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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 the timeframe within which 14
the appropriate agency must make final disposition of 15
a claim after it is filed to prevent t he claim from 16
being deemed denied; revising exceptions relating to 17
instituting actions on claims against the state or one 18
of its agencies and to the statute of limitations for 19
such claims; reenacting ss. 45.061(5), 110.504(4), 20
111.071(1)(a), 163.01(15)(k), 190.043, 213.015(13), 21
252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 22
322.13(1)(b), 337.19(1), 341.302(17), 373.1395(6), 23
375.251(3)(a), 381.0056(9), 393.075(3), 24
395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a), 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and (3)(a), 455.221(3), 455.32(5), 456.009(3), 26
456.076(15)(a), 471.038(3), 472.006(11)(b), 27
497.167(7), 513.118(2), 548.046(1), 556.106(8), 28
589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5), 29
766.112(2), 768.1355(3), 768.295(4), 944.713(2), 30
946.5026, 946.514(3), 961.06(5), (6), and (7), 31
1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 32
1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), 33
and 1006.261(2)(b), F.S., to incorporate the 34
amendments made to s. 768.28, F.S., in references 35
thereto; providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Subsection (5), paragraphs (a) and (d) of 40
subsection (6), and subsection (14) of section 768.28, Florida 41
Statutes, are amended to read: 42
768.28 Waiver of sovereign immunity in tort actions; 43
recovery limits; civil liability for damages caused during a 44
riot; limitation on attorney fees; statute of limitations; 45
exclusions; indemnification; risk management programs. — 46
(5)(a) The state and its agencies and subdivisions shall 47
be liable for tort claims in the same manner and to the same 48
extent as a private individual under like circumstances, but 49
liability shall not include punitive damages or interest for the 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
period before judgment. Neither the state nor its agencies or 51
subdivisions shall be liable to pay a c laim or a judgment by any 52
one person which exceeds the sum of $1 million $200,000 or any 53
claim or judgment, or portions thereof, which, when totaled with 54
all other claims or judgments paid by the state or its agencies 55
or subdivisions arising out of the sam e incident or occurrence, 56
exceeds the sum of $300,000 . However, a judgment or judgments 57
may be claimed and rendered in excess of this amount these 58
amounts and may be settled and paid pursuant to this act up to 59
$1 million per person, $200,000 or $300,000, a s the case may be; 60
and that portion of the judgment that exceeds this amount these 61
amounts may be reported to the Legislature, and but may be paid 62
in part or in whole only by further act of the Legislature. 63
(b) Notwithstanding the limited waiver of sover eign 64
immunity provided in paragraph (a) herein, the state or an 65
agency or subdivision thereof may agree , within the limits of 66
insurance coverage provided, to settle a claim made or a 67
judgment rendered against it in excess of the waiver provided in 68
paragraph (a) without further action by the Legislature, but the 69
state or agency or subdivision thereof shall not be deemed to 70
have waived any defense of sovereign immunity or to have 71
increased the limits of its liability as a result of its 72
obtaining insurance cov erage for tortious acts in excess of the 73
$200,000 or $300,000 waiver provided in paragraph (a) above. An 74
insurance policy may not condition the payment of benefits, in 75
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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
whole or in part, on the enactment of a claim bill. 76
(c) The limitations of liability s et forth in this 77
subsection shall apply to the state and its agencies and 78
subdivisions whether or not the state or its agencies or 79
subdivisions possessed sovereign immunity before July 1, 1974. 80
(d) When determining liability limits for a claim, the 81
limitations of liability in effect on the date a final judgment 82
is entered shall apply to the claim. 83
(e) Beginning July 1, 2023, and every July 1 thereafter, 84
the Department of Financial Services shall adjust the 85
limitations of liability in this subsection to reflect changes 86
in the Consumer Price Index for the Southeast or a successor 87
index as calculated by the United States Department of Labor. 88
(f)(b) A municipality has a duty to allow the municipal 89
law enforcement agency to respond appropriately to protect 90
persons and property during a riot or an unlawful assembly based 91
on the availability of adequate equipment to its municipal law 92
enforcement officers and relevant state and federal laws. If the 93
governing body of a municipality or a person authorized by the 94
governing body of the municipality breaches that duty, the 95
municipality is civilly liable for any damages, including 96
damages arising from personal injury, wrongful death, or 97
property damages proximately caused by the municipality's breach 98
of duty. The sovereign immunity recovery limits in paragraph (a) 99
do not apply to an action under this paragraph. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6)(a) An action may not be instituted on a claim against 101
the state or one of its agencies or subdivisions unless the 102
claimant presents the claim in writing t o the appropriate 103
agency, and also, except as to any claim against a municipality, 104
county, or the Florida Space Authority, presents such claim in 105
writing to the Department of Financial Services, within 3 years 106
after such claim accrues and the Department of Financial 107
Services or the appropriate agency denies the claim in writing; 108
except that, if: 109
1. Such claim is for contribution pursuant to s. 768.31, 110
it must be so presented within 6 months after the judgment 111
against the tortfeasor seeking contribution ha s become final by 112
lapse of time for appeal or after appellate review or, if there 113
is no such judgment, within 6 months after the tortfeasor 114
seeking contribution has either discharged the common liability 115
by payment or agreed, while the action is pending ag ainst her or 116
him, to discharge the common liability; or 117
2. Such action is for wrongful death, the claimant must 118
present the claim in writing to the Department of Financial 119
Services within 2 years after the claim accrues ; or 120
3. Such action arises from a violation of s. 794.011 121
involving a victim who was younger than the age of 16 at the 122
time of the act, the claimant may present the claim in writing 123
at any time pursuant to s. 95.11(9) . 124
(d) For purposes of this section, complete, accurate, and 125
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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
timely compliance with the requirements of paragraph (c) shall 126
occur prior to settlement payment, close of discovery or 127
commencement of trial, whichever is sooner; provided the ability 128
to plead setoff is not precluded by the delay. This setoff shall 129
apply only against that part of the settlement or judgment 130
payable to the claimant, minus claimant's reasonable attorney's 131
fees and costs. Incomplete or inaccurate disclosure of unpaid 132
adjudicated claims due the state, its agency, officer, or 133
subdivision, may be excused b y the court upon a showing by the 134
preponderance of the evidence of the claimant's lack of 135
knowledge of an adjudicated claim and reasonable inquiry by, or 136
on behalf of, the claimant to obtain the information from public 137
records. Unless the appropriate agenc y had actual notice of the 138
information required to be disclosed by paragraph (c) in time to 139
assert a setoff, an unexcused failure to disclose shall, upon 140
hearing and order of court, cause the claimant to be liable for 141
double the original undisclosed judgme nt and, upon further 142
motion, the court shall enter judgment for the agency in that 143
amount. Except as provided otherwise in this subsection, the 144
failure of the Department of Financial Services or the 145
appropriate agency to make final disposition of a claim w ithin 3 146
6 months after it is filed shall be deemed a final denial of the 147
claim for purposes of this section. For purposes of this 148
subsection, in medical malpractice actions and in wrongful death 149
actions, the failure of the Department of Financial Services or 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the appropriate agency to make final disposition of a claim 151
within 90 days after it is filed shall be deemed a final denial 152
of the claim. The statute of limitations for medical malpractice 153
actions and wrongful death actions is tolled for the period of 154
time taken by the Department of Financial Services or the 155
appropriate agency to deny the claim. The provisions of this 156
subsection do not apply to such claims as may be asserted by 157
counterclaim pursuant to s. 768.14. 158
(14) Every claim against the state or o ne of its agencies 159
or subdivisions for damages for a negligent or wrongful act or 160
omission pursuant to this section shall be forever barred unless 161
the civil action is commenced by filing a complaint in the court 162
of appropriate jurisdiction within 4 years a fter such claim 163
accrues; except that : 164
(a) An action for contribution must be commenced within 165
the limitations provided in s. 768.31(4) ;, and 166
(b) An action for damages arising from medical malpractice 167
or wrongful death must be commenced within the limit ations for 168
such actions in s. 95.11(4) ; and 169
(c) An action arising from acts constituting a violation 170
of s. 794.011 involving a victim who was younger than the age of 171
16 at the time of the act may be commenced at any time pursuant 172
to s. 95.11(9). 173
Section 2. For the purpose of incorporating the amendment 174
made by this act to section 768.28, Florida Statutes, in a 175
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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
reference thereto, subsection (5) of section 45.061, Florida 176
Statutes, is reenacted to read: 177
45.061 Offers of settlement. — 178
(5) Sanctions authorized under this section may be imposed 179
notwithstanding any limitation on recovery of costs or expenses 180
which may be provided by contract or in other provisions of 181
Florida law. This section shall not be construed to waive the 182
limits of sovereign immunit y set forth in s. 768.28. 183
Section 3. For the purpose of incorporating the amendment 184
made by this act to section 768.28, Florida Statutes, in a 185
reference thereto, subsection (4) of section 110.504, Florida 186
Statutes, is reenacted to read: 187
110.504 Volunteer benefits.— 188
(4) Volunteers shall be covered by state liability 189
protection in accordance with the definition of a volunteer and 190
the provisions of s. 768.28. 191
Section 4. For the purpose of incorporating the amendment 192
made by this act to section 768. 28, Florida Statutes, in a 193
reference thereto, paragraph (a) of subsection (1) of section 194
111.071, Florida Statutes, is reenacted to read: 195
111.071 Payment of judgments or settlements against 196
certain public officers or employees. — 197
(1) Any county, municip ality, political subdivision, or 198
agency of the state which has been excluded from participation 199
in the Insurance Risk Management Trust Fund is authorized to 200
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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
expend available funds to pay: 201
(a) Any final judgment, including damages, costs, and 202
attorney's fees, arising from a complaint for damages or injury 203
suffered as a result of any act or omission of action of any 204
officer, employee, or agent in a civil or civil rights lawsuit 205
described in s. 111.07. If the civil action arises under s. 206
768.28 as a tort cla im, the limitations and provisions of s. 207
768.28 governing payment shall apply. If the action is a civil 208
rights action arising under 42 U.S.C. s. 1983, or similar 209
federal statutes, payments for the full amount of the judgment 210
may be made unless the officer, employee, or agent has been 211
determined in the final judgment to have caused the harm 212
intentionally. 213
Section 5. For the purpose of incorporating the amendment 214
made by this act to section 768.28, Florida Statutes, in a 215
reference thereto, paragraph (k) o f subsection (15) of section 216
163.01, Florida Statutes, is reenacted to read: 217
163.01 Florida Interlocal Cooperation Act of 1969. — 218
(15) Notwithstanding any other provision of this section 219
or of any other law except s. 361.14, any public agency of this 220
state which is an electric utility, or any separate legal entity 221
created pursuant to the provisions of this section, the 222
membership of which consists only of electric utilities, and 223
which exercises or proposes to exercise the powers granted by 224
part II of chapter 361, the Joint Power Act, may exercise any or 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
all of the following powers: 226
(k) The limitations on waiver in the provisions of s. 227
768.28 or any other law to the contrary notwithstanding, the 228
Legislature, in accordance with s. 13, Art. X of the State 229
Constitution, hereby declares that any such legal entity or any 230
public agency of this state that participates in any electric 231
project waives its sovereign immunity to: 232
1. All other persons participating therein; and 233
2. Any person in any manner contract ing with a legal 234
entity of which any such public agency is a member, with 235
relation to: 236
a. Ownership, operation, or any other activity set forth 237
in sub-subparagraph (b)2.d. with relation to any electric 238
project; or 239
b. The supplying or purchasing of serv ices, output, 240
capacity, energy, or any combination thereof. 241
Section 6. For the purpose of incorporating the amendment 242
made by this act to section 768.28, Florida Statutes, in a 243
reference thereto, section 190.043, Florida Statutes, is 244
reenacted to read: 245
190.043 Suits against the district. —Any suit or action 246
brought or maintained against the district for damages arising 247
out of tort, including, without limitation, any claim arising 248
upon account of an act causing an injury or loss of property, 249
personal injury, or death, shall be subject to the limitations 250
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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
provided in s. 768.28. 251
Section 7. For the purpose of incorporating the amendment 252
made by this act to section 768.28, Florida Statutes, in a 253
reference thereto, subsection (13) of section 213.015, Flori da 254
Statutes, is reenacted to read: 255
213.015 Taxpayer rights. —There is created a Florida 256
Taxpayer's Bill of Rights to guarantee that the rights, privacy, 257
and property of Florida taxpayers are adequately safeguarded and 258
protected during tax assessment, coll ection, and enforcement 259
processes administered under the revenue laws of this state. The 260
Taxpayer's Bill of Rights compiles, in one document, brief but 261
comprehensive statements which explain, in simple, nontechnical 262
terms, the rights and obligations of the Department of Revenue 263
and taxpayers. Section 192.0105 provides additional rights 264
afforded to payors of property taxes and assessments. The rights 265
afforded taxpayers to ensure that their privacy and property are 266
safeguarded and protected during tax assessm ent and collection 267
are available only insofar as they are implemented in other 268
parts of the Florida Statutes or rules of the Department of 269
Revenue. The rights so guaranteed Florida taxpayers in the 270
Florida Statutes and the departmental rules are: 271
(13) The right to an action at law within the limitations 272
of s. 768.28, relating to sovereign immunity, to recover damages 273
against the state or the Department of Revenue for injury caused 274
by the wrongful or negligent act or omission of a department 275
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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
officer or employee (see s. 768.28). 276
Section 8. For the purpose of incorporating the amendment 277
made by this act to section 768.28, Florida Statutes, in a 278
reference thereto, section 252.51, Florida Statutes, is 279
reenacted to read: 280
252.51 Liability.—Any person or organization, public or 281
private, owning or controlling real estate or other premises who 282
voluntarily and without compensation, other than payment or 283
reimbursement of costs and expenses, grants a license or 284
privilege or otherwise permits the designatio n by the local 285
emergency management agency or use of the whole or any part of 286
such real estate or premises for the purpose of sheltering 287
persons during an actual, impending, mock, or practice 288
emergency, together with her or his successor in interest, if 289
any, shall not be liable for the death of, or injury to, any 290
person on or about such real estate or premises during the 291
actual, impending, mock, or practice emergency, or for loss of, 292
or damage to, the property of such person, solely by reason or 293
as a result of such license, privilege, designation, or use, 294
unless the gross negligence or the willful and wanton misconduct 295
of such person owning or controlling such real estate or 296
premises or her or his successor in interest is the proximate 297
cause of such death, i njury, loss, or damage occurring during 298
such sheltering period. Any such person or organization who 299
provides such shelter space for compensation shall be deemed to 300
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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
be an instrumentality of the state or its applicable agency or 301
subdivision for the purposes of s. 768.28. 302
Section 9. For the purpose of incorporating the amendment 303
made by this act to section 768.28, Florida Statutes, in a 304
reference thereto, section 252.89, Florida Statutes, is 305
reenacted to read: 306
252.89 Tort liability. —The commission and th e committees 307
shall be state agencies, and the members of the commission and 308
committees shall be officers, employees, or agents of the state 309
for the purposes of s. 768.28. 310
Section 10. For the purpose of incorporating the amendment 311
made by this act to se ction 768.28, Florida Statutes, in a 312
reference thereto, section 252.944, Florida Statutes, is 313
reenacted to read: 314
252.944 Tort liability. —The commission and the committees 315
are state agencies, and the members of the commission and 316
committees are officers, employees, or agents of the state for 317
the purpose of s. 768.28. 318
Section 11. For the purpose of incorporating the amendment 319
made by this act to section 768.28, Florida Statutes, in a 320
reference thereto, subsection (2) of section 260.0125, Florida 321
Statutes, is reenacted to read: 322
260.0125 Limitation on liability of private landowners 323
whose property is designated as part of the statewide system of 324
greenways and trails. — 325
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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
(2) Any private landowner who consents to designation of 326
his or her land as part of t he statewide system of greenways and 327
trails pursuant to s. 260.016(2)(d) without compensation shall 328
be considered a volunteer, as defined in s. 110.501, and shall 329
be covered by state liability protection pursuant to s. 768.28, 330
including s. 768.28(9). 331
Section 12. For the purpose of incorporating the amendment 332
made by this act to section 768.28, Florida Statutes, in a 333
reference thereto, section 284.31, Florida Statutes, is 334
reenacted to read: 335
284.31 Scope and types of coverages; separate accounts. —336
The Insurance Risk Management Trust Fund must, unless 337
specifically excluded by the Department of Financial Services, 338
cover all departments of the State of Florida and their 339
employees, agents, and volunteers and must provide separate 340
accounts for workers' compens ation, general liability, fleet 341
automotive liability, federal civil rights actions under 42 342
U.S.C. s. 1983 or similar federal statutes, state agency 343
firefighter cancer benefits payable under s. 112.1816(2), and 344
court-awarded attorney fees in other proceedi ngs against the 345
state except for such awards in eminent domain or for inverse 346
condemnation or for awards by the Public Employees Relations 347
Commission. Unless specifically excluded by the Department of 348
Financial Services, the Insurance Risk Management Trust Fund 349
must provide fleet automotive liability coverage to motor 350
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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
vehicles titled to the state, or to any department of the state, 351
when such motor vehicles are used by community transportation 352
coordinators performing, under contract to the appropriate 353
department of the state, services for the transportation 354
disadvantaged under part I of chapter 427. Such fleet automotive 355
liability coverage is primary and is subject to s. 768.28 and 356
parts II and III of chapter 284, and applicable rules adopted 357
thereunder, and the terms and conditions of the certificate of 358
coverage issued by the Department of Financial Services. 359
Section 13. For the purpose of incorporating the amendment 360
made by this act to section 768.28, Florida Statutes, in a 361
reference thereto, section 284 .38, Florida Statutes, is 362
reenacted to read: 363
284.38 Waiver of sovereign immunity; effect. —The insurance 364
programs developed herein shall provide limits as established by 365
the provisions of s. 768.28 if a tort claim. The limits provided 366
in s. 768.28 shall n ot apply to a civil rights action arising 367
under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 368
pending or future claim or judgment arising under any of said 369
statutes may be made upon this act becoming a law, unless the 370
officer, employee, or age nt has been determined in the final 371
judgment to have caused the harm intentionally; however, the 372
fund is authorized to pay all other court -ordered attorney's 373
fees as provided under s. 284.31. 374
Section 14. For the purpose of incorporating the amendment 375
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made by this act to section 768.28, Florida Statutes, in a 376
reference thereto, paragraph (b) of subsection (1) of section 377
322.13, Florida Statutes, is reenacted to read: 378
322.13 Driver license examiners. — 379
(1) 380
(b) Those persons serving as driver license e xaminers are 381
not liable for actions taken within the scope of their 382
employment or designation, except as provided by s. 768.28. 383
Section 15. For the purpose of incorporating the amendment 384
made by this act to section 768.28, Florida Statutes, in a 385
reference thereto, subsection (1) of section 337.19, Florida 386
Statutes, is reenacted to read: 387
337.19 Suits by and against department; limitation of 388
actions; forum.— 389
(1) Suits at law and in equity may be brought and 390
maintained by and against the department on any contract claim 391
arising from breach of an express provision or an implied 392
covenant of a written agreement or a written directive issued by 393
the department pursuant to the written agreement. In any such 394
suit, the department and the contractor shall have a ll of the 395
same rights and obligations as a private person under a like 396
contract except that no liability may be based on an oral 397
modification of either the written contract or written 398
directive. Nothing herein shall be construed to waive the 399
sovereign immunity of the state and its political subdivisions 400
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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
from equitable claims and equitable remedies. Notwithstanding 401
anything to the contrary contained in this section, no employee 402
or agent of the department may be held personally liable to an 403
extent greater than that pursuant to s. 768.28 provided that no 404
suit sounding in tort shall be maintained against the 405
department. 406
Section 16. For the purpose of incorporating the amendment 407
made by this act to section 768.28, Florida Statutes, in a 408
reference thereto, sub section (17) of section 341.302, Florida 409
Statutes, is reenacted to read: 410
341.302 Rail program; duties and responsibilities of the 411
department.—The department, in conjunction with other 412
governmental entities, including the rail enterprise and the 413
private sector, shall develop and implement a rail program of 414
statewide application designed to ensure the proper maintenance, 415
safety, revitalization, and expansion of the rail system to 416
assure its continued and increased availability to respond to 417
statewide mobility needs. Within the resources provided pursuant 418
to chapter 216, and as authorized under federal law, the 419
department shall: 420
(17) In conjunction with the acquisition, ownership, 421
construction, operation, maintenance, and management of a rail 422
corridor, have the authority to: 423
(a) Assume obligations pursuant to the following: 424
1.a. The department may assume the obligation by contract 425
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to forever protect, defend, indemnify, and hold harmless the 426
freight rail operator, or its successors, from whom the 427
department has acquired a real property interest in the rail 428
corridor, and that freight rail operator's officers, agents, and 429
employees, from and against any liability, cost, and expense, 430
including, but not limited to, commuter rail passengers and rail 431
corridor invitees in the rail corridor, regardless of whether 432
the loss, damage, destruction, injury, or death giving rise to 433
any such liability, cost, or expense is caused in whole or in 434
part, and to whatever nature or degree, by the fault, failure, 435
negligence, misconduct, nonfeasance, or misfeasance of such 436
freight rail operator, its successors, or its officers, agents, 437
and employees, or any other person or persons whomsoever; or 438
b. The department may assume the obligation by contract to 439
forever protect, defend, in demnify, and hold harmless National 440
Railroad Passenger Corporation, or its successors, and officers, 441
agents, and employees of National Railroad Passenger 442
Corporation, from and against any liability, cost, and expense, 443
including, but not limited to, commute r rail passengers and rail 444
corridor invitees in the rail corridor, regardless of whether 445
the loss, damage, destruction, injury, or death giving rise to 446
any such liability, cost, or expense is caused in whole or in 447
part, and to whatever nature or degree, by the fault, failure, 448
negligence, misconduct, nonfeasance, or misfeasance of National 449
Railroad Passenger Corporation, its successors, or its officers, 450
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agents, and employees, or any other person or persons 451
whomsoever. 452
2. The assumption of liability of the department by 453
contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 454
1.b. may not in any instance exceed the following parameters of 455
allocation of risk: 456
a. The department may be solely responsible for any loss, 457
injury, or damage to commuter rail passengers, or rail corridor 458
invitees, or trespassers, regardless of circumstances or cause, 459
subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 460
6. 461
b.(I) In the event of a limited covered accident, the 462
authority of the department to protect, defend, and indemnify 463
the freight operator for all liability, cost, and expense, 464
including punitive or exemplary damages, in excess of the 465
deductible or self-insurance retention fund established under 466
paragraph (b) and actually in force at the time of the limited 467
covered accident exists only if the freight operator agrees, 468
with respect to the limited covered accident, to protect, 469
defend, and indemnify the department for the amount of the 470
deductible or self-insurance retention fund established under 471
paragraph (b) and actually in force at the time of the limited 472
covered accident. 473
(II) In the event of a limited covered accident, the 474
authority of the department to protect, defend, and indemnify 475
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National Railroad Passenger Corporation for all liability, cost, 476
and expense, including punitive or exemplary damages, in excess 477
of the deductible or self -insurance retention fund established 478
under paragraph (b) and actually in force at the time of the 479
limited covered accident exists only if National Railroad 480
Passenger Corporation agrees, with respect to the limited 481
covered accident, to protect, defend, and indemnify the 482
department for the amount of the deductible or self -insurance 483
retention fund established under paragraph (b) and actually in 484
force at the time of the li mited covered accident. 485
3. When only one train is involved in an incident, the 486
department may be solely responsible for any loss, injury, or 487
damage if the train is a department train or other train 488
pursuant to subparagraph 4., but only if: 489
a. When an incident occurs with only a freight train 490
involved, including incidents with trespassers or at grade 491
crossings, the freight rail operator is solely responsible for 492
any loss, injury, or damage, except for commuter rail passengers 493
and rail corridor invitees; or 494
b. When an incident occurs with only a National Railroad 495
Passenger Corporation train involved, including incidents with 496
trespassers or at grade crossings, National Railroad Passenger 497
Corporation is solely responsible for any loss, injury, or 498
damage, except for commuter rail passengers and rail corridor 499
invitees. 500
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4. For the purposes of this subsection: 501
a. Any train involved in an incident that is neither the 502
department's train nor the freight rail operator's train, 503
hereinafter referred to in this su bsection as an "other train," 504
may be treated as a department train, solely for purposes of any 505
allocation of liability between the department and the freight 506
rail operator only, but only if the department and the freight 507
rail operator share responsibility equally as to third parties 508
outside the rail corridor who incur loss, injury, or damage as a 509
result of any incident involving both a department train and a 510
freight rail operator train, and the allocation as between the 511
department and the freight rail opera tor, regardless of whether 512
the other train is treated as a department train, shall remain 513
one-half each as to third parties outside the rail corridor who 514
incur loss, injury, or damage as a result of the incident. The 515
involvement of any other train shall no t alter the sharing of 516
equal responsibility as to third parties outside the rail 517
corridor who incur loss, injury, or damage as a result of the 518
incident; or 519
b. Any train involved in an incident that is neither the 520
department's train nor the National Railr oad Passenger 521
Corporation's train, hereinafter referred to in this subsection 522
as an "other train," may be treated as a department train, 523
solely for purposes of any allocation of liability between the 524
department and National Railroad Passenger Corporation o nly, but 525
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only if the department and National Railroad Passenger 526
Corporation share responsibility equally as to third parties 527
outside the rail corridor who incur loss, injury, or damage as a 528
result of any incident involving both a department train and a 529
National Railroad Passenger Corporation train, and the 530
allocation as between the department and National Railroad 531
Passenger Corporation, regardless of whether the other train is 532
treated as a department train, shall remain one -half each as to 533
third parties outside the rail corridor who incur loss, injury, 534
or damage as a result of the incident. The involvement of any 535
other train shall not alter the sharing of equal responsibility 536
as to third parties outside the rail corridor who incur loss, 537
injury, or damage as a result of the incident. 538
5. When more than one train is involved in an incident: 539
a.(I) If only a department train and freight rail 540
operator's train, or only an other train as described in sub -541
subparagraph 4.a. and a freight rail operator's train, are 542
involved in an incident, the department may be responsible for 543
its property and all of its people, all commuter rail 544
passengers, and rail corridor invitees, but only if the freight 545
rail operator is responsible for its property and all of its 546
people, and the department and the freight rail operator each 547
share one-half responsibility as to trespassers or third parties 548
outside the rail corridor who incur loss, injury, or damage as a 549
result of the incident; or 550
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(II) If only a department train and a National Ra ilroad 551
Passenger Corporation train, or only an other train as described 552
in sub-subparagraph 4.b. and a National Railroad Passenger 553
Corporation train, are involved in an incident, the department 554
may be responsible for its property and all of its people, all 555
commuter rail passengers, and rail corridor invitees, but only 556
if National Railroad Passenger Corporation is responsible for 557
its property and all of its people, all National Railroad 558
Passenger Corporation's rail passengers, and the department and 559
National Railroad Passenger Corporation each share one -half 560
responsibility as to trespassers or third parties outside the 561
rail corridor who incur loss, injury, or damage as a result of 562
the incident. 563
b.(I) If a department train, a freight rail operator 564
train, and any other train are involved in an incident, the 565
allocation of liability between the department and the freight 566
rail operator, regardless of whether the other train is treated 567
as a department train, shall remain one -half each as to third 568
parties outside the rail corridor who incur loss, injury, or 569
damage as a result of the incident; the involvement of any other 570
train shall not alter the sharing of equal responsibility as to 571
third parties outside the rail corridor who incur loss, injury, 572
or damage as a result of the incident; and, if the owner, 573
operator, or insurer of the other train makes any payment to 574
injured third parties outside the rail corridor who incur loss, 575
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injury, or damage as a result of the incident, the allocation of 576
credit between the departme nt and the freight rail operator as 577
to such payment shall not in any case reduce the freight rail 578
operator's third-party-sharing allocation of one -half under this 579
paragraph to less than one -third of the total third party 580
liability; or 581
(II) If a departmen t train, a National Railroad Passenger 582
Corporation train, and any other train are involved in an 583
incident, the allocation of liability between the department and 584
National Railroad Passenger Corporation, regardless of whether 585
the other train is treated as a department train, shall remain 586
one-half each as to third parties outside the rail corridor who 587
incur loss, injury, or damage as a result of the incident; the 588
involvement of any other train shall not alter the sharing of 589
equal responsibility as to third pa rties outside the rail 590
corridor who incur loss, injury, or damage as a result of the 591
incident; and, if the owner, operator, or insurer of the other 592
train makes any payment to injured third parties outside the 593
rail corridor who incur loss, injury, or damage as a result of 594
the incident, the allocation of credit between the department 595
and National Railroad Passenger Corporation as to such payment 596
shall not in any case reduce National Railroad Passenger 597
Corporation's third-party-sharing allocation of one -half under 598
this sub-subparagraph to less than one -third of the total third 599
party liability. 600
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6. Any such contractual duty to protect, defend, 601
indemnify, and hold harmless such a freight rail operator or 602
National Railroad Passenger Corporation shall expressly in clude 603
a specific cap on the amount of the contractual duty, which 604
amount shall not exceed $200 million without prior legislative 605
approval, and the department to purchase liability insurance and 606
establish a self-insurance retention fund in the amount of the 607
specific cap established under this subparagraph, provided that: 608
a. No such contractual duty shall in any case be effective 609
nor otherwise extend the department's liability in scope and 610
effect beyond the contractual liability insurance and self -611
insurance retention fund required pursuant to this paragraph; 612
and 613
b.(I) The freight rail operator's compensation to the 614
department for future use of the department's rail corridor 615
shall include a monetary contribution to the cost of such 616
liability coverage for th e sole benefit of the freight rail 617
operator. 618
(II) National Railroad Passenger Corporation's 619
compensation to the department for future use of the 620
department's rail corridor shall include a monetary contribution 621
to the cost of such liability coverage for t he sole benefit of 622
National Railroad Passenger Corporation. 623
(b) Purchase liability insurance, which amount shall not 624
exceed $200 million, and establish a self -insurance retention 625
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fund for the purpose of paying the deductible limit established 626
in the insurance policies it may obtain, including coverage for 627
the department, any freight rail operator as described in 628
paragraph (a), National Railroad Passenger Corporation, commuter 629
rail service providers, governmental entities, or any ancillary 630
development, which self-insurance retention fund or deductible 631
shall not exceed $10 million. The insureds shall pay a 632
reasonable monetary contribution to the cost of such liability 633
coverage for the sole benefit of the insured. Such insurance and 634
self-insurance retention f und may provide coverage for all 635
damages, including, but not limited to, compensatory, special, 636
and exemplary, and be maintained to provide an adequate fund to 637
cover claims and liabilities for loss, injury, or damage arising 638
out of or connected with the ow nership, operation, maintenance, 639
and management of a rail corridor. 640
(c) Incur expenses for the purchase of advertisements, 641
marketing, and promotional items. 642
(d) Without altering any of the rights granted to the 643
department under this section, agree to a ssume the obligations 644
to indemnify and insure, pursuant to s. 343.545, freight rail 645
service, intercity passenger rail service, and commuter rail 646
service on a department -owned rail corridor, whether ownership 647
is in fee or by easement, or on a rail corridor where the 648
department has the right to operate. 649
650
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Neither the assumption by contract to protect, defend, 651
indemnify, and hold harmless; the purchase of insurance; nor the 652
establishment of a self -insurance retention fund shall be deemed 653
to be a waiver of any d efense of sovereign immunity for torts 654
nor deemed to increase the limits of the department's or the 655
governmental entity's liability for torts as provided in s. 656
768.28. The requirements of s. 287.022(1) shall not apply to the 657
purchase of any insurance under this subsection. The provisions 658
of this subsection shall apply and inure fully as to any other 659
governmental entity providing commuter rail service and 660
constructing, operating, maintaining, or managing a rail 661
corridor on publicly owned right -of-way under contract by the 662
governmental entity with the department or a governmental entity 663
designated by the department. Notwithstanding any law to the 664
contrary, procurement for the construction, operation, 665
maintenance, and management of any rail corridor described i n 666
this subsection, whether by the department, a governmental 667
entity under contract with the department, or a governmental 668
entity designated by the department, shall be pursuant to s. 669
287.057 and shall include, but not be limited to, criteria for 670
the consideration of qualifications, technical aspects of the 671
proposal, and price. Further, any such contract for design -build 672
shall be procured pursuant to the criteria in s. 337.11(7). 673
Section 17. For the purpose of incorporating the amendment 674
made by this act to section 768.28, Florida Statutes, in a 675
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reference thereto, subsection (6) of section 373.1395, Florida 676
Statutes, is reenacted to read: 677
373.1395 Limitation on liability of water management 678
district with respect to areas made available to the public for 679
recreational purposes without charge. — 680
(6) This section does not relieve any water management 681
district of any liability that would otherwise exist for gross 682
negligence or a deliberate, willful, or malicious injury to a 683
person or property. This section d oes not create or increase the 684
liability of any water management district or person beyond that 685
which is authorized by s. 768.28. 686
Section 18. For the purpose of incorporating the amendment 687
made by this act to section 768.28, Florida Statutes, in a 688
reference thereto, paragraph (a) of subsection (3) of section 689
375.251, Florida Statutes, is reenacted to read: 690
375.251 Limitation on liability of persons making 691
available to public certain areas for recreational purposes 692
without charge.— 693
(3)(a) An owner of an area who enters into a written 694
agreement concerning the area with a state agency for outdoor 695
recreational purposes, where such agreement recognizes that the 696
state agency is responsible for personal injury, loss, or damage 697
resulting in whole or in part from the state agency's use of the 698
area under the terms of the agreement subject to the limitations 699
and conditions specified in s. 768.28, owes no duty of care to 700
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keep the area safe for entry or use by others, or to give 701
warning to persons entering or goin g on the area of any 702
hazardous conditions, structures, or activities thereon. An 703
owner who enters into a written agreement concerning the area 704
with a state agency for outdoor recreational purposes: 705
1. Is not presumed to extend any assurance that the area 706
is safe for any purpose; 707
2. Does not incur any duty of care toward a person who 708
goes on the area that is subject to the agreement; or 709
3. Is not liable or responsible for any injury to persons 710
or property caused by the act or omission of a person who goes 711
on the area that is subject to the agreement. 712
Section 19. For the purpose of incorporating the amendment 713
made by this act to section 768.28, Florida Statutes, in a 714
reference thereto, subsection (9) of section 381.0056, Florida 715
Statutes, is reenact ed to read: 716
381.0056 School health services program. — 717
(9) Any health care entity that provides school health 718
services under contract with the department pursuant to a school 719
health services plan developed under this section, and as part 720
of a school nurse services public-private partnership, is deemed 721
to be a corporation acting primarily as an instrumentality of 722
the state solely for the purpose of limiting liability pursuant 723
to s. 768.28(5). The limitations on tort actions contained in s. 724
768.28(5) shall apply to any action against the entity with 725
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respect to the provision of school health services, if the 726
entity is acting within the scope of and pursuant to guidelines 727
established in the contract or by rule of the department. The 728
contract must require the entity, or the partnership on behalf 729
of the entity, to obtain general liability insurance coverage, 730
with any additional endorsement necessary to insure the entity 731
for liability assumed by its contract with the department. The 732
Legislature intends that insur ance be purchased by entities, or 733
by partnerships on behalf of the entity, to cover all liability 734
claims, and under no circumstances shall the state or the 735
department be responsible for payment of any claims or defense 736
costs for claims brought against the entity or its subcontractor 737
for services performed under the contract with the department. 738
This subsection does not preclude consideration by the 739
Legislature for payment by the state of any claims bill 740
involving an entity contracting with the department pu rsuant to 741
this section. 742
Section 20. For the purpose of incorporating the amendment 743
made by this act to section 768.28, Florida Statutes, in a 744
reference thereto, subsection (3) of section 393.075, Florida 745
Statutes, is reenacted to read: 746
393.075 General liability coverage. — 747
(3) This section shall not be construed as designating or 748
not designating that a person who owns or operates a foster care 749
facility or group home facility as described in this section or 750
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any other person is an employee or agent of the state. Nothing 751
in this section amends, expands, or supersedes the provisions of 752
s. 768.28. 753
Section 21. For the purpose of incorporating the amendment 754
made by this act to section 768.28, Florida Statutes, in a 755
reference thereto, paragraph (g) of sub section (10) of section 756
395.1055, Florida Statutes, is reenacted to read: 757
395.1055 Rules and enforcement. — 758
(10) The agency shall establish a pediatric cardiac 759
technical advisory panel, pursuant to s. 20.052, to develop 760
procedures and standards for meas uring outcomes of pediatric 761
cardiac catheterization programs and pediatric cardiovascular 762
surgery programs. 763
(g) Panel members are agents of the state for purposes of 764
s. 768.28 throughout the good faith performance of the duties 765
assigned to them by the Se cretary of Health Care Administration. 766
Section 22. For the purpose of incorporating the amendment 767
made by this act to section 768.28, Florida Statutes, in a 768
reference thereto, paragraph (c) of subsection (17) of section 769
403.706, Florida Statutes, is re enacted to read: 770
403.706 Local government solid waste responsibilities. — 771
(17) To effect the purposes of this part, counties and 772
municipalities are authorized, in addition to other powers 773
granted pursuant to this part: 774
(c) To waive sovereign immunity and immunity from suit in 775
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federal court by vote of the governing body of the county or 776
municipality to the extent necessary to carry out the authority 777
granted in paragraphs (a) and (b), notwithstanding the 778
limitations prescribed in s. 768.28. 779
Section 23. For the purpose of incorporating the amendment 780
made by this act to section 768.28, Florida Statutes, in a 781
reference thereto, subsection (1), paragraph (a) of subsection 782
(2), and paragraph (a) of subsection (3) of section 409.993, 783
Florida Statutes, are r eenacted to read: 784
409.993 Lead agencies and subcontractor liability. — 785
(1) FINDINGS.— 786
(a) The Legislature finds that the state has traditionally 787
provided foster care services to children who are the 788
responsibility of the state. As such, foster childre n have not 789
had the right to recover for injuries beyond the limitations 790
specified in s. 768.28. The Legislature has determined that 791
foster care and related services should be outsourced pursuant 792
to this section and that the provision of such services is of 793
paramount importance to the state. The purpose of such 794
outsourcing is to increase the level of safety, security, and 795
stability of children who are or become the responsibility of 796
the state. One of the components necessary to secure a safe and 797
stable environment for such children is the requirement that 798
private providers maintain liability insurance. As such, 799
insurance needs to be available and remain available to 800
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nongovernmental foster care and related services providers 801
without the resources of such provi ders being significantly 802
reduced by the cost of maintaining such insurance. 803
(b) The Legislature further finds that, by requiring the 804
following minimum levels of insurance, children in outsourced 805
foster care and related services will gain increased protec tion 806
and rights of recovery in the event of injury than currently 807
provided in s. 768.28. 808
(2) LEAD AGENCY LIABILITY. — 809
(a) Other than an entity to which s. 768.28 applies, an 810
eligible community-based care lead agency, or its employees or 811
officers, except as otherwise provided in paragraph (b), shall, 812
as a part of its contract, obtain a minimum of $1 million per 813
occurrence with a policy period aggregate limit of $3 million in 814
general liability insurance coverage. The lead agency must also 815
require that staff who transport client children and families in 816
their personal automobiles in order to carry out their job 817
responsibilities obtain minimum bodily injury liability 818
insurance in the amount of $100,000 per person per any one 819
automobile accident, and subject t o such limits for each person, 820
$300,000 for all damages resulting from any one automobile 821
accident, on their personal automobiles. In lieu of personal 822
motor vehicle insurance, the lead agency's casualty, liability, 823
or motor vehicle insurance carrier may pr ovide nonowned 824
automobile liability coverage. This insurance provides liability 825
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insurance for an automobile that the lead agency uses in 826
connection with the lead agency's business but does not own, 827
lease, rent, or borrow. This coverage includes an automobi le 828
owned by an employee of the lead agency or a member of the 829
employee's household but only while the automobile is used in 830
connection with the lead agency's business. The nonowned 831
automobile coverage for the lead agency applies as excess 832
coverage over any other collectible insurance. The personal 833
automobile policy for the employee of the lead agency shall be 834
primary insurance, and the nonowned automobile coverage of the 835
lead agency acts as excess insurance to the primary insurance. 836
The lead agency shall pr ovide a minimum limit of $1 million in 837
nonowned automobile coverage. In a tort action brought against 838
such a lead agency or employee, net economic damages shall be 839
limited to $2 million per liability claim and $200,000 per 840
automobile claim, including, but not limited to, past and future 841
medical expenses, wage loss, and loss of earning capacity, 842
offset by any collateral source payment paid or payable. In any 843
tort action brought against a lead agency, noneconomic damages 844
shall be limited to $400,000 per claim . A claims bill may be 845
brought on behalf of a claimant pursuant to s. 768.28 for any 846
amount exceeding the limits specified in this paragraph. Any 847
offset of collateral source payments made as of the date of the 848
settlement or judgment shall be in accordance with s. 768.76. 849
The lead agency is not liable in tort for the acts or omissions 850
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of its subcontractors or the officers, agents, or employees of 851
its subcontractors. 852
(3) SUBCONTRACTOR LIABILITY. — 853
(a) A subcontractor of an eligible community -based care 854
lead agency that is a direct provider of foster care and related 855
services to children and families, and its employees or 856
officers, except as otherwise provided in paragraph (b), must, 857
as a part of its contract, obtain a minimum of $1 million per 858
occurrence with a policy period aggregate limit of $3 million in 859
general liability insurance coverage. The subcontractor of a 860
lead agency must also require that staff who transport client 861
children and families in their personal automobiles in order to 862
carry out their job responsibilities obtain minimum bodily 863
injury liability insurance in the amount of $100,000 per person 864
in any one automobile accident, and subject to such limits for 865
each person, $300,000 for all damages resulting from any one 866
automobile accident, on th eir personal automobiles. In lieu of 867
personal motor vehicle insurance, the subcontractor's casualty, 868
liability, or motor vehicle insurance carrier may provide 869
nonowned automobile liability coverage. This insurance provides 870
liability insurance for automobil es that the subcontractor uses 871
in connection with the subcontractor's business but does not 872
own, lease, rent, or borrow. This coverage includes automobiles 873
owned by the employees of the subcontractor or a member of the 874
employee's household but only while t he automobiles are used in 875
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connection with the subcontractor's business. The nonowned 876
automobile coverage for the subcontractor applies as excess 877
coverage over any other collectible insurance. The personal 878
automobile policy for the employee of the subcontr actor shall be 879
primary insurance, and the nonowned automobile coverage of the 880
subcontractor acts as excess insurance to the primary insurance. 881
The subcontractor shall provide a minimum limit of $1 million in 882
nonowned automobile coverage. In a tort action b rought against 883
such subcontractor or employee, net economic damages shall be 884
limited to $2 million per liability claim and $200,000 per 885
automobile claim, including, but not limited to, past and future 886
medical expenses, wage loss, and loss of earning capaci ty, 887
offset by any collateral source payment paid or payable. In a 888
tort action brought against such subcontractor, noneconomic 889
damages shall be limited to $400,000 per claim. A claims bill 890
may be brought on behalf of a claimant pursuant to s. 768.28 for 891
any amount exceeding the limits specified in this paragraph. Any 892
offset of collateral source payments made as of the date of the 893
settlement or judgment shall be in accordance with s. 768.76. 894
Section 24. For the purpose of incorporating the amendment 895
made by this act to section 768.28, Florida Statutes, in a 896
reference thereto, subsection (3) of section 455.221, Florida 897
Statutes, is reenacted to read: 898
455.221 Legal and investigative services. — 899
(3) Any person retained by the department under contract 900
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to review materials, make site visits, or provide expert 901
testimony regarding any complaint or application filed with the 902
department relating to a profession under the jurisdiction of 903
the department shall be considered an agent of the department in 904
determining the state insurance coverage and sovereign immunity 905
protection applicability of ss. 284.31 and 768.28. 906
Section 25. For the purpose of incorporating the amendment 907
made by this act to section 768.28, Florida Statutes, in a 908
reference thereto, subsection ( 5) of section 455.32, Florida 909
Statutes, is reenacted to read: 910
455.32 Management Privatization Act. — 911
(5) Any such corporation may hire staff as necessary to 912
carry out its functions. Such staff are not public employees for 913
the purposes of chapter 110 or chapter 112, except that the 914
board of directors and the employees of the corporation are 915
subject to the provisions of s. 112.061 and part III of chapter 916
112. The provisions of s. 768.28 apply to each such corporation, 917
which is deemed to be a corporation pr imarily acting as an 918
instrumentality of the state but which is not an agency within 919
the meaning of s. 20.03(11). 920
Section 26. For the purpose of incorporating the amendment 921
made by this act to section 768.28, Florida Statutes, in a 922
reference thereto, su bsection (3) of section 456.009, Florida 923
Statutes, is reenacted to read: 924
456.009 Legal and investigative services. — 925
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(3) Any person retained by the department under contract 926
to review materials, make site visits, or provide expert 927
testimony regarding an y complaint or application filed with the 928
department relating to a profession under the jurisdiction of 929
the department shall be considered an agent of the department in 930
determining the state insurance coverage and sovereign immunity 931
protection applicabilit y of ss. 284.31 and 768.28. 932
Section 27. For the purpose of incorporating the amendment 933
made by this act to section 768.28, Florida Statutes, in a 934
reference thereto, paragraph (a) of subsection (15) of section 935
456.076, Florida Statutes, is reenacted to read: 936
456.076 Impaired practitioner programs. — 937
(15)(a) A consultant retained pursuant to this section and 938
a consultant's directors, officers, employees, or agents shall 939
be considered agents of the department for purposes of s. 768.28 940
while acting within the scope of the consultant's duties under 941
the contract with the department. 942
Section 28. For the purpose of incorporating the amendment 943
made by this act to section 768.28, Florida Statutes, in a 944
reference thereto, subsection (3) of section 471.038, F lorida 945
Statutes, is reenacted to read: 946
471.038 Florida Engineers Management Corporation. — 947
(3) The Florida Engineers Management Corporation is 948
created to provide administrative, investigative, and 949
prosecutorial services to the board in accordance with t he 950
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provisions of chapter 455 and this chapter. The management 951
corporation may hire staff as necessary to carry out its 952
functions. Such staff are not public employees for the purposes 953
of chapter 110 or chapter 112, except that the board of 954
directors and the staff are subject to the provisions of s. 955
112.061. The provisions of s. 768.28 apply to the management 956
corporation, which is deemed to be a corporation primarily 957
acting as an instrumentality of the state, but which is not an 958
agency within the meaning of s . 20.03(11). The management 959
corporation shall: 960
(a) Be a Florida corporation not for profit, incorporated 961
under the provisions of chapter 617. 962
(b) Provide administrative, investigative, and 963
prosecutorial services to the board in accordance with the 964
provisions of chapter 455, this chapter, and the contract 965
required by this section. 966
(c) Receive, hold, and administer property and make only 967
prudent expenditures directly related to the responsibilities of 968
the board, and in accordance with the contract requi red by this 969
section. 970
(d) Be approved by the board, and the department, to 971
operate for the benefit of the board and in the best interest of 972
the state. 973
(e) Operate under a fiscal year that begins on July 1 of 974
each year and ends on June 30 of the followin g year. 975
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(f) Have a seven-member board of directors, five of whom 976
are to be appointed by the board and must be registrants 977
regulated by the board and two of whom are to be appointed by 978
the secretary and must be laypersons not regulated by the board. 979
All appointments shall be for 4 -year terms. No member shall 980
serve more than two consecutive terms. Failure to attend three 981
consecutive meetings shall be deemed a resignation from the 982
board, and the vacancy shall be filled by a new appointment. 983
(g) Select its officers in accordance with its bylaws. The 984
members of the board of directors who were appointed by the 985
board may be removed by the board. 986
(h) Select the president of the management corporation, 987
who shall also serve as executive director to the board, su bject 988
to approval of the board. 989
(i) Use a portion of the interest derived from the 990
management corporation account to offset the costs associated 991
with the use of credit cards for payment of fees by applicants 992
or licensees. 993
(j) Operate under a written co ntract with the department 994
which is approved by the board. The contract must provide for, 995
but is not limited to: 996
1. Submission by the management corporation of an annual 997
budget that complies with board rules for approval by the board 998
and the department. 999
2. Annual certification by the board and the department 1000
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that the management corporation is complying with the terms of 1001
the contract in a manner consistent with the goals and purposes 1002
of the board and in the best interest of the state. This 1003
certification must be reported in the board's minutes. The 1004
contract must also provide for methods and mechanisms to resolve 1005
any situation in which the certification process determines 1006
noncompliance. 1007
3. Funding of the management corporation through 1008
appropriations alloc ated to the regulation of professional 1009
engineers from the Professional Regulation Trust Fund. 1010
4. The reversion to the board, or the state if the board 1011
ceases to exist, of moneys, records, data, and property held in 1012
trust by the management corporation for the benefit of the 1013
board, if the management corporation is no longer approved to 1014
operate for the board or the board ceases to exist. All records 1015
and data in a computerized database shall be returned to the 1016
department in a form that is compatible with the computerized 1017
database of the department. 1018
5. The securing and maintaining by the management 1019
corporation, during the term of the contract and for all acts 1020
performed during the term of the contract, of all liability 1021
insurance coverages in an amount to be ap proved by the board to 1022
defend, indemnify, and hold harmless the management corporation 1023
and its officers and employees, the department and its 1024
employees, and the state against all claims arising from state 1025
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and federal laws. Such insurance coverage must be w ith insurers 1026
qualified and doing business in the state. The management 1027
corporation must provide proof of insurance to the department. 1028
The department and its employees and the state are exempt from 1029
and are not liable for any sum of money which represents a 1030
deductible, which sums shall be the sole responsibility of the 1031
management corporation. Violation of this subparagraph shall be 1032
grounds for terminating the contract. 1033
6. Payment by the management corporation, out of its 1034
allocated budget, to the department of all costs of 1035
representation by the board counsel, including salary and 1036
benefits, travel, and any other compensation traditionally paid 1037
by the department to other board counsel. 1038
7. Payment by the management corporation, out of its 1039
allocated budget, to the department of all costs incurred by the 1040
management corporation or the board for the Division of 1041
Administrative Hearings of the Department of Management Services 1042
and any other cost for utilization of these state services. 1043
8. Payment by the management corporation, out of its 1044
allocated budget, to the department of reasonable costs 1045
associated with the contract monitor. 1046
(k) Provide for an annual financial audit of its financial 1047
accounts and records by an independent certified public 1048
accountant. The annual audit report shall include a management 1049
letter in accordance with s. 11.45 and a detailed supplemental 1050
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schedule of expenditures for each expenditure category. The 1051
annual audit report must be submitted to the board, the 1052
department, and the Auditor General for review. 1053
(l) Provide for persons not employed by the corporation 1054
who are charged with the responsibility of recei ving and 1055
depositing fee and fine revenues to have a faithful performance 1056
bond in such an amount and according to such terms as shall be 1057
determined in the contract. 1058
(m) Submit to the secretary, the board, and the 1059
Legislature, on or before October 1 of eac h year, a report on 1060
the status of the corporation which includes, but is not limited 1061
to, information concerning the programs and funds that have been 1062
transferred to the corporation. The report must include: the 1063
number of license applications received; the number approved and 1064
denied and the number of licenses issued; the number of 1065
examinations administered and the number of applicants who 1066
passed or failed the examination; the number of complaints 1067
received; the number determined to be legally sufficient; the 1068
number dismissed; the number determined to have probable cause; 1069
the number of administrative complaints issued and the status of 1070
the complaints; and the number and nature of disciplinary 1071
actions taken by the board. 1072
(n) Develop and submit to the departmen t, performance 1073
standards and measurable outcomes for the board to adopt by rule 1074
in order to facilitate efficient and cost -effective regulation. 1075
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Section 29. For the purpose of incorporating the amendment 1076
made by this act to section 768.28, Florida Statu tes, in a 1077
reference thereto, paragraph (b) of subsection (11) of section 1078
472.006, Florida Statutes, is reenacted to read: 1079
472.006 Department; powers and duties. —The department 1080
shall: 1081
(11) Provide legal counsel for the board by contracting 1082
with the Department of Legal Affairs, by retaining private 1083
counsel pursuant to s. 287.059, or by providing department staff 1084
counsel. The board shall periodically review and evaluate the 1085
services provided by its board counsel. Fees and costs of such 1086
counsel shall be pai d from the General Inspection Trust Fund, 1087
subject to ss. 215.37 and 472.011. All contracts for independent 1088
legal counsel must provide for periodic review and evaluation by 1089
the board and the department of services provided. 1090
(b) Any person retained by the department under contract 1091
to review materials, make site visits, or provide expert 1092
testimony regarding any complaint or application filed with the 1093
department relating to the practice of surveying and mapping 1094
shall be considered an agent of the department i n determining 1095
the state insurance coverage and sovereign immunity protection 1096
applicability of ss. 284.31 and 768.28. 1097
Section 30. For the purpose of incorporating the amendment 1098
made by this act to section 768.28, Florida Statutes, in a 1099
reference thereto, subsection (7) of section 497.167, Florida 1100
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Statutes, is reenacted to read: 1101
497.167 Administrative matters. — 1102
(7) Any person retained by the department under contract 1103
to review materials, make site visits, or provide expert 1104
testimony regarding any comp laint or application filed with the 1105
department, relating to regulation under this chapter, shall be 1106
considered an agent of the department in determining the state 1107
insurance coverage and sovereign immunity protection 1108
applicability of ss. 284.31 and 768.28. 1109
Section 31. For the purpose of incorporating the amendment 1110
made by this act to section 768.28, Florida Statutes, in a 1111
reference thereto, subsection (2) of section 513.118, Florida 1112
Statutes, is reenacted to read: 1113
513.118 Conduct on premises; refusal o f service.— 1114
(2) The operator of a recreational vehicle park may 1115
request that a transient guest or visitor who violates 1116
subsection (1) leave the premises immediately. A person who 1117
refuses to leave the premises commits the offense of trespass as 1118
provided in s. 810.08, and the operator may call a law 1119
enforcement officer to have the person and his or her property 1120
removed under the supervision of the officer. A law enforcement 1121
officer is not liable for any claim involving the removal of the 1122
person or property from the recreational vehicle park under this 1123
section, except as provided in s. 768.28. If conditions do not 1124
allow for immediate removal of the person's property, he or she 1125
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may arrange a reasonable time, not to exceed 48 hours, with the 1126
operator to come remove the property, accompanied by a law 1127
enforcement officer. 1128
Section 32. For the purpose of incorporating the amendment 1129
made by this act to section 768.28, Florida Statutes, in a 1130
reference thereto, subsection (1) of section 548.046, Florida 1131
Statutes, is reenacted to read: 1132
548.046 Physician's attendance at match; examinations; 1133
cancellation of match. — 1134
(1) The commission, or the commission representative, 1135
shall assign to each match at least one physician who shall 1136
observe the physical condition of the participants and advise 1137
the commissioner or commission representative in charge and the 1138
referee of the participants' conditions before, during, and 1139
after the match. The commission shall establish a schedule of 1140
fees for the physician's services. The physici an's fee shall be 1141
paid by the promoter of the match attended by the physician. The 1142
physician shall be considered an agent of the commission in 1143
determining the state insurance coverage and sovereign immunity 1144
protection applicability of ss. 284.31 and 768.28 . 1145
Section 33. For the purpose of incorporating the amendment 1146
made by this act to section 768.28, Florida Statutes, in a 1147
reference thereto, subsection (8) of section 556.106, Florida 1148
Statutes, is reenacted to read: 1149
556.106 Liability of the member oper ator, excavator, and 1150
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system.— 1151
(8) Any liability of the state, its agencies, or its 1152
subdivisions which arises out of this chapter is subject to the 1153
provisions of s. 768.28. 1154
Section 34. For the purpose of incorporating the amendment 1155
made by this act to section 768.28, Florida Statutes, in a 1156
reference thereto, paragraph (e) of subsection (4) of section 1157
589.19, Florida Statutes, is reenacted to read: 1158
589.19 Creation of certain state forests; naming of 1159
certain state forests; Operation Outdoor Freedom Pro gram.— 1160
(4) 1161
(e)1. A private landowner who provides land for 1162
designation and use as an Operation Outdoor Freedom Program 1163
hunting site shall have limited liability pursuant to s. 1164
375.251. 1165
2. A private landowner who consents to the designation and 1166
use of land as part of the Operation Outdoor Freedom Program 1167
without compensation shall be considered a volunteer, as defined 1168
in s. 110.501, and shall be covered by state liability 1169
protection pursuant to s. 768.28, including s. 768.28(9). 1170
3. This subsection doe s not: 1171
a. Relieve any person of liability that would otherwise 1172
exist for deliberate, willful, or malicious injury to persons or 1173
property. 1174
b. Create or increase the liability of any person. 1175
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Section 35. For the purpose of incorporating the amendment 1176
made by this act to section 768.28, Florida Statutes, in a 1177
reference thereto, paragraph (c) of subsection (2) of section 1178
723.0611, Florida Statutes, is reenacted to read: 1179
723.0611 Florida Mobile Home Relocation Corporation. — 1180
(2) 1181
(c) The corporation shall, for purposes of s. 768.28, be 1182
considered an agency of the state. Agents or employees of the 1183
corporation, members of the board of directors of the 1184
corporation, or representatives of the Division of Florida 1185
Condominiums, Timeshares, and Mobile Homes s hall be considered 1186
officers, employees, or agents of the state, and actions against 1187
them and the corporation shall be governed by s. 768.28. 1188
Section 36. 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 760.11, Florida 1191
Statutes, is reenacted to read: 1192
760.11 Administrative and civil remedies; construction. — 1193
(5) In any civil action brought under this section, the 1194
court may issue an order prohibiting th e discriminatory practice 1195
and providing affirmative relief from the effects of the 1196
practice, including back pay. The court may also award 1197
compensatory damages, including, but not limited to, damages for 1198
mental anguish, loss of dignity, and any other intang ible 1199
injuries, and punitive damages. The provisions of ss. 768.72 and 1200
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768.73 do not apply to this section. The judgment for the total 1201
amount of punitive damages awarded under this section to an 1202
aggrieved person shall not exceed $100,000. In any action or 1203
proceeding under this subsection, the court, in its discretion, 1204
may allow the prevailing party a reasonable attorney's fee as 1205
part of the costs. It is the intent of the Legislature that this 1206
provision for attorney's fees be interpreted in a manner 1207
consistent with federal case law involving a Title VII action. 1208
The right to trial by jury is preserved in any such private 1209
right of action in which the aggrieved person is seeking 1210
compensatory or punitive damages, and any party may demand a 1211
trial by jury. The commi ssion's determination of reasonable 1212
cause is not admissible into evidence in any civil proceeding, 1213
including any hearing or trial, except to establish for the 1214
court the right to maintain the private right of action. A civil 1215
action brought under this sectio n shall be commenced no later 1216
than 1 year after the date of determination of reasonable cause 1217
by the commission. The commencement of such action shall divest 1218
the commission of jurisdiction of the complaint, except that the 1219
commission may intervene in the c ivil action as a matter of 1220
right. Notwithstanding the above, the state and its agencies and 1221
subdivisions shall not be liable for punitive damages. The total 1222
amount of recovery against the state and its agencies and 1223
subdivisions shall not exceed the limitat ion as set forth in s. 1224
768.28(5). 1225
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Section 37. For the purpose of incorporating the amendment 1226
made by this act to section 768.28, Florida Statutes, in a 1227
reference thereto, subsection (5) of section 766.1115, Florida 1228
Statutes, is reenacted to read: 1229
766.1115 Health care providers; creation of agency 1230
relationship with governmental contractors. — 1231
(5) NOTICE OF AGENCY RELATIONSHIP. —The governmental 1232
contractor must provide written notice to each patient, or the 1233
patient's legal representative, receipt of whi ch must be 1234
acknowledged in writing, that the provider is an agent of the 1235
governmental contractor and that the exclusive remedy for injury 1236
or damage suffered as the result of any act or omission of the 1237
provider or of any employee or agent thereof acting wit hin the 1238
scope of duties pursuant to the contract is by commencement of 1239
an action pursuant to the provisions of s. 768.28. With respect 1240
to any federally funded community health center, the notice 1241
requirements may be met by posting in a place conspicuous to all 1242
persons a notice that the federally funded community health 1243
center is an agent of the governmental contractor and that the 1244
exclusive remedy for injury or damage suffered as the result of 1245
any act or omission of the provider or of any employee or agent 1246
thereof acting within the scope of duties pursuant to the 1247
contract is by commencement of an action pursuant to the 1248
provisions of s. 768.28. 1249
Section 38. For the purpose of incorporating the amendment 1250
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made by this act to section 768.28, Florida Statutes, in a 1251
reference thereto, subsection (2) of section 766.112, Florida 1252
Statutes, is reenacted to read: 1253
766.112 Comparative fault. — 1254
(2) In an action for damages for personal injury or 1255
wrongful death arising out of medical negligence, whether in 1256
contract or tort, when an apportionment of damages pursuant to 1257
s. 768.81 is attributed to a board of trustees of a state 1258
university, the court shall enter judgment against the board of 1259
trustees on the basis of the board's percentage of fault and not 1260
on the basis of the doctrine of joint and several liability. The 1261
sole remedy available to a claimant to collect a judgment or 1262
settlement against a board of trustees, subject to the 1263
provisions of this subsection, shall be pursuant to s. 768.28. 1264
Section 39. For the purpos e of incorporating the amendment 1265
made by this act to section 768.28, Florida Statutes, in a 1266
reference thereto, subsection (3) of section 768.1355, Florida 1267
Statutes, is reenacted to read: 1268
768.1355 Florida Volunteer Protection Act. — 1269
(3) Members of electe d or appointed boards, councils, and 1270
commissions of the state, counties, municipalities, authorities, 1271
and special districts shall incur no civil liability and shall 1272
have immunity from suit as provided in s. 768.28 for acts or 1273
omissions by members relating to members' conduct of their 1274
official duties. It is the intent of the Legislature to 1275
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encourage our best and brightest people to serve on elected and 1276
appointed boards, councils, and commissions. 1277
Section 40. For the purpose of incorporating the amendment 1278
made by this act to section 768.28, Florida Statutes, in a 1279
reference thereto, subsection (4) of section 768.295, Florida 1280
Statutes, is reenacted to read: 1281
768.295 Strategic Lawsuits Against Public Participation 1282
(SLAPP) prohibited.— 1283
(4) A person or entit y sued by a governmental entity or 1284
another person in violation of this section has a right to an 1285
expeditious resolution of a claim that the suit is in violation 1286
of this section. A person or entity may move the court for an 1287
order dismissing the action or gr anting final judgment in favor 1288
of that person or entity. The person or entity may file a motion 1289
for summary judgment, together with supplemental affidavits, 1290
seeking a determination that the claimant's or governmental 1291
entity's lawsuit has been brought in vi olation of this section. 1292
The claimant or governmental entity shall thereafter file a 1293
response and any supplemental affidavits. As soon as 1294
practicable, the court shall set a hearing on the motion, which 1295
shall be held at the earliest possible time after the filing of 1296
the claimant's or governmental entity's response. The court may 1297
award, subject to the limitations in s. 768.28, the party sued 1298
by a governmental entity actual damages arising from a 1299
governmental entity's violation of this section. The court shall 1300
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award the prevailing party reasonable attorney fees and costs 1301
incurred in connection with a claim that an action was filed in 1302
violation of this section. 1303
Section 41. For the purpose of incorporating the amendment 1304
made by this act to section 768.28, Flo rida Statutes, in a 1305
reference thereto, subsection (2) of section 944.713, Florida 1306
Statutes, is reenacted to read: 1307
944.713 Insurance against liability. — 1308
(2) The contract shall provide for indemnification of the 1309
state by the private vendor for any liabil ities incurred up to 1310
the limits provided under s. 768.28(5). The contract shall 1311
provide that the private vendor, or the insurer of the private 1312
vendor, is liable to pay any claim or judgment for any one 1313
person which does not exceed the sum of $100,000 or an y claim or 1314
judgment, or portions thereof, which, when totaled with all 1315
other claims or judgments arising out of the same incident or 1316
occurrence, does not exceed the sum of $200,000. In addition, 1317
the contractor must agree to defend, hold harmless, and 1318
indemnify the department against any and all actions, claims, 1319
damages and losses, including costs and attorney's fees. 1320
Section 42. For the purpose of incorporating the amendment 1321
made by this act to section 768.28, Florida Statutes, in a 1322
reference thereto, s ection 946.5026, Florida Statutes, is 1323
reenacted to read: 1324
946.5026 Sovereign immunity in tort actions. —The 1325
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provisions of s. 768.28 shall be applicable to the corporation 1326
established under this part, which is deemed to be a corporation 1327
primarily acting as an instrumentality of the state. 1328
Section 43. For the purpose of incorporating the amendment 1329
made by this act to section 768.28, Florida Statutes, in a 1330
reference thereto, subsection (3) of section 946.514, Florida 1331
Statutes, is reenacted to read: 1332
946.514 Civil rights of inmates; inmates not state 1333
employees; liability of corporation for inmate injuries. — 1334
(3) The corporation is liable for inmate injury to the 1335
extent specified in s. 768.28; however, the members of the board 1336
of directors are not individua lly liable to any inmate for any 1337
injury sustained in any correctional work program operated by 1338
the corporation. 1339
Section 44. For the purpose of incorporating the amendment 1340
made by this act to section 768.28, Florida Statutes, in a 1341
reference thereto, sub sections (5), (6), and (7) of section 1342
961.06, Florida Statutes, are reenacted to read: 1343
961.06 Compensation for wrongful incarceration. — 1344
(5) Before the department approves the application for 1345
compensation, the wrongfully incarcerated person must sign a 1346
release and waiver on behalf of the wrongfully incarcerated 1347
person and his or her heirs, successors, and assigns, forever 1348
releasing the state or any agency, instrumentality, or any 1349
political subdivision thereof, or any other entity subject to s. 1350
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768.28, from all present or future claims that the wrongfully 1351
incarcerated person or his or her heirs, successors, or assigns 1352
may have against such entities arising out of the facts in 1353
connection with the wrongful conviction for which compensation 1354
is being sought under the act. 1355
(6)(a) A wrongfully incarcerated person may not submit an 1356
application for compensation under this act if the person has a 1357
lawsuit pending against the state or any agency, 1358
instrumentality, or any political subdivision thereof, or any 1359
other entity subject to the provisions of s. 768.28, in state or 1360
federal court requesting compensation arising out of the facts 1361
in connection with the claimant's conviction and incarceration. 1362
(b) A wrongfully incarcerated person may not submit an 1363
application for compensation under this act if the person is the 1364
subject of a claim bill pending for claims arising out of the 1365
facts in connection with the claimant's conviction and 1366
incarceration. 1367
(c) Once an application is filed under this act, a 1368
wrongfully incarcerated person may not pursue recovery under a 1369
claim bill until the final disposition of the application. 1370
(d) Any amount awarded under this act is intended to 1371
provide the sole compensation for any and all present and future 1372
claims arising out of the facts i n connection with the 1373
claimant's conviction and incarceration. Upon notification by 1374
the department that an application meets the requirements of 1375
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this act, a wrongfully incarcerated person may not recover under 1376
a claim bill. 1377
(e) Any compensation awarded u nder a claim bill shall be 1378
the sole redress for claims arising out of the facts in 1379
connection with the claimant's conviction and incarceration and, 1380
upon any award of compensation to a wrongfully incarcerated 1381
person under a claim bill, the person may not re ceive 1382
compensation under this act. 1383
(7) Any payment made under this act does not constitute a 1384
waiver of any defense of sovereign immunity or an increase in 1385
the limits of liability on behalf of the state or any person 1386
subject to the provisions of s. 768.28 or other law. 1387
Section 45. For the purpose of incorporating the amendment 1388
made by this act to section 768.28, Florida Statutes, in a 1389
reference thereto, paragraph (h) of subsection (12) of section 1390
1002.33, Florida Statutes, is reenacted to read: 1391
1002.33 Charter schools.— 1392
(12) EMPLOYEES OF CHARTER SCHOOLS. — 1393
(h) For the purposes of tort liability, the charter 1394
school, including its governing body and employees, shall be 1395
governed by s. 768.28. This paragraph does not include any for -1396
profit entity contracted by the charter school or its governing 1397
body. 1398
Section 46. For the purpose of incorporating the amendment 1399
made by this act to section 768.28, Florida Statutes, in a 1400
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reference thereto, paragraph (b) of subsection (6) of section 1401
1002.333, Florida Sta tutes, is reenacted to read: 1402
1002.333 Persistently low -performing schools.— 1403
(6) STATUTORY AUTHORITY. — 1404
(b) For the purposes of tort liability, the hope operator, 1405
the school of hope, and its employees or agents shall be 1406
governed by s. 768.28. The spons or shall not be liable for civil 1407
damages under state law for the employment actions or personal 1408
injury, property damage, or death resulting from an act or 1409
omission of a hope operator, the school of hope, or its 1410
employees or agents. This paragraph does not include any for-1411
profit entity contracted by the charter school or its governing 1412
body. 1413
Section 47. For the purpose of incorporating the amendment 1414
made by this act to section 768.28, Florida Statutes, in a 1415
reference thereto, subsection (17) of section 10 02.34, Florida 1416
Statutes, is reenacted to read: 1417
1002.34 Charter technical career centers. — 1418
(17) IMMUNITY.—For the purposes of tort liability, the 1419
governing body and employees of a center are governed by s. 1420
768.28. 1421
Section 48. For the purpose of inco rporating the amendment 1422
made by this act to section 768.28, Florida Statutes, in a 1423
reference thereto, paragraph (l) of subsection (3) of section 1424
1002.55, Florida Statutes, is reenacted to read: 1425
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1002.55 School-year prekindergarten program delivered by 1426
private prekindergarten providers. — 1427
(3) To be eligible to deliver the prekindergarten program, 1428
a private prekindergarten provider must meet each of the 1429
following requirements: 1430
(l) Notwithstanding paragraph (j), for a private 1431
prekindergarten provider that is a state agency or a subdivision 1432
thereof, as defined in s. 768.28(2), the provider must agree to 1433
notify the coalition of any additional liability coverage 1434
maintained by the provider in addition to that otherwise 1435
established under s. 768.28. The provider shall indemnify the 1436
coalition to the extent permitted by s. 768.28. Notwithstanding 1437
paragraph (j), for a child development program that is 1438
accredited by a national accrediting body and operates on a 1439
military installation that is certified by the United Sta tes 1440
Department of Defense, the provider may demonstrate liability 1441
coverage by affirming that it is subject to the Federal Tort 1442
Claims Act, 28 U.S.C. ss. 2671 et seq. 1443
Section 49. For the purpose of incorporating the amendment 1444
made by this act to section 768.28, Florida Statutes, in a 1445
reference thereto, subsection (10) of section 1002.83, Florida 1446
Statutes, is reenacted to read: 1447
1002.83 Early learning coalitions. — 1448
(10) For purposes of tort liability, each member or 1449
employee of an early learning coaliti on shall be governed by s. 1450
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768.28. 1451
Section 50. For the purpose of incorporating the amendment 1452
made by this act to section 768.28, Florida Statutes, in a 1453
reference thereto, paragraph (p) of subsection (1) of section 1454
1002.88, Florida Statutes, is reenact ed to read: 1455
1002.88 School readiness program provider standards; 1456
eligibility to deliver the school readiness program. — 1457
(1) To be eligible to deliver the school readiness 1458
program, a school readiness program provider must: 1459
(p) Notwithstanding paragraph (m), for a provider that is 1460
a state agency or a subdivision thereof, as defined in s. 1461
768.28(2), agree to notify the coalition of any additional 1462
liability coverage maintained by the provider in addition to 1463
that otherwise established under s. 768.28. The p rovider shall 1464
indemnify the coalition to the extent permitted by s. 768.28. 1465
Notwithstanding paragraph (m), for a child development program 1466
that is accredited by a national accrediting body and operates 1467
on a military installation that is certified by the Un ited 1468
States Department of Defense, the provider may demonstrate 1469
liability coverage by affirming that it is subject to the 1470
Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1471
Section 51. For the purpose of incorporating the amendment 1472
made by this act to section 768.28, Florida Statutes, in a 1473
reference thereto, subsection (1) of section 1006.24, Florida 1474
Statutes, is reenacted to read: 1475
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1006.24 Tort liability; liability insurance. — 1476
(1) Each district school board shall be liable for tort 1477
claims arising out of any incident or occurrence involving a 1478
school bus or other motor vehicle owned, maintained, operated, 1479
or used by the district school board to transport persons, to 1480
the same extent and in the same manner as the state or any of 1481
its agencies or subdivi sions is liable for tort claims under s. 1482
768.28, except that the total liability to persons being 1483
transported for all claims or judgments of such persons arising 1484
out of the same incident or occurrence shall not exceed an 1485
amount equal to $5,000 multiplied b y the rated seating capacity 1486
of the school bus or other vehicle, as determined by rules of 1487
the State Board of Education, or $100,000, whichever is greater. 1488
The provisions of s. 768.28 apply to all claims or actions 1489
brought against district school boards, a s authorized in this 1490
subsection. 1491
Section 52. For the purpose of incorporating the amendment 1492
made by this act to section 768.28, Florida Statutes, in a 1493
reference thereto, paragraph (b) of subsection (2) of section 1494
1006.261, Florida Statutes, is reenacte d to read: 1495
1006.261 Use of school buses for public purposes. — 1496
(2) 1497
(b) For purposes of liability for negligence, state 1498
agencies or subdivisions as defined in s. 768.28(2) shall be 1499
covered by s. 768.28. Every other corporation or organization 1500
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shall provide liability insurance coverage in the minimum 1501
amounts of $100,000 on any claim or judgment and $200,000 on all 1502
claims and judgments arising from the same incident or 1503
occurrence. 1504
Section 53. This act shall take effect July 1, 2022. 1505