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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sovereign immunity; amending s. 2
768.28, F.S.; revising the statutory limits on 3
liability for tort claims against the state and its 4
agencies and subdivisions; revising requirements for 5
the state or an agency or a subdivision of the state 6
to agree to settle a claim or judgment; prohibiting an 7
insurance policy from conditioning the payment of 8
benefits on the enactment of a claim bill; specifying 9
that the limitations in effect on the date a final 10
judgment is entered apply to that claim; requi ring the 11
Department of Financial Services to adjust the 12
limitations on tort liability every year beginning on 13
a specified date; revising exceptions relating to 14
instituting actions on claims against the state or one 15
of its agencies and to the statute of lim itations for 16
such claims; reenacting ss. 45.061(5), 110.504(4), 17
111.071(1)(a), 163.01(15)(k), 190.043, 213.015(13), 18
252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 19
322.13(1)(b), 337.19(1), 341.302(17), 373.1395(6), 20
375.251(3)(a), 381.0056(9), 393.075 (3), 21
395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a), 22
and (3)(a), 455.221(3), 455.32(5), 456.009(3), 23
456.076(15)(a), 471.038(3), 472.006(11)(b), 24
497.167(7), 513.118(2), 548.046(1), 556.106(8), 25
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589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5), 26
766.112(2), 768.1355(3), 768.295(4), 944.713(2), 27
946.5026, 946.514(3), 961.06(5), (6), and (7), 28
1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 29
1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), 30
and 1006.261(2)(b), F.S., to incorporate the 31
amendments made to s . 768.28, F.S., in references 32
thereto; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Subsection (5), paragraph (a) of subsection 37
(6), and subsection (14) of section 768.28, Florida Statutes, 38
are amended to read: 39
768.28 Waiver of sovereign immunity in tort actions; 40
recovery limits; civil liability for damages caused during a 41
riot; limitation on attorney fees; statute of limitations; 42
exclusions; indemnification; risk management programs. — 43
(5)(a) The state and its agencies and subdivisions shall 44
be liable for tort claims in the same manner and to the same 45
extent as a private individual under like circumstances, but 46
liability shall not include punitive damages or interest for the 47
period before judgment. Neither the state nor its agencies or 48
subdivisions shall be liable to pay a claim or a judgment by any 49
one person which exceeds the sum of $1 million $200,000 or any 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
claim or judgment, or portions thereof, which, when totaled with 51
all other claims or judgments paid by the state or its agencies 52
or subdivisions arising out of the same incident or occurrence, 53
exceeds the sum of $300,000 . However, a judgment or judgments 54
may be claimed and rendered in excess of this amount these 55
amounts and may be settle d and paid pursuant to this act up to 56
$1 million per person, $200,000 or $300,000, as the case may be; 57
and that portion of the judgment that exceeds this amount these 58
amounts may be reported to the Legislature, and but may be paid 59
in part or in whole only by further act of the Legislature. 60
(b) Notwithstanding the limited waiver of sovereign 61
immunity provided in paragraph (a) herein, the state or an 62
agency or subdivision thereof may agree , within the limits of 63
insurance coverage provided, to settle a claim made or a 64
judgment rendered against it in excess of the waiver provided in 65
paragraph (a) without further action by the Legislature, but the 66
state or agency or subdivision thereof shall not be deemed to 67
have waived any defense of sovereign immunity or to h ave 68
increased the limits of its liability as a result of its 69
obtaining insurance coverage for tortious acts in excess of the 70
$200,000 or $300,000 waiver provided in paragraph (a) above. An 71
insurance policy may not condition the payment of benefits, in 72
whole or in part, on the enactment of a claim bill. 73
(c) The limitations of liability set forth in this 74
subsection shall apply to the state and its agencies and 75
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subdivisions whether or not the state or its agencies or 76
subdivisions possessed sovereign immunity before July 1, 1974. 77
(d) When determining liability limits for a claim, the 78
limitations of liability in effect on the date a final judgment 79
is entered shall apply to the claim. 80
(e) Beginning July 1, 2023, and every July 1 thereafter, 81
the Department of Financial Services shall adjust the 82
limitations of liability in this subsection to reflect changes 83
in the Consumer Price Index for the Southeast or a successor 84
index as calculated by the United States Department of Labor. 85
(f)(b) A municipality has a dut y to allow the municipal 86
law enforcement agency to respond appropriately to protect 87
persons and property during a riot or an unlawful assembly based 88
on the availability of adequate equipment to its municipal law 89
enforcement officers and relevant state and federal laws. If the 90
governing body of a municipality or a person authorized by the 91
governing body of the municipality breaches that duty, the 92
municipality is civilly liable for any damages, including 93
damages arising from personal injury, wrongful death, o r 94
property damages proximately caused by the municipality's breach 95
of duty. The sovereign immunity recovery limits in paragraph (a) 96
do not apply to an action under this paragraph. 97
(6)(a) An action may not be instituted on a claim against 98
the state or one of its agencies or subdivisions unless the 99
claimant presents the claim in writing to the appropriate 100
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agency, and also, except as to any claim against a municipality, 101
county, or the Florida Space Authority, presents such claim in 102
writing to the Department of Financial Services, within 3 years 103
after such claim accrues and the Department of Financial 104
Services or the appropriate agency denies the claim in writing; 105
except that, if: 106
1. Such claim is for contribution pursuant to s. 768.31, 107
it must be so presented within 6 months after the judgment 108
against the tortfeasor seeking contribution has become final by 109
lapse of time for appeal or after appellate review or, if there 110
is no such judgment, within 6 months after the tortfeasor 111
seeking contribution has either discharged the common liability 112
by payment or agreed, while the action is pending against her or 113
him, to discharge the common liability; or 114
2. Such action is for wrongful deat h, the claimant must 115
present the claim in writing to the Department of Financial 116
Services within 2 years after the claim accrues ; or 117
3. Such action arises from a violation of s. 794.011 118
involving a victim who was younger than the age of 16 at the 119
time of the act, the claimant may present the claim in writing 120
at any time pursuant to s. 95.11(9) . 121
(14) Every claim against the state or one of its agencies 122
or subdivisions for damages for a negligent or wrongful act or 123
omission pursuant to this section shall be forever barred unless 124
the civil action is commenced by filing a complaint in the court 125
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of appropriate jurisdiction within 4 years after such claim 126
accrues; except that : 127
(a) An action for contribution must be commenced within 128
the limitations provided i n s. 768.31(4);, and 129
(b) An action for damages arising from medical malpractice 130
or wrongful death must be commenced within the limitations for 131
such actions in s. 95.11(4) ; and 132
(c) An action arising from acts constituting a violation 133
of s. 794.011 involving a victim who was younger than the age of 134
16 at the time of the act may be commenced at any time pursuant 135
to s. 95.11(9). 136
Section 2. For the purpose of incorporating the amendment 137
made by this act to section 768.28, Florida Statutes, in a 138
reference thereto, subsection (5) of section 45.061, Florida 139
Statutes, is reenacted to read: 140
45.061 Offers of settlement. — 141
(5) Sanctions authorized under this section may be imposed 142
notwithstanding any limitation on recovery of costs or expenses 143
which may be provided by contract or in other provisions of 144
Florida law. This section shall not be construed to waive the 145
limits of sovereign immunity set forth in s. 768.28. 146
Section 3. For the purpose of incorporating the amendment 147
made by this act to section 768.28 , Florida Statutes, in a 148
reference thereto, subsection (4) of section 110.504, Florida 149
Statutes, is reenacted to read: 150
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110.504 Volunteer benefits. — 151
(4) Volunteers shall be covered by state liability 152
protection in accordance with the definition of a vol unteer and 153
the provisions of s. 768.28. 154
Section 4. For the purpose of incorporating the amendment 155
made by this act to section 768.28, Florida Statutes, in a 156
reference thereto, paragraph (a) of subsection (1) of section 157
111.071, Florida Statutes, is ree nacted to read: 158
111.071 Payment of judgments or settlements against 159
certain public officers or employees. — 160
(1) Any county, municipality, political subdivision, or 161
agency of the state which has been excluded from participation 162
in the Insurance Risk Mana gement Trust Fund is authorized to 163
expend available funds to pay: 164
(a) Any final judgment, including damages, costs, and 165
attorney's fees, arising from a complaint for damages or injury 166
suffered as a result of any act or omission of action of any 167
officer, employee, or agent in a civil or civil rights lawsuit 168
described in s. 111.07. If the civil action arises under s. 169
768.28 as a tort claim, the limitations and provisions of s. 170
768.28 governing payment shall apply. If the action is a civil 171
rights action arising under 42 U.S.C. s. 1983, or similar 172
federal statutes, payments for the full amount of the judgment 173
may be made unless the officer, employee, or agent has been 174
determined in the final judgment to have caused the harm 175
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intentionally. 176
Section 5. For the purpose of incorporating the amendment 177
made by this act to section 768.28, Florida Statutes, in a 178
reference thereto, paragraph (k) of subsection (15) of section 179
163.01, Florida Statutes, is reenacted to read: 180
163.01 Florida Interlocal Cooperation Act o f 1969.— 181
(15) Notwithstanding any other provision of this section 182
or of any other law except s. 361.14, any public agency of this 183
state which is an electric utility, or any separate legal entity 184
created pursuant to the provisions of this section, the 185
membership of which consists only of electric utilities, and 186
which exercises or proposes to exercise the powers granted by 187
part II of chapter 361, the Joint Power Act, may exercise any or 188
all of the following powers: 189
(k) The limitations on waiver in the pro visions of s. 190
768.28 or any other law to the contrary notwithstanding, the 191
Legislature, in accordance with s. 13, Art. X of the State 192
Constitution, hereby declares that any such legal entity or any 193
public agency of this state that participates in any elect ric 194
project waives its sovereign immunity to: 195
1. All other persons participating therein; and 196
2. Any person in any manner contracting with a legal 197
entity of which any such public agency is a member, with 198
relation to: 199
a. Ownership, operation, or any o ther activity set forth 200
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in sub-subparagraph (b)2.d. with relation to any electric 201
project; or 202
b. The supplying or purchasing of services, output, 203
capacity, energy, or any combination thereof. 204
Section 6. For the purpose of incorporating the amendment 205
made by this act to section 768.28, Florida Statutes, in a 206
reference thereto, section 190.043, Florida Statutes, is 207
reenacted to read: 208
190.043 Suits against the district. —Any suit or action 209
brought or maintained against the district for damages arising 210
out of tort, including, without limitation, any claim arising 211
upon account of an act causing an injury or loss of property, 212
personal injury, or death, shall be subject to the limitations 213
provided in s. 768.28. 214
Section 7. For the purpose of incorporating the amendment 215
made by this act to section 768.28, Florida Statutes, in a 216
reference thereto, subsection (13) of section 213.015, Florida 217
Statutes, is reenacted to read: 218
213.015 Taxpayer rights. —There is created a Florida 219
Taxpayer's Bill of Rights to guar antee that the rights, privacy, 220
and property of Florida taxpayers are adequately safeguarded and 221
protected during tax assessment, collection, and enforcement 222
processes administered under the revenue laws of this state. The 223
Taxpayer's Bill of Rights compile s, in one document, brief but 224
comprehensive statements which explain, in simple, nontechnical 225
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terms, the rights and obligations of the Department of Revenue 226
and taxpayers. Section 192.0105 provides additional rights 227
afforded to payors of property taxes and assessments. The rights 228
afforded taxpayers to ensure that their privacy and property are 229
safeguarded and protected during tax assessment and collection 230
are available only insofar as they are implemented in other 231
parts of the Florida Statutes or rules of t he Department of 232
Revenue. The rights so guaranteed Florida taxpayers in the 233
Florida Statutes and the departmental rules are: 234
(13) The right to an action at law within the limitations 235
of s. 768.28, relating to sovereign immunity, to recover damages 236
against the state or the Department of Revenue for injury caused 237
by the wrongful or negligent act or omission of a department 238
officer or employee (see s. 768.28). 239
Section 8. For the purpose of incorporating the amendment 240
made by this act to section 768.28, Florida Statutes, in a 241
reference thereto, section 252.51, Florida Statutes, is 242
reenacted to read: 243
252.51 Liability.—Any person or organization, public or 244
private, owning or controlling real estate or other premises who 245
voluntarily and without compensatio n, other than payment or 246
reimbursement of costs and expenses, grants a license or 247
privilege or otherwise permits the designation by the local 248
emergency management agency or use of the whole or any part of 249
such real estate or premises for the purpose of she ltering 250
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persons during an actual, impending, mock, or practice 251
emergency, together with her or his successor in interest, if 252
any, shall not be liable for the death of, or injury to, any 253
person on or about such real estate or premises during the 254
actual, impending, mock, or practice emergency, or for loss of, 255
or damage to, the property of such person, solely by reason or 256
as a result of such license, privilege, designation, or use, 257
unless the gross negligence or the willful and wanton misconduct 258
of such person owning or controlling such real estate or 259
premises or her or his successor in interest is the proximate 260
cause of such death, injury, loss, or damage occurring during 261
such sheltering period. Any such person or organization who 262
provides such shelter space f or compensation shall be deemed to 263
be an instrumentality of the state or its applicable agency or 264
subdivision for the purposes of s. 768.28. 265
Section 9. For the purpose of incorporating the amendment 266
made by this act to section 768.28, Florida Statutes, in a 267
reference thereto, section 252.89, Florida Statutes, is 268
reenacted to read: 269
252.89 Tort liability. —The commission and the committees 270
shall be state agencies, and the members of the commission and 271
committees shall be officers, employees, or agents of the state 272
for the purposes of s. 768.28. 273
Section 10. For the purpose of incorporating the amendment 274
made by this act to section 768.28, Florida Statutes, in a 275
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reference thereto, section 252.944, Florida Statutes, is 276
reenacted to read: 277
252.944 Tort liability.—The commission and the committees 278
are state agencies, and the members of the commission and 279
committees are officers, employees, or agents of the state for 280
the purpose of s. 768.28. 281
Section 11. For the purpose of incorporating the amendment 282
made by this act to section 768.28, Florida Statutes, in a 283
reference thereto, subsection (2) of section 260.0125, Florida 284
Statutes, is reenacted to read: 285
260.0125 Limitation on liability of private landowners 286
whose property is designated as part of the sta tewide system of 287
greenways and trails. — 288
(2) Any private landowner who consents to designation of 289
his or her land as part of the statewide system of greenways and 290
trails pursuant to s. 260.016(2)(d) without compensation shall 291
be considered a volunteer, as defined in s. 110.501, and shall 292
be covered by state liability protection pursuant to s. 768.28, 293
including s. 768.28(9). 294
Section 12. For the purpose of incorporating the amendment 295
made by this act to section 768.28, Florida Statutes, in a 296
reference thereto, section 284.31, Florida Statutes, is 297
reenacted to read: 298
284.31 Scope and types of coverages; separate accounts. —299
The Insurance Risk Management Trust Fund must, unless 300
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specifically excluded by the Department of Financial Services, 301
cover all departments of the State of Florida and their 302
employees, agents, and volunteers and must provide separate 303
accounts for workers' compensation, general liability, fleet 304
automotive liability, federal civil rights actions under 42 305
U.S.C. s. 1983 or similar federal sta tutes, state agency 306
firefighter cancer benefits payable under s. 112.1816(2), and 307
court-awarded attorney fees in other proceedings against the 308
state except for such awards in eminent domain or for inverse 309
condemnation or for awards by the Public Employees Relations 310
Commission. Unless specifically excluded by the Department of 311
Financial Services, the Insurance Risk Management Trust Fund 312
must provide fleet automotive liability coverage to motor 313
vehicles titled to the state, or to any department of the state, 314
when such motor vehicles are used by community transportation 315
coordinators performing, under contract to the appropriate 316
department of the state, services for the transportation 317
disadvantaged under part I of chapter 427. Such fleet automotive 318
liability coverage is primary and is subject to s. 768.28 and 319
parts II and III of chapter 284, and applicable rules adopted 320
thereunder, and the terms and conditions of the certificate of 321
coverage issued by the Department of Financial Services. 322
Section 13. For the p urpose of incorporating the amendment 323
made by this act to section 768.28, Florida Statutes, in a 324
reference thereto, section 284.38, Florida Statutes, is 325
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reenacted to read: 326
284.38 Waiver of sovereign immunity; effect. —The insurance 327
programs developed here in shall provide limits as established by 328
the provisions of s. 768.28 if a tort claim. The limits provided 329
in s. 768.28 shall not apply to a civil rights action arising 330
under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 331
pending or future clai m or judgment arising under any of said 332
statutes may be made upon this act becoming a law, unless the 333
officer, employee, or agent has been determined in the final 334
judgment to have caused the harm intentionally; however, the 335
fund is authorized to pay all ot her court-ordered attorney's 336
fees as provided under s. 284.31. 337
Section 14. For the purpose of incorporating the amendment 338
made by this act to section 768.28, Florida Statutes, in a 339
reference thereto, paragraph (b) of subsection (1) of section 340
322.13, Florida Statutes, is reenacted to read: 341
322.13 Driver license examiners. — 342
(1) 343
(b) Those persons serving as driver license examiners are 344
not liable for actions taken within the scope of their 345
employment or designation, except as provided by s. 768.28. 346
Section 15. For the purpose of incorporating the amendment 347
made by this act to section 768.28, Florida Statutes, in a 348
reference thereto, subsection (1) of section 337.19, Florida 349
Statutes, is reenacted to read: 350
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337.19 Suits by and against department; limitation of 351
actions; forum.— 352
(1) Suits at law and in equity may be brought and 353
maintained by and against the department on any contract claim 354
arising from breach of an express provision or an implied 355
covenant of a written agreement or a written directi ve issued by 356
the department pursuant to the written agreement. In any such 357
suit, the department and the contractor shall have all of the 358
same rights and obligations as a private person under a like 359
contract except that no liability may be based on an oral 360
modification of either the written contract or written 361
directive. Nothing herein shall be construed to waive the 362
sovereign immunity of the state and its political subdivisions 363
from equitable claims and equitable remedies. Notwithstanding 364
anything to the contrary contained in this section, no employee 365
or agent of the department may be held personally liable to an 366
extent greater than that pursuant to s. 768.28 provided that no 367
suit sounding in tort shall be maintained against the 368
department. 369
Section 16. For the purpose of incorporating the amendment 370
made by this act to section 768.28, Florida Statutes, in a 371
reference thereto, subsection (17) of section 341.302, Florida 372
Statutes, is reenacted to read: 373
341.302 Rail program; duties and responsibilities of t he 374
department.—The department, in conjunction with other 375
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governmental entities, including the rail enterprise and the 376
private sector, shall develop and implement a rail program of 377
statewide application designed to ensure the proper maintenance, 378
safety, revitalization, and expansion of the rail system to 379
assure its continued and increased availability to respond to 380
statewide mobility needs. Within the resources provided pursuant 381
to chapter 216, and as authorized under federal law, the 382
department shall: 383
(17) In conjunction with the acquisition, ownership, 384
construction, operation, maintenance, and management of a rail 385
corridor, have the authority to: 386
(a) Assume obligations pursuant to the following: 387
1.a. The department may assume the obligation by contrac t 388
to forever protect, defend, indemnify, and hold harmless the 389
freight rail operator, or its successors, from whom the 390
department has acquired a real property interest in the rail 391
corridor, and that freight rail operator's officers, agents, and 392
employees, from and against any liability, cost, and expense, 393
including, but not limited to, commuter rail passengers and rail 394
corridor invitees in the rail corridor, regardless of whether 395
the loss, damage, destruction, injury, or death giving rise to 396
any such liability, cost, or expense is caused in whole or in 397
part, and to whatever nature or degree, by the fault, failure, 398
negligence, misconduct, nonfeasance, or misfeasance of such 399
freight rail operator, its successors, or its officers, agents, 400
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and employees, or any other person or persons whomsoever; or 401
b. The department may assume the obligation by contract to 402
forever protect, defend, indemnify, and hold harmless National 403
Railroad Passenger Corporation, or its successors, and officers, 404
agents, and employees of Nat ional Railroad Passenger 405
Corporation, from and against any liability, cost, and expense, 406
including, but not limited to, commuter rail passengers and rail 407
corridor invitees in the rail corridor, regardless of whether 408
the loss, damage, destruction, injury, o r death giving rise to 409
any such liability, cost, or expense is caused in whole or in 410
part, and to whatever nature or degree, by the fault, failure, 411
negligence, misconduct, nonfeasance, or misfeasance of National 412
Railroad Passenger Corporation, its successo rs, or its officers, 413
agents, and employees, or any other person or persons 414
whomsoever. 415
2. The assumption of liability of the department by 416
contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 417
1.b. may not in any instance exceed the following pa rameters of 418
allocation of risk: 419
a. The department may be solely responsible for any loss, 420
injury, or damage to commuter rail passengers, or rail corridor 421
invitees, or trespassers, regardless of circumstances or cause, 422
subject to sub-subparagraph b. and s ubparagraphs 3., 4., 5., and 423
6. 424
b.(I) In the event of a limited covered accident, the 425
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authority of the department to protect, defend, and indemnify 426
the freight operator for all liability, cost, and expense, 427
including punitive or exemplary damages, in exc ess of the 428
deductible or self-insurance retention fund established under 429
paragraph (b) and actually in force at the time of the limited 430
covered accident exists only if the freight operator agrees, 431
with respect to the limited covered accident, to protect, 432
defend, and indemnify the department for the amount of the 433
deductible or self-insurance retention fund established under 434
paragraph (b) and actually in force at the time of the limited 435
covered accident. 436
(II) In the event of a limited covered accident, the 437
authority of the department to protect, defend, and indemnify 438
National Railroad Passenger Corporation for all liability, cost, 439
and expense, including punitive or exemplary damages, in excess 440
of the deductible or self -insurance retention fund established 441
under paragraph (b) and actually in force at the time of the 442
limited covered accident exists only if National Railroad 443
Passenger Corporation agrees, with respect to the limited 444
covered accident, to protect, defend, and indemnify the 445
department for the amount of the deductible or self -insurance 446
retention fund established under paragraph (b) and actually in 447
force at the time of the limited covered accident. 448
3. When only one train is involved in an incident, the 449
department may be solely responsible for any los s, injury, or 450
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damage if the train is a department train or other train 451
pursuant to subparagraph 4., but only if: 452
a. When an incident occurs with only a freight train 453
involved, including incidents with trespassers or at grade 454
crossings, the freight rail o perator is solely responsible for 455
any loss, injury, or damage, except for commuter rail passengers 456
and rail corridor invitees; or 457
b. When an incident occurs with only a National Railroad 458
Passenger Corporation train involved, including incidents with 459
trespassers or at grade crossings, National Railroad Passenger 460
Corporation is solely responsible for any loss, injury, or 461
damage, except for commuter rail passengers and rail corridor 462
invitees. 463
4. For the purposes of this subsection: 464
a. Any train involved in an incident that is neither the 465
department's train nor the freight rail operator's train, 466
hereinafter referred to in this subsection as an "other train," 467
may be treated as a department train, solely for purposes of any 468
allocation of liability between th e department and the freight 469
rail operator only, but only if the department and the freight 470
rail operator share responsibility equally as to third parties 471
outside the rail corridor who incur loss, injury, or damage as a 472
result of any incident involving bot h a department train and a 473
freight rail operator train, and the allocation as between the 474
department and the freight rail operator, regardless of whether 475
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the other train is treated as a department train, shall remain 476
one-half each as to third parties outsi de the rail corridor who 477
incur loss, injury, or damage as a result of the incident. The 478
involvement of any other train shall not alter the sharing of 479
equal responsibility as to third parties outside the rail 480
corridor who incur loss, injury, or damage as a result of the 481
incident; or 482
b. Any train involved in an incident that is neither the 483
department's train nor the National Railroad Passenger 484
Corporation's train, hereinafter referred to in this subsection 485
as an "other train," may be treated as a department train, 486
solely for purposes of any allocation of liability between the 487
department and National Railroad Passenger Corporation only, but 488
only if the department and National Railroad Passenger 489
Corporation share responsibility equally as to third parties 490
outside the rail corridor who incur loss, injury, or damage as a 491
result of any incident involving both a department train and a 492
National Railroad Passenger Corporation train, and the 493
allocation as between the department and National Railroad 494
Passenger Corporation, regardless of whether the other train is 495
treated as a department train, shall remain one -half each as to 496
third parties outside the rail corridor who incur loss, injury, 497
or damage as a result of the incident. The involvement of any 498
other train shall no t alter the sharing of equal responsibility 499
as to third parties outside the rail corridor who incur loss, 500
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injury, or damage as a result of the incident. 501
5. When more than one train is involved in an incident: 502
a.(I) If only a department train and freigh t rail 503
operator's train, or only an other train as described in sub -504
subparagraph 4.a. and a freight rail operator's train, are 505
involved in an incident, the department may be responsible for 506
its property and all of its people, all commuter rail 507
passengers, and rail corridor invitees, but only if the freight 508
rail operator is responsible for its property and all of its 509
people, and the department and the freight rail operator each 510
share one-half responsibility as to trespassers or third parties 511
outside the rail corridor who incur loss, injury, or damage as a 512
result of the incident; or 513
(II) If only a department train and a National Railroad 514
Passenger Corporation train, or only an other train as described 515
in sub-subparagraph 4.b. and a National Railroad Passenge r 516
Corporation train, are involved in an incident, the department 517
may be responsible for its property and all of its people, all 518
commuter rail passengers, and rail corridor invitees, but only 519
if National Railroad Passenger Corporation is responsible for 520
its property and all of its people, all National Railroad 521
Passenger Corporation's rail passengers, and the department and 522
National Railroad Passenger Corporation each share one -half 523
responsibility as to trespassers or third parties outside the 524
rail corridor who incur loss, injury, or damage as a result of 525
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the incident. 526
b.(I) If a department train, a freight rail operator 527
train, and any other train are involved in an incident, the 528
allocation of liability between the department and the freight 529
rail operator, regardless of whether the other train is treated 530
as a department train, shall remain one -half each as to third 531
parties outside the rail corridor who incur loss, injury, or 532
damage as a result of the incident; the involvement of any other 533
train shall not alte r the sharing of equal responsibility as to 534
third parties outside the rail corridor who incur loss, injury, 535
or damage as a result of the incident; and, if the owner, 536
operator, or insurer of the other train makes any payment to 537
injured third parties outside the rail corridor who incur loss, 538
injury, or damage as a result of the incident, the allocation of 539
credit between the department and the freight rail operator as 540
to such payment shall not in any case reduce the freight rail 541
operator's third-party-sharing allocation of one-half under this 542
paragraph to less than one -third of the total third party 543
liability; or 544
(II) If a department train, a National Railroad Passenger 545
Corporation train, and any other train are involved in an 546
incident, the allocation of liab ility between the department and 547
National Railroad Passenger Corporation, regardless of whether 548
the other train is treated as a department train, shall remain 549
one-half each as to third parties outside the rail corridor who 550
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incur loss, injury, or damage as a result of the incident; the 551
involvement of any other train shall not alter the sharing of 552
equal responsibility as to third parties outside the rail 553
corridor who incur loss, injury, or damage as a result of the 554
incident; and, if the owner, operator, or in surer of the other 555
train makes any payment to injured third parties outside the 556
rail corridor who incur loss, injury, or damage as a result of 557
the incident, the allocation of credit between the department 558
and National Railroad Passenger Corporation as to s uch payment 559
shall not in any case reduce National Railroad Passenger 560
Corporation's third-party-sharing allocation of one -half under 561
this sub-subparagraph to less than one -third of the total third 562
party liability. 563
6. Any such contractual duty to protect, defend, 564
indemnify, and hold harmless such a freight rail operator or 565
National Railroad Passenger Corporation shall expressly include 566
a specific cap on the amount of the contractual duty, which 567
amount shall not exceed $200 million without prior legislative 568
approval, and the department to purchase liability insurance and 569
establish a self-insurance retention fund in the amount of the 570
specific cap established under this subparagraph, provided that: 571
a. No such contractual duty shall in any case be effective 572
nor otherwise extend the department's liability in scope and 573
effect beyond the contractual liability insurance and self -574
insurance retention fund required pursuant to this paragraph; 575
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and 576
b.(I) The freight rail operator's compensation to the 577
department for future use of the department's rail corridor 578
shall include a monetary contribution to the cost of such 579
liability coverage for the sole benefit of the freight rail 580
operator. 581
(II) National Railroad Passenger Corporation's 582
compensation to the department for future use of the 583
department's rail corridor shall include a monetary contribution 584
to the cost of such liability coverage for the sole benefit of 585
National Railroad Passenger Corporation. 586
(b) Purchase liability insurance, which amount shall not 587
exceed $200 million, and establish a self -insurance retention 588
fund for the purpose of paying the deductible limit established 589
in the insurance policies it may obtain, including coverage for 590
the department, any freight rail operator as described in 591
paragraph (a), National Railroad Passenger Corporation, commuter 592
rail service providers, governmental entities, or any ancillary 593
development, which self -insurance retention fund or deductible 594
shall not exceed $10 million. The insureds shall pay a 595
reasonable monetary contrib ution to the cost of such liability 596
coverage for the sole benefit of the insured. Such insurance and 597
self-insurance retention fund may provide coverage for all 598
damages, including, but not limited to, compensatory, special, 599
and exemplary, and be maintained to provide an adequate fund to 600
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cover claims and liabilities for loss, injury, or damage arising 601
out of or connected with the ownership, operation, maintenance, 602
and management of a rail corridor. 603
(c) Incur expenses for the purchase of advertisements, 604
marketing, and promotional items. 605
(d) Without altering any of the rights granted to the 606
department under this section, agree to assume the obligations 607
to indemnify and insure, pursuant to s. 343.545, freight rail 608
service, intercity passenger rail service, an d commuter rail 609
service on a department -owned rail corridor, whether ownership 610
is in fee or by easement, or on a rail corridor where the 611
department has the right to operate. 612
613
Neither the assumption by contract to protect, defend, 614
indemnify, and hold harmle ss; the purchase of insurance; nor the 615
establishment of a self -insurance retention fund shall be deemed 616
to be a waiver of any defense of sovereign immunity for torts 617
nor deemed to increase the limits of the department's or the 618
governmental entity's liabili ty for torts as provided in s. 619
768.28. The requirements of s. 287.022(1) shall not apply to the 620
purchase of any insurance under this subsection. The provisions 621
of this subsection shall apply and inure fully as to any other 622
governmental entity providing com muter rail service and 623
constructing, operating, maintaining, or managing a rail 624
corridor on publicly owned right -of-way under contract by the 625
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governmental entity with the department or a governmental entity 626
designated by the department. Notwithstanding any law to the 627
contrary, procurement for the construction, operation, 628
maintenance, and management of any rail corridor described in 629
this subsection, whether by the department, a governmental 630
entity under contract with the department, or a governmental 631
entity designated by the department, shall be pursuant to s. 632
287.057 and shall include, but not be limited to, criteria for 633
the consideration of qualifications, technical aspects of the 634
proposal, and price. Further, any such contract for design -build 635
shall be procured pursuant to the criteria in s. 337.11(7). 636
Section 17. For the purpose of incorporating the amendment 637
made by this act to section 768.28, Florida Statutes, in a 638
reference thereto, subsection (6) of section 373.1395, Florida 639
Statutes, is reenacted to read: 640
373.1395 Limitation on liability of water management 641
district with respect to areas made available to the public for 642
recreational purposes without charge. — 643
(6) This section does not relieve any water management 644
district of any liability that w ould otherwise exist for gross 645
negligence or a deliberate, willful, or malicious injury to a 646
person or property. This section does not create or increase the 647
liability of any water management district or person beyond that 648
which is authorized by s. 768.28. 649
Section 18. For the purpose of incorporating the amendment 650
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made by this act to section 768.28, Florida Statutes, in a 651
reference thereto, paragraph (a) of subsection (3) of section 652
375.251, Florida Statutes, is reenacted to read: 653
375.251 Limitation o n liability of persons making 654
available to public certain areas for recreational purposes 655
without charge.— 656
(3)(a) An owner of an area who enters into a written 657
agreement concerning the area with a state agency for outdoor 658
recreational purposes, where suc h agreement recognizes that the 659
state agency is responsible for personal injury, loss, or damage 660
resulting in whole or in part from the state agency's use of the 661
area under the terms of the agreement subject to the limitations 662
and conditions specified in s . 768.28, owes no duty of care to 663
keep the area safe for entry or use by others, or to give 664
warning to persons entering or going on the area of any 665
hazardous conditions, structures, or activities thereon. An 666
owner who enters into a written agreement concer ning the area 667
with a state agency for outdoor recreational purposes: 668
1. Is not presumed to extend any assurance that the area 669
is safe for any purpose; 670
2. Does not incur any duty of care toward a person who 671
goes on the area that is subject to the agreem ent; or 672
3. Is not liable or responsible for any injury to persons 673
or property caused by the act or omission of a person who goes 674
on the area that is subject to the agreement. 675
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Section 19. For the purpose of incorporating the amendment 676
made by this act to section 768.28, Florida Statutes, in a 677
reference thereto, subsection (9) of section 381.0056, Florida 678
Statutes, is reenacted to read: 679
381.0056 School health services program. — 680
(9) Any health care entity that provides school health 681
services under contract with the department pursuant to a school 682
health services plan developed under this section, and as part 683
of a school nurse services public -private partnership, is deemed 684
to be a corporation acting primarily as an instrumentality of 685
the state solely for the purpose of limiting liability pursuant 686
to s. 768.28(5). The limitations on tort actions contained in s. 687
768.28(5) shall apply to any action against the entity with 688
respect to the provision of school health services, if the 689
entity is acting within th e scope of and pursuant to guidelines 690
established in the contract or by rule of the department. The 691
contract must require the entity, or the partnership on behalf 692
of the entity, to obtain general liability insurance coverage, 693
with any additional endorsemen t necessary to insure the entity 694
for liability assumed by its contract with the department. The 695
Legislature intends that insurance be purchased by entities, or 696
by partnerships on behalf of the entity, to cover all liability 697
claims, and under no circumstanc es shall the state or the 698
department be responsible for payment of any claims or defense 699
costs for claims brought against the entity or its subcontractor 700
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for services performed under the contract with the department. 701
This subsection does not preclude consi deration by the 702
Legislature for payment by the state of any claims bill 703
involving an entity contracting with the department pursuant to 704
this section. 705
Section 20. For the purpose of incorporating the amendment 706
made by this act to section 768.28, Florida Statutes, in a 707
reference thereto, subsection (3) of section 393.075, Florida 708
Statutes, is reenacted to read: 709
393.075 General liability coverage. — 710
(3) This section shall not be construed as designating or 711
not designating that a person who owns or opera tes a foster care 712
facility or group home facility as described in this section or 713
any other person is an employee or agent of the state. Nothing 714
in this section amends, expands, or supersedes the provisions of 715
s. 768.28. 716
Section 21. For the purpose of incorporating the amendment 717
made by this act to section 768.28, Florida Statutes, in a 718
reference thereto, paragraph (g) of subsection (10) of section 719
395.1055, Florida Statutes, is reenacted to read: 720
395.1055 Rules and enforcement. — 721
(10) The agency sha ll establish a pediatric cardiac 722
technical advisory panel, pursuant to s. 20.052, to develop 723
procedures and standards for measuring outcomes of pediatric 724
cardiac catheterization programs and pediatric cardiovascular 725
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surgery programs. 726
(g) Panel members ar e agents of the state for purposes of 727
s. 768.28 throughout the good faith performance of the duties 728
assigned to them by the Secretary of Health Care Administration. 729
Section 22. For the purpose of incorporating the amendment 730
made by this act to section 768.28, Florida Statutes, in a 731
reference thereto, paragraph (c) of subsection (17) of section 732
403.706, Florida Statutes, is reenacted to read: 733
403.706 Local government solid waste responsibilities. — 734
(17) To effect the purposes of this part, counties an d 735
municipalities are authorized, in addition to other powers 736
granted pursuant to this part: 737
(c) To waive sovereign immunity and immunity from suit in 738
federal court by vote of the governing body of the county or 739
municipality to the extent necessary to car ry out the authority 740
granted in paragraphs (a) and (b), notwithstanding the 741
limitations prescribed in s. 768.28. 742
Section 23. For the purpose of incorporating the amendment 743
made by this act to section 768.28, Florida Statutes, in a 744
reference thereto, su bsection (1), paragraph (a) of subsection 745
(2), and paragraph (a) of subsection (3) of section 409.993, 746
Florida Statutes, are reenacted to read: 747
409.993 Lead agencies and subcontractor liability. — 748
(1) FINDINGS.— 749
(a) The Legislature finds that the stat e has traditionally 750
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provided foster care services to children who are the 751
responsibility of the state. As such, foster children have not 752
had the right to recover for injuries beyond the limitations 753
specified in s. 768.28. The Legislature has determined tha t 754
foster care and related services should be outsourced pursuant 755
to this section and that the provision of such services is of 756
paramount importance to the state. The purpose of such 757
outsourcing is to increase the level of safety, security, and 758
stability of children who are or become the responsibility of 759
the state. One of the components necessary to secure a safe and 760
stable environment for such children is the requirement that 761
private providers maintain liability insurance. As such, 762
insurance needs to be av ailable and remain available to 763
nongovernmental foster care and related services providers 764
without the resources of such providers being significantly 765
reduced by the cost of maintaining such insurance. 766
(b) The Legislature further finds that, by requiring the 767
following minimum levels of insurance, children in outsourced 768
foster care and related services will gain increased protection 769
and rights of recovery in the event of injury than currently 770
provided in s. 768.28. 771
(2) LEAD AGENCY LIABILITY. — 772
(a) Other than an entity to which s. 768.28 applies, an 773
eligible community-based care lead agency, or its employees or 774
officers, except as otherwise provided in paragraph (b), shall, 775
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as a part of its contract, obtain a minimum of $1 million per 776
occurrence with a po licy period aggregate limit of $3 million in 777
general liability insurance coverage. The lead agency must also 778
require that staff who transport client children and families in 779
their personal automobiles in order to carry out their job 780
responsibilities obtain minimum bodily injury liability 781
insurance in the amount of $100,000 per person per any one 782
automobile accident, and subject to such limits for each person, 783
$300,000 for all damages resulting from any one automobile 784
accident, on their personal automobiles. In lieu of personal 785
motor vehicle insurance, the lead agency's casualty, liability, 786
or motor vehicle insurance carrier may provide nonowned 787
automobile liability coverage. This insurance provides liability 788
insurance for an automobile that the lead agency u ses in 789
connection with the lead agency's business but does not own, 790
lease, rent, or borrow. This coverage includes an automobile 791
owned by an employee of the lead agency or a member of the 792
employee's household but only while the automobile is used in 793
connection with the lead agency's business. The nonowned 794
automobile coverage for the lead agency applies as excess 795
coverage over any other collectible insurance. The personal 796
automobile policy for the employee of the lead agency shall be 797
primary insurance, and t he nonowned automobile coverage of the 798
lead agency acts as excess insurance to the primary insurance. 799
The lead agency shall provide a minimum limit of $1 million in 800
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nonowned automobile coverage. In a tort action brought against 801
such a lead agency or employ ee, net economic damages shall be 802
limited to $2 million per liability claim and $200,000 per 803
automobile claim, including, but not limited to, past and future 804
medical expenses, wage loss, and loss of earning capacity, 805
offset by any collateral source payment paid or payable. In any 806
tort action brought against a lead agency, noneconomic damages 807
shall be limited to $400,000 per claim. A claims bill may be 808
brought on behalf of a claimant pursuant to s. 768.28 for any 809
amount exceeding the limits specified in this paragraph. Any 810
offset of collateral source payments made as of the date of the 811
settlement or judgment shall be in accordance with s. 768.76. 812
The lead agency is not liable in tort for the acts or omissions 813
of its subcontractors or the officers, agents, or employees of 814
its subcontractors. 815
(3) SUBCONTRACTOR LIABILITY. — 816
(a) A subcontractor of an eligible community -based care 817
lead agency that is a direct provider of foster care and related 818
services to children and families, and its employees or 819
officers, except as otherwise provided in paragraph (b), must, 820
as a part of its contract, obtain a minimum of $1 million per 821
occurrence with a policy period aggregate limit of $3 million in 822
general liability insurance coverage. The subcontractor of a 823
lead agency must also require that staff who transport client 824
children and families in their personal automobiles in order to 825
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carry out their job responsibilities obtain minimum bodily 826
injury liability insurance in the amount of $100,000 per person 827
in any one automobile ac cident, and subject to such limits for 828
each person, $300,000 for all damages resulting from any one 829
automobile accident, on their personal automobiles. In lieu of 830
personal motor vehicle insurance, the subcontractor's casualty, 831
liability, or motor vehicle i nsurance carrier may provide 832
nonowned automobile liability coverage. This insurance provides 833
liability insurance for automobiles that the subcontractor uses 834
in connection with the subcontractor's business but does not 835
own, lease, rent, or borrow. This cove rage includes automobiles 836
owned by the employees of the subcontractor or a member of the 837
employee's household but only while the automobiles are used in 838
connection with the subcontractor's business. The nonowned 839
automobile coverage for the subcontractor ap plies as excess 840
coverage over any other collectible insurance. The personal 841
automobile policy for the employee of the subcontractor shall be 842
primary insurance, and the nonowned automobile coverage of the 843
subcontractor acts as excess insurance to the primar y insurance. 844
The subcontractor shall provide a minimum limit of $1 million in 845
nonowned automobile coverage. In a tort action brought against 846
such subcontractor or employee, net economic damages shall be 847
limited to $2 million per liability claim and $200,00 0 per 848
automobile claim, including, but not limited to, past and future 849
medical expenses, wage loss, and loss of earning capacity, 850
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offset by any collateral source payment paid or payable. In a 851
tort action brought against such subcontractor, noneconomic 852
damages shall be limited to $400,000 per claim. A claims bill 853
may be brought on behalf of a claimant pursuant to s. 768.28 for 854
any amount exceeding the limits specified in this paragraph. Any 855
offset of collateral source payments made as of the date of the 856
settlement or judgment shall be in accordance with s. 768.76. 857
Section 24. For the purpose of incorporating the amendment 858
made by this act to section 768.28, Florida Statutes, in a 859
reference thereto, subsection (3) of section 455.221, Florida 860
Statutes, is reenacted to read: 861
455.221 Legal and investigative services. — 862
(3) Any person retained by the department under contract 863
to review materials, make site visits, or provide expert 864
testimony regarding any complaint or application filed with the 865
department relating to a profession under the jurisdiction of 866
the department shall be considered an agent of the department in 867
determining the state insurance coverage and sovereign immunity 868
protection applicability of ss. 284.31 and 768.28. 869
Section 25. For the pur pose of incorporating the amendment 870
made by this act to section 768.28, Florida Statutes, in a 871
reference thereto, subsection (5) of section 455.32, Florida 872
Statutes, is reenacted to read: 873
455.32 Management Privatization Act. — 874
(5) Any such corporation may hire staff as necessary to 875
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carry out its functions. Such staff are not public employees for 876
the purposes of chapter 110 or chapter 112, except that the 877
board of directors and the employees of the corporation are 878
subject to the provisions of s. 112.061 and part III of chapter 879
112. The provisions of s. 768.28 apply to each such corporation, 880
which is deemed to be a corporation primarily acting as an 881
instrumentality of the state but which is not an agency within 882
the meaning of s. 20.03(11). 883
Section 26. For the purpose of incorporating the amendment 884
made by this act to section 768.28, Florida Statutes, in a 885
reference thereto, subsection (3) of section 456.009, Florida 886
Statutes, is reenacted to read: 887
456.009 Legal and investigat ive services.— 888
(3) Any person retained by the department under contract 889
to review materials, make site visits, or provide expert 890
testimony regarding any complaint or application filed with the 891
department relating to a profession under the jurisdiction of 892
the department shall be considered an agent of the department in 893
determining the state insurance coverage and sovereign immunity 894
protection applicability of ss. 284.31 and 768.28. 895
Section 27. For the purpose of incorporating the amendment 896
made by this act to section 768.28, Florida Statutes, in a 897
reference thereto, paragraph (a) of subsection (15) of section 898
456.076, Florida Statutes, is reenacted to read: 899
456.076 Impaired practitioner programs. — 900
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(15)(a) A consultant retained pursuant to this secti on and 901
a consultant's directors, officers, employees, or agents shall 902
be considered agents of the department for purposes of s. 768.28 903
while acting within the scope of the consultant's duties under 904
the contract with the department. 905
Section 28. For the purpose of incorporating the amendment 906
made by this act to section 768.28, Florida Statutes, in a 907
reference thereto, subsection (3) of section 471.038, Florida 908
Statutes, is reenacted to read: 909
471.038 Florida Engineers Management Corporation. — 910
(3) The Florida Engineers Management Corporation is 911
created to provide administrative, investigative, and 912
prosecutorial services to the board in accordance with the 913
provisions of chapter 455 and this chapter. The management 914
corporation may hire staff as necessary t o carry out its 915
functions. Such staff are not public employees for the purposes 916
of chapter 110 or chapter 112, except that the board of 917
directors and the staff are subject to the provisions of s. 918
112.061. The provisions of s. 768.28 apply to the management 919
corporation, which is deemed to be a corporation primarily 920
acting as an instrumentality of the state, but which is not an 921
agency within the meaning of s. 20.03(11). The management 922
corporation shall: 923
(a) Be a Florida corporation not for profit, incorpora ted 924
under the provisions of chapter 617. 925
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(b) Provide administrative, investigative, and 926
prosecutorial services to the board in accordance with the 927
provisions of chapter 455, this chapter, and the contract 928
required by this section. 929
(c) Receive, hold, an d administer property and make only 930
prudent expenditures directly related to the responsibilities of 931
the board, and in accordance with the contract required by this 932
section. 933
(d) Be approved by the board, and the department, to 934
operate for the benefit of the board and in the best interest of 935
the state. 936
(e) Operate under a fiscal year that begins on July 1 of 937
each year and ends on June 30 of the following year. 938
(f) Have a seven-member board of directors, five of whom 939
are to be appointed by the board and must be registrants 940
regulated by the board and two of whom are to be appointed by 941
the secretary and must be laypersons not regulated by the board. 942
All appointments shall be for 4 -year terms. No member shall 943
serve more than two consecutive terms. Failure t o attend three 944
consecutive meetings shall be deemed a resignation from the 945
board, and the vacancy shall be filled by a new appointment. 946
(g) Select its officers in accordance with its bylaws. The 947
members of the board of directors who were appointed by the 948
board may be removed by the board. 949
(h) Select the president of the management corporation, 950
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who shall also serve as executive director to the board, subject 951
to approval of the board. 952
(i) Use a portion of the interest derived from the 953
management corporation account to offset the costs associated 954
with the use of credit cards for payment of fees by applicants 955
or licensees. 956
(j) Operate under a written contract with the department 957
which is approved by the board. The contract must provide for, 958
but is not limited to: 959
1. Submission by the management corporation of an annual 960
budget that complies with board rules for approval by the board 961
and the department. 962
2. Annual certification by the board and the department 963
that the management corporation is complying with the terms of 964
the contract in a manner consistent with the goals and purposes 965
of the board and in the best interest of the state. This 966
certification must be reported in the board's minutes. The 967
contract must also provide for methods and mechanisms to r esolve 968
any situation in which the certification process determines 969
noncompliance. 970
3. Funding of the management corporation through 971
appropriations allocated to the regulation of professional 972
engineers from the Professional Regulation Trust Fund. 973
4. The reversion to the board, or the state if the board 974
ceases to exist, of moneys, records, data, and property held in 975
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trust by the management corporation for the benefit of the 976
board, if the management corporation is no longer approved to 977
operate for the board or the board ceases to exist. All records 978
and data in a computerized database shall be returned to the 979
department in a form that is compatible with the computerized 980
database of the department. 981
5. The securing and maintaining by the management 982
corporation, during the term of the contract and for all acts 983
performed during the term of the contract, of all liability 984
insurance coverages in an amount to be approved by the board to 985
defend, indemnify, and hold harmless the management corporation 986
and its officers and employees, the department and its 987
employees, and the state against all claims arising from state 988
and federal laws. Such insurance coverage must be with insurers 989
qualified and doing business in the state. The management 990
corporation must provide proof o f insurance to the department. 991
The department and its employees and the state are exempt from 992
and are not liable for any sum of money which represents a 993
deductible, which sums shall be the sole responsibility of the 994
management corporation. Violation of thi s subparagraph shall be 995
grounds for terminating the contract. 996
6. Payment by the management corporation, out of its 997
allocated budget, to the department of all costs of 998
representation by the board counsel, including salary and 999
benefits, travel, and any oth er compensation traditionally paid 1000
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by the department to other board counsel. 1001
7. Payment by the management corporation, out of its 1002
allocated budget, to the department of all costs incurred by the 1003
management corporation or the board for the Division of 1004
Administrative Hearings of the Department of Management Services 1005
and any other cost for utilization of these state services. 1006
8. Payment by the management corporation, out of its 1007
allocated budget, to the department of reasonable costs 1008
associated with the con tract monitor. 1009
(k) Provide for an annual financial audit of its financial 1010
accounts and records by an independent certified public 1011
accountant. The annual audit report shall include a management 1012
letter in accordance with s. 11.45 and a detailed supplementa l 1013
schedule of expenditures for each expenditure category. The 1014
annual audit report must be submitted to the board, the 1015
department, and the Auditor General for review. 1016
(l) Provide for persons not employed by the corporation 1017
who are charged with the responsibility of receiving and 1018
depositing fee and fine revenues to have a faithful performance 1019
bond in such an amount and according to such terms as shall be 1020
determined in the contract. 1021
(m) Submit to the secretary, the board, and the 1022
Legislature, on or before October 1 of each year, a report on 1023
the status of the corporation which includes, but is not limited 1024
to, information concerning the programs and funds that have been 1025
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transferred to the corporation. The report must include: the 1026
number of license appl ications received; the number approved and 1027
denied and the number of licenses issued; the number of 1028
examinations administered and the number of applicants who 1029
passed or failed the examination; the number of complaints 1030
received; the number determined to be l egally sufficient; the 1031
number dismissed; the number determined to have probable cause; 1032
the number of administrative complaints issued and the status of 1033
the complaints; and the number and nature of disciplinary 1034
actions taken by the board. 1035
(n) Develop and submit to the department, performance 1036
standards and measurable outcomes for the board to adopt by rule 1037
in order to facilitate efficient and cost -effective regulation. 1038
Section 29. For the purpose of incorporating the amendment 1039
made by this act to sectio n 768.28, Florida Statutes, in a 1040
reference thereto, paragraph (b) of subsection (11) of section 1041
472.006, Florida Statutes, is reenacted to read: 1042
472.006 Department; powers and duties. —The department 1043
shall: 1044
(11) Provide legal counsel for the board by co ntracting 1045
with the Department of Legal Affairs, by retaining private 1046
counsel pursuant to s. 287.059, or by providing department staff 1047
counsel. The board shall periodically review and evaluate the 1048
services provided by its board counsel. Fees and costs of su ch 1049
counsel shall be paid from the General Inspection Trust Fund, 1050
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subject to ss. 215.37 and 472.011. All contracts for independent 1051
legal counsel must provide for periodic review and evaluation by 1052
the board and the department of services provided. 1053
(b) Any person retained by the department under contract 1054
to review materials, make site visits, or provide expert 1055
testimony regarding any complaint or application filed with the 1056
department relating to the practice of surveying and mapping 1057
shall be considered an ag ent of the department in determining 1058
the state insurance coverage and sovereign immunity protection 1059
applicability of ss. 284.31 and 768.28. 1060
Section 30. For the purpose of incorporating the amendment 1061
made by this act to section 768.28, Florida Statutes, in a 1062
reference thereto, subsection (7) of section 497.167, Florida 1063
Statutes, is reenacted to read: 1064
497.167 Administrative matters. — 1065
(7) Any person retained by the department under contract 1066
to review materials, make site visits, or provide expert 1067
testimony regarding any complaint or application filed with the 1068
department, relating to regulation under this chapter, shall be 1069
considered an agent of the department in determining the state 1070
insurance coverage and sovereign immunity protection 1071
applicability of ss. 284.31 and 768.28. 1072
Section 31. For the purpose of incorporating the amendment 1073
made by this act to section 768.28, Florida Statutes, in a 1074
reference thereto, subsection (2) of section 513.118, Florida 1075
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Statutes, is reenacted to read: 1076
513.118 Conduct on premises; refusal of service. — 1077
(2) The operator of a recreational vehicle park may 1078
request that a transient guest or visitor who violates 1079
subsection (1) leave the premises immediately. A person who 1080
refuses to leave the premises commits the offense of trespass as 1081
provided in s. 810.08, and the operator may call a law 1082
enforcement officer to have the person and his or her property 1083
removed under the supervision of the officer. A law enforcement 1084
officer is not liable for any claim involving the removal of the 1085
person or property from the recreational vehicle park under this 1086
section, except as provided in s. 768.28. If conditions do not 1087
allow for immediate removal of the person's property, he or she 1088
may arrange a reasonable time, not to exceed 48 hours, with the 1089
operator to come remove the property, accompanied by a law 1090
enforcement officer. 1091
Section 32. For the purpose of incorporating the amendment 1092
made by this act to section 768.28, Florida Statutes, in a 1093
reference thereto, subsection (1) of section 548.0 46, Florida 1094
Statutes, is reenacted to read: 1095
548.046 Physician's attendance at match; examinations; 1096
cancellation of match. — 1097
(1) The commission, or the commission representative, 1098
shall assign to each match at least one physician who shall 1099
observe the physical condition of the participants and advise 1100
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the commissioner or commission representative in charge and the 1101
referee of the participants' conditions before, during, and 1102
after the match. The commission shall establish a schedule of 1103
fees for the physician' s services. The physician's fee shall be 1104
paid by the promoter of the match attended by the physician. The 1105
physician shall be considered an agent of the commission in 1106
determining the state insurance coverage and sovereign immunity 1107
protection applicability o f ss. 284.31 and 768.28. 1108
Section 33. For the purpose of incorporating the amendment 1109
made by this act to section 768.28, Florida Statutes, in a 1110
reference thereto, subsection (8) of section 556.106, Florida 1111
Statutes, is reenacted to read: 1112
556.106 Liability of the member operator, excavator, and 1113
system.— 1114
(8) Any liability of the state, its agencies, or its 1115
subdivisions which arises out of this chapter is subject to the 1116
provisions of s. 768.28. 1117
Section 34. For the purpose of incorporating the amendm ent 1118
made by this act to section 768.28, Florida Statutes, in a 1119
reference thereto, paragraph (e) of subsection (4) of section 1120
589.19, Florida Statutes, is reenacted to read: 1121
589.19 Creation of certain state forests; naming of 1122
certain state forests; Operat ion Outdoor Freedom Program. — 1123
(4) 1124
(e)1. A private landowner who provides land for 1125
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designation and use as an Operation Outdoor Freedom Program 1126
hunting site shall have limited liability pursuant to s. 1127
375.251. 1128
2. A private landowner who consents to the designation and 1129
use of land as part of the Operation Outdoor Freedom Program 1130
without compensation shall be considered a volunteer, as defined 1131
in s. 110.501, and shall be covered by state liability 1132
protection pursuant to s. 768.28, including s. 768.28(9). 1133
3. This subsection does not: 1134
a. Relieve any person of liability that would otherwise 1135
exist for deliberate, willful, or malicious injury to persons or 1136
property. 1137
b. Create or increase the liability of any person. 1138
Section 35. For the purpose of incor porating the amendment 1139
made by this act to section 768.28, Florida Statutes, in a 1140
reference thereto, paragraph (c) of subsection (2) of section 1141
723.0611, Florida Statutes, is reenacted to read: 1142
723.0611 Florida Mobile Home Relocation Corporation. — 1143
(2) 1144
(c) The corporation shall, for purposes of s. 768.28, be 1145
considered an agency of the state. Agents or employees of the 1146
corporation, members of the board of directors of the 1147
corporation, or representatives of the Division of Florida 1148
Condominiums, Timeshare s, and Mobile Homes shall be considered 1149
officers, employees, or agents of the state, and actions against 1150
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them and the corporation shall be governed by s. 768.28. 1151
Section 36. For the purpose of incorporating the amendment 1152
made by this act to section 768 .28, Florida Statutes, in a 1153
reference thereto, subsection (5) of section 760.11, Florida 1154
Statutes, is reenacted to read: 1155
760.11 Administrative and civil remedies; construction. — 1156
(5) In any civil action brought under this section, the 1157
court may issue an order prohibiting the discriminatory practice 1158
and providing affirmative relief from the effects of the 1159
practice, including back pay. The court may also award 1160
compensatory damages, including, but not limited to, damages for 1161
mental anguish, loss of dignity, and any other intangible 1162
injuries, and punitive damages. The provisions of ss. 768.72 and 1163
768.73 do not apply to this section. The judgment for the total 1164
amount of punitive damages awarded under this section to an 1165
aggrieved person shall not exceed $100,00 0. In any action or 1166
proceeding under this subsection, the court, in its discretion, 1167
may allow the prevailing party a reasonable attorney's fee as 1168
part of the costs. It is the intent of the Legislature that this 1169
provision for attorney's fees be interpreted in a manner 1170
consistent with federal case law involving a Title VII action. 1171
The right to trial by jury is preserved in any such private 1172
right of action in which the aggrieved person is seeking 1173
compensatory or punitive damages, and any party may demand a 1174
trial by jury. The commission's determination of reasonable 1175
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cause is not admissible into evidence in any civil proceeding, 1176
including any hearing or trial, except to establish for the 1177
court the right to maintain the private right of action. A civil 1178
action brought under this section shall be commenced no later 1179
than 1 year after the date of determination of reasonable cause 1180
by the commission. The commencement of such action shall divest 1181
the commission of jurisdiction of the complaint, except that the 1182
commission may intervene in the civil action as a matter of 1183
right. Notwithstanding the above, the state and its agencies and 1184
subdivisions shall not be liable for punitive damages. The total 1185
amount of recovery against the state and its agencies and 1186
subdivisions shall n ot exceed the limitation as set forth in s. 1187
768.28(5). 1188
Section 37. For the purpose of incorporating the amendment 1189
made by this act to section 768.28, Florida Statutes, in a 1190
reference thereto, subsection (5) of section 766.1115, Florida 1191
Statutes, is reenacted to read: 1192
766.1115 Health care providers; creation of agency 1193
relationship with governmental contractors. — 1194
(5) NOTICE OF AGENCY RELATIONSHIP. —The governmental 1195
contractor must provide written notice to each patient, or the 1196
patient's legal represent ative, receipt of which must be 1197
acknowledged in writing, that the provider is an agent of the 1198
governmental contractor and that the exclusive remedy for injury 1199
or damage suffered as the result of any act or omission of the 1200
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provider or of any employee or age nt thereof acting within the 1201
scope of duties pursuant to the contract is by commencement of 1202
an action pursuant to the provisions of s. 768.28. With respect 1203
to any federally funded community health center, the notice 1204
requirements may be met by posting in a place conspicuous to all 1205
persons a notice that the federally funded community health 1206
center is an agent of the governmental contractor and that the 1207
exclusive remedy for injury or damage suffered as the result of 1208
any act or omission of the provider or of an y employee or agent 1209
thereof acting within the scope of duties pursuant to the 1210
contract is by commencement of an action pursuant to the 1211
provisions of s. 768.28. 1212
Section 38. For the purpose of incorporating the amendment 1213
made by this act to section 768.2 8, Florida Statutes, in a 1214
reference thereto, subsection (2) of section 766.112, Florida 1215
Statutes, is reenacted to read: 1216
766.112 Comparative fault. — 1217
(2) In an action for damages for personal injury or 1218
wrongful death arising out of medical negligence, wh ether in 1219
contract or tort, when an apportionment of damages pursuant to 1220
s. 768.81 is attributed to a board of trustees of a state 1221
university, the court shall enter judgment against the board of 1222
trustees on the basis of the board's percentage of fault and n ot 1223
on the basis of the doctrine of joint and several liability. The 1224
sole remedy available to a claimant to collect a judgment or 1225
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settlement against a board of trustees, subject to the 1226
provisions of this subsection, shall be pursuant to s. 768.28. 1227
Section 39. For the purpose of incorporating the amendment 1228
made by this act to section 768.28, Florida Statutes, in a 1229
reference thereto, subsection (3) of section 768.1355, Florida 1230
Statutes, is reenacted to read: 1231
768.1355 Florida Volunteer Protection Act. — 1232
(3) Members of elected or appointed boards, councils, and 1233
commissions of the state, counties, municipalities, authorities, 1234
and special districts shall incur no civil liability and shall 1235
have immunity from suit as provided in s. 768.28 for acts or 1236
omissions by members relating to members' conduct of their 1237
official duties. It is the intent of the Legislature to 1238
encourage our best and brightest people to serve on elected and 1239
appointed boards, councils, and commissions. 1240
Section 40. For the purpose of incorp orating the amendment 1241
made by this act to section 768.28, Florida Statutes, in a 1242
reference thereto, subsection (4) of section 768.295, Florida 1243
Statutes, is reenacted to read: 1244
768.295 Strategic Lawsuits Against Public Participation 1245
(SLAPP) prohibited.— 1246
(4) A person or entity sued by a governmental entity or 1247
another person in violation of this section has a right to an 1248
expeditious resolution of a claim that the suit is in violation 1249
of this section. A person or entity may move the court for an 1250
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order dismissing the action or granting final judgment in favor 1251
of that person or entity. The person or entity may file a motion 1252
for summary judgment, together with supplemental affidavits, 1253
seeking a determination that the claimant's or governmental 1254
entity's lawsuit has been brought in violation of this section. 1255
The claimant or governmental entity shall thereafter file a 1256
response and any supplemental affidavits. As soon as 1257
practicable, the court shall set a hearing on the motion, which 1258
shall be held at the earliest pos sible time after the filing of 1259
the claimant's or governmental entity's response. The court may 1260
award, subject to the limitations in s. 768.28, the party sued 1261
by a governmental entity actual damages arising from a 1262
governmental entity's violation of this sec tion. The court shall 1263
award the prevailing party reasonable attorney fees and costs 1264
incurred in connection with a claim that an action was filed in 1265
violation of this section. 1266
Section 41. For the purpose of incorporating the amendment 1267
made by this act to section 768.28, Florida Statutes, in a 1268
reference thereto, subsection (2) of section 944.713, Florida 1269
Statutes, is reenacted to read: 1270
944.713 Insurance against liability. — 1271
(2) The contract shall provide for indemnification of the 1272
state by the private vendor for any liabilities incurred up to 1273
the limits provided under s. 768.28(5). The contract shall 1274
provide that the private vendor, or the insurer of the private 1275
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vendor, is liable to pay any claim or judgment for any one 1276
person which does not exceed the sum of $100,000 or any claim or 1277
judgment, or portions thereof, which, when totaled with all 1278
other claims or judgments arising out of the same incident or 1279
occurrence, does not exceed the sum of $200,000. In addition, 1280
the contractor must agree to defend, hol d harmless, and 1281
indemnify the department against any and all actions, claims, 1282
damages and losses, including costs and attorney's fees. 1283
Section 42. For the purpose of incorporating the amendment 1284
made by this act to section 768.28, Florida Statutes, in a 1285
reference thereto, section 946.5026, Florida Statutes, is 1286
reenacted to read: 1287
946.5026 Sovereign immunity in tort actions. —The 1288
provisions of s. 768.28 shall be applicable to the corporation 1289
established under this part, which is deemed to be a corporation 1290
primarily acting as an instrumentality of the state. 1291
Section 43. For the purpose of incorporating the amendment 1292
made by this act to section 768.28, Florida Statutes, in a 1293
reference thereto, subsection (3) of section 946.514, Florida 1294
Statutes, is reenacted to read: 1295
946.514 Civil rights of inmates; inmates not state 1296
employees; liability of corporation for inmate injuries. — 1297
(3) The corporation is liable for inmate injury to the 1298
extent specified in s. 768.28; however, the members of the board 1299
of directors are not individually liable to any inmate for any 1300
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injury sustained in any correctional work program operated by 1301
the corporation. 1302
Section 44. For the purpose of incorporating the amendment 1303
made by this act to section 768.28, Florida Statutes, in a 1304
reference thereto, subsections (5), (6), and (7) of section 1305
961.06, Florida Statutes, are reenacted to read: 1306
961.06 Compensation for wrongful incarceration. — 1307
(5) Before the department approves the application for 1308
compensation, the wrongfully incarcerate d person must sign a 1309
release and waiver on behalf of the wrongfully incarcerated 1310
person and his or her heirs, successors, and assigns, forever 1311
releasing the state or any agency, instrumentality, or any 1312
political subdivision thereof, or any other entity sub ject to s. 1313
768.28, from all present or future claims that the wrongfully 1314
incarcerated person or his or her heirs, successors, or assigns 1315
may have against such entities arising out of the facts in 1316
connection with the wrongful conviction for which compensati on 1317
is being sought under the act. 1318
(6)(a) A wrongfully incarcerated person may not submit an 1319
application for compensation under this act if the person has a 1320
lawsuit pending against the state or any agency, 1321
instrumentality, or any political subdivision the reof, or any 1322
other entity subject to the provisions of s. 768.28, in state or 1323
federal court requesting compensation arising out of the facts 1324
in connection with the claimant's conviction and incarceration. 1325
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(b) A wrongfully incarcerated person may not submit an 1326
application for compensation under this act if the person is the 1327
subject of a claim bill pending for claims arising out of the 1328
facts in connection with the claimant's conviction and 1329
incarceration. 1330
(c) Once an application is filed under this act , a 1331
wrongfully incarcerated person may not pursue recovery under a 1332
claim bill until the final disposition of the application. 1333
(d) Any amount awarded under this act is intended to 1334
provide the sole compensation for any and all present and future 1335
claims arising out of the facts in connection with the 1336
claimant's conviction and incarceration. Upon notification by 1337
the department that an application meets the requirements of 1338
this act, a wrongfully incarcerated person may not recover under 1339
a claim bill. 1340
(e) Any compensation awarded under a claim bill shall be 1341
the sole redress for claims arising out of the facts in 1342
connection with the claimant's conviction and incarceration and, 1343
upon any award of compensation to a wrongfully incarcerated 1344
person under a claim bill , the person may not receive 1345
compensation under this act. 1346
(7) Any payment made under this act does not constitute a 1347
waiver of any defense of sovereign immunity or an increase in 1348
the limits of liability on behalf of the state or any person 1349
subject to the provisions of s. 768.28 or other law. 1350
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Section 45. For the purpose of incorporating the amendment 1351
made by this act to section 768.28, Florida Statutes, in a 1352
reference thereto, paragraph (h) of subsection (12) of section 1353
1002.33, Florida Statutes, is ree nacted to read: 1354
1002.33 Charter schools. — 1355
(12) EMPLOYEES OF CHARTER SCHOOLS. — 1356
(h) For the purposes of tort liability, the charter 1357
school, including its governing body and employees, shall be 1358
governed by s. 768.28. This paragraph does not include any for-1359
profit entity contracted by the charter school or its governing 1360
body. 1361
Section 46. For the purpose of incorporating the amendment 1362
made by this act to section 768.28, Florida Statutes, in a 1363
reference thereto, paragraph (b) of subsection (6) of sectio n 1364
1002.333, Florida Statutes, is reenacted to read: 1365
1002.333 Persistently low -performing schools.— 1366
(6) STATUTORY AUTHORITY. — 1367
(b) For the purposes of tort liability, the hope operator, 1368
the school of hope, and its employees or agents shall be 1369
governed by s. 768.28. The sponsor shall not be liable for civil 1370
damages under state law for the employment actions or personal 1371
injury, property damage, or death resulting from an act or 1372
omission of a hope operator, the school of hope, or its 1373
employees or agents. T his paragraph does not include any for -1374
profit entity contracted by the charter school or its governing 1375
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body. 1376
Section 47. For the purpose of incorporating the amendment 1377
made by this act to section 768.28, Florida Statutes, in a 1378
reference thereto, subsec tion (17) of section 1002.34, Florida 1379
Statutes, is reenacted to read: 1380
1002.34 Charter technical career centers. — 1381
(17) IMMUNITY.—For the purposes of tort liability, the 1382
governing body and employees of a center are governed by s. 1383
768.28. 1384
Section 48. For the purpose of incorporating the amendment 1385
made by this act to section 768.28, Florida Statutes, in a 1386
reference thereto, paragraph (l) of subsection (3) of section 1387
1002.55, Florida Statutes, is reenacted to read: 1388
1002.55 School-year prekindergarten p rogram delivered by 1389
private prekindergarten providers. — 1390
(3) To be eligible to deliver the prekindergarten program, 1391
a private prekindergarten provider must meet each of the 1392
following requirements: 1393
(l) Notwithstanding paragraph (j), for a private 1394
prekindergarten provider that is a state agency or a subdivision 1395
thereof, as defined in s. 768.28(2), the provider must agree to 1396
notify the coalition of any additional liability coverage 1397
maintained by the provider in addition to that otherwise 1398
established under s. 768.28. The provider shall indemnify the 1399
coalition to the extent permitted by s. 768.28. Notwithstanding 1400
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paragraph (j), for a child development program that is 1401
accredited by a national accrediting body and operates on a 1402
military installation that is cert ified by the United States 1403
Department of Defense, the provider may demonstrate liability 1404
coverage by affirming that it is subject to the Federal Tort 1405
Claims Act, 28 U.S.C. ss. 2671 et seq. 1406
Section 49. For the purpose of incorporating the amendment 1407
made by this act to section 768.28, Florida Statutes, in a 1408
reference thereto, subsection (10) of section 1002.83, Florida 1409
Statutes, is reenacted to read: 1410
1002.83 Early learning coalitions. — 1411
(10) For purposes of tort liability, each member or 1412
employee of an early learning coalition shall be governed by s. 1413
768.28. 1414
Section 50. For the purpose of incorporating the amendment 1415
made by this act to section 768.28, Florida Statutes, in a 1416
reference thereto, paragraph (p) of subsection (1) of section 1417
1002.88, Florida Statutes, is reenacted to read: 1418
1002.88 School readiness program provider standards; 1419
eligibility to deliver the school readiness program. — 1420
(1) To be eligible to deliver the school readiness 1421
program, a school readiness program provider must: 1422
(p) Notwithstanding paragraph (m), for a provider that is 1423
a state agency or a subdivision thereof, as defined in s. 1424
768.28(2), agree to notify the coalition of any additional 1425
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liability coverage maintained by the provider in addition to 1426
that otherwise established under s. 768.28. The provider shall 1427
indemnify the coalition to the extent permitted by s. 768.28. 1428
Notwithstanding paragraph (m), for a child development program 1429
that is accredited by a national accrediting body and operates 1430
on a military installation that is certified by the United 1431
States Department of Defense, the provider may demonstrate 1432
liability coverage by affirming that it is subject to the 1433
Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1434
Section 51. For the purpose of incorporating the amendm ent 1435
made by this act to section 768.28, Florida Statutes, in a 1436
reference thereto, subsection (1) of section 1006.24, Florida 1437
Statutes, is reenacted to read: 1438
1006.24 Tort liability; liability insurance. — 1439
(1) Each district school board shall be liable for tort 1440
claims arising out of any incident or occurrence involving a 1441
school bus or other motor vehicle owned, maintained, operated, 1442
or used by the district school board to transport persons, to 1443
the same extent and in the same manner as the state or any of 1444
its agencies or subdivisions is liable for tort claims under s. 1445
768.28, except that the total liability to persons being 1446
transported for all claims or judgments of such persons arising 1447
out of the same incide nt or occurrence shall not exceed an 1448
amount equal to $5,000 multiplied by the rated seating capacity 1449
of the school bus or other vehicle, as determined by rules of 1450
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the State Board of Education, or $100,000, whichever is greater. 1451
The provisions of s. 768.28 apply to all claims or actions 1452
brought against district school boards, as authorized in this 1453
subsection. 1454
Section 52. For the purpose of incorporating the amendment 1455
made by this act to section 768.28, Florida Statutes, in a 1456
reference thereto, paragraph (b) of subsection (2) of section 1457
1006.261, Florida Statutes, is reenacted to read: 1458
1006.261 Use of school buses for public purposes. — 1459
(2) 1460
(b) For purposes of liability for negligence, state 1461
agencies or subdivisions as defined in s. 768.28(2) shall be 1462
covered by s. 768.28. Every other corporation or organization 1463
shall provide liability insurance coverage in the minimum 1464
amounts of $100,000 on any claim or judgment and $200,000 on all 1465
claims and judgments arising from the same incident or 1466
occurrence. 1467
Section 53. This act shall take effect July 1, 2022. 1468