Statutes, in a 146
220	220	reference thereto, paragraph (a) of subsection (1) of section 147
221	221	111.071, Florida Statutes, is reenacted to read: 148
222	222	111.071 Payment of judgments or settlements against 149
223	223	certain public officers or employees. — 150
224	224
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232	232	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
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234	234
235	235
236	236	(1) Any county, municipality, political subdivision, or 151
237	237	agency of the state which has been excluded from participation 152
238	238	in the Insurance Risk Management Trust Fund is authorized to 153
239	239	expend available funds to pay: 154
240	240	(a) Any final judgment, including damages, costs, and 155
241	241	attorney's fees, arising from a complaint for damages or injury 156
242	242	suffered as a result of any act or omission of action of any 157
243	243	officer, employee, or agent in a civil or civil rights lawsuit 158
244	244	described in s. 111.07. If the civil action arises under s. 159
245	245	768.28 as a tort claim, the limitations and provisions of s. 160
246	246	768.28 governing payment shall apply. If the action is a civil 161
247	247	rights action arising under 42 U.S.C. s. 1983, or similar 162
248	248	federal statutes, payments for the full amount of the judgment 163
249	249	may be made unless the officer, employee, or agent has been 164
250	250	determined in the final judgment to have caused the harm 165
251	251	intentionally. 166
252	252	Section 5. For the purpose of incorporating the amendment 167
253	253	made by this act to section 768.28, Florida Statutes, in a 168
254	254	reference thereto, paragraph (k) of subsection (15) of section 169
255	255	163.01, Florida Statutes, is reenacted to read: 170
256	256	163.01 Florida Interlocal Cooperation Act of 1969. — 171
257	257	(15) Notwithstanding any other provision of this section 172
258	258	or of any other law except s. 361.14, any public agency of this 173
259	259	state which is an electric utility, or any s eparate legal entity 174
260	260	created pursuant to the provisions of this section, the 175
261	261
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269	269	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
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271	271
272	272
273	273	membership of which consists only of electric utilities, and 176
274	274	which exercises or proposes to exercise the powers granted by 177
275	275	part II of chapter 361, the Joint Power Act, may exercis e any or 178
276	276	all of the following powers: 179
277	277	(k) The limitations on waiver in the provisions of s. 180
278	278	768.28 or any other law to the contrary notwithstanding, the 181
279	279	Legislature, in accordance with s. 13, Art. X of the State 182
280	280	Constitution, hereby declares that any suc h legal entity or any 183
281	281	public agency of this state that participates in any electric 184
282	282	project waives its sovereign immunity to: 185
283	283	1. All other persons participating therein; and 186
284	284	2. Any person in any manner contracting with a legal 187
285	285	entity of which any such public agency is a member, with 188
286	286	relation to: 189
287	287	a. Ownership, operation, or any other activity set forth 190
288	288	in sub-subparagraph (b)2.d. with relation to any electric 191
289	289	project; or 192
290	290	b. The supplying or purchasing of services, output, 193
291	291	capacity, energy, or any com bination thereof. 194
292	292	Section 6. For the purpose of incorporating the amendment 195
293	293	made by this act to section 768.28, Florida Statutes, in a 196
294	294	reference thereto, section 190.043, Florida Statutes, is 197
295	295	reenacted to read: 198
296	296	190.043 Suits against the district. —Any suit or action 199
297	297	brought or maintained against the district for damages arising 200
298	298
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306	306	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
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308	308
309	309
310	310	out of tort, including, without limitation, any claim arising 201
311	311	upon account of an act causing an injury or loss of property, 202
312	312	personal injury, or death, shall be subject to the li mitations 203
313	313	provided in s. 768.28. 204
314	314	Section 7. For the purpose of incorporating the amendment 205
315	315	made by this act to section 768.28, Florida Statutes, in a 206
316	316	reference thereto, subsection (13) of section 213.015, Florida 207
317	317	Statutes, is reenacted to read: 208
318	318	213.015 Taxpayer rights.—There is created a Florida 209
319	319	Taxpayer's Bill of Rights to guarantee that the rights, privacy, 210
320	320	and property of Florida taxpayers are adequately safeguarded and 211
321	321	protected during tax assessment, collection, and enforcement 212
322	322	processes administered under the revenue laws of this state. The 213
323	323	Taxpayer's Bill of Rights compiles, in one document, brief but 214
324	324	comprehensive statements which explain, in simple, nontechnical 215
325	325	terms, the rights and obligations of the Department of Revenue 216
326	326	and taxpayers. Section 192.0105 provides additional rights 217
327	327	afforded to payors of property taxes and assessments. The rights 218
328	328	afforded taxpayers to ensure that their privacy and property are 219
329	329	safeguarded and protected during tax assessment and collection 220
330	330	are available only inso far as they are implemented in other 221
331	331	parts of the Florida Statutes or rules of the Department of 222
332	332	Revenue. The rights so guaranteed Florida taxpayers in the 223
333	333	Florida Statutes and the departmental rules are: 224
334	334	(13) The right to an action at law within the lim itations 225
335	335
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343	343	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
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345	345
346	346
347	347	of s. 768.28, relating to sovereign immunity, to recover damages 226
348	348	against the state or the Department of Revenue for injury caused 227
349	349	by the wrongful or negligent act or omission of a department 228
350	350	officer or employee (see s. 768.28). 229
351	351	Section 8. For the purpose of incorporating the amendment 230
352	352	made by this act to section 768.28, Florida Statutes, in a 231
353	353	reference thereto, section 252.51, Florida Statutes, is 232
354	354	reenacted to read: 233
355	355	252.51 Liability.—Any person or organization, public or 234
356	356	private, owning or controlling real estate or other premises who 235
357	357	voluntarily and without compensation, other than payment or 236
358	358	reimbursement of costs and expenses, grants a license or 237
359	359	privilege or otherwise permits the designation by the local 238
360	360	emergency management agency or use of the whole or any part of 239
361	361	such real estate or premises for the purpose of sheltering 240
362	362	persons during an actual, impending, mock, or practice 241
363	363	emergency, together with her or his successor in interest, if 242
364	364	any, shall not be liable for the death of, or injury to, any 243
365	365	person on or about such real estate or premises during the 244
366	366	actual, impending, mock, or practice emergency, or for loss of, 245
367	367	or damage to, the property of such person, sol ely by reason or 246
368	368	as a result of such license, privilege, designation, or use, 247
369	369	unless the gross negligence or the willful and wanton misconduct 248
370	370	of such person owning or controlling such real estate or 249
371	371	premises or her or his successor in interest is the prox imate 250
372	372
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380	380	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
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384	384	cause of such death, injury, loss, or damage occurring during 251
385	385	such sheltering period. Any such person or organization who 252
386	386	provides such shelter space for compensation shall be deemed to 253
387	387	be an instrumentality of the state or its applicable agency or 254
388	388	subdivision for the purposes of s. 768.28. 255
389	389	Section 9. For the purpose of incorporating the amendment 256
390	390	made by this act to section 768.28, Florida Statutes, in a 257
391	391	reference thereto, section 252.89, Florida Statutes, is 258
392	392	reenacted to read: 259
393	393	252.89 Tort liability.—The commission and the committees 260
394	394	shall be state agencies, and the members of the commission and 261
395	395	committees shall be officers, employees, or agents of the state 262
396	396	for the purposes of s. 768.28. 263
397	397	Section 10. For the purpose of incorporating the amen dment 264
398	398	made by this act to section 768.28, Florida Statutes, in a 265
399	399	reference thereto, section 252.944, Florida Statutes, is 266
400	400	reenacted to read: 267
401	401	252.944 Tort liability. —The commission and the committees 268
402	402	are state agencies, and the members of the commission a nd 269
403	403	committees are officers, employees, or agents of the state for 270
404	404	the purpose of s. 768.28. 271
405	405	Section 11. For the purpose of incorporating the amendment 272
406	406	made by this act to section 768.28, Florida Statutes, in a 273
407	407	reference thereto, subsection (2) of secti on 260.0125, Florida 274
408	408	Statutes, is reenacted to read: 275
409	409
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417	417	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
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421	421	260.0125 Limitation on liability of private landowners 276
422	422	whose property is designated as part of the statewide system of 277
423	423	greenways and trails. — 278
424	424	(2) Any private landowner who consents to designation of 279
425	425	his or her land as part of the statewide system of greenways and 280
426	426	trails pursuant to s. 260.016(2)(d) without compensation shall 281
427	427	be considered a volunteer, as defined in s. 110.501, and shall 282
428	428	be covered by state liability protection pursuant to s. 768.28, 283
429	429	including s. 768.28(9). 284
430	430	Section 12. For the purpose of incorporating the amendment 285
431	431	made by this act to section 768.28, Florida Statutes, in a 286
432	432	reference thereto, section 284.31, Florida Statutes, is 287
433	433	reenacted to read: 288
434	434	284.31 Scope and types of coverage s; separate accounts. —289
435	435	The Insurance Risk Management Trust Fund must, unless 290
436	436	specifically excluded by the Department of Financial Services, 291
437	437	cover all departments of the State of Florida and their 292
438	438	employees, agents, and volunteers and must provide separate 293
439	439	accounts for workers' compensation, general liability, fleet 294
440	440	automotive liability, federal civil rights actions under 42 295
441	441	U.S.C. s. 1983 or similar federal statutes, state agency 296
442	442	firefighter cancer benefits payable under s. 112.1816(2), and 297
443	443	court-awarded attorney fees in other proceedings against the 298
444	444	state except for such awards in eminent domain or for inverse 299
445	445	condemnation or for awards by the Public Employees Relations 300
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454	454	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
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456	456
457	457
458	458	Commission. Unless specifically excluded by the Department of 301
459	459	Financial Services, the Ins urance Risk Management Trust Fund 302
460	460	must provide fleet automotive liability coverage to motor 303
461	461	vehicles titled to the state, or to any department of the state, 304
462	462	when such motor vehicles are used by community transportation 305
463	463	coordinators performing, under contra ct to the appropriate 306
464	464	department of the state, services for the transportation 307
465	465	disadvantaged under part I of chapter 427. Such fleet automotive 308
466	466	liability coverage is primary and is subject to s. 768.28 and 309
467	467	parts II and III of chapter 284, and applicable ru les adopted 310
468	468	thereunder, and the terms and conditions of the certificate of 311
469	469	coverage issued by the Department of Financial Services. 312
470	470	Section 13. For the purpose of incorporating the amendment 313
471	471	made by this act to section 768.28, Florida Statutes, in a 314
472	472	reference thereto, section 284.38, Florida Statutes, is 315
473	473	reenacted to read: 316
474	474	284.38 Waiver of sovereign immunity; effect. —The insurance 317
475	475	programs developed herein shall provide limits as established by 318
476	476	the provisions of s. 768.28 if a tort claim. The limits p rovided 319
477	477	in s. 768.28 shall not apply to a civil rights action arising 320
478	478	under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 321
479	479	pending or future claim or judgment arising under any of said 322
480	480	statutes may be made upon this act becoming a law, unless t he 323
481	481	officer, employee, or agent has been determined in the final 324
482	482	judgment to have caused the harm intentionally; however, the 325
483	483
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491	491	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
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494	494
495	495	fund is authorized to pay all other court -ordered attorney's 326
496	496	fees as provided under s. 284.31. 327
497	497	Section 14. For the purpose of i ncorporating the amendment 328
498	498	made by this act to section 768.28, Florida Statutes, in a 329
499	499	reference thereto, paragraph (b) of subsection (1) of section 330
500	500	322.13, Florida Statutes, is reenacted to read: 331
501	501	322.13 Driver license examiners. — 332
502	502	(1) 333
503	503	(b) Those persons serving as driver license examiners are 334
504	504	not liable for actions taken within the scope of their 335
505	505	employment or designation, except as provided by s. 768.28. 336
506	506	Section 15. For the purpose of incorporating the amendment 337
507	507	made by this act to section 768.28, F lorida Statutes, in a 338
508	508	reference thereto, subsection (1) of section 337.19, Florida 339
509	509	Statutes, is reenacted to read: 340
510	510	337.19 Suits by and against department; limitation of 341
511	511	actions; forum.— 342
512	512	(1) Suits at law and in equity may be brought and 343
513	513	maintained by and against the department on any contract claim 344
514	514	arising from breach of an express provision or an implied 345
515	515	covenant of a written agreement or a written directive issued by 346
516	516	the department pursuant to the written agreement. In any such 347
517	517	suit, the department and the contractor shall have all of the 348
518	518	same rights and obligations as a private person under a like 349
519	519	contract except that no liability may be based on an oral 350
520	520
521	521	HB 799 2022
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523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0799-00
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528	528	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
529	529
530	530
531	531
532	532	modification of either the written contract or written 351
533	533	directive. Nothing herein shall be construed to waive the 352
534	534	sovereign immunity of the state and its political subdivisions 353
535	535	from equitable claims and equitable remedies. Notwithstanding 354
536	536	anything to the contrary contained in this section, no employee 355
537	537	or agent of the department may be held personally lia ble to an 356
538	538	extent greater than that pursuant to s. 768.28 provided that no 357
539	539	suit sounding in tort shall be maintained against the 358
540	540	department. 359
541	541	Section 16. For the purpose of incorporating the amendment 360
542	542	made by this act to section 768.28, Florida Statutes, in a 361
543	543	reference thereto, subsection (17) of section 341.302, Florida 362
544	544	Statutes, is reenacted to read: 363
545	545	341.302 Rail program; duties and responsibilities of the 364
546	546	department.—The department, in conjunction with other 365
547	547	governmental entities, including the rail enterprise and the 366
548	548	private sector, shall develop and implement a rail program of 367
549	549	statewide application designed to ensure the proper maintenance, 368
550	550	safety, revitalization, and expansion of the rail system to 369
551	551	assure its continued and increased availability to respond to 370
552	552	statewide mobility needs. Within the resources provided pursuant 371
553	553	to chapter 216, and as authorized under federal law, the 372
554	554	department shall: 373
555	555	(17) In conjunction with the acquisition, ownership, 374
556	556	construction, operation, maintenance, and managem ent of a rail 375
557	557
558	558	HB 799 2022
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560	560
561	561
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565	565	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
566	566
567	567
568	568
569	569	corridor, have the authority to: 376
570	570	(a) Assume obligations pursuant to the following: 377
571	571	1.a. The department may assume the obligation by contract 378
572	572	to forever protect, defend, indemnify, and hold harmless the 379
573	573	freight rail operator, or its succes sors, from whom the 380
574	574	department has acquired a real property interest in the rail 381
575	575	corridor, and that freight rail operator's officers, agents, and 382
576	576	employees, from and against any liability, cost, and expense, 383
577	577	including, but not limited to, commuter rail pas sengers and rail 384
578	578	corridor invitees in the rail corridor, regardless of whether 385
579	579	the loss, damage, destruction, injury, or death giving rise to 386
580	580	any such liability, cost, or expense is caused in whole or in 387
581	581	part, and to whatever nature or degree, by the fault , failure, 388
582	582	negligence, misconduct, nonfeasance, or misfeasance of such 389
583	583	freight rail operator, its successors, or its officers, agents, 390
584	584	and employees, or any other person or persons whomsoever; or 391
585	585	b. The department may assume the obligation by contract to 392
586	586	forever protect, defend, indemnify, and hold harmless National 393
587	587	Railroad Passenger Corporation, or its successors, and officers, 394
588	588	agents, and employees of National Railroad Passenger 395
589	589	Corporation, from and against any liability, cost, and expense, 396
590	590	including, but not limited to, commuter rail passengers and rail 397
591	591	corridor invitees in the rail corridor, regardless of whether 398
592	592	the loss, damage, destruction, injury, or death giving rise to 399
593	593	any such liability, cost, or expense is caused in whole or in 400
594	594
595	595	HB 799 2022
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597	597
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602	602	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
603	603
604	604
605	605
606	606	part, and to whatever nature or degree, by the fault, failure, 401
607	607	negligence, misconduct, nonfeasance, or misfeasance of National 402
608	608	Railroad Passenger Corporation, its successors, or its officers, 403
609	609	agents, and employees, or any other person or persons 404
610	610	whomsoever. 405
611	611	2. The assumption of liability of the department by 406
612	612	contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 407
613	613	1.b. may not in any instance exceed the following parameters of 408
614	614	allocation of risk: 409
615	615	a. The department may be solely responsible for any loss, 410
616	616	injury, or damage to commuter rail passengers, or rail corridor 411
617	617	invitees, or trespassers, regardless of circumstances or cause, 412
618	618	subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 413
619	619	6. 414
620	620	b.(I) In the event of a limited covered accident, the 415
621	621	authority of the department to protect, defend, and indemnify 416
622	622	the freight operator for all liability, cost, and expense, 417
623	623	including punitive or exemplary damages, in excess of the 418
624	624	deductible or self-insurance retention fund established under 419
625	625	paragraph (b) and actually in force at the time of the limited 420
626	626	covered accident exists only if the freight operator agrees, 421
627	627	with respect to the limited covered accident, to protect, 422
628	628	defend, and indemnify the department for the amount of the 423
629	629	deductible or self-insurance retention fu nd established under 424
630	630	paragraph (b) and actually in force at the time of the limited 425
631	631
632	632	HB 799 2022
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	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
640	640
641	641
642	642
643	643	covered accident. 426
644	644	(II) In the event of a limited covered accident, the 427
645	645	authority of the department to protect, defend, and indemnify 428
646	646	National Railroad Passenger Corporati on for all liability, cost, 429
647	647	and expense, including punitive or exemplary damages, in excess 430
648	648	of the deductible or self -insurance retention fund established 431
649	649	under paragraph (b) and actually in force at the time of the 432
650	650	limited covered accident exists only if National Railroad 433
651	651	Passenger Corporation agrees, with respect to the limited 434
652	652	covered accident, to protect, defend, and indemnify the 435
653	653	department for the amount of the deductible or self -insurance 436
654	654	retention fund established under paragraph (b) and actually in 437
655	655	force at the time of the limited covered accident. 438
656	656	3. When only one train is involved in an incident, the 439
657	657	department may be solely responsible for any loss, injury, or 440
658	658	damage if the train is a department train or other train 441
659	659	pursuant to subparagraph 4., but only if: 442
660	660	a. When an incident occurs with only a freight train 443
661	661	involved, including incidents with trespassers or at grade 444
662	662	crossings, the freight rail operator is solely responsible for 445
663	663	any loss, injury, or damage, except for commuter rail passengers 446
664	664	and rail corridor invitees; or 447
665	665	b. When an incident occurs with only a National Railroad 448
666	666	Passenger Corporation train involved, including incidents with 449
667	667	trespassers or at grade crossings, National Railroad Passenger 450
668	668
669	669	HB 799 2022
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671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0799-00
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676	676	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
677	677
678	678
679	679
680	680	Corporation is solely responsible for an y loss, injury, or 451
681	681	damage, except for commuter rail passengers and rail corridor 452
682	682	invitees. 453
683	683	4. For the purposes of this subsection: 454
684	684	a. Any train involved in an incident that is neither the 455
685	685	department's train nor the freight rail operator's train, 456
686	686	hereinafter referred to in this subsection as an "other train," 457
687	687	may be treated as a department train, solely for purposes of any 458
688	688	allocation of liability between the department and the freight 459
689	689	rail operator only, but only if the department and the freight 460
690	690	rail operator share responsibility equally as to third parties 461
691	691	outside the rail corridor who incur loss, injury, or damage as a 462
692	692	result of any incident involving both a department train and a 463
693	693	freight rail operator train, and the allocation as between the 464
694	694	department and the freight rail operator, regardless of whether 465
695	695	the other train is treated as a department train, shall remain 466
696	696	one-half each as to third parties outside the rail corridor who 467
697	697	incur loss, injury, or damage as a result of the incident. The 468
698	698	involvement of any other train shall not alter the sharing of 469
699	699	equal responsibility as to third parties outside the rail 470
700	700	corridor who incur loss, injury, or damage as a result of the 471
701	701	incident; or 472
702	702	b. Any train involved in an incident that is neither the 473
703	703	department's train nor the National Railroad Passenger 474
704	704	Corporation's train, hereinafter referred to in this subsection 475
705	705
706	706	HB 799 2022
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708	708
709	709
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713	713	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
714	714
715	715
716	716
717	717	as an "other train," may be treated as a department train, 476
718	718	solely for purposes of any allocation of liability between the 477
719	719	department and National Rail road Passenger Corporation only, but 478
720	720	only if the department and National Railroad Passenger 479
721	721	Corporation share responsibility equally as to third parties 480
722	722	outside the rail corridor who incur loss, injury, or damage as a 481
723	723	result of any incident involving both a department train and a 482
724	724	National Railroad Passenger Corporation train, and the 483
725	725	allocation as between the department and National Railroad 484
726	726	Passenger Corporation, regardless of whether the other train is 485
727	727	treated as a department train, shall remain one -half each as to 486
728	728	third parties outside the rail corridor who incur loss, injury, 487
729	729	or damage as a result of the incident. The involvement of any 488
730	730	other train shall not alter the sharing of equal responsibility 489
731	731	as to third parties outside the rail corridor who incur loss, 490
732	732	injury, or damage as a result of the incident. 491
733	733	5. When more than one train is involved in an incident: 492
734	734	a.(I) If only a department train and freight rail 493
735	735	operator's train, or only an other train as described in sub -494
736	736	subparagraph 4.a. and a freight rail operator's train, are 495
737	737	involved in an incident, the department may be responsible for 496
738	738	its property and all of its people, all commuter rail 497
739	739	passengers, and rail corridor invitees, but only if the freight 498
740	740	rail operator is responsible for its property a nd all of its 499
741	741	people, and the department and the freight rail operator each 500
742	742
743	743	HB 799 2022
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745	745
746	746
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748	748	hb0799-00
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750	750	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
751	751
752	752
753	753
754	754	share one-half responsibility as to trespassers or third parties 501
755	755	outside the rail corridor who incur loss, injury, or damage as a 502
756	756	result of the incident; or 503
757	757	(II) If only a depart ment train and a National Railroad 504
758	758	Passenger Corporation train, or only an other train as described 505
759	759	in sub-subparagraph 4.b. and a National Railroad Passenger 506
760	760	Corporation train, are involved in an incident, the department 507
761	761	may be responsible for its propert y and all of its people, all 508
762	762	commuter rail passengers, and rail corridor invitees, but only 509
763	763	if National Railroad Passenger Corporation is responsible for 510
764	764	its property and all of its people, all National Railroad 511
765	765	Passenger Corporation's rail passengers, and the department and 512
766	766	National Railroad Passenger Corporation each share one -half 513
767	767	responsibility as to trespassers or third parties outside the 514
768	768	rail corridor who incur loss, injury, or damage as a result of 515
769	769	the incident. 516
770	770	b.(I) If a department train, a frei ght rail operator 517
771	771	train, and any other train are involved in an incident, the 518
772	772	allocation of liability between the department and the freight 519
773	773	rail operator, regardless of whether the other train is treated 520
774	774	as a department train, shall remain one -half each as to third 521
775	775	parties outside the rail corridor who incur loss, injury, or 522
776	776	damage as a result of the incident; the involvement of any other 523
777	777	train shall not alter the sharing of equal responsibility as to 524
778	778	third parties outside the rail corridor who incur loss, injury, 525
779	779
780	780	HB 799 2022
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782	782
783	783
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787	787	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
788	788
789	789
790	790
791	791	or damage as a result of the incident; and, if the owner, 526
792	792	operator, or insurer of the other train makes any payment to 527
793	793	injured third parties outside the rail corridor who incur loss, 528
794	794	injury, or damage as a result of the incident, the allocation of 529
795	795	credit between the department and the freight rail operator as 530
796	796	to such payment shall not in any case reduce the freight rail 531
797	797	operator's third-party-sharing allocation of one -half under this 532
798	798	paragraph to less than one -third of the total third party 533
799	799	liability; or 534
800	800	(II) If a department train, a National Railroad Passenger 535
801	801	Corporation train, and any other train are involved in an 536
802	802	incident, the allocation of liability between the department and 537
803	803	National Railroad Passenger Corporation, regardless of whether 538
804	804	the other train is treated as a department train, shall remain 539
805	805	one-half each as to third parties outside the rail corridor who 540
806	806	incur loss, injury, or damage as a result of the incident; the 541
807	807	involvement of any other train shall not alter the sharing of 542
808	808	equal responsibility as to third parties outside the rail 543
809	809	corridor who incur loss, injury, or damage as a result of the 544
810	810	incident; and, if the owner, operator, or insurer of the other 545
811	811	train makes any payment to injured third parties outside the 546
812	812	rail corridor who incur loss, injury, or damage as a result of 547
813	813	the incident, the allocation of credit between the department 548
814	814	and National Railroad Passenger Corporation as to such payment 549
815	815	shall not in any case reduce National Railroad Passenger 550
816	816
817	817	HB 799 2022
818	818
819	819
820	820
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822	822	hb0799-00
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824	824	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
825	825
826	826
827	827
828	828	Corporation's third-party-sharing allocation of one -half under 551
829	829	this sub-subparagraph to less than one -third of the total third 552
830	830	party liability. 553
831	831	6. Any such contractual duty to protect, defend, 554
832	832	indemnify, and hold harmless such a freight rail operator or 555
833	833	National Railroad Passenger Co rporation shall expressly include 556
834	834	a specific cap on the amount of the contractual duty, which 557
835	835	amount shall not exceed $200 million without prior legislative 558
836	836	approval, and the department to purchase liability insurance and 559
837	837	establish a self-insurance retention fund in the amount of the 560
838	838	specific cap established under this subparagraph, provided that: 561
839	839	a. No such contractual duty shall in any case be effective 562
840	840	nor otherwise extend the department's liability in scope and 563
841	841	effect beyond the contractual liability insurance and self-564
842	842	insurance retention fund required pursuant to this paragraph; 565
843	843	and 566
844	844	b.(I) The freight rail operator's compensation to the 567
845	845	department for future use of the department's rail corridor 568
846	846	shall include a monetary contribution to the cost of su ch 569
847	847	liability coverage for the sole benefit of the freight rail 570
848	848	operator. 571
849	849	(II) National Railroad Passenger Corporation's 572
850	850	compensation to the department for future use of the 573
851	851	department's rail corridor shall include a monetary contribution 574
852	852	to the cost of such liability coverage for the sole benefit of 575
853	853
854	854	HB 799 2022
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856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
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861	861	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
862	862
863	863
864	864
865	865	National Railroad Passenger Corporation. 576
866	866	(b) Purchase liability insurance, which amount shall not 577
867	867	exceed $200 million, and establish a self -insurance retention 578
868	868	fund for the purpose of paying the deductible l imit established 579
869	869	in the insurance policies it may obtain, including coverage for 580
870	870	the department, any freight rail operator as described in 581
871	871	paragraph (a), National Railroad Passenger Corporation, commuter 582
872	872	rail service providers, governmental entities, or an y ancillary 583
873	873	development, which self -insurance retention fund or deductible 584
874	874	shall not exceed $10 million. The insureds shall pay a 585
875	875	reasonable monetary contribution to the cost of such liability 586
876	876	coverage for the sole benefit of the insured. Such insurance an d 587
877	877	self-insurance retention fund may provide coverage for all 588
878	878	damages, including, but not limited to, compensatory, special, 589
879	879	and exemplary, and be maintained to provide an adequate fund to 590
880	880	cover claims and liabilities for loss, injury, or damage arising 591
881	881	out of or connected with the ownership, operation, maintenance, 592
882	882	and management of a rail corridor. 593
883	883	(c) Incur expenses for the purchase of advertisements, 594
884	884	marketing, and promotional items. 595
885	885	(d) Without altering any of the rights granted to the 596
886	886	department under this section, agree to assume the obligations 597
887	887	to indemnify and insure, pursuant to s. 343.545, freight rail 598
888	888	service, intercity passenger rail service, and commuter rail 599
889	889	service on a department -owned rail corridor, whether ownership 600
890	890
891	891	HB 799 2022
892	892
893	893
894	894
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898	898	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
899	899
900	900
901	901
902	902	is in fee or by ease ment, or on a rail corridor where the 601
903	903	department has the right to operate. 602
904	904	603
905	905	Neither the assumption by contract to protect, defend, 604
906	906	indemnify, and hold harmless; the purchase of insurance; nor the 605
907	907	establishment of a self -insurance retention fund shall be de emed 606
908	908	to be a waiver of any defense of sovereign immunity for torts 607
909	909	nor deemed to increase the limits of the department's or the 608
910	910	governmental entity's liability for torts as provided in s. 609
911	911	768.28. The requirements of s. 287.022(1) shall not apply to the 610
912	912	purchase of any insurance under this subsection. The provisions 611
913	913	of this subsection shall apply and inure fully as to any other 612
914	914	governmental entity providing commuter rail service and 613
915	915	constructing, operating, maintaining, or managing a rail 614
916	916	corridor on publicly owned right-of-way under contract by the 615
917	917	governmental entity with the department or a governmental entity 616
918	918	designated by the department. Notwithstanding any law to the 617
919	919	contrary, procurement for the construction, operation, 618
920	920	maintenance, and management of a ny rail corridor described in 619
921	921	this subsection, whether by the department, a governmental 620
922	922	entity under contract with the department, or a governmental 621
923	923	entity designated by the department, shall be pursuant to s. 622
924	924	287.057 and shall include, but not be limited to, criteria for 623
925	925	the consideration of qualifications, technical aspects of the 624
926	926	proposal, and price. Further, any such contract for design -build 625
927	927
928	928	HB 799 2022
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0799-00
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935	935	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
936	936
937	937
938	938
939	939	shall be procured pursuant to the criteria in s. 337.11(7). 626
940	940	Section 17. For the purpose of incorporating th e amendment 627
941	941	made by this act to section 768.28, Florida Statutes, in a 628
942	942	reference thereto, subsection (6) of section 373.1395, Florida 629
943	943	Statutes, is reenacted to read: 630
944	944	373.1395 Limitation on liability of water management 631
945	945	district with respect to areas made available to the public for 632
946	946	recreational purposes without charge. — 633
947	947	(6) This section does not relieve any water management 634
948	948	district of any liability that would otherwise exist for gross 635
949	949	negligence or a deliberate, willful, or malicious injury to a 636
950	950	person or property. This section does not create or increase the 637
951	951	liability of any water management district or person beyond that 638
952	952	which is authorized by s. 768.28. 639
953	953	Section 18. For the purpose of incorporating the amendment 640
954	954	made by this act to section 768.28, Florida Statutes, in a 641
955	955	reference thereto, paragraph (a) of subsection (3) of section 642
956	956	375.251, Florida Statutes, is reenacted to read: 643
957	957	375.251 Limitation on liability of persons making 644
958	958	available to public certain areas for recreational purposes 645
959	959	without charge.— 646
960	960	(3)(a) An owner of an area who enters into a written 647
961	961	agreement concerning the area with a state agency for outdoor 648
962	962	recreational purposes, where such agreement recognizes that the 649
963	963	state agency is responsible for personal injury, loss, or damage 650
964	964
965	965	HB 799 2022
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0799-00
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972	972	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
973	973
974	974
975	975
976	976	resulting in whole or in part from the state agency's use of the 651
977	977	area under the terms of the agreement subject to the limitations 652
978	978	and conditions specified in s. 768.28, owes no duty of care to 653
979	979	keep the area safe for entry or use by others, or to give 654
980	980	warning to persons entering or going on the area of any 655
981	981	hazardous conditions, structures, or activities thereon. An 656
982	982	owner who enters into a written agreement concerning the area 657
983	983	with a state agency for outdoor recreational purposes: 658
984	984	1. Is not presumed to extend any assurance that the area 659
985	985	is safe for any purpose; 660
986	986	2. Does not incur any duty of care toward a person who 661
987	987	goes on the area that is subject to the agreement; or 662
988	988	3. Is not liable or responsible for any injury to persons 663
989	989	or property caused by the act o r omission of a person who goes 664
990	990	on the area that is subject to the agreement. 665
991	991	Section 19. For the purpose of incorporating the amendment 666
992	992	made by this act to section 768.28, Florida Statutes, in a 667
993	993	reference thereto, subsection (9) of section 381.0056, Florida 668
994	994	Statutes, is reenacted to read: 669
995	995	381.0056 School health services program. — 670
996	996	(9) Any health care entity that provides school health 671
997	997	services under contract with the department pursuant to a school 672
998	998	health services plan developed under this section, and as part 673
999	999	of a school nurse services public -private partnership, is deemed 674
1000	1000	to be a corporation acting primarily as an instrumentality of 675
1001	1001
1002	1002	HB 799 2022
1003	1003
1004	1004
1005	1005
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1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	the state solely for the purpose of limiting liability pursuant 676
1014	1014	to s. 768.28(5). The limitations on tort actions con tained in s. 677
1015	1015	768.28(5) shall apply to any action against the entity with 678
1016	1016	respect to the provision of school health services, if the 679
1017	1017	entity is acting within the scope of and pursuant to guidelines 680
1018	1018	established in the contract or by rule of the department. Th e 681
1019	1019	contract must require the entity, or the partnership on behalf 682
1020	1020	of the entity, to obtain general liability insurance coverage, 683
1021	1021	with any additional endorsement necessary to insure the entity 684
1022	1022	for liability assumed by its contract with the department. The 685
1023	1023	Legislature intends that insurance be purchased by entities, or 686
1024	1024	by partnerships on behalf of the entity, to cover all liability 687
1025	1025	claims, and under no circumstances shall the state or the 688
1026	1026	department be responsible for payment of any claims or defense 689
1027	1027	costs for claims brought against the entity or its subcontractor 690
1028	1028	for services performed under the contract with the department. 691
1029	1029	This subsection does not preclude consideration by the 692
1030	1030	Legislature for payment by the state of any claims bill 693
1031	1031	involving an entity contra cting with the department pursuant to 694
1032	1032	this section. 695
1033	1033	Section 20. For the purpose of incorporating the amendment 696
1034	1034	made by this act to section 768.28, Florida Statutes, in a 697
1035	1035	reference thereto, subsection (3) of section 393.075, Florida 698
1036	1036	Statutes, is reenact ed to read: 699
1037	1037	393.075 General liability coverage. — 700
1038	1038
1039	1039	HB 799 2022
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1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	(3) This section shall not be construed as designating or 701
1051	1051	not designating that a person who owns or operates a foster care 702
1052	1052	facility or group home facility as described in this section or 703
1053	1053	any other person is an employee or agent of the state. Nothing 704
1054	1054	in this section amends, expands, or supersedes the provisions of 705
1055	1055	s. 768.28. 706
1056	1056	Section 21. For the purpose of incorporating the amendment 707
1057	1057	made by this act to section 768.28, Florida Statutes, in a 708
1058	1058	reference thereto, paragraph (g) of subsection (10) of section 709
1059	1059	395.1055, Florida Statutes, is reenacted to read: 710
1060	1060	395.1055 Rules and enforcement. — 711
1061	1061	(10) The agency shall establish a pediatric cardiac 712
1062	1062	technical advisory panel, pursuant to s. 20.052, to develop 713
1063	1063	procedures and standards for measuring outcomes of pediatric 714
1064	1064	cardiac catheterization programs and pediatric cardiovascular 715
1065	1065	surgery programs. 716
1066	1066	(g) Panel members are agents of the state for purposes of 717
1067	1067	s. 768.28 throughout the good faith performance of the dutie s 718
1068	1068	assigned to them by the Secretary of Health Care Administration. 719
1069	1069	Section 22. For the purpose of incorporating the amendment 720
1070	1070	made by this act to section 768.28, Florida Statutes, in a 721
1071	1071	reference thereto, paragraph (c) of subsection (17) of section 722
1072	1072	403.706, Florida Statutes, is reenacted to read: 723
1073	1073	403.706 Local government solid waste responsibilities. — 724
1074	1074	(17) To effect the purposes of this part, counties and 725
1075	1075
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1078	1078
1079	1079
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1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	municipalities are authorized, in addition to other powers 726
1088	1088	granted pursuant to this part: 727
1089	1089	(c) To waive sovereign immunity and immunity from suit in 728
1090	1090	federal court by vote of the governing body of the county or 729
1091	1091	municipality to the extent necessary to carry out the authority 730
1092	1092	granted in paragraphs (a) and (b), notwithstanding the 731
1093	1093	limitations prescribed in s. 768.28. 732
1094	1094	Section 23. For the purpose of incorporating the amendment 733
1095	1095	made by this act to section 768.28, Florida Statutes, in a 734
1096	1096	reference thereto, subsection (1), paragraph (a) of subsection 735
1097	1097	(2), and paragraph (a) of subsection (3) of section 409. 993, 736
1098	1098	Florida Statutes, are reenacted to read: 737
1099	1099	409.993 Lead agencies and subcontractor liability. — 738
1100	1100	(1) FINDINGS.— 739
1101	1101	(a) The Legislature finds that the state has traditionally 740
1102	1102	provided foster care services to children who are the 741
1103	1103	responsibility of the st ate. As such, foster children have not 742
1104	1104	had the right to recover for injuries beyond the limitations 743
1105	1105	specified in s. 768.28. The Legislature has determined that 744
1106	1106	foster care and related services should be outsourced pursuant 745
1107	1107	to this section and that the prov ision of such services is of 746
1108	1108	paramount importance to the state. The purpose of such 747
1109	1109	outsourcing is to increase the level of safety, security, and 748
1110	1110	stability of children who are or become the responsibility of 749
1111	1111	the state. One of the components necessary to se cure a safe and 750
1112	1112
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1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	stable environment for such children is the requirement that 751
1125	1125	private providers maintain liability insurance. As such, 752
1126	1126	insurance needs to be available and remain available to 753
1127	1127	nongovernmental foster care and related services providers 754
1128	1128	without the resources of such providers being significantly 755
1129	1129	reduced by the cost of maintaining such insurance. 756
1130	1130	(b) The Legislature further finds that, by requiring the 757
1131	1131	following minimum levels of insurance, children in outsourced 758
1132	1132	foster care and related service s will gain increased protection 759
1133	1133	and rights of recovery in the event of injury than currently 760
1134	1134	provided in s. 768.28. 761
1135	1135	(2) LEAD AGENCY LIABILITY. — 762
1136	1136	(a) Other than an entity to which s. 768.28 applies, an 763
1137	1137	eligible community-based care lead agency, or its e mployees or 764
1138	1138	officers, except as otherwise provided in paragraph (b), shall, 765
1139	1139	as a part of its contract, obtain a minimum of $1 million per 766
1140	1140	occurrence with a policy period aggregate limit of $3 million in 767
1141	1141	general liability insurance coverage. The lead agency must also 768
1142	1142	require that staff who transport client children and families in 769
1143	1143	their personal automobiles in order to carry out their job 770
1144	1144	responsibilities obtain minimum bodily injury liability 771
1145	1145	insurance in the amount of $100,000 per person per any one 772
1146	1146	automobile accident, and subject to such limits for each person, 773
1147	1147	$300,000 for all damages resulting from any one automobile 774
1148	1148	accident, on their personal automobiles. In lieu of personal 775
1149	1149
1150	1150	HB 799 2022
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1157	1157	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
1158	1158
1159	1159
1160	1160
1161	1161	motor vehicle insurance, the lead agency's casualty, liability, 776
1162	1162	or motor vehicle insurance carrier may provide nonowned 777
1163	1163	automobile liability coverage. This insurance provides liability 778
1164	1164	insurance for an automobile that the lead agency uses in 779
1165	1165	connection with the lead agency's business but does not own, 780
1166	1166	lease, rent, or borrow. This c overage includes an automobile 781
1167	1167	owned by an employee of the lead agency or a member of the 782
1168	1168	employee's household but only while the automobile is used in 783
1169	1169	connection with the lead agency's business. The nonowned 784
1170	1170	automobile coverage for the lead agency applies as excess 785
1171	1171	coverage over any other collectible insurance. The personal 786
1172	1172	automobile policy for the employee of the lead agency shall be 787
1173	1173	primary insurance, and the nonowned automobile coverage of the 788
1174	1174	lead agency acts as excess insurance to the primary insuran ce. 789
1175	1175	The lead agency shall provide a minimum limit of $1 million in 790
1176	1176	nonowned automobile coverage. In a tort action brought against 791
1177	1177	such a lead agency or employee, net economic damages shall be 792
1178	1178	limited to $2 million per liability claim and $200,000 per 793
1179	1179	automobile claim, including, but not limited to, past and future 794
1180	1180	medical expenses, wage loss, and loss of earning capacity, 795
1181	1181	offset by any collateral source payment paid or payable. In any 796
1182	1182	tort action brought against a lead agency, noneconomic damages 797
1183	1183	shall be limited to $400,000 per claim. A claims bill may be 798
1184	1184	brought on behalf of a claimant pursuant to s. 768.28 for any 799
1185	1185	amount exceeding the limits specified in this paragraph. Any 800
1186	1186
1187	1187	HB 799 2022
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1189	1189
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1194	1194	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
1195	1195
1196	1196
1197	1197
1198	1198	offset of collateral source payments made as of the date of the 801
1199	1199	settlement or judgment shall be in accordance with s. 768.76. 802
1200	1200	The lead agency is not liable in tort for the acts or omissions 803
1201	1201	of its subcontractors or the officers, agents, or employees of 804
1202	1202	its subcontractors. 805
1203	1203	(3) SUBCONTRACTOR LIABILITY. — 806
1204	1204	(a) A subcontractor of an eligi ble community-based care 807
1205	1205	lead agency that is a direct provider of foster care and related 808
1206	1206	services to children and families, and its employees or 809
1207	1207	officers, except as otherwise provided in paragraph (b), must, 810
1208	1208	as a part of its contract, obtain a minimum of $1 million per 811
1209	1209	occurrence with a policy period aggregate limit of $3 million in 812
1210	1210	general liability insurance coverage. The subcontractor of a 813
1211	1211	lead agency must also require that staff who transport client 814
1212	1212	children and families in their personal automobiles i n order to 815
1213	1213	carry out their job responsibilities obtain minimum bodily 816
1214	1214	injury liability insurance in the amount of $100,000 per person 817
1215	1215	in any one automobile accident, and subject to such limits for 818
1216	1216	each person, $300,000 for all damages resulting from any on e 819
1217	1217	automobile accident, on their personal automobiles. In lieu of 820
1218	1218	personal motor vehicle insurance, the subcontractor's casualty, 821
1219	1219	liability, or motor vehicle insurance carrier may provide 822
1220	1220	nonowned automobile liability coverage. This insurance provides 823
1221	1221	liability insurance for automobiles that the subcontractor uses 824
1222	1222	in connection with the subcontractor's business but does not 825
1223	1223
1224	1224	HB 799 2022
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1231	1231	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
1232	1232
1233	1233
1234	1234
1235	1235	own, lease, rent, or borrow. This coverage includes automobiles 826
1236	1236	owned by the employees of the subcontractor or a member of the 827
1237	1237	employee's household but only while the automobiles are used in 828
1238	1238	connection with the subcontractor's business. The nonowned 829
1239	1239	automobile coverage for the subcontractor applies as excess 830
1240	1240	coverage over any other collectible insurance. The personal 831
1241	1241	automobile policy for the employee of the subcontractor shall be 832
1242	1242	primary insurance, and the nonowned automobile coverage of the 833
1243	1243	subcontractor acts as excess insurance to the primary insurance. 834
1244	1244	The subcontractor shall provide a minimum limit of $1 million in 835
1245	1245	nonowned automobile coverage. In a tort action brought against 836
1246	1246	such subcontractor or employee, net economic damages shall be 837
1247	1247	limited to $2 million per liability claim and $200,000 per 838
1248	1248	automobile claim, including, but not limited to, past and future 839
1249	1249	medical expenses, wage loss , and loss of earning capacity, 840
1250	1250	offset by any collateral source payment paid or payable. In a 841
1251	1251	tort action brought against such subcontractor, noneconomic 842
1252	1252	damages shall be limited to $400,000 per claim. A claims bill 843
1253	1253	may be brought on behalf of a claimant p ursuant to s. 768.28 for 844
1254	1254	any amount exceeding the limits specified in this paragraph. Any 845
1255	1255	offset of collateral source payments made as of the date of the 846
1256	1256	settlement or judgment shall be in accordance with s. 768.76. 847
1257	1257	Section 24. For the purpose of incor porating the amendment 848
1258	1258	made by this act to section 768.28, Florida Statutes, in a 849
1259	1259	reference thereto, subsection (3) of section 455.221, Florida 850
1260	1260
1261	1261	HB 799 2022
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1268	1268	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
1269	1269
1270	1270
1271	1271
1272	1272	Statutes, is reenacted to read: 851
1273	1273	455.221 Legal and investigative services. — 852
1274	1274	(3) Any person retained by the de partment under contract 853
1275	1275	to review materials, make site visits, or provide expert 854
1276	1276	testimony regarding any complaint or application filed with the 855
1277	1277	department relating to a profession under the jurisdiction of 856
1278	1278	the department shall be considered an agent of th e department in 857
1279	1279	determining the state insurance coverage and sovereign immunity 858
1280	1280	protection applicability of ss. 284.31 and 768.28. 859
1281	1281	Section 25. For the purpose of incorporating the amendment 860
1282	1282	made by this act to section 768.28, Florida Statutes, in a 861
1283	1283	reference thereto, subsection (5) of section 455.32, Florida 862
1284	1284	Statutes, is reenacted to read: 863
1285	1285	455.32 Management Privatization Act. — 864
1286	1286	(5) Any such corporation may hire staff as necessary to 865
1287	1287	carry out its functions. Such staff are not public employees for 866
1288	1288	the purposes of chapter 110 or chapter 112, except that the 867
1289	1289	board of directors and the employees of the corporation are 868
1290	1290	subject to the provisions of s. 112.061 and part III of chapter 869
1291	1291	112. The provisions of s. 768.28 apply to each such corporation, 870
1292	1292	which is deemed to be a corporation primarily acting as an 871
1293	1293	instrumentality of the state but which is not an agency within 872
1294	1294	the meaning of s. 20.03(11). 873
1295	1295	Section 26. For the purpose of incorporating the amendment 874
1296	1296	made by this act to section 768.28, Florida Statutes, in a 875
1297	1297
1298	1298	HB 799 2022
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1300	1300
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1305	1305	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
1306	1306
1307	1307
1308	1308
1309	1309	reference thereto, subsection (3) of section 456.009, Florida 876
1310	1310	Statutes, is reenacted to read: 877
1311	1311	456.009 Legal and investigative services. — 878
1312	1312	(3) Any person retained by the department under contract 879
1313	1313	to review materials, make site visits, or provide expert 880
1314	1314	testimony regarding any complaint or application filed with the 881
1315	1315	department relating to a profession under the jurisdiction of 882
1316	1316	the department shall be considered an agent of the department in 883
1317	1317	determining the state insurance coverage and sovereign immunity 884
1318	1318	protection applicability of ss. 284.31 and 768.28. 885
1319	1319	Section 27. For the purpose of incorporating the amendment 886
1320	1320	made by this act to secti on 768.28, Florida Statutes, in a 887
1321	1321	reference thereto, paragraph (a) of subsection (15) of section 888
1322	1322	456.076, Florida Statutes, is reenacted to read: 889
1323	1323	456.076 Impaired practitioner programs. — 890
1324	1324	(15)(a) A consultant retained pursuant to this section and 891
1325	1325	a consultant's directors, officers, employees, or agents shall 892
1326	1326	be considered agents of the department for purposes of s. 768.28 893
1327	1327	while acting within the scope of the consultant's duties under 894
1328	1328	the contract with the department. 895
1329	1329	Section 28. For the purpose of in corporating the amendment 896
1330	1330	made by this act to section 768.28, Florida Statutes, in a 897
1331	1331	reference thereto, subsection (3) of section 471.038, Florida 898
1332	1332	Statutes, is reenacted to read: 899
1333	1333	471.038 Florida Engineers Management Corporation. — 900
1334	1334
1335	1335	HB 799 2022
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1337	1337
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1342	1342	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
1343	1343
1344	1344
1345	1345
1346	1346	(3) The Florida Engine ers Management Corporation is 901
1347	1347	created to provide administrative, investigative, and 902
1348	1348	prosecutorial services to the board in accordance with the 903
1349	1349	provisions of chapter 455 and this chapter. The management 904
1350	1350	corporation may hire staff as necessary to carry out i ts 905
1351	1351	functions. Such staff are not public employees for the purposes 906
1352	1352	of chapter 110 or chapter 112, except that the board of 907
1353	1353	directors and the staff are subject to the provisions of s. 908
1354	1354	112.061. The provisions of s. 768.28 apply to the management 909
1355	1355	corporation, which is deemed to be a corporation primarily 910
1356	1356	acting as an instrumentality of the state, but which is not an 911
1357	1357	agency within the meaning of s. 20.03(11). The management 912
1358	1358	corporation shall: 913
1359	1359	(a) Be a Florida corporation not for profit, incorporated 914
1360	1360	under the provisions of chapter 617. 915
1361	1361	(b) Provide administrative, investigative, and 916
1362	1362	prosecutorial services to the board in accordance with the 917
1363	1363	provisions of chapter 455, this chapter, and the contract 918
1364	1364	required by this section. 919
1365	1365	(c) Receive, hold, and administer property and make only 920
1366	1366	prudent expenditures directly related to the responsibilities of 921
1367	1367	the board, and in accordance with the contract required by this 922
1368	1368	section. 923
1369	1369	(d) Be approved by the board, and the department, to 924
1370	1370	operate for the benefit of the board and in the best interest of 925
1371	1371
1372	1372	HB 799 2022
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1379	1379	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
1380	1380
1381	1381
1382	1382
1383	1383	the state. 926
1384	1384	(e) Operate under a fiscal year that begins on July 1 of 927
1385	1385	each year and ends on June 30 of the following year. 928
1386	1386	(f) Have a seven-member board of directors, five of whom 929
1387	1387	are to be appointed by the board and must be regi strants 930
1388	1388	regulated by the board and two of whom are to be appointed by 931
1389	1389	the secretary and must be laypersons not regulated by the board. 932
1390	1390	All appointments shall be for 4 -year terms. No member shall 933
1391	1391	serve more than two consecutive terms. Failure to attend thre e 934
1392	1392	consecutive meetings shall be deemed a resignation from the 935
1393	1393	board, and the vacancy shall be filled by a new appointment. 936
1394	1394	(g) Select its officers in accordance with its bylaws. The 937
1395	1395	members of the board of directors who were appointed by the 938
1396	1396	board may be removed by the board. 939
1397	1397	(h) Select the president of the management corporation, 940
1398	1398	who shall also serve as executive director to the board, subject 941
1399	1399	to approval of the board. 942
1400	1400	(i) Use a portion of the interest derived from the 943
1401	1401	management corporation account to offset the costs associated 944
1402	1402	with the use of credit cards for payment of fees by applicants 945
1403	1403	or licensees. 946
1404	1404	(j) Operate under a written contract with the department 947
1405	1405	which is approved by the board. The contract must provide for, 948
1406	1406	but is not limited to: 949
1407	1407	1. Submission by the management corporation of an annual 950
1408	1408
1409	1409	HB 799 2022
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1416	1416	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
1417	1417
1418	1418
1419	1419
1420	1420	budget that complies with board rules for approval by the board 951
1421	1421	and the department. 952
1422	1422	2. Annual certification by the board and the department 953
1423	1423	that the management corporation is complying with the term s of 954
1424	1424	the contract in a manner consistent with the goals and purposes 955
1425	1425	of the board and in the best interest of the state. This 956
1426	1426	certification must be reported in the board's minutes. The 957
1427	1427	contract must also provide for methods and mechanisms to resolve 958
1428	1428	any situation in which the certification process determines 959
1429	1429	noncompliance. 960
1430	1430	3. Funding of the management corporation through 961
1431	1431	appropriations allocated to the regulation of professional 962
1432	1432	engineers from the Professional Regulation Trust Fund. 963
1433	1433	4. The reversion to the board, or the state if the board 964
1434	1434	ceases to exist, of moneys, records, data, and property held in 965
1435	1435	trust by the management corporation for the benefit of the 966
1436	1436	board, if the management corporation is no longer approved to 967
1437	1437	operate for the board or the board ceases to exist. All records 968
1438	1438	and data in a computerized database shall be returned to the 969
1439	1439	department in a form that is compatible with the computerized 970
1440	1440	database of the department. 971
1441	1441	5. The securing and maintaining by the management 972
1442	1442	corporation, during the term of the contract and for all acts 973
1443	1443	performed during the term of the contract, of all liability 974
1444	1444	insurance coverages in an amount to be approved by the board to 975
1445	1445
1446	1446	HB 799 2022
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1448	1448
1449	1449
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1453	1453	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
1454	1454
1455	1455
1456	1456
1457	1457	defend, indemnify, and hold harmless the management corporation 976
1458	1458	and its officers and employee s, the department and its 977
1459	1459	employees, and the state against all claims arising from state 978
1460	1460	and federal laws. Such insurance coverage must be with insurers 979
1461	1461	qualified and doing business in the state. The management 980
1462	1462	corporation must provide proof of insurance t o the department. 981
1463	1463	The department and its employees and the state are exempt from 982
1464	1464	and are not liable for any sum of money which represents a 983
1465	1465	deductible, which sums shall be the sole responsibility of the 984
1466	1466	management corporation. Violation of this subparagrap h shall be 985
1467	1467	grounds for terminating the contract. 986
1468	1468	6. Payment by the management corporation, out of its 987
1469	1469	allocated budget, to the department of all costs of 988
1470	1470	representation by the board counsel, including salary and 989
1471	1471	benefits, travel, and any other compensati on traditionally paid 990
1472	1472	by the department to other board counsel. 991
1473	1473	7. Payment by the management corporation, out of its 992
1474	1474	allocated budget, to the department of all costs incurred by the 993
1475	1475	management corporation or the board for the Division of 994
1476	1476	Administrative Hearings of the Department of Management Services 995
1477	1477	and any other cost for utilization of these state services. 996
1478	1478	8. Payment by the management corporation, out of its 997
1479	1479	allocated budget, to the department of reasonable costs 998
1480	1480	associated with the contract monitor . 999
1481	1481	(k) Provide for an annual financial audit of its financial 1000
1482	1482
1483	1483	HB 799 2022
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1485	1485
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1490	1490	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
1491	1491
1492	1492
1493	1493
1494	1494	accounts and records by an independent certified public 1001
1495	1495	accountant. The annual audit report shall include a management 1002
1496	1496	letter in accordance with s. 11.45 and a detailed supplemental 1003
1497	1497	schedule of expenditures for each expenditure category. The 1004
1498	1498	annual audit report must be submitted to the board, the 1005
1499	1499	department, and the Auditor General for review. 1006
1500	1500	(l) Provide for persons not employed by the corporation 1007
1501	1501	who are charged with the responsibility of re ceiving and 1008
1502	1502	depositing fee and fine revenues to have a faithful performance 1009
1503	1503	bond in such an amount and according to such terms as shall be 1010
1504	1504	determined in the contract. 1011
1505	1505	(m) Submit to the secretary, the board, and the 1012
1506	1506	Legislature, on or before October 1 of each year, a report on 1013
1507	1507	the status of the corporation which includes, but is not limited 1014
1508	1508	to, information concerning the programs and funds that have been 1015
1509	1509	transferred to the corporation. The report must include: the 1016
1510	1510	number of license applications received; t he number approved and 1017
1511	1511	denied and the number of licenses issued; the number of 1018
1512	1512	examinations administered and the number of applicants who 1019
1513	1513	passed or failed the examination; the number of complaints 1020
1514	1514	received; the number determined to be legally sufficient; t he 1021
1515	1515	number dismissed; the number determined to have probable cause; 1022
1516	1516	the number of administrative complaints issued and the status of 1023
1517	1517	the complaints; and the number and nature of disciplinary 1024
1518	1518	actions taken by the board. 1025
1519	1519
1520	1520	HB 799 2022
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1522	1522
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1527	1527	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
1528	1528
1529	1529
1530	1530
1531	1531	(n) Develop and submit to the depart ment, performance 1026
1532	1532	standards and measurable outcomes for the board to adopt by rule 1027
1533	1533	in order to facilitate efficient and cost -effective regulation. 1028
1534	1534	Section 29. For the purpose of incorporating the amendment 1029
1535	1535	made by this act to section 768.28, Florida St atutes, in a 1030
1536	1536	reference thereto, paragraph (b) of subsection (11) of section 1031
1537	1537	472.006, Florida Statutes, is reenacted to read: 1032
1538	1538	472.006 Department; powers and duties. —The department 1033
1539	1539	shall: 1034
1540	1540	(11) Provide legal counsel for the board by contracting 1035
1541	1541	with the Department of Legal Affairs, by retaining private 1036
1542	1542	counsel pursuant to s. 287.059, or by providing department staff 1037
1543	1543	counsel. The board shall periodically review and evaluate the 1038
1544	1544	services provided by its board counsel. Fees and costs of such 1039
1545	1545	counsel shall be paid from the General Inspection Trust Fund, 1040
1546	1546	subject to ss. 215.37 and 472.011. All contracts for independent 1041
1547	1547	legal counsel must provide for periodic review and evaluation by 1042
1548	1548	the board and the department of services provided. 1043
1549	1549	(b) Any person retained by t he department under contract 1044
1550	1550	to review materials, make site visits, or provide expert 1045
1551	1551	testimony regarding any complaint or application filed with the 1046
1552	1552	department relating to the practice of surveying and mapping 1047
1553	1553	shall be considered an agent of the departmen t in determining 1048
1554	1554	the state insurance coverage and sovereign immunity protection 1049
1555	1555	applicability of ss. 284.31 and 768.28. 1050
1556	1556
1557	1557	HB 799 2022
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1559	1559
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1564	1564	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
1565	1565
1566	1566
1567	1567
1568	1568	Section 30. For the purpose of incorporating the amendment 1051
1569	1569	made by this act to section 768.28, Florida Statutes, in a 1052
1570	1570	reference thereto, subsection (7) of section 497.167, Florida 1053
1571	1571	Statutes, is reenacted to read: 1054
1572	1572	497.167 Administrative matters. — 1055
1573	1573	(7) Any person retained by the department under contract 1056
1574	1574	to review materials, make site visits, or provide expert 1057
1575	1575	testimony regarding any c omplaint or application filed with the 1058
1576	1576	department, relating to regulation under this chapter, shall be 1059
1577	1577	considered an agent of the department in determining the state 1060
1578	1578	insurance coverage and sovereign immunity protection 1061
1579	1579	applicability of ss. 284.31 and 768.2 8. 1062
1580	1580	Section 31. For the purpose of incorporating the amendment 1063
1581	1581	made by this act to section 768.28, Florida Statutes, in a 1064
1582	1582	reference thereto, subsection (2) of section 513.118, Florida 1065
1583	1583	Statutes, is reenacted to read: 1066
1584	1584	513.118 Conduct on premises; refusa l of service.— 1067
1585	1585	(2) The operator of a recreational vehicle park may 1068
1586	1586	request that a transient guest or visitor who violates 1069
1587	1587	subsection (1) leave the premises immediately. A person who 1070
1588	1588	refuses to leave the premises commits the offense of trespass as 1071
1589	1589	provided in s. 810.08, and the operator may call a law 1072
1590	1590	enforcement officer to have the person and his or her property 1073
1591	1591	removed under the supervision of the officer. A law enforcement 1074
1592	1592	officer is not liable for any claim involving the removal of the 1075
1593	1593
1594	1594	HB 799 2022
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1596	1596
1597	1597
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1601	1601	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
1602	1602
1603	1603
1604	1604
1605	1605	person or property from the recreational vehicle park under this 1076
1606	1606	section, except as provided in s. 768.28. If conditions do not 1077
1607	1607	allow for immediate removal of the person's property, he or she 1078
1608	1608	may arrange a reasonable time, not to exceed 48 hours, with the 1079
1609	1609	operator to come remove the property, accompanied by a law 1080
1610	1610	enforcement officer. 1081
1611	1611	Section 32. For the purpose of incorporating the amendment 1082
1612	1612	made by this act to section 768.28, Florida Statutes, in a 1083
1613	1613	reference thereto, subsection (1) of section 548.046, Florida 1084
1614	1614	Statutes, is reenacted to read: 1085
1615	1615	548.046 Physician's attendance at match; examinations; 1086
1616	1616	cancellation of match. — 1087
1617	1617	(1) The commission, or the commission representative, 1088
1618	1618	shall assign to each match at least one physician who shall 1089
1619	1619	observe the physical condition of t he participants and advise 1090
1620	1620	the commissioner or commission representative in charge and the 1091
1621	1621	referee of the participants' conditions before, during, and 1092
1622	1622	after the match. The commission shall establish a schedule of 1093
1623	1623	fees for the physician's services. The phys ician's fee shall be 1094
1624	1624	paid by the promoter of the match attended by the physician. The 1095
1625	1625	physician shall be considered an agent of the commission in 1096
1626	1626	determining the state insurance coverage and sovereign immunity 1097
1627	1627	protection applicability of ss. 284.31 and 768 .28. 1098
1628	1628	Section 33. For the purpose of incorporating the amendment 1099
1629	1629	made by this act to section 768.28, Florida Statutes, in a 1100
1630	1630
1631	1631	HB 799 2022
1632	1632
1633	1633
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1638	1638	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
1639	1639
1640	1640
1641	1641
1642	1642	reference thereto, subsection (8) of section 556.106, Florida 1101
1643	1643	Statutes, is reenacted to read: 1102
1644	1644	556.106 Liability of the member o perator, excavator, and 1103
1645	1645	system.— 1104
1646	1646	(8) Any liability of the state, its agencies, or its 1105
1647	1647	subdivisions which arises out of this chapter is subject to the 1106
1648	1648	provisions of s. 768.28. 1107
1649	1649	Section 34. For the purpose of incorporating the amendment 1108
1650	1650	made by this act to section 768.28, Florida Statutes, in a 1109
1651	1651	reference thereto, paragraph (e) of subsection (4) of section 1110
1652	1652	589.19, Florida Statutes, is reenacted to read: 1111
1653	1653	589.19 Creation of certain state forests; naming of 1112
1654	1654	certain state forests; Operation Outdoor Freedom Program.— 1113
1655	1655	(4) 1114
1656	1656	(e)1. A private landowner who provides land for 1115
1657	1657	designation and use as an Operation Outdoor Freedom Program 1116
1658	1658	hunting site shall have limited liability pursuant to s. 1117
1659	1659	375.251. 1118
1660	1660	2. A private landowner who consents to the designation and 1119
1661	1661	use of land as part of the Operation Outdoor Freedom Program 1120
1662	1662	without compensation shall be considered a volunteer, as defined 1121
1663	1663	in s. 110.501, and shall be covered by state liability 1122
1664	1664	protection pursuant to s. 768.28, including s. 768.28(9). 1123
1665	1665	3. This subsection does not: 1124
1666	1666	a. Relieve any person of liability that would otherwise 1125
1667	1667
1668	1668	HB 799 2022
1669	1669
1670	1670
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1675	1675	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
1676	1676
1677	1677
1678	1678
1679	1679	exist for deliberate, willful, or malicious injury to persons or 1126
1680	1680	property. 1127
1681	1681	b. Create or increase the liability of any person. 1128
1682	1682	Section 35. For the purpose of incorporating the amendme nt 1129
1683	1683	made by this act to section 768.28, Florida Statutes, in a 1130
1684	1684	reference thereto, paragraph (c) of subsection (2) of section 1131
1685	1685	723.0611, Florida Statutes, is reenacted to read: 1132
1686	1686	723.0611 Florida Mobile Home Relocation Corporation. — 1133
1687	1687	(2) 1134
1688	1688	(c) The corporation shall, for purposes of s. 768.28, be 1135
1689	1689	considered an agency of the state. Agents or employees of the 1136
1690	1690	corporation, members of the board of directors of the 1137
1691	1691	corporation, or representatives of the Division of Florida 1138
1692	1692	Condominiums, Timeshares, and Mobile Homes shall be considered 1139
1693	1693	officers, employees, or agents of the state, and actions against 1140
1694	1694	them and the corporation shall be governed by s. 768.28. 1141
1695	1695	Section 36. For the purpose of incorporating the amendment 1142
1696	1696	made by this act to section 768.28, Florida Statutes, in a 1143
1697	1697	reference thereto, subsection (5) of section 760.11, Florida 1144
1698	1698	Statutes, is reenacted to read: 1145
1699	1699	760.11 Administrative and civil remedies; construction. — 1146
1700	1700	(5) In any civil action brought under this section, the 1147
1701	1701	court may issue an order prohib iting the discriminatory practice 1148
1702	1702	and providing affirmative relief from the effects of the 1149
1703	1703	practice, including back pay. The court may also award 1150
1704	1704
1705	1705	HB 799 2022
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1707	1707
1708	1708
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1712	1712	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
1713	1713
1714	1714
1715	1715
1716	1716	compensatory damages, including, but not limited to, damages for 1151
1717	1717	mental anguish, loss of dignity, and any othe r intangible 1152
1718	1718	injuries, and punitive damages. The provisions of ss. 768.72 and 1153
1719	1719	768.73 do not apply to this section. The judgment for the total 1154
1720	1720	amount of punitive damages awarded under this section to an 1155
1721	1721	aggrieved person shall not exceed $100,000. In any act ion or 1156
1722	1722	proceeding under this subsection, the court, in its discretion, 1157
1723	1723	may allow the prevailing party a reasonable attorney's fee as 1158
1724	1724	part of the costs. It is the intent of the Legislature that this 1159
1725	1725	provision for attorney's fees be interpreted in a manner 1160
1726	1726	consistent with federal case law involving a Title VII action. 1161
1727	1727	The right to trial by jury is preserved in any such private 1162
1728	1728	right of action in which the aggrieved person is seeking 1163
1729	1729	compensatory or punitive damages, and any party may demand a 1164
1730	1730	trial by jury. The commission's determination of reasonable 1165
1731	1731	cause is not admissible into evidence in any civil proceeding, 1166
1732	1732	including any hearing or trial, except to establish for the 1167
1733	1733	court the right to maintain the private right of action. A civil 1168
1734	1734	action brought under thi s section shall be commenced no later 1169
1735	1735	than 1 year after the date of determination of reasonable cause 1170
1736	1736	by the commission. The commencement of such action shall divest 1171
1737	1737	the commission of jurisdiction of the complaint, except that the 1172
1738	1738	commission may intervene in the civil action as a matter of 1173
1739	1739	right. Notwithstanding the above, the state and its agencies and 1174
1740	1740	subdivisions shall not be liable for punitive damages. The total 1175
1741	1741
1742	1742	HB 799 2022
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1749	1749	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
1750	1750
1751	1751
1752	1752
1753	1753	amount of recovery against the state and its agencies and 1176
1754	1754	subdivisions shall not exceed the limitation as set forth in s. 1177
1755	1755	768.28(5). 1178
1756	1756	Section 37. For the purpose of incorporating the amendment 1179
1757	1757	made by this act to section 768.28, Florida Statutes, in a 1180
1758	1758	reference thereto, subsection (5) of section 766.1115, Florida 1181
1759	1759	Statutes, is reenacted to rea d: 1182
1760	1760	766.1115 Health care providers; creation of agency 1183
1761	1761	relationship with governmental contractors. — 1184
1762	1762	(5) NOTICE OF AGENCY RELATIONSHIP. —The governmental 1185
1763	1763	contractor must provide written notice to each patient, or the 1186
1764	1764	patient's legal representative, receip t of which must be 1187
1765	1765	acknowledged in writing, that the provider is an agent of the 1188
1766	1766	governmental contractor and that the exclusive remedy for injury 1189
1767	1767	or damage suffered as the result of any act or omission of the 1190
1768	1768	provider or of any employee or agent thereof ac ting within the 1191
1769	1769	scope of duties pursuant to the contract is by commencement of 1192
1770	1770	an action pursuant to the provisions of s. 768.28. With respect 1193
1771	1771	to any federally funded community health center, the notice 1194
1772	1772	requirements may be met by posting in a place conspic uous to all 1195
1773	1773	persons a notice that the federally funded community health 1196
1774	1774	center is an agent of the governmental contractor and that the 1197
1775	1775	exclusive remedy for injury or damage suffered as the result of 1198
1776	1776	any act or omission of the provider or of any employee or agent 1199
1777	1777	thereof acting within the scope of duties pursuant to the 1200
1778	1778
1779	1779	HB 799 2022
1780	1780
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1786	1786	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
1787	1787
1788	1788
1789	1789
1790	1790	contract is by commencement of an action pursuant to the 1201
1791	1791	provisions of s. 768.28. 1202
1792	1792	Section 38. For the purpose of incorporating the amendment 1203
1793	1793	made by this act to section 768.28, Florida St atutes, in a 1204
1794	1794	reference thereto, subsection (2) of section 766.112, Florida 1205
1795	1795	Statutes, is reenacted to read: 1206
1796	1796	766.112 Comparative fault. — 1207
1797	1797	(2) In an action for damages for personal injury or 1208
1798	1798	wrongful death arising out of medical negligence, whether in 1209
1799	1799	contract or tort, when an apportionment of damages pursuant to 1210
1800	1800	s. 768.81 is attributed to a board of trustees of a state 1211
1801	1801	university, the court shall enter judgment against the board of 1212
1802	1802	trustees on the basis of the board's percentage of fault and not 1213
1803	1803	on the basis of the doctrine of joint and several liability. The 1214
1804	1804	sole remedy available to a claimant to collect a judgment or 1215
1805	1805	settlement against a board of trustees, subject to the 1216
1806	1806	provisions of this subsection, shall be pursuant to s. 768.28. 1217
1807	1807	Section 39. For the purpose of incorporating the amendment 1218
1808	1808	made by this act to section 768.28, Florida Statutes, in a 1219
1809	1809	reference thereto, subsection (3) of section 768.1355, Florida 1220
1810	1810	Statutes, is reenacted to read: 1221
1811	1811	768.1355 Florida Volunteer Protection Act. — 1222
1812	1812	(3) Members of elected or appointed boards, councils, and 1223
1813	1813	commissions of the state, counties, municipalities, authorities, 1224
1814	1814	and special districts shall incur no civil liability and shall 1225
1815	1815
1816	1816	HB 799 2022
1817	1817
1818	1818
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1823	1823	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
1824	1824
1825	1825
1826	1826
1827	1827	have immunity from suit as provided in s. 768.28 for acts or 1226
1828	1828	omissions by members r elating to members' conduct of their 1227
1829	1829	official duties. It is the intent of the Legislature to 1228
1830	1830	encourage our best and brightest people to serve on elected and 1229
1831	1831	appointed boards, councils, and commissions. 1230
1832	1832	Section 40. For the purpose of incorporating the a mendment 1231
1833	1833	made by this act to section 768.28, Florida Statutes, in a 1232
1834	1834	reference thereto, subsection (4) of section 768.295, Florida 1233
1835	1835	Statutes, is reenacted to read: 1234
1836	1836	768.295 Strategic Lawsuits Against Public Participation 1235
1837	1837	(SLAPP) prohibited.— 1236
1838	1838	(4) A person or entity sued by a governmental entity or 1237
1839	1839	another person in violation of this section has a right to an 1238
1840	1840	expeditious resolution of a claim that the suit is in violation 1239
1841	1841	of this section. A person or entity may move the court for an 1240
1842	1842	order dismissing the acti on or granting final judgment in favor 1241
1843	1843	of that person or entity. The person or entity may file a motion 1242
1844	1844	for summary judgment, together with supplemental affidavits, 1243
1845	1845	seeking a determination that the claimant's or governmental 1244
1846	1846	entity's lawsuit has been broug ht in violation of this section. 1245
1847	1847	The claimant or governmental entity shall thereafter file a 1246
1848	1848	response and any supplemental affidavits. As soon as 1247
1849	1849	practicable, the court shall set a hearing on the motion, which 1248
1850	1850	shall be held at the earliest possible time af ter the filing of 1249
1851	1851	the claimant's or governmental entity's response. The court may 1250
1852	1852
1853	1853	HB 799 2022
1854	1854
1855	1855
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1860	1860	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
1861	1861
1862	1862
1863	1863
1864	1864	award, subject to the limitations in s. 768.28, the party sued 1251
1865	1865	by a governmental entity actual damages arising from a 1252
1866	1866	governmental entity's violation of this section. The cou rt shall 1253
1867	1867	award the prevailing party reasonable attorney fees and costs 1254
1868	1868	incurred in connection with a claim that an action was filed in 1255
1869	1869	violation of this section. 1256
1870	1870	Section 41. For the purpose of incorporating the amendment 1257
1871	1871	made by this act to section 768 .28, Florida Statutes, in a 1258
1872	1872	reference thereto, subsection (2) of section 944.713, Florida 1259
1873	1873	Statutes, is reenacted to read: 1260
1874	1874	944.713 Insurance against liability. — 1261
1875	1875	(2) The contract shall provide for indemnification of the 1262
1876	1876	state by the private vendor for an y liabilities incurred up to 1263
1877	1877	the limits provided under s. 768.28(5). The contract shall 1264
1878	1878	provide that the private vendor, or the insurer of the private 1265
1879	1879	vendor, is liable to pay any claim or judgment for any one 1266
1880	1880	person which does not exceed the sum of $100,0 00 or any claim or 1267
1881	1881	judgment, or portions thereof, which, when totaled with all 1268
1882	1882	other claims or judgments arising out of the same incident or 1269
1883	1883	occurrence, does not exceed the sum of $200,000. In addition, 1270
1884	1884	the contractor must agree to defend, hold harmless, a nd 1271
1885	1885	indemnify the department against any and all actions, claims, 1272
1886	1886	damages and losses, including costs and attorney's fees. 1273
1887	1887	Section 42. For the purpose of incorporating the amendment 1274
1888	1888	made by this act to section 768.28, Florida Statutes, in a 1275
1889	1889
1890	1890	HB 799 2022
1891	1891
1892	1892
1893	1893
1894	1894	CODING: Words stricken are deletions; words underlined are additions.
1895	1895	hb0799-00
1896	1896	Page 52 of 59
1897	1897	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
1898	1898
1899	1899
1900	1900
1901	1901	reference thereto, section 946.5026, Florida Statutes, is 1276
1902	1902	reenacted to read: 1277
1903	1903	946.5026 Sovereign immunity in tort actions. —The 1278
1904	1904	provisions of s. 768.28 shall be applicable to the corporation 1279
1905	1905	established under this part, which is deemed to be a corporation 1280
1906	1906	primarily acting as an instrumentality of the state. 1281
1907	1907	Section 43. For the purpose of incorporating the amendment 1282
1908	1908	made by this act to section 768.28, Florida Statutes, in a 1283
1909	1909	reference thereto, subsection (3) of section 946.514, Florida 1284
1910	1910	Statutes, is reenacted to read: 1285
1911	1911	946.514 Civil rights of inmates; inmates not state 1286
1912	1912	employees; liability of corporation for inmate injuries. — 1287
1913	1913	(3) The corporation is liable for inmate injury to the 1288
1914	1914	extent specified in s. 768.28; however, the members of the board 1289
1915	1915	of directors are not i ndividually liable to any inmate for any 1290
1916	1916	injury sustained in any correctional work program operated by 1291
1917	1917	the corporation. 1292
1918	1918	Section 44. For the purpose of incorporating the amendment 1293
1919	1919	made by this act to section 768.28, Florida Statutes, in a 1294
1920	1920	reference thereto, subsections (5), (6), and (7) of section 1295
1921	1921	961.06, Florida Statutes, are reenacted to read: 1296
1922	1922	961.06 Compensation for wrongful incarceration. — 1297
1923	1923	(5) Before the department approves the application for 1298
1924	1924	compensation, the wrongfully incarcerated person must sign a 1299
1925	1925	release and waiver on behalf of the wrongfully incarcerated 1300
1926	1926
1927	1927	HB 799 2022
1928	1928
1929	1929
1930	1930
1931	1931	CODING: Words stricken are deletions; words underlined are additions.
1932	1932	hb0799-00
1933	1933	Page 53 of 59
1934	1934	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
1935	1935
1936	1936
1937	1937
1938	1938	person and his or her heirs, successors, and assigns, forever 1301
1939	1939	releasing the state or any agency, instrumentality, or any 1302
1940	1940	political subdivision thereof, or any other entity subject to s. 1303
1941	1941	768.28, from all present or future claims that the wrongfully 1304
1942	1942	incarcerated person or his or her heirs, successors, or assigns 1305
1943	1943	may have against such entities arising out of the facts in 1306
1944	1944	connection with the wrongful conviction for which compensation 1307
1945	1945	is being sought under the act. 1308
1946	1946	(6)(a) A wrongfully incarcerated person may not submit an 1309
1947	1947	application for compensation under this act if the person has a 1310
1948	1948	lawsuit pending against the state or any agency, 1311
1949	1949	instrumentality, or any political subdivision thereof, or any 1312
1950	1950	other entity subject to the provisions of s. 768.28, in state or 1313
1951	1951	federal court requesting compensation arising out of the facts 1314
1952	1952	in connection with the claimant's conviction and incarceration. 1315
1953	1953	(b) A wrongfully incarcerated person may not submit an 1316
1954	1954	application for compensation under this act if the person is the 1317
1955	1955	subject of a claim bill pending for claims arising out of the 1318
1956	1956	facts in connection with the claimant's conviction and 1319
1957	1957	incarceration. 1320
1958	1958	(c) Once an application is filed under this act, a 1321
1959	1959	wrongfully incarcerated person may not pursue recovery under a 1322
1960	1960	claim bill until the final disposition of the application. 1323
1961	1961	(d) Any amount awarded under this act is intended to 1324
1962	1962	provide the sole compensation for any and all present and future 1325
1963	1963
1964	1964	HB 799 2022
1965	1965
1966	1966
1967	1967
1968	1968	CODING: Words stricken are deletions; words underlined are additions.
1969	1969	hb0799-00
1970	1970	Page 54 of 59
1971	1971	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
1972	1972
1973	1973
1974	1974
1975	1975	claims arising out of the facts in connection with the 1326
1976	1976	claimant's conviction and incarceration. Upon notification by 1327
1977	1977	the department that an application meets the requirements of 1328
1978	1978	this act, a wrongfully incarcerated person may not recover under 1329
1979	1979	a claim bill. 1330
1980	1980	(e) Any compensation a warded under a claim bill shall be 1331
1981	1981	the sole redress for claims arising out of the facts in 1332
1982	1982	connection with the claimant's conviction and incarceration and, 1333
1983	1983	upon any award of compensation to a wrongfully incarcerated 1334
1984	1984	person under a claim bill, the person ma y not receive 1335
1985	1985	compensation under this act. 1336
1986	1986	(7) Any payment made under this act does not constitute a 1337
1987	1987	waiver of any defense of sovereign immunity or an increase in 1338
1988	1988	the limits of liability on behalf of the state or any person 1339
1989	1989	subject to the provisions of s . 768.28 or other law. 1340
1990	1990	Section 45. For the purpose of incorporating the amendment 1341
1991	1991	made by this act to section 768.28, Florida Statutes, in a 1342
1992	1992	reference thereto, paragraph (h) of subsection (12) of section 1343
1993	1993	1002.33, Florida Statutes, is reenacted to read: 1344
1994	1994	1002.33 Charter schools. — 1345
1995	1995	(12) EMPLOYEES OF CHARTER SCHOOLS. — 1346
1996	1996	(h) For the purposes of tort liability, the charter 1347
1997	1997	school, including its governing body and employees, shall be 1348
1998	1998	governed by s. 768.28. This paragraph does not include any for -1349
1999	1999	profit entity contracted by the charter school or its governing 1350
2000	2000
2001	2001	HB 799 2022
2002	2002
2003	2003
2004	2004
2005	2005	CODING: Words stricken are deletions; words underlined are additions.
2006	2006	hb0799-00
2007	2007	Page 55 of 59
2008	2008	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
2009	2009
2010	2010
2011	2011
2012	2012	body. 1351
2013	2013	Section 46. For the purpose of incorporating the amendment 1352
2014	2014	made by this act to section 768.28, Florida Statutes, in a 1353
2015	2015	reference thereto, paragraph (b) of subsection (6) of section 1354
2016	2016	1002.333, Florida Statutes, is reenacted to read: 1355
2017	2017	1002.333 Persistently low -performing schools.— 1356
2018	2018	(6) STATUTORY AUTHORITY. — 1357
2019	2019	(b) For the purposes of tort liability, the hope operator, 1358
2020	2020	the school of hope, and its employees or agents shall be 1359
2021	2021	governed by s. 768.28. T he sponsor shall not be liable for civil 1360
2022	2022	damages under state law for the employment actions or personal 1361
2023	2023	injury, property damage, or death resulting from an act or 1362
2024	2024	omission of a hope operator, the school of hope, or its 1363
2025	2025	employees or agents. This paragraph d oes not include any for -1364
2026	2026	profit entity contracted by the charter school or its governing 1365
2027	2027	body. 1366
2028	2028	Section 47. For the purpose of incorporating the amendment 1367
2029	2029	made by this act to section 768.28, Florida Statutes, in a 1368
2030	2030	reference thereto, subsection (17) of se ction 1002.34, Florida 1369
2031	2031	Statutes, is reenacted to read: 1370
2032	2032	1002.34 Charter technical career centers. — 1371
2033	2033	(17) IMMUNITY.—For the purposes of tort liability, the 1372
2034	2034	governing body and employees of a center are governed by s. 1373
2035	2035	768.28. 1374
2036	2036	Section 48. For the purpose of incorporating the amendment 1375
2037	2037
2038	2038	HB 799 2022
2039	2039
2040	2040
2041	2041
2042	2042	CODING: Words stricken are deletions; words underlined are additions.
2043	2043	hb0799-00
2044	2044	Page 56 of 59
2045	2045	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
2046	2046
2047	2047
2048	2048
2049	2049	made by this act to section 768.28, Florida Statutes, in a 1376
2050	2050	reference thereto, paragraph (l) of subsection (3) of section 1377
2051	2051	1002.55, Florida Statutes, is reenacted to read: 1378
2052	2052	1002.55 School-year prekindergarten program delivere d by 1379
2053	2053	private prekindergarten providers. — 1380
2054	2054	(3) To be eligible to deliver the prekindergarten program, 1381
2055	2055	a private prekindergarten provider must meet each of the 1382
2056	2056	following requirements: 1383
2057	2057	(l) Notwithstanding paragraph (j), for a private 1384
2058	2058	prekindergarten provid er that is a state agency or a subdivision 1385
2059	2059	thereof, as defined in s. 768.28(2), the provider must agree to 1386
2060	2060	notify the coalition of any additional liability coverage 1387
2061	2061	maintained by the provider in addition to that otherwise 1388
2062	2062	established under s. 768.28. The p rovider shall indemnify the 1389
2063	2063	coalition to the extent permitted by s. 768.28. Notwithstanding 1390
2064	2064	paragraph (j), for a child development program that is 1391
2065	2065	accredited by a national accrediting body and operates on a 1392
2066	2066	military installation that is certified by the Un ited States 1393
2067	2067	Department of Defense, the provider may demonstrate liability 1394
2068	2068	coverage by affirming that it is subject to the Federal Tort 1395
2069	2069	Claims Act, 28 U.S.C. ss. 2671 et seq. 1396
2070	2070	Section 49. For the purpose of incorporating the amendment 1397
2071	2071	made by this act to section 768.28, Florida Statutes, in a 1398
2072	2072	reference thereto, subsection (10) of section 1002.83, Florida 1399
2073	2073	Statutes, is reenacted to read: 1400
2074	2074
2075	2075	HB 799 2022
2076	2076
2077	2077
2078	2078
2079	2079	CODING: Words stricken are deletions; words underlined are additions.
2080	2080	hb0799-00
2081	2081	Page 57 of 59
2082	2082	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
2083	2083
2084	2084
2085	2085
2086	2086	1002.83 Early learning coalitions. — 1401
2087	2087	(10) For purposes of tort liability, each member or 1402
2088	2088	employee of an early learning coalition shall be governed by s. 1403
2089	2089	768.28. 1404
2090	2090	Section 50. For the purpose of incorporating the amendment 1405
2091	2091	made by this act to section 768.28, Florida Statutes, in a 1406
2092	2092	reference thereto, paragraph (p) of subsection (1) of section 1407
2093	2093	1002.88, Florida Statutes, is reenacted to read: 1408
2094	2094	1002.88 School readiness program provider standards; 1409
2095	2095	eligibility to deliver the school readiness program. — 1410
2096	2096	(1) To be eligible to deliver the school readiness 1411
2097	2097	program, a school readiness program provider must: 1412
2098	2098	(p) Notwithstanding p aragraph (m), for a provider that is 1413
2099	2099	a state agency or a subdivision thereof, as defined in s. 1414
2100	2100	768.28(2), agree to notify the coalition of any additional 1415
2101	2101	liability coverage maintained by the provider in addition to 1416
2102	2102	that otherwise established under s. 768.2 8. The provider shall 1417
2103	2103	indemnify the coalition to the extent permitted by s. 768.28. 1418
2104	2104	Notwithstanding paragraph (m), for a child development program 1419
2105	2105	that is accredited by a national accrediting body and operates 1420
2106	2106	on a military installation that is certified b y the United 1421
2107	2107	States Department of Defense, the provider may demonstrate 1422
2108	2108	liability coverage by affirming that it is subject to the 1423
2109	2109	Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1424
2110	2110	Section 51. For the purpose of incorporating the amendment 1425
2111	2111
2112	2112	HB 799 2022
2113	2113
2114	2114
2115	2115
2116	2116	CODING: Words stricken are deletions; words underlined are additions.
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2118	2118	Page 58 of 59
2119	2119	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
2120	2120
2121	2121
2122	2122
2123	2123	made by this act to section 768.28, Florida Statutes, in a 1426
2124	2124	reference thereto, subsection (1) of section 1006.24, Florida 1427
2125	2125	Statutes, is reenacted to read: 1428
2126	2126	1006.24 Tort liability; liability insurance. — 1429
2127	2127	(1) Each district school board shall be liable for tort 1430
2128	2128	claims arising out of any incident or occurrence involving a 1431
2129	2129	school bus or other motor vehicle owned, maintained, operated, 1432
2130	2130	or used by the district school board to transport persons, to 1433
2131	2131	the same extent and in the same manner as the state or any of 1434
2132	2132	its agencies or subdivisions is liable for tort claims under s. 1435
2133	2133	768.28, except that the total liability to persons being 1436
2134	2134	transported for all claims or judgments of such persons arising 1437
2135	2135	out of the same incident or occurrence shall not exceed an 1438
2136	2136	amount equal to $5,000 multi plied by the rated seating capacity 1439
2137	2137	of the school bus or other vehicle, as determined by rules of 1440
2138	2138	the State Board of Education, or $100,000, whichever is greater. 1441
2139	2139	The provisions of s. 768.28 apply to all claims or actions 1442
2140	2140	brought against district school bo ards, as authorized in this 1443
2141	2141	subsection. 1444
2142	2142	Section 52. For the purpose of incorporating the amendment 1445
2143	2143	made by this act to section 768.28, Florida Statutes, in a 1446
2144	2144	reference thereto, paragraph (b) of subsection (2) of section 1447
2145	2145	1006.261, Florida Statutes, is reenacted to read: 1448
2146	2146	1006.261 Use of school buses for public purposes. — 1449
2147	2147	(2) 1450
2148	2148
2149	2149	HB 799 2022
2150	2150
2151	2151
2152	2152
2153	2153	CODING: Words stricken are deletions; words underlined are additions.
2154	2154	hb0799-00
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2156	2156	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
2157	2157
2158	2158
2159	2159
2160	2160	(b) For purposes of liability for negligence, state 1451
2161	2161	agencies or subdivisions as defined in s. 768.28(2) shall be 1452
2162	2162	covered by s. 768.28. Every other corporation or organization 1453
2163	2163	shall provide liability insurance coverage in the minimum 1454
2164	2164	amounts of $100,000 on any claim or judgment and $200,000 on all 1455
2165	2165	claims and judgments arising from the same incident or 1456
2166	2166	occurrence. 1457
2167	2167	Section 53. This act shall take effect July 1, 2022. 1458