Florida 2022 Regular Session

Florida House Bill H0985 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	~~CS/~~CS/HB 985 2022
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7		-	CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0985-~~02-c2~~
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	3	+	CS/HB 985 2022
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	7	+	CODING: Words stricken are deletions; words underlined are additions.
	8	+	hb0985-01-c1
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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14		A bill to be entitled 1
15	15		An act relating to sovereign immunity; amending s. 2
16	16		768.28, F.S.; revising the statutory limits on 3
17	17		liability for tort claims against the state and its 4
18		-	agencies and subdivisions; revising requirements for a 5
19		-	government entity to settle a claim or judgment; 6
20		-	revising the timeframe within which the appropriate 7
21		-	agency must make final disposition of a claim after it 8
22		-	is filed to prevent the claim from being deemed 9
23		-	denied; revising exceptions relating to instituting 10
24		-	actions on claims against the state or one of its 11
25		-	agencies and to the statute of limitations for such 12
26		-	claims; reenacting ss. 45.061, 110.504, 111.071, 13
27		-	163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 14
28		-	260.0125, 284.31, 284.38, 322.13, 337.19, 341.302, 15
29		-	373.1395, 375.251, 381.0056, 393.075, 395.1055, 16
30		-	403.706, 409.993, 455.221, 455.32, 456.009, 456.076, 17
31		-	471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 18
32		-	589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 19
33		-	768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 20
34		-	1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, 21
35		-	and 1006.261, F.S., to incorporate the amendments made 22
36		-	to s. 768.28, F.S., in references thereto; providing 23
37		-	applicability; providing an effective date . 24
38		-	25
39		-
40		-	CS/CS/HB 985 2022
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42		-
43		-
44		-	CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0985-02-c2
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47		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49		-
50		-
51		-	Be It Enacted by the Legislature of the State of Florida: 26
52		-	27
53		-	Section 1. Subsection (5), paragraphs (a) and (d) of 28
54		-	subsection (6), and subsection (14) of section 768.28, Florida 29
55		-	Statutes, are amended to read: 30
56		-	768.28 Waiver of sovereign immunity i n tort actions; 31
57		-	recovery limits; civil liability for damages caused during a 32
58		-	riot; limitation on attorney fees; statute of limitations; 33
59		-	exclusions; indemnification; risk management programs. — 34
60		-	(5)(a) The state and its agencies and subdivisions shall 35
61		-	be liable for tort claims in the same manner and to the same 36
62		-	extent as a private individual under like circumstances, but 37
63		-	liability shall not include punitive damages or interest for the 38
64		-	period before judgment. Neither the state nor its agencies or 39
65		-	subdivisions shall be liable to pay a claim or a judgment by any 40
66		-	one person which exceeds the sum of $400,000; $200,000 or any 41
67		-	claim or judgment, or portions thereof, which, when totaled with 42
68		-	all other claims or judgments paid by the state or its agencies 43
69		-	or subdivisions arising out of the same incident or occurrence, 44
70		-	exceeds the sum of $600,000 $300,000. However, a judgment or 45
71		-	judgments may be claimed and rendered in excess of these amounts 46
72		-	and may be settled and paid pursuant to this section act up to 47
73		-	$400,000 $200,000 or $600,000, as applicable. The $300,000, as 48
74		-	the case may be; and that portion of the judgment that exceeds 49
75		-	these amounts may be reported to the Legislature , and but may be 50
76		-
77		-	CS/CS/HB 985 2022
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79		-
80		-
81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0985-02-c2
83		-	Page 3 of 7
84		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86		-
87		-
88		-	paid in part or in whole only by further act of the Legislature. 51
89		-	(b) Notwithstanding the limited waiver of sovereign 52
90		-	immunity provided in paragraph (a), herein, the state or an 53
91		-	agency or a subdivision of the state thereof may agree, within 54
92		-	the limits of insurance coverage provided, to settle a claim 55
93		-	made or a judgment rendered again st it in excess of the waiver 56
94		-	provided in paragraph (a) without further action by the 57
95		-	Legislature., but The state or an agency or a subdivision 58
96		-	thereof may shall not be deemed to have waived any defense of 59
97		-	sovereign immunity or to have increased the limits of its 60
98		-	liability as a result of its obtaining insurance coverage for 61
99		-	tortious acts in excess of the $200,000 or $300,000 waiver 62
100		-	provided in paragraph (a) above. 63
101		-	(c) The limitations of liability set forth in this 64
102		-	subsection shall apply to the state and i ts agencies and 65
103		-	subdivisions whether or not the state or its agencies or 66
104		-	subdivisions possessed sovereign immunity before July 1, 1974. 67
105		-	(d)(b) A municipality has a duty to allow the municipal 68
106		-	law enforcement agency to respond appropriately to protect 69
107		-	persons and property during a riot or an unlawful assembly based 70
108		-	on the availability of adequate equipment to its municipal law 71
109		-	enforcement officers and relevant state and federal laws. If the 72
110		-	governing body of a municipality or a person authorized by the 73
111		-	governing body of the municipality breaches that duty, the 74
112		-	municipality is civilly liable for any damages, including 75
113		-
114		-	CS/CS/HB 985 2022
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116		-
117		-
118		-	CODING: Words stricken are deletions; words underlined are additions.
119		-	hb0985-02-c2
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121		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123		-
124		-
125		-	damages arising from personal injury, wrongful death, or 76
126		-	property damages proximately caused by the municipality's breach 77
127		-	of duty. The sovereign immunity recovery limits in paragraph (a) 78
128		-	do not apply to an action under this paragraph. 79
129		-	(6)(a) An action may not be instituted on a clai m against 80
130		-	the state or one of its agencies or subdivisions unless the 81
131		-	claimant presents the claim in writing to the appropriate 82
132		-	agency, and also, except as to any claim against a municipality, 83
133		-	county, or the Florida Space Authority, presents such claim in 84
134		-	writing to the Department of Financial Services, within 3 years 85
135		-	after such claim accrues and the Department of Financial 86
136		-	Services or the appropriate agency denies the claim in writing; 87
137		-	except that, if: 88
138		-	1. Such claim is for contribution pursuant to s. 768 .31, 89
139		-	it must be so presented within 6 months after the judgment 90
140		-	against the tortfeasor seeking contribution has become final by 91
141		-	lapse of time for appeal or after appellate review or, if there 92
142		-	is no such judgment, within 6 months after the tortfeasor 93
143		-	seeking contribution has either discharged the common liability 94
144		-	by payment or agreed, while the action is pending against her or 95
145		-	him, to discharge the common liability; or 96
146		-	2. Such action is for wrongful death, the claimant must 97
147		-	present the claim in writing to the Department of Financial 98
148		-	Services within 2 years after the claim accrues ; or 99
149		-	3. Such action arises from a violation of s. 794.011 100
150		-
151		-	CS/CS/HB 985 2022
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153		-
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155		-	CODING: Words stricken are deletions; words underlined are additions.
156		-	hb0985-02-c2
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158		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160		-
161		-
162		-	involving a victim who was younger than the age of 16 at the 101
163		-	time of the act, the claimant may present the claim in writi ng 102
164		-	at any time pursuant to s. 95.11(9). T his subparagraph applies 103
165		-	to a claim accruing at any time but shall also be construed in 104
166		-	accordance with s. 95.11(9) to apply only to claims which would 105
167		-	not have been time barred on or before July 1, 2010 . 106
168		-	(d) For purposes of this section, complete, accurate, and 107
169		-	timely compliance with the requirements of paragraph (c) shall 108
170		-	occur prior to settlement payment, close of discovery or 109
171		-	commencement of trial, whichever is sooner; provided the ability 110
172		-	to plead setoff is not precluded by the delay. This setoff shall 111
173		-	apply only against that part of the settlement or judgment 112
174		-	payable to the claimant, minus claimant's reasonable attorney's 113
175		-	fees and costs. Incomplete or inaccurate disclosure of unpaid 114
176		-	adjudicated claims due the state, its agency, officer, or 115
177		-	subdivision, may be excused by the court upon a showing by the 116
178		-	preponderance of the evidence of the claimant's lack of 117
179		-	knowledge of an adjudicated claim and reasonable inquiry by, or 118
180		-	on behalf of, the claimant to obt ain the information from public 119
181		-	records. Unless the appropriate agency had actual notice of the 120
182		-	information required to be disclosed by paragraph (c) in time to 121
183		-	assert a setoff, an unexcused failure to disclose shall, upon 122
184		-	hearing and order of court, cause the claimant to be liable for 123
185		-	double the original undisclosed judgment and, upon further 124
186		-	motion, the court shall enter judgment for the agency in that 125
187		-
188		-	CS/CS/HB 985 2022
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190		-
191		-
192		-	CODING: Words stricken are deletions; words underlined are additions.
193		-	hb0985-02-c2
194		-	Page 6 of 7
195		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197		-
198		-
199		-	amount. Except as provided otherwise in this subsection, the 126
200		-	failure of the Department of Financial Serv ices or the 127
201		-	appropriate agency to make final disposition of a claim within 3 128
202		-	6 months after it is filed shall be deemed a final denial of the 129
203		-	claim for purposes of this section. For purposes of this 130
204		-	subsection, in medical malpractice actions and in wrongfu l death 131
205		-	actions, the failure of the Department of Financial Services or 132
206		-	the appropriate agency to make final disposition of a claim 133
207		-	within 90 days after it is filed shall be deemed a final denial 134
208		-	of the claim. The statute of limitations for medical malprac tice 135
209		-	actions and wrongful death actions is tolled for the period of 136
210		-	time taken by the Department of Financial Services or the 137
211		-	appropriate agency to deny the claim. The provisions of this 138
212		-	subsection do not apply to such claims as may be asserted by 139
213		-	counterclaim pursuant to s. 768.14. 140
214		-	(14) Every claim against the state or one of its agencies 141
215		-	or subdivisions for damages for a negligent or wrongful act or 142
216		-	omission pursuant to this section shall be forever barred unless 143
217		-	the civil action is commenced by filing a complaint in the court 144
218		-	of appropriate jurisdiction within 4 years after such claim 145
219		-	accrues; except that : 146
220		-	(a) An action for contribution must be commenced within 147
221		-	the limitations provided in s. 768.31(4) ;, and 148
222		-	(b) An action for damages arising from med ical malpractice 149
223		-	or wrongful death must be commenced within the limitations for 150
224		-
225		-	CS/CS/HB 985 2022
226		-
227		-
228		-
229		-	CODING: Words stricken are deletions; words underlined are additions.
230		-	hb0985-02-c2
231		-	Page 7 of 7
232		-	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233		-
234		-
235		-
236		-	such actions in s. 95.11(4) ; and 151
237		-	(c) An action arising from any act constituting a 152
238		-	violation of s. 794.011 involving a victim who was younger than 153
239		-	the age of 16 at the time o f the act may be commenced at any 154
240		-	time pursuant to s. 95.11(9). This paragraph applies to a claim 155
241		-	accruing at any time as long as such claim would not have been 156
242		-	time barred on or before July 1, 2010, under s. 95.11(9) . 157
243		-	Section 2. Sections 45.061, 110.5 04, 111.071, 163.01, 158
244		-	190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 159
245		-	284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 160
246		-	393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 161
247		-	456.076, 471.038, 472.006, 497.167, 513.118, 548. 046, 556.106, 162
248		-	589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295, 163
249		-	944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 164
250		-	1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida 165
251		-	Statutes, are reenacted for the purpose of incorporating the 166
252		-	amendments made by this act to s. 768.28, Florida Statutes, in 167
253		-	references thereto. 168
254		-	Section 3. Except as otherwise expressly provided herein, 169
255		-	this act applies to claims accruing on or after October 1, 2023. 170
256		-	Section 4. This act shall take effect October 1, 2023. 171
	18	+	agencies and subdivisions; revising requirements for 5
	19	+	the state or an agency or a subdivision of the state 6
	20	+	to agree to settle a claim or judgment; prohibiting an 7
	21	+	insurance policy from conditioning the payment of 8
	22	+	benefits on the enactment of a claim bill; specifying 9
	23	+	that the limitations in effect on the date a final 10
	24	+	judgment is entered apply to that claim; requi ring the 11
	25	+	Department of Financial Services to adjust the 12
	26	+	limitations on tort liability every year beginning on 13
	27	+	a specified date; revising the timeframe within which 14
	28	+	the appropriate agency must make final disposition of 15
	29	+	a claim after it is filed to prevent t he claim from 16
	30	+	being deemed denied; revising exceptions relating to 17
	31	+	instituting actions on claims against the state or one 18
	32	+	of its agencies and to the statute of limitations for 19
	33	+	such claims; reenacting ss. 45.061(5), 110.504(4), 20
	34	+	111.071(1)(a), 163.01(15)(k), 190.043, 213.015(13), 21
	35	+	252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 22
	36	+	322.13(1)(b), 337.19(1), 341.302(17), 373.1395(6), 23
	37	+	375.251(3)(a), 381.0056(9), 393.075(3), 24
	38	+	395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a), 25
	39	+
	40	+	CS/HB 985 2022
	41	+
	42	+
	43	+
	44	+	CODING: Words stricken are deletions; words underlined are additions.
	45	+	hb0985-01-c1
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	47	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	48	+
	49	+
	50	+
	51	+	and (3)(a), 455.221(3), 455.32(5), 456.009(3), 26
	52	+	456.076(15)(a), 471.038(3), 472.006(11)(b), 27
	53	+	497.167(7), 513.118(2), 548.046(1), 556.106(8), 28
	54	+	589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5), 29
	55	+	766.112(2), 768.1355(3), 768.295(4), 944.713(2), 30
	56	+	946.5026, 946.514(3), 961.06(5), (6), and (7), 31
	57	+	1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 32
	58	+	1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), 33
	59	+	and 1006.261(2)(b), F.S., to incorporate the 34
	60	+	amendments made to s. 768.28, F.S., in references 35
	61	+	thereto; providing an effective date. 36
	62	+	37
	63	+	Be It Enacted by the Legislature of the State of Florida: 38
	64	+	39
	65	+	Section 1. Subsection (5), paragraphs (a) and (d) of 40
	66	+	subsection (6), and subsection (14) of section 768.28, Florida 41
	67	+	Statutes, are amended to read: 42
	68	+	768.28 Waiver of sovereign immunity in tort actions; 43
	69	+	recovery limits; civil liability for damages caused during a 44
	70	+	riot; limitation on attorney fees; statute of limitations; 45
	71	+	exclusions; indemnification; risk management programs. — 46
	72	+	(5)(a) The state and its agencies and subdivisions shall 47
	73	+	be liable for tort claims in the same manner and to the same 48
	74	+	extent as a private individual under like circumstances, but 49
	75	+	liability shall not include punitive damages or interest for the 50
	76	+
	77	+	CS/HB 985 2022
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	79	+
	80	+
	81	+	CODING: Words stricken are deletions; words underlined are additions.
	82	+	hb0985-01-c1
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	84	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	85	+
	86	+
	87	+
	88	+	period before judgment. Neither the state nor its agencies or 51
	89	+	subdivisions shall be liable to pay a c laim or a judgment by any 52
	90	+	one person which exceeds the sum of $1 million $200,000 or any 53
	91	+	claim or judgment, or portions thereof, which, when totaled with 54
	92	+	all other claims or judgments paid by the state or its agencies 55
	93	+	or subdivisions arising out of the sam e incident or occurrence, 56
	94	+	exceeds the sum of $300,000 . However, a judgment or judgments 57
	95	+	may be claimed and rendered in excess of this amount these 58
	96	+	amounts and may be settled and paid pursuant to this act up to 59
	97	+	$1 million per person, $200,000 or $300,000, a s the case may be; 60
	98	+	and that portion of the judgment that exceeds this amount these 61
	99	+	amounts may be reported to the Legislature, and but may be paid 62
	100	+	in part or in whole only by further act of the Legislature. 63
	101	+	(b) Notwithstanding the limited waiver of sover eign 64
	102	+	immunity provided in paragraph (a) herein, the state or an 65
	103	+	agency or subdivision thereof may agree , within the limits of 66
	104	+	insurance coverage provided, to settle a claim made or a 67
	105	+	judgment rendered against it in excess of the waiver provided in 68
	106	+	paragraph (a) without further action by the Legislature, but the 69
	107	+	state or agency or subdivision thereof shall not be deemed to 70
	108	+	have waived any defense of sovereign immunity or to have 71
	109	+	increased the limits of its liability as a result of its 72
	110	+	obtaining insurance cov erage for tortious acts in excess of the 73
	111	+	$200,000 or $300,000 waiver provided in paragraph (a) above. An 74
	112	+	insurance policy may not condition the payment of benefits, in 75
	113	+
	114	+	CS/HB 985 2022
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	117	+
	118	+	CODING: Words stricken are deletions; words underlined are additions.
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	121	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	122	+
	123	+
	124	+
	125	+	whole or in part, on the enactment of a claim bill. 76
	126	+	(c) The limitations of liability s et forth in this 77
	127	+	subsection shall apply to the state and its agencies and 78
	128	+	subdivisions whether or not the state or its agencies or 79
	129	+	subdivisions possessed sovereign immunity before July 1, 1974. 80
	130	+	(d) When determining liability limits for a claim, the 81
	131	+	limitations of liability in effect on the date a final judgment 82
	132	+	is entered shall apply to the claim. 83
	133	+	(e) Beginning July 1, 2023, and every July 1 thereafter, 84
	134	+	the Department of Financial Services shall adjust the 85
	135	+	limitations of liability in this subsection to reflect changes 86
	136	+	in the Consumer Price Index for the Southeast or a successor 87
	137	+	index as calculated by the United States Department of Labor. 88
	138	+	(f)(b) A municipality has a duty to allow the municipal 89
	139	+	law enforcement agency to respond appropriately to protect 90
	140	+	persons and property during a riot or an unlawful assembly based 91
	141	+	on the availability of adequate equipment to its municipal law 92
	142	+	enforcement officers and relevant state and federal laws. If the 93
	143	+	governing body of a municipality or a person authorized by the 94
	144	+	governing body of the municipality breaches that duty, the 95
	145	+	municipality is civilly liable for any damages, including 96
	146	+	damages arising from personal injury, wrongful death, or 97
	147	+	property damages proximately caused by the municipality's breach 98
	148	+	of duty. The sovereign immunity recovery limits in paragraph (a) 99
	149	+	do not apply to an action under this paragraph. 100
	150	+
	151	+	CS/HB 985 2022
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	153	+
	154	+
	155	+	CODING: Words stricken are deletions; words underlined are additions.
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	158	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	159	+
	160	+
	161	+
	162	+	(6)(a) An action may not be instituted on a claim against 101
	163	+	the state or one of its agencies or subdivisions unless the 102
	164	+	claimant presents the claim in writing t o the appropriate 103
	165	+	agency, and also, except as to any claim against a municipality, 104
	166	+	county, or the Florida Space Authority, presents such claim in 105
	167	+	writing to the Department of Financial Services, within 3 years 106
	168	+	after such claim accrues and the Department of Financial 107
	169	+	Services or the appropriate agency denies the claim in writing; 108
	170	+	except that, if: 109
	171	+	1. Such claim is for contribution pursuant to s. 768.31, 110
	172	+	it must be so presented within 6 months after the judgment 111
	173	+	against the tortfeasor seeking contribution ha s become final by 112
	174	+	lapse of time for appeal or after appellate review or, if there 113
	175	+	is no such judgment, within 6 months after the tortfeasor 114
	176	+	seeking contribution has either discharged the common liability 115
	177	+	by payment or agreed, while the action is pending ag ainst her or 116
	178	+	him, to discharge the common liability; or 117
	179	+	2. Such action is for wrongful death, the claimant must 118
	180	+	present the claim in writing to the Department of Financial 119
	181	+	Services within 2 years after the claim accrues ; or 120
	182	+	3. Such action arises from a violation of s. 794.011 121
	183	+	involving a victim who was younger than the age of 16 at the 122
	184	+	time of the act, the claimant may present the claim in writing 123
	185	+	at any time pursuant to s. 95.11(9) . 124
	186	+	(d) For purposes of this section, complete, accurate, and 125
	187	+
	188	+	CS/HB 985 2022
	189	+
	190	+
	191	+
	192	+	CODING: Words stricken are deletions; words underlined are additions.
	193	+	hb0985-01-c1
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	195	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	196	+
	197	+
	198	+
	199	+	timely compliance with the requirements of paragraph (c) shall 126
	200	+	occur prior to settlement payment, close of discovery or 127
	201	+	commencement of trial, whichever is sooner; provided the ability 128
	202	+	to plead setoff is not precluded by the delay. This setoff shall 129
	203	+	apply only against that part of the settlement or judgment 130
	204	+	payable to the claimant, minus claimant's reasonable attorney's 131
	205	+	fees and costs. Incomplete or inaccurate disclosure of unpaid 132
	206	+	adjudicated claims due the state, its agency, officer, or 133
	207	+	subdivision, may be excused b y the court upon a showing by the 134
	208	+	preponderance of the evidence of the claimant's lack of 135
	209	+	knowledge of an adjudicated claim and reasonable inquiry by, or 136
	210	+	on behalf of, the claimant to obtain the information from public 137
	211	+	records. Unless the appropriate agenc y had actual notice of the 138
	212	+	information required to be disclosed by paragraph (c) in time to 139
	213	+	assert a setoff, an unexcused failure to disclose shall, upon 140
	214	+	hearing and order of court, cause the claimant to be liable for 141
	215	+	double the original undisclosed judgme nt and, upon further 142
	216	+	motion, the court shall enter judgment for the agency in that 143
	217	+	amount. Except as provided otherwise in this subsection, the 144
	218	+	failure of the Department of Financial Services or the 145
	219	+	appropriate agency to make final disposition of a claim w ithin 3 146
	220	+	6 months after it is filed shall be deemed a final denial of the 147
	221	+	claim for purposes of this section. For purposes of this 148
	222	+	subsection, in medical malpractice actions and in wrongful death 149
	223	+	actions, the failure of the Department of Financial Services or 150
	224	+
	225	+	CS/HB 985 2022
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	227	+
	228	+
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	232	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	233	+
	234	+
	235	+
	236	+	the appropriate agency to make final disposition of a claim 151
	237	+	within 90 days after it is filed shall be deemed a final denial 152
	238	+	of the claim. The statute of limitations for medical malpractice 153
	239	+	actions and wrongful death actions is tolled for the period of 154
	240	+	time taken by the Department of Financial Services or the 155
	241	+	appropriate agency to deny the claim. The provisions of this 156
	242	+	subsection do not apply to such claims as may be asserted by 157
	243	+	counterclaim pursuant to s. 768.14. 158
	244	+	(14) Every claim against the state or o ne of its agencies 159
	245	+	or subdivisions for damages for a negligent or wrongful act or 160
	246	+	omission pursuant to this section shall be forever barred unless 161
	247	+	the civil action is commenced by filing a complaint in the court 162
	248	+	of appropriate jurisdiction within 4 years a fter such claim 163
	249	+	accrues; except that : 164
	250	+	(a) An action for contribution must be commenced within 165
	251	+	the limitations provided in s. 768.31(4) ;, and 166
	252	+	(b) An action for damages arising from medical malpractice 167
	253	+	or wrongful death must be commenced within the limit ations for 168
	254	+	such actions in s. 95.11(4) ; and 169
	255	+	(c) An action arising from acts constituting a violation 170
	256	+	of s. 794.011 involving a victim who was younger than the age of 171
	257	+	16 at the time of the act may be commenced at any time pursuant 172
	258	+	to s. 95.11(9). 173
	259	+	Section 2. For the purpose of incorporating the amendment 174
	260	+	made by this act to section 768.28, Florida Statutes, in a 175
	261	+
	262	+	CS/HB 985 2022
	263	+
	264	+
	265	+
	266	+	CODING: Words stricken are deletions; words underlined are additions.
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	269	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	270	+
	271	+
	272	+
	273	+	reference thereto, subsection (5) of section 45.061, Florida 176
	274	+	Statutes, is reenacted to read: 177
	275	+	45.061 Offers of settlement. — 178
	276	+	(5) Sanctions authorized under this section may be imposed 179
	277	+	notwithstanding any limitation on recovery of costs or expenses 180
	278	+	which may be provided by contract or in other provisions of 181
	279	+	Florida law. This section shall not be construed to waive the 182
	280	+	limits of sovereign immunit y set forth in s. 768.28. 183
	281	+	Section 3. For the purpose of incorporating the amendment 184
	282	+	made by this act to section 768.28, Florida Statutes, in a 185
	283	+	reference thereto, subsection (4) of section 110.504, Florida 186
	284	+	Statutes, is reenacted to read: 187
	285	+	110.504 Volunteer benefits.— 188
	286	+	(4) Volunteers shall be covered by state liability 189
	287	+	protection in accordance with the definition of a volunteer and 190
	288	+	the provisions of s. 768.28. 191
	289	+	Section 4. For the purpose of incorporating the amendment 192
	290	+	made by this act to section 768. 28, Florida Statutes, in a 193
	291	+	reference thereto, paragraph (a) of subsection (1) of section 194
	292	+	111.071, Florida Statutes, is reenacted to read: 195
	293	+	111.071 Payment of judgments or settlements against 196
	294	+	certain public officers or employees. — 197
	295	+	(1) Any county, municip ality, political subdivision, or 198
	296	+	agency of the state which has been excluded from participation 199
	297	+	in the Insurance Risk Management Trust Fund is authorized to 200
	298	+
	299	+	CS/HB 985 2022
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	301	+
	302	+
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	306	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	307	+
	308	+
	309	+
	310	+	expend available funds to pay: 201
	311	+	(a) Any final judgment, including damages, costs, and 202
	312	+	attorney's fees, arising from a complaint for damages or injury 203
	313	+	suffered as a result of any act or omission of action of any 204
	314	+	officer, employee, or agent in a civil or civil rights lawsuit 205
	315	+	described in s. 111.07. If the civil action arises under s. 206
	316	+	768.28 as a tort cla im, the limitations and provisions of s. 207
	317	+	768.28 governing payment shall apply. If the action is a civil 208
	318	+	rights action arising under 42 U.S.C. s. 1983, or similar 209
	319	+	federal statutes, payments for the full amount of the judgment 210
	320	+	may be made unless the officer, employee, or agent has been 211
	321	+	determined in the final judgment to have caused the harm 212
	322	+	intentionally. 213
	323	+	Section 5. For the purpose of incorporating the amendment 214
	324	+	made by this act to section 768.28, Florida Statutes, in a 215
	325	+	reference thereto, paragraph (k) o f subsection (15) of section 216
	326	+	163.01, Florida Statutes, is reenacted to read: 217
	327	+	163.01 Florida Interlocal Cooperation Act of 1969. — 218
	328	+	(15) Notwithstanding any other provision of this section 219
	329	+	or of any other law except s. 361.14, any public agency of this 220
	330	+	state which is an electric utility, or any separate legal entity 221
	331	+	created pursuant to the provisions of this section, the 222
	332	+	membership of which consists only of electric utilities, and 223
	333	+	which exercises or proposes to exercise the powers granted by 224
	334	+	part II of chapter 361, the Joint Power Act, may exercise any or 225
	335	+
	336	+	CS/HB 985 2022
	337	+
	338	+
	339	+
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	343	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	344	+
	345	+
	346	+
	347	+	all of the following powers: 226
	348	+	(k) The limitations on waiver in the provisions of s. 227
	349	+	768.28 or any other law to the contrary notwithstanding, the 228
	350	+	Legislature, in accordance with s. 13, Art. X of the State 229
	351	+	Constitution, hereby declares that any such legal entity or any 230
	352	+	public agency of this state that participates in any electric 231
	353	+	project waives its sovereign immunity to: 232
	354	+	1. All other persons participating therein; and 233
	355	+	2. Any person in any manner contract ing with a legal 234
	356	+	entity of which any such public agency is a member, with 235
	357	+	relation to: 236
	358	+	a. Ownership, operation, or any other activity set forth 237
	359	+	in sub-subparagraph (b)2.d. with relation to any electric 238
	360	+	project; or 239
	361	+	b. The supplying or purchasing of serv ices, output, 240
	362	+	capacity, energy, or any combination thereof. 241
	363	+	Section 6. For the purpose of incorporating the amendment 242
	364	+	made by this act to section 768.28, Florida Statutes, in a 243
	365	+	reference thereto, section 190.043, Florida Statutes, is 244
	366	+	reenacted to read: 245
	367	+	190.043 Suits against the district. —Any suit or action 246
	368	+	brought or maintained against the district for damages arising 247
	369	+	out of tort, including, without limitation, any claim arising 248
	370	+	upon account of an act causing an injury or loss of property, 249
	371	+	personal injury, or death, shall be subject to the limitations 250
	372	+
	373	+	CS/HB 985 2022
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	375	+
	376	+
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	380	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	381	+
	382	+
	383	+
	384	+	provided in s. 768.28. 251
	385	+	Section 7. For the purpose of incorporating the amendment 252
	386	+	made by this act to section 768.28, Florida Statutes, in a 253
	387	+	reference thereto, subsection (13) of section 213.015, Flori da 254
	388	+	Statutes, is reenacted to read: 255
	389	+	213.015 Taxpayer rights. —There is created a Florida 256
	390	+	Taxpayer's Bill of Rights to guarantee that the rights, privacy, 257
	391	+	and property of Florida taxpayers are adequately safeguarded and 258
	392	+	protected during tax assessment, coll ection, and enforcement 259
	393	+	processes administered under the revenue laws of this state. The 260
	394	+	Taxpayer's Bill of Rights compiles, in one document, brief but 261
	395	+	comprehensive statements which explain, in simple, nontechnical 262
	396	+	terms, the rights and obligations of the Department of Revenue 263
	397	+	and taxpayers. Section 192.0105 provides additional rights 264
	398	+	afforded to payors of property taxes and assessments. The rights 265
	399	+	afforded taxpayers to ensure that their privacy and property are 266
	400	+	safeguarded and protected during tax assessm ent and collection 267
	401	+	are available only insofar as they are implemented in other 268
	402	+	parts of the Florida Statutes or rules of the Department of 269
	403	+	Revenue. The rights so guaranteed Florida taxpayers in the 270
	404	+	Florida Statutes and the departmental rules are: 271
	405	+	(13) The right to an action at law within the limitations 272
	406	+	of s. 768.28, relating to sovereign immunity, to recover damages 273
	407	+	against the state or the Department of Revenue for injury caused 274
	408	+	by the wrongful or negligent act or omission of a department 275
	409	+
	410	+	CS/HB 985 2022
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	412	+
	413	+
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	415	+	hb0985-01-c1
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	417	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	418	+
	419	+
	420	+
	421	+	officer or employee (see s. 768.28). 276
	422	+	Section 8. For the purpose of incorporating the amendment 277
	423	+	made by this act to section 768.28, Florida Statutes, in a 278
	424	+	reference thereto, section 252.51, Florida Statutes, is 279
	425	+	reenacted to read: 280
	426	+	252.51 Liability.—Any person or organization, public or 281
	427	+	private, owning or controlling real estate or other premises who 282
	428	+	voluntarily and without compensation, other than payment or 283
	429	+	reimbursement of costs and expenses, grants a license or 284
	430	+	privilege or otherwise permits the designatio n by the local 285
	431	+	emergency management agency or use of the whole or any part of 286
	432	+	such real estate or premises for the purpose of sheltering 287
	433	+	persons during an actual, impending, mock, or practice 288
	434	+	emergency, together with her or his successor in interest, if 289
	435	+	any, shall not be liable for the death of, or injury to, any 290
	436	+	person on or about such real estate or premises during the 291
	437	+	actual, impending, mock, or practice emergency, or for loss of, 292
	438	+	or damage to, the property of such person, solely by reason or 293
	439	+	as a result of such license, privilege, designation, or use, 294
	440	+	unless the gross negligence or the willful and wanton misconduct 295
	441	+	of such person owning or controlling such real estate or 296
	442	+	premises or her or his successor in interest is the proximate 297
	443	+	cause of such death, i njury, loss, or damage occurring during 298
	444	+	such sheltering period. Any such person or organization who 299
	445	+	provides such shelter space for compensation shall be deemed to 300
	446	+
	447	+	CS/HB 985 2022
	448	+
	449	+
	450	+
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	454	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	455	+
	456	+
	457	+
	458	+	be an instrumentality of the state or its applicable agency or 301
	459	+	subdivision for the purposes of s. 768.28. 302
	460	+	Section 9. For the purpose of incorporating the amendment 303
	461	+	made by this act to section 768.28, Florida Statutes, in a 304
	462	+	reference thereto, section 252.89, Florida Statutes, is 305
	463	+	reenacted to read: 306
	464	+	252.89 Tort liability. —The commission and th e committees 307
	465	+	shall be state agencies, and the members of the commission and 308
	466	+	committees shall be officers, employees, or agents of the state 309
	467	+	for the purposes of s. 768.28. 310
	468	+	Section 10. For the purpose of incorporating the amendment 311
	469	+	made by this act to se ction 768.28, Florida Statutes, in a 312
	470	+	reference thereto, section 252.944, Florida Statutes, is 313
	471	+	reenacted to read: 314
	472	+	252.944 Tort liability. —The commission and the committees 315
	473	+	are state agencies, and the members of the commission and 316
	474	+	committees are officers, employees, or agents of the state for 317
	475	+	the purpose of s. 768.28. 318
	476	+	Section 11. For the purpose of incorporating the amendment 319
	477	+	made by this act to section 768.28, Florida Statutes, in a 320
	478	+	reference thereto, subsection (2) of section 260.0125, Florida 321
	479	+	Statutes, is reenacted to read: 322
	480	+	260.0125 Limitation on liability of private landowners 323
	481	+	whose property is designated as part of the statewide system of 324
	482	+	greenways and trails. — 325
	483	+
	484	+	CS/HB 985 2022
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	486	+
	487	+
	488	+	CODING: Words stricken are deletions; words underlined are additions.
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	491	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	492	+
	493	+
	494	+
	495	+	(2) Any private landowner who consents to designation of 326
	496	+	his or her land as part of t he statewide system of greenways and 327
	497	+	trails pursuant to s. 260.016(2)(d) without compensation shall 328
	498	+	be considered a volunteer, as defined in s. 110.501, and shall 329
	499	+	be covered by state liability protection pursuant to s. 768.28, 330
	500	+	including s. 768.28(9). 331
	501	+	Section 12. For the purpose of incorporating the amendment 332
	502	+	made by this act to section 768.28, Florida Statutes, in a 333
	503	+	reference thereto, section 284.31, Florida Statutes, is 334
	504	+	reenacted to read: 335
	505	+	284.31 Scope and types of coverages; separate accounts. —336
	506	+	The Insurance Risk Management Trust Fund must, unless 337
	507	+	specifically excluded by the Department of Financial Services, 338
	508	+	cover all departments of the State of Florida and their 339
	509	+	employees, agents, and volunteers and must provide separate 340
	510	+	accounts for workers' compens ation, general liability, fleet 341
	511	+	automotive liability, federal civil rights actions under 42 342
	512	+	U.S.C. s. 1983 or similar federal statutes, state agency 343
	513	+	firefighter cancer benefits payable under s. 112.1816(2), and 344
	514	+	court-awarded attorney fees in other proceedi ngs against the 345
	515	+	state except for such awards in eminent domain or for inverse 346
	516	+	condemnation or for awards by the Public Employees Relations 347
	517	+	Commission. Unless specifically excluded by the Department of 348
	518	+	Financial Services, the Insurance Risk Management Trust Fund 349
	519	+	must provide fleet automotive liability coverage to motor 350
	520	+
	521	+	CS/HB 985 2022
	522	+
	523	+
	524	+
	525	+	CODING: Words stricken are deletions; words underlined are additions.
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	528	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	529	+
	530	+
	531	+
	532	+	vehicles titled to the state, or to any department of the state, 351
	533	+	when such motor vehicles are used by community transportation 352
	534	+	coordinators performing, under contract to the appropriate 353
	535	+	department of the state, services for the transportation 354
	536	+	disadvantaged under part I of chapter 427. Such fleet automotive 355
	537	+	liability coverage is primary and is subject to s. 768.28 and 356
	538	+	parts II and III of chapter 284, and applicable rules adopted 357
	539	+	thereunder, and the terms and conditions of the certificate of 358
	540	+	coverage issued by the Department of Financial Services. 359
	541	+	Section 13. For the purpose of incorporating the amendment 360
	542	+	made by this act to section 768.28, Florida Statutes, in a 361
	543	+	reference thereto, section 284 .38, Florida Statutes, is 362
	544	+	reenacted to read: 363
	545	+	284.38 Waiver of sovereign immunity; effect. —The insurance 364
	546	+	programs developed herein shall provide limits as established by 365
	547	+	the provisions of s. 768.28 if a tort claim. The limits provided 366
	548	+	in s. 768.28 shall n ot apply to a civil rights action arising 367
	549	+	under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 368
	550	+	pending or future claim or judgment arising under any of said 369
	551	+	statutes may be made upon this act becoming a law, unless the 370
	552	+	officer, employee, or age nt has been determined in the final 371
	553	+	judgment to have caused the harm intentionally; however, the 372
	554	+	fund is authorized to pay all other court -ordered attorney's 373
	555	+	fees as provided under s. 284.31. 374
	556	+	Section 14. For the purpose of incorporating the amendment 375
	557	+
	558	+	CS/HB 985 2022
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
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	565	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	566	+
	567	+
	568	+
	569	+	made by this act to section 768.28, Florida Statutes, in a 376
	570	+	reference thereto, paragraph (b) of subsection (1) of section 377
	571	+	322.13, Florida Statutes, is reenacted to read: 378
	572	+	322.13 Driver license examiners. — 379
	573	+	(1) 380
	574	+	(b) Those persons serving as driver license e xaminers are 381
	575	+	not liable for actions taken within the scope of their 382
	576	+	employment or designation, except as provided by s. 768.28. 383
	577	+	Section 15. For the purpose of incorporating the amendment 384
	578	+	made by this act to section 768.28, Florida Statutes, in a 385
	579	+	reference thereto, subsection (1) of section 337.19, Florida 386
	580	+	Statutes, is reenacted to read: 387
	581	+	337.19 Suits by and against department; limitation of 388
	582	+	actions; forum.— 389
	583	+	(1) Suits at law and in equity may be brought and 390
	584	+	maintained by and against the department on any contract claim 391
	585	+	arising from breach of an express provision or an implied 392
	586	+	covenant of a written agreement or a written directive issued by 393
	587	+	the department pursuant to the written agreement. In any such 394
	588	+	suit, the department and the contractor shall have a ll of the 395
	589	+	same rights and obligations as a private person under a like 396
	590	+	contract except that no liability may be based on an oral 397
	591	+	modification of either the written contract or written 398
	592	+	directive. Nothing herein shall be construed to waive the 399
	593	+	sovereign immunity of the state and its political subdivisions 400
	594	+
	595	+	CS/HB 985 2022
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	597	+
	598	+
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	602	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	603	+
	604	+
	605	+
	606	+	from equitable claims and equitable remedies. Notwithstanding 401
	607	+	anything to the contrary contained in this section, no employee 402
	608	+	or agent of the department may be held personally liable to an 403
	609	+	extent greater than that pursuant to s. 768.28 provided that no 404
	610	+	suit sounding in tort shall be maintained against the 405
	611	+	department. 406
	612	+	Section 16. For the purpose of incorporating the amendment 407
	613	+	made by this act to section 768.28, Florida Statutes, in a 408
	614	+	reference thereto, sub section (17) of section 341.302, Florida 409
	615	+	Statutes, is reenacted to read: 410
	616	+	341.302 Rail program; duties and responsibilities of the 411
	617	+	department.—The department, in conjunction with other 412
	618	+	governmental entities, including the rail enterprise and the 413
	619	+	private sector, shall develop and implement a rail program of 414
	620	+	statewide application designed to ensure the proper maintenance, 415
	621	+	safety, revitalization, and expansion of the rail system to 416
	622	+	assure its continued and increased availability to respond to 417
	623	+	statewide mobility needs. Within the resources provided pursuant 418
	624	+	to chapter 216, and as authorized under federal law, the 419
	625	+	department shall: 420
	626	+	(17) In conjunction with the acquisition, ownership, 421
	627	+	construction, operation, maintenance, and management of a rail 422
	628	+	corridor, have the authority to: 423
	629	+	(a) Assume obligations pursuant to the following: 424
	630	+	1.a. The department may assume the obligation by contract 425
	631	+
	632	+	CS/HB 985 2022
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	634	+
	635	+
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	639	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	640	+
	641	+
	642	+
	643	+	to forever protect, defend, indemnify, and hold harmless the 426
	644	+	freight rail operator, or its successors, from whom the 427
	645	+	department has acquired a real property interest in the rail 428
	646	+	corridor, and that freight rail operator's officers, agents, and 429
	647	+	employees, from and against any liability, cost, and expense, 430
	648	+	including, but not limited to, commuter rail passengers and rail 431
	649	+	corridor invitees in the rail corridor, regardless of whether 432
	650	+	the loss, damage, destruction, injury, or death giving rise to 433
	651	+	any such liability, cost, or expense is caused in whole or in 434
	652	+	part, and to whatever nature or degree, by the fault, failure, 435
	653	+	negligence, misconduct, nonfeasance, or misfeasance of such 436
	654	+	freight rail operator, its successors, or its officers, agents, 437
	655	+	and employees, or any other person or persons whomsoever; or 438
	656	+	b. The department may assume the obligation by contract to 439
	657	+	forever protect, defend, in demnify, and hold harmless National 440
	658	+	Railroad Passenger Corporation, or its successors, and officers, 441
	659	+	agents, and employees of National Railroad Passenger 442
	660	+	Corporation, from and against any liability, cost, and expense, 443
	661	+	including, but not limited to, commute r rail passengers and rail 444
	662	+	corridor invitees in the rail corridor, regardless of whether 445
	663	+	the loss, damage, destruction, injury, or death giving rise to 446
	664	+	any such liability, cost, or expense is caused in whole or in 447
	665	+	part, and to whatever nature or degree, by the fault, failure, 448
	666	+	negligence, misconduct, nonfeasance, or misfeasance of National 449
	667	+	Railroad Passenger Corporation, its successors, or its officers, 450
	668	+
	669	+	CS/HB 985 2022
	670	+
	671	+
	672	+
	673	+	CODING: Words stricken are deletions; words underlined are additions.
	674	+	hb0985-01-c1
	675	+	Page 19 of 61
	676	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	677	+
	678	+
	679	+
	680	+	agents, and employees, or any other person or persons 451
	681	+	whomsoever. 452
	682	+	2. The assumption of liability of the department by 453
	683	+	contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 454
	684	+	1.b. may not in any instance exceed the following parameters of 455
	685	+	allocation of risk: 456
	686	+	a. The department may be solely responsible for any loss, 457
	687	+	injury, or damage to commuter rail passengers, or rail corridor 458
	688	+	invitees, or trespassers, regardless of circumstances or cause, 459
	689	+	subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 460
	690	+	6. 461
	691	+	b.(I) In the event of a limited covered accident, the 462
	692	+	authority of the department to protect, defend, and indemnify 463
	693	+	the freight operator for all liability, cost, and expense, 464
	694	+	including punitive or exemplary damages, in excess of the 465
	695	+	deductible or self-insurance retention fund established under 466
	696	+	paragraph (b) and actually in force at the time of the limited 467
	697	+	covered accident exists only if the freight operator agrees, 468
	698	+	with respect to the limited covered accident, to protect, 469
	699	+	defend, and indemnify the department for the amount of the 470
	700	+	deductible or self-insurance retention fund established under 471
	701	+	paragraph (b) and actually in force at the time of the limited 472
	702	+	covered accident. 473
	703	+	(II) In the event of a limited covered accident, the 474
	704	+	authority of the department to protect, defend, and indemnify 475
	705	+
	706	+	CS/HB 985 2022
	707	+
	708	+
	709	+
	710	+	CODING: Words stricken are deletions; words underlined are additions.
	711	+	hb0985-01-c1
	712	+	Page 20 of 61
	713	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	714	+
	715	+
	716	+
	717	+	National Railroad Passenger Corporation for all liability, cost, 476
	718	+	and expense, including punitive or exemplary damages, in excess 477
	719	+	of the deductible or self -insurance retention fund established 478
	720	+	under paragraph (b) and actually in force at the time of the 479
	721	+	limited covered accident exists only if National Railroad 480
	722	+	Passenger Corporation agrees, with respect to the limited 481
	723	+	covered accident, to protect, defend, and indemnify the 482
	724	+	department for the amount of the deductible or self -insurance 483
	725	+	retention fund established under paragraph (b) and actually in 484
	726	+	force at the time of the li mited covered accident. 485
	727	+	3. When only one train is involved in an incident, the 486
	728	+	department may be solely responsible for any loss, injury, or 487
	729	+	damage if the train is a department train or other train 488
	730	+	pursuant to subparagraph 4., but only if: 489
	731	+	a. When an incident occurs with only a freight train 490
	732	+	involved, including incidents with trespassers or at grade 491
	733	+	crossings, the freight rail operator is solely responsible for 492
	734	+	any loss, injury, or damage, except for commuter rail passengers 493
	735	+	and rail corridor invitees; or 494
	736	+	b. When an incident occurs with only a National Railroad 495
	737	+	Passenger Corporation train involved, including incidents with 496
	738	+	trespassers or at grade crossings, National Railroad Passenger 497
	739	+	Corporation is solely responsible for any loss, injury, or 498
	740	+	damage, except for commuter rail passengers and rail corridor 499
	741	+	invitees. 500
	742	+
	743	+	CS/HB 985 2022
	744	+
	745	+
	746	+
	747	+	CODING: Words stricken are deletions; words underlined are additions.
	748	+	hb0985-01-c1
	749	+	Page 21 of 61
	750	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	751	+
	752	+
	753	+
	754	+	4. For the purposes of this subsection: 501
	755	+	a. Any train involved in an incident that is neither the 502
	756	+	department's train nor the freight rail operator's train, 503
	757	+	hereinafter referred to in this su bsection as an "other train," 504
	758	+	may be treated as a department train, solely for purposes of any 505
	759	+	allocation of liability between the department and the freight 506
	760	+	rail operator only, but only if the department and the freight 507
	761	+	rail operator share responsibility equally as to third parties 508
	762	+	outside the rail corridor who incur loss, injury, or damage as a 509
	763	+	result of any incident involving both a department train and a 510
	764	+	freight rail operator train, and the allocation as between the 511
	765	+	department and the freight rail opera tor, regardless of whether 512
	766	+	the other train is treated as a department train, shall remain 513
	767	+	one-half each as to third parties outside the rail corridor who 514
	768	+	incur loss, injury, or damage as a result of the incident. The 515
	769	+	involvement of any other train shall no t alter the sharing of 516
	770	+	equal responsibility as to third parties outside the rail 517
	771	+	corridor who incur loss, injury, or damage as a result of the 518
	772	+	incident; or 519
	773	+	b. Any train involved in an incident that is neither the 520
	774	+	department's train nor the National Railr oad Passenger 521
	775	+	Corporation's train, hereinafter referred to in this subsection 522
	776	+	as an "other train," may be treated as a department train, 523
	777	+	solely for purposes of any allocation of liability between the 524
	778	+	department and National Railroad Passenger Corporation o nly, but 525
	779	+
	780	+	CS/HB 985 2022
	781	+
	782	+
	783	+
	784	+	CODING: Words stricken are deletions; words underlined are additions.
	785	+	hb0985-01-c1
	786	+	Page 22 of 61
	787	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	788	+
	789	+
	790	+
	791	+	only if the department and National Railroad Passenger 526
	792	+	Corporation share responsibility equally as to third parties 527
	793	+	outside the rail corridor who incur loss, injury, or damage as a 528
	794	+	result of any incident involving both a department train and a 529
	795	+	National Railroad Passenger Corporation train, and the 530
	796	+	allocation as between the department and National Railroad 531
	797	+	Passenger Corporation, regardless of whether the other train is 532
	798	+	treated as a department train, shall remain one -half each as to 533
	799	+	third parties outside the rail corridor who incur loss, injury, 534
	800	+	or damage as a result of the incident. The involvement of any 535
	801	+	other train shall not alter the sharing of equal responsibility 536
	802	+	as to third parties outside the rail corridor who incur loss, 537
	803	+	injury, or damage as a result of the incident. 538
	804	+	5. When more than one train is involved in an incident: 539
	805	+	a.(I) If only a department train and freight rail 540
	806	+	operator's train, or only an other train as described in sub -541
	807	+	subparagraph 4.a. and a freight rail operator's train, are 542
	808	+	involved in an incident, the department may be responsible for 543
	809	+	its property and all of its people, all commuter rail 544
	810	+	passengers, and rail corridor invitees, but only if the freight 545
	811	+	rail operator is responsible for its property and all of its 546
	812	+	people, and the department and the freight rail operator each 547
	813	+	share one-half responsibility as to trespassers or third parties 548
	814	+	outside the rail corridor who incur loss, injury, or damage as a 549
	815	+	result of the incident; or 550
	816	+
	817	+	CS/HB 985 2022
	818	+
	819	+
	820	+
	821	+	CODING: Words stricken are deletions; words underlined are additions.
	822	+	hb0985-01-c1
	823	+	Page 23 of 61
	824	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	825	+
	826	+
	827	+
	828	+	(II) If only a department train and a National Ra ilroad 551
	829	+	Passenger Corporation train, or only an other train as described 552
	830	+	in sub-subparagraph 4.b. and a National Railroad Passenger 553
	831	+	Corporation train, are involved in an incident, the department 554
	832	+	may be responsible for its property and all of its people, all 555
	833	+	commuter rail passengers, and rail corridor invitees, but only 556
	834	+	if National Railroad Passenger Corporation is responsible for 557
	835	+	its property and all of its people, all National Railroad 558
	836	+	Passenger Corporation's rail passengers, and the department and 559
	837	+	National Railroad Passenger Corporation each share one -half 560
	838	+	responsibility as to trespassers or third parties outside the 561
	839	+	rail corridor who incur loss, injury, or damage as a result of 562
	840	+	the incident. 563
	841	+	b.(I) If a department train, a freight rail operator 564
	842	+	train, and any other train are involved in an incident, the 565
	843	+	allocation of liability between the department and the freight 566
	844	+	rail operator, regardless of whether the other train is treated 567
	845	+	as a department train, shall remain one -half each as to third 568
	846	+	parties outside the rail corridor who incur loss, injury, or 569
	847	+	damage as a result of the incident; the involvement of any other 570
	848	+	train shall not alter the sharing of equal responsibility as to 571
	849	+	third parties outside the rail corridor who incur loss, injury, 572
	850	+	or damage as a result of the incident; and, if the owner, 573
	851	+	operator, or insurer of the other train makes any payment to 574
	852	+	injured third parties outside the rail corridor who incur loss, 575
	853	+
	854	+	CS/HB 985 2022
	855	+
	856	+
	857	+
	858	+	CODING: Words stricken are deletions; words underlined are additions.
	859	+	hb0985-01-c1
	860	+	Page 24 of 61
	861	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	862	+
	863	+
	864	+
	865	+	injury, or damage as a result of the incident, the allocation of 576
	866	+	credit between the departme nt and the freight rail operator as 577
	867	+	to such payment shall not in any case reduce the freight rail 578
	868	+	operator's third-party-sharing allocation of one -half under this 579
	869	+	paragraph to less than one -third of the total third party 580
	870	+	liability; or 581
	871	+	(II) If a departmen t train, a National Railroad Passenger 582
	872	+	Corporation train, and any other train are involved in an 583
	873	+	incident, the allocation of liability between the department and 584
	874	+	National Railroad Passenger Corporation, regardless of whether 585
	875	+	the other train is treated as a department train, shall remain 586
	876	+	one-half each as to third parties outside the rail corridor who 587
	877	+	incur loss, injury, or damage as a result of the incident; the 588
	878	+	involvement of any other train shall not alter the sharing of 589
	879	+	equal responsibility as to third pa rties outside the rail 590
	880	+	corridor who incur loss, injury, or damage as a result of the 591
	881	+	incident; and, if the owner, operator, or insurer of the other 592
	882	+	train makes any payment to injured third parties outside the 593
	883	+	rail corridor who incur loss, injury, or damage as a result of 594
	884	+	the incident, the allocation of credit between the department 595
	885	+	and National Railroad Passenger Corporation as to such payment 596
	886	+	shall not in any case reduce National Railroad Passenger 597
	887	+	Corporation's third-party-sharing allocation of one -half under 598
	888	+	this sub-subparagraph to less than one -third of the total third 599
	889	+	party liability. 600
	890	+
	891	+	CS/HB 985 2022
	892	+
	893	+
	894	+
	895	+	CODING: Words stricken are deletions; words underlined are additions.
	896	+	hb0985-01-c1
	897	+	Page 25 of 61
	898	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	899	+
	900	+
	901	+
	902	+	6. Any such contractual duty to protect, defend, 601
	903	+	indemnify, and hold harmless such a freight rail operator or 602
	904	+	National Railroad Passenger Corporation shall expressly in clude 603
	905	+	a specific cap on the amount of the contractual duty, which 604
	906	+	amount shall not exceed $200 million without prior legislative 605
	907	+	approval, and the department to purchase liability insurance and 606
	908	+	establish a self-insurance retention fund in the amount of the 607
	909	+	specific cap established under this subparagraph, provided that: 608
	910	+	a. No such contractual duty shall in any case be effective 609
	911	+	nor otherwise extend the department's liability in scope and 610
	912	+	effect beyond the contractual liability insurance and self -611
	913	+	insurance retention fund required pursuant to this paragraph; 612
	914	+	and 613
	915	+	b.(I) The freight rail operator's compensation to the 614
	916	+	department for future use of the department's rail corridor 615
	917	+	shall include a monetary contribution to the cost of such 616
	918	+	liability coverage for th e sole benefit of the freight rail 617
	919	+	operator. 618
	920	+	(II) National Railroad Passenger Corporation's 619
	921	+	compensation to the department for future use of the 620
	922	+	department's rail corridor shall include a monetary contribution 621
	923	+	to the cost of such liability coverage for t he sole benefit of 622
	924	+	National Railroad Passenger Corporation. 623
	925	+	(b) Purchase liability insurance, which amount shall not 624
	926	+	exceed $200 million, and establish a self -insurance retention 625
	927	+
	928	+	CS/HB 985 2022
	929	+
	930	+
	931	+
	932	+	CODING: Words stricken are deletions; words underlined are additions.
	933	+	hb0985-01-c1
	934	+	Page 26 of 61
	935	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	936	+
	937	+
	938	+
	939	+	fund for the purpose of paying the deductible limit established 626
	940	+	in the insurance policies it may obtain, including coverage for 627
	941	+	the department, any freight rail operator as described in 628
	942	+	paragraph (a), National Railroad Passenger Corporation, commuter 629
	943	+	rail service providers, governmental entities, or any ancillary 630
	944	+	development, which self-insurance retention fund or deductible 631
	945	+	shall not exceed $10 million. The insureds shall pay a 632
	946	+	reasonable monetary contribution to the cost of such liability 633
	947	+	coverage for the sole benefit of the insured. Such insurance and 634
	948	+	self-insurance retention f und may provide coverage for all 635
	949	+	damages, including, but not limited to, compensatory, special, 636
	950	+	and exemplary, and be maintained to provide an adequate fund to 637
	951	+	cover claims and liabilities for loss, injury, or damage arising 638
	952	+	out of or connected with the ow nership, operation, maintenance, 639
	953	+	and management of a rail corridor. 640
	954	+	(c) Incur expenses for the purchase of advertisements, 641
	955	+	marketing, and promotional items. 642
	956	+	(d) Without altering any of the rights granted to the 643
	957	+	department under this section, agree to a ssume the obligations 644
	958	+	to indemnify and insure, pursuant to s. 343.545, freight rail 645
	959	+	service, intercity passenger rail service, and commuter rail 646
	960	+	service on a department -owned rail corridor, whether ownership 647
	961	+	is in fee or by easement, or on a rail corridor where the 648
	962	+	department has the right to operate. 649
	963	+	650
	964	+
	965	+	CS/HB 985 2022
	966	+
	967	+
	968	+
	969	+	CODING: Words stricken are deletions; words underlined are additions.
	970	+	hb0985-01-c1
	971	+	Page 27 of 61
	972	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	973	+
	974	+
	975	+
	976	+	Neither the assumption by contract to protect, defend, 651
	977	+	indemnify, and hold harmless; the purchase of insurance; nor the 652
	978	+	establishment of a self -insurance retention fund shall be deemed 653
	979	+	to be a waiver of any d efense of sovereign immunity for torts 654
	980	+	nor deemed to increase the limits of the department's or the 655
	981	+	governmental entity's liability for torts as provided in s. 656
	982	+	768.28. The requirements of s. 287.022(1) shall not apply to the 657
	983	+	purchase of any insurance under this subsection. The provisions 658
	984	+	of this subsection shall apply and inure fully as to any other 659
	985	+	governmental entity providing commuter rail service and 660
	986	+	constructing, operating, maintaining, or managing a rail 661
	987	+	corridor on publicly owned right -of-way under contract by the 662
	988	+	governmental entity with the department or a governmental entity 663
	989	+	designated by the department. Notwithstanding any law to the 664
	990	+	contrary, procurement for the construction, operation, 665
	991	+	maintenance, and management of any rail corridor described i n 666
	992	+	this subsection, whether by the department, a governmental 667
	993	+	entity under contract with the department, or a governmental 668
	994	+	entity designated by the department, shall be pursuant to s. 669
	995	+	287.057 and shall include, but not be limited to, criteria for 670
	996	+	the consideration of qualifications, technical aspects of the 671
	997	+	proposal, and price. Further, any such contract for design -build 672
	998	+	shall be procured pursuant to the criteria in s. 337.11(7). 673
	999	+	Section 17. For the purpose of incorporating the amendment 674
	1000	+	made by this act to section 768.28, Florida Statutes, in a 675
	1001	+
	1002	+	CS/HB 985 2022
	1003	+
	1004	+
	1005	+
	1006	+	CODING: Words stricken are deletions; words underlined are additions.
	1007	+	hb0985-01-c1
	1008	+	Page 28 of 61
	1009	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1010	+
	1011	+
	1012	+
	1013	+	reference thereto, subsection (6) of section 373.1395, Florida 676
	1014	+	Statutes, is reenacted to read: 677
	1015	+	373.1395 Limitation on liability of water management 678
	1016	+	district with respect to areas made available to the public for 679
	1017	+	recreational purposes without charge. — 680
	1018	+	(6) This section does not relieve any water management 681
	1019	+	district of any liability that would otherwise exist for gross 682
	1020	+	negligence or a deliberate, willful, or malicious injury to a 683
	1021	+	person or property. This section d oes not create or increase the 684
	1022	+	liability of any water management district or person beyond that 685
	1023	+	which is authorized by s. 768.28. 686
	1024	+	Section 18. For the purpose of incorporating the amendment 687
	1025	+	made by this act to section 768.28, Florida Statutes, in a 688
	1026	+	reference thereto, paragraph (a) of subsection (3) of section 689
	1027	+	375.251, Florida Statutes, is reenacted to read: 690
	1028	+	375.251 Limitation on liability of persons making 691
	1029	+	available to public certain areas for recreational purposes 692
	1030	+	without charge.— 693
	1031	+	(3)(a) An owner of an area who enters into a written 694
	1032	+	agreement concerning the area with a state agency for outdoor 695
	1033	+	recreational purposes, where such agreement recognizes that the 696
	1034	+	state agency is responsible for personal injury, loss, or damage 697
	1035	+	resulting in whole or in part from the state agency's use of the 698
	1036	+	area under the terms of the agreement subject to the limitations 699
	1037	+	and conditions specified in s. 768.28, owes no duty of care to 700
	1038	+
	1039	+	CS/HB 985 2022
	1040	+
	1041	+
	1042	+
	1043	+	CODING: Words stricken are deletions; words underlined are additions.
	1044	+	hb0985-01-c1
	1045	+	Page 29 of 61
	1046	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1047	+
	1048	+
	1049	+
	1050	+	keep the area safe for entry or use by others, or to give 701
	1051	+	warning to persons entering or goin g on the area of any 702
	1052	+	hazardous conditions, structures, or activities thereon. An 703
	1053	+	owner who enters into a written agreement concerning the area 704
	1054	+	with a state agency for outdoor recreational purposes: 705
	1055	+	1. Is not presumed to extend any assurance that the area 706
	1056	+	is safe for any purpose; 707
	1057	+	2. Does not incur any duty of care toward a person who 708
	1058	+	goes on the area that is subject to the agreement; or 709
	1059	+	3. Is not liable or responsible for any injury to persons 710
	1060	+	or property caused by the act or omission of a person who goes 711
	1061	+	on the area that is subject to the agreement. 712
	1062	+	Section 19. For the purpose of incorporating the amendment 713
	1063	+	made by this act to section 768.28, Florida Statutes, in a 714
	1064	+	reference thereto, subsection (9) of section 381.0056, Florida 715
	1065	+	Statutes, is reenact ed to read: 716
	1066	+	381.0056 School health services program. — 717
	1067	+	(9) Any health care entity that provides school health 718
	1068	+	services under contract with the department pursuant to a school 719
	1069	+	health services plan developed under this section, and as part 720
	1070	+	of a school nurse services public-private partnership, is deemed 721
	1071	+	to be a corporation acting primarily as an instrumentality of 722
	1072	+	the state solely for the purpose of limiting liability pursuant 723
	1073	+	to s. 768.28(5). The limitations on tort actions contained in s. 724
	1074	+	768.28(5) shall apply to any action against the entity with 725
	1075	+
	1076	+	CS/HB 985 2022
	1077	+
	1078	+
	1079	+
	1080	+	CODING: Words stricken are deletions; words underlined are additions.
	1081	+	hb0985-01-c1
	1082	+	Page 30 of 61
	1083	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1084	+
	1085	+
	1086	+
	1087	+	respect to the provision of school health services, if the 726
	1088	+	entity is acting within the scope of and pursuant to guidelines 727
	1089	+	established in the contract or by rule of the department. The 728
	1090	+	contract must require the entity, or the partnership on behalf 729
	1091	+	of the entity, to obtain general liability insurance coverage, 730
	1092	+	with any additional endorsement necessary to insure the entity 731
	1093	+	for liability assumed by its contract with the department. The 732
	1094	+	Legislature intends that insur ance be purchased by entities, or 733
	1095	+	by partnerships on behalf of the entity, to cover all liability 734
	1096	+	claims, and under no circumstances shall the state or the 735
	1097	+	department be responsible for payment of any claims or defense 736
	1098	+	costs for claims brought against the entity or its subcontractor 737
	1099	+	for services performed under the contract with the department. 738
	1100	+	This subsection does not preclude consideration by the 739
	1101	+	Legislature for payment by the state of any claims bill 740
	1102	+	involving an entity contracting with the department pu rsuant to 741
	1103	+	this section. 742
	1104	+	Section 20. For the purpose of incorporating the amendment 743
	1105	+	made by this act to section 768.28, Florida Statutes, in a 744
	1106	+	reference thereto, subsection (3) of section 393.075, Florida 745
	1107	+	Statutes, is reenacted to read: 746
	1108	+	393.075 General liability coverage. — 747
	1109	+	(3) This section shall not be construed as designating or 748
	1110	+	not designating that a person who owns or operates a foster care 749
	1111	+	facility or group home facility as described in this section or 750
	1112	+
	1113	+	CS/HB 985 2022
	1114	+
	1115	+
	1116	+
	1117	+	CODING: Words stricken are deletions; words underlined are additions.
	1118	+	hb0985-01-c1
	1119	+	Page 31 of 61
	1120	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1121	+
	1122	+
	1123	+
	1124	+	any other person is an employee or agent of the state. Nothing 751
	1125	+	in this section amends, expands, or supersedes the provisions of 752
	1126	+	s. 768.28. 753
	1127	+	Section 21. For the purpose of incorporating the amendment 754
	1128	+	made by this act to section 768.28, Florida Statutes, in a 755
	1129	+	reference thereto, paragraph (g) of sub section (10) of section 756
	1130	+	395.1055, Florida Statutes, is reenacted to read: 757
	1131	+	395.1055 Rules and enforcement. — 758
	1132	+	(10) The agency shall establish a pediatric cardiac 759
	1133	+	technical advisory panel, pursuant to s. 20.052, to develop 760
	1134	+	procedures and standards for meas uring outcomes of pediatric 761
	1135	+	cardiac catheterization programs and pediatric cardiovascular 762
	1136	+	surgery programs. 763
	1137	+	(g) Panel members are agents of the state for purposes of 764
	1138	+	s. 768.28 throughout the good faith performance of the duties 765
	1139	+	assigned to them by the Se cretary of Health Care Administration. 766
	1140	+	Section 22. For the purpose of incorporating the amendment 767
	1141	+	made by this act to section 768.28, Florida Statutes, in a 768
	1142	+	reference thereto, paragraph (c) of subsection (17) of section 769
	1143	+	403.706, Florida Statutes, is re enacted to read: 770
	1144	+	403.706 Local government solid waste responsibilities. — 771
	1145	+	(17) To effect the purposes of this part, counties and 772
	1146	+	municipalities are authorized, in addition to other powers 773
	1147	+	granted pursuant to this part: 774
	1148	+	(c) To waive sovereign immunity and immunity from suit in 775
	1149	+
	1150	+	CS/HB 985 2022
	1151	+
	1152	+
	1153	+
	1154	+	CODING: Words stricken are deletions; words underlined are additions.
	1155	+	hb0985-01-c1
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	1157	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1158	+
	1159	+
	1160	+
	1161	+	federal court by vote of the governing body of the county or 776
	1162	+	municipality to the extent necessary to carry out the authority 777
	1163	+	granted in paragraphs (a) and (b), notwithstanding the 778
	1164	+	limitations prescribed in s. 768.28. 779
	1165	+	Section 23. For the purpose of incorporating the amendment 780
	1166	+	made by this act to section 768.28, Florida Statutes, in a 781
	1167	+	reference thereto, subsection (1), paragraph (a) of subsection 782
	1168	+	(2), and paragraph (a) of subsection (3) of section 409.993, 783
	1169	+	Florida Statutes, are r eenacted to read: 784
	1170	+	409.993 Lead agencies and subcontractor liability. — 785
	1171	+	(1) FINDINGS.— 786
	1172	+	(a) The Legislature finds that the state has traditionally 787
	1173	+	provided foster care services to children who are the 788
	1174	+	responsibility of the state. As such, foster childre n have not 789
	1175	+	had the right to recover for injuries beyond the limitations 790
	1176	+	specified in s. 768.28. The Legislature has determined that 791
	1177	+	foster care and related services should be outsourced pursuant 792
	1178	+	to this section and that the provision of such services is of 793
	1179	+	paramount importance to the state. The purpose of such 794
	1180	+	outsourcing is to increase the level of safety, security, and 795
	1181	+	stability of children who are or become the responsibility of 796
	1182	+	the state. One of the components necessary to secure a safe and 797
	1183	+	stable environment for such children is the requirement that 798
	1184	+	private providers maintain liability insurance. As such, 799
	1185	+	insurance needs to be available and remain available to 800
	1186	+
	1187	+	CS/HB 985 2022
	1188	+
	1189	+
	1190	+
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	1192	+	hb0985-01-c1
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	1194	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1195	+
	1196	+
	1197	+
	1198	+	nongovernmental foster care and related services providers 801
	1199	+	without the resources of such provi ders being significantly 802
	1200	+	reduced by the cost of maintaining such insurance. 803
	1201	+	(b) The Legislature further finds that, by requiring the 804
	1202	+	following minimum levels of insurance, children in outsourced 805
	1203	+	foster care and related services will gain increased protec tion 806
	1204	+	and rights of recovery in the event of injury than currently 807
	1205	+	provided in s. 768.28. 808
	1206	+	(2) LEAD AGENCY LIABILITY. — 809
	1207	+	(a) Other than an entity to which s. 768.28 applies, an 810
	1208	+	eligible community-based care lead agency, or its employees or 811
	1209	+	officers, except as otherwise provided in paragraph (b), shall, 812
	1210	+	as a part of its contract, obtain a minimum of $1 million per 813
	1211	+	occurrence with a policy period aggregate limit of $3 million in 814
	1212	+	general liability insurance coverage. The lead agency must also 815
	1213	+	require that staff who transport client children and families in 816
	1214	+	their personal automobiles in order to carry out their job 817
	1215	+	responsibilities obtain minimum bodily injury liability 818
	1216	+	insurance in the amount of $100,000 per person per any one 819
	1217	+	automobile accident, and subject t o such limits for each person, 820
	1218	+	$300,000 for all damages resulting from any one automobile 821
	1219	+	accident, on their personal automobiles. In lieu of personal 822
	1220	+	motor vehicle insurance, the lead agency's casualty, liability, 823
	1221	+	or motor vehicle insurance carrier may pr ovide nonowned 824
	1222	+	automobile liability coverage. This insurance provides liability 825
	1223	+
	1224	+	CS/HB 985 2022
	1225	+
	1226	+
	1227	+
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	1231	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1232	+
	1233	+
	1234	+
	1235	+	insurance for an automobile that the lead agency uses in 826
	1236	+	connection with the lead agency's business but does not own, 827
	1237	+	lease, rent, or borrow. This coverage includes an automobi le 828
	1238	+	owned by an employee of the lead agency or a member of the 829
	1239	+	employee's household but only while the automobile is used in 830
	1240	+	connection with the lead agency's business. The nonowned 831
	1241	+	automobile coverage for the lead agency applies as excess 832
	1242	+	coverage over any other collectible insurance. The personal 833
	1243	+	automobile policy for the employee of the lead agency shall be 834
	1244	+	primary insurance, and the nonowned automobile coverage of the 835
	1245	+	lead agency acts as excess insurance to the primary insurance. 836
	1246	+	The lead agency shall pr ovide a minimum limit of $1 million in 837
	1247	+	nonowned automobile coverage. In a tort action brought against 838
	1248	+	such a lead agency or employee, net economic damages shall be 839
	1249	+	limited to $2 million per liability claim and $200,000 per 840
	1250	+	automobile claim, including, but not limited to, past and future 841
	1251	+	medical expenses, wage loss, and loss of earning capacity, 842
	1252	+	offset by any collateral source payment paid or payable. In any 843
	1253	+	tort action brought against a lead agency, noneconomic damages 844
	1254	+	shall be limited to $400,000 per claim . A claims bill may be 845
	1255	+	brought on behalf of a claimant pursuant to s. 768.28 for any 846
	1256	+	amount exceeding the limits specified in this paragraph. Any 847
	1257	+	offset of collateral source payments made as of the date of the 848
	1258	+	settlement or judgment shall be in accordance with s. 768.76. 849
	1259	+	The lead agency is not liable in tort for the acts or omissions 850
	1260	+
	1261	+	CS/HB 985 2022
	1262	+
	1263	+
	1264	+
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	1268	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1269	+
	1270	+
	1271	+
	1272	+	of its subcontractors or the officers, agents, or employees of 851
	1273	+	its subcontractors. 852
	1274	+	(3) SUBCONTRACTOR LIABILITY. — 853
	1275	+	(a) A subcontractor of an eligible community -based care 854
	1276	+	lead agency that is a direct provider of foster care and related 855
	1277	+	services to children and families, and its employees or 856
	1278	+	officers, except as otherwise provided in paragraph (b), must, 857
	1279	+	as a part of its contract, obtain a minimum of $1 million per 858
	1280	+	occurrence with a policy period aggregate limit of $3 million in 859
	1281	+	general liability insurance coverage. The subcontractor of a 860
	1282	+	lead agency must also require that staff who transport client 861
	1283	+	children and families in their personal automobiles in order to 862
	1284	+	carry out their job responsibilities obtain minimum bodily 863
	1285	+	injury liability insurance in the amount of $100,000 per person 864
	1286	+	in any one automobile accident, and subject to such limits for 865
	1287	+	each person, $300,000 for all damages resulting from any one 866
	1288	+	automobile accident, on th eir personal automobiles. In lieu of 867
	1289	+	personal motor vehicle insurance, the subcontractor's casualty, 868
	1290	+	liability, or motor vehicle insurance carrier may provide 869
	1291	+	nonowned automobile liability coverage. This insurance provides 870
	1292	+	liability insurance for automobil es that the subcontractor uses 871
	1293	+	in connection with the subcontractor's business but does not 872
	1294	+	own, lease, rent, or borrow. This coverage includes automobiles 873
	1295	+	owned by the employees of the subcontractor or a member of the 874
	1296	+	employee's household but only while t he automobiles are used in 875
	1297	+
	1298	+	CS/HB 985 2022
	1299	+
	1300	+
	1301	+
	1302	+	CODING: Words stricken are deletions; words underlined are additions.
	1303	+	hb0985-01-c1
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	1305	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1306	+
	1307	+
	1308	+
	1309	+	connection with the subcontractor's business. The nonowned 876
	1310	+	automobile coverage for the subcontractor applies as excess 877
	1311	+	coverage over any other collectible insurance. The personal 878
	1312	+	automobile policy for the employee of the subcontr actor shall be 879
	1313	+	primary insurance, and the nonowned automobile coverage of the 880
	1314	+	subcontractor acts as excess insurance to the primary insurance. 881
	1315	+	The subcontractor shall provide a minimum limit of $1 million in 882
	1316	+	nonowned automobile coverage. In a tort action b rought against 883
	1317	+	such subcontractor or employee, net economic damages shall be 884
	1318	+	limited to $2 million per liability claim and $200,000 per 885
	1319	+	automobile claim, including, but not limited to, past and future 886
	1320	+	medical expenses, wage loss, and loss of earning capaci ty, 887
	1321	+	offset by any collateral source payment paid or payable. In a 888
	1322	+	tort action brought against such subcontractor, noneconomic 889
	1323	+	damages shall be limited to $400,000 per claim. A claims bill 890
	1324	+	may be brought on behalf of a claimant pursuant to s. 768.28 for 891
	1325	+	any amount exceeding the limits specified in this paragraph. Any 892
	1326	+	offset of collateral source payments made as of the date of the 893
	1327	+	settlement or judgment shall be in accordance with s. 768.76. 894
	1328	+	Section 24. For the purpose of incorporating the amendment 895
	1329	+	made by this act to section 768.28, Florida Statutes, in a 896
	1330	+	reference thereto, subsection (3) of section 455.221, Florida 897
	1331	+	Statutes, is reenacted to read: 898
	1332	+	455.221 Legal and investigative services. — 899
	1333	+	(3) Any person retained by the department under contract 900
	1334	+
	1335	+	CS/HB 985 2022
	1336	+
	1337	+
	1338	+
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	1340	+	hb0985-01-c1
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	1342	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1343	+
	1344	+
	1345	+
	1346	+	to review materials, make site visits, or provide expert 901
	1347	+	testimony regarding any complaint or application filed with the 902
	1348	+	department relating to a profession under the jurisdiction of 903
	1349	+	the department shall be considered an agent of the department in 904
	1350	+	determining the state insurance coverage and sovereign immunity 905
	1351	+	protection applicability of ss. 284.31 and 768.28. 906
	1352	+	Section 25. For the purpose of incorporating the amendment 907
	1353	+	made by this act to section 768.28, Florida Statutes, in a 908
	1354	+	reference thereto, subsection ( 5) of section 455.32, Florida 909
	1355	+	Statutes, is reenacted to read: 910
	1356	+	455.32 Management Privatization Act. — 911
	1357	+	(5) Any such corporation may hire staff as necessary to 912
	1358	+	carry out its functions. Such staff are not public employees for 913
	1359	+	the purposes of chapter 110 or chapter 112, except that the 914
	1360	+	board of directors and the employees of the corporation are 915
	1361	+	subject to the provisions of s. 112.061 and part III of chapter 916
	1362	+	112. The provisions of s. 768.28 apply to each such corporation, 917
	1363	+	which is deemed to be a corporation pr imarily acting as an 918
	1364	+	instrumentality of the state but which is not an agency within 919
	1365	+	the meaning of s. 20.03(11). 920
	1366	+	Section 26. For the purpose of incorporating the amendment 921
	1367	+	made by this act to section 768.28, Florida Statutes, in a 922
	1368	+	reference thereto, su bsection (3) of section 456.009, Florida 923
	1369	+	Statutes, is reenacted to read: 924
	1370	+	456.009 Legal and investigative services. — 925
	1371	+
	1372	+	CS/HB 985 2022
	1373	+
	1374	+
	1375	+
	1376	+	CODING: Words stricken are deletions; words underlined are additions.
	1377	+	hb0985-01-c1
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	1379	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1380	+
	1381	+
	1382	+
	1383	+	(3) Any person retained by the department under contract 926
	1384	+	to review materials, make site visits, or provide expert 927
	1385	+	testimony regarding an y complaint or application filed with the 928
	1386	+	department relating to a profession under the jurisdiction of 929
	1387	+	the department shall be considered an agent of the department in 930
	1388	+	determining the state insurance coverage and sovereign immunity 931
	1389	+	protection applicabilit y of ss. 284.31 and 768.28. 932
	1390	+	Section 27. For the purpose of incorporating the amendment 933
	1391	+	made by this act to section 768.28, Florida Statutes, in a 934
	1392	+	reference thereto, paragraph (a) of subsection (15) of section 935
	1393	+	456.076, Florida Statutes, is reenacted to read: 936
	1394	+	456.076 Impaired practitioner programs. — 937
	1395	+	(15)(a) A consultant retained pursuant to this section and 938
	1396	+	a consultant's directors, officers, employees, or agents shall 939
	1397	+	be considered agents of the department for purposes of s. 768.28 940
	1398	+	while acting within the scope of the consultant's duties under 941
	1399	+	the contract with the department. 942
	1400	+	Section 28. For the purpose of incorporating the amendment 943
	1401	+	made by this act to section 768.28, Florida Statutes, in a 944
	1402	+	reference thereto, subsection (3) of section 471.038, F lorida 945
	1403	+	Statutes, is reenacted to read: 946
	1404	+	471.038 Florida Engineers Management Corporation. — 947
	1405	+	(3) The Florida Engineers Management Corporation is 948
	1406	+	created to provide administrative, investigative, and 949
	1407	+	prosecutorial services to the board in accordance with t he 950
	1408	+
	1409	+	CS/HB 985 2022
	1410	+
	1411	+
	1412	+
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	1416	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1417	+
	1418	+
	1419	+
	1420	+	provisions of chapter 455 and this chapter. The management 951
	1421	+	corporation may hire staff as necessary to carry out its 952
	1422	+	functions. Such staff are not public employees for the purposes 953
	1423	+	of chapter 110 or chapter 112, except that the board of 954
	1424	+	directors and the staff are subject to the provisions of s. 955
	1425	+	112.061. The provisions of s. 768.28 apply to the management 956
	1426	+	corporation, which is deemed to be a corporation primarily 957
	1427	+	acting as an instrumentality of the state, but which is not an 958
	1428	+	agency within the meaning of s . 20.03(11). The management 959
	1429	+	corporation shall: 960
	1430	+	(a) Be a Florida corporation not for profit, incorporated 961
	1431	+	under the provisions of chapter 617. 962
	1432	+	(b) Provide administrative, investigative, and 963
	1433	+	prosecutorial services to the board in accordance with the 964
	1434	+	provisions of chapter 455, this chapter, and the contract 965
	1435	+	required by this section. 966
	1436	+	(c) Receive, hold, and administer property and make only 967
	1437	+	prudent expenditures directly related to the responsibilities of 968
	1438	+	the board, and in accordance with the contract requi red by this 969
	1439	+	section. 970
	1440	+	(d) Be approved by the board, and the department, to 971
	1441	+	operate for the benefit of the board and in the best interest of 972
	1442	+	the state. 973
	1443	+	(e) Operate under a fiscal year that begins on July 1 of 974
	1444	+	each year and ends on June 30 of the followin g year. 975
	1445	+
	1446	+	CS/HB 985 2022
	1447	+
	1448	+
	1449	+
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	1453	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1454	+
	1455	+
	1456	+
	1457	+	(f) Have a seven-member board of directors, five of whom 976
	1458	+	are to be appointed by the board and must be registrants 977
	1459	+	regulated by the board and two of whom are to be appointed by 978
	1460	+	the secretary and must be laypersons not regulated by the board. 979
	1461	+	All appointments shall be for 4 -year terms. No member shall 980
	1462	+	serve more than two consecutive terms. Failure to attend three 981
	1463	+	consecutive meetings shall be deemed a resignation from the 982
	1464	+	board, and the vacancy shall be filled by a new appointment. 983
	1465	+	(g) Select its officers in accordance with its bylaws. The 984
	1466	+	members of the board of directors who were appointed by the 985
	1467	+	board may be removed by the board. 986
	1468	+	(h) Select the president of the management corporation, 987
	1469	+	who shall also serve as executive director to the board, su bject 988
	1470	+	to approval of the board. 989
	1471	+	(i) Use a portion of the interest derived from the 990
	1472	+	management corporation account to offset the costs associated 991
	1473	+	with the use of credit cards for payment of fees by applicants 992
	1474	+	or licensees. 993
	1475	+	(j) Operate under a written co ntract with the department 994
	1476	+	which is approved by the board. The contract must provide for, 995
	1477	+	but is not limited to: 996
	1478	+	1. Submission by the management corporation of an annual 997
	1479	+	budget that complies with board rules for approval by the board 998
	1480	+	and the department. 999
	1481	+	2. Annual certification by the board and the department 1000
	1482	+
	1483	+	CS/HB 985 2022
	1484	+
	1485	+
	1486	+
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	1490	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1491	+
	1492	+
	1493	+
	1494	+	that the management corporation is complying with the terms of 1001
	1495	+	the contract in a manner consistent with the goals and purposes 1002
	1496	+	of the board and in the best interest of the state. This 1003
	1497	+	certification must be reported in the board's minutes. The 1004
	1498	+	contract must also provide for methods and mechanisms to resolve 1005
	1499	+	any situation in which the certification process determines 1006
	1500	+	noncompliance. 1007
	1501	+	3. Funding of the management corporation through 1008
	1502	+	appropriations alloc ated to the regulation of professional 1009
	1503	+	engineers from the Professional Regulation Trust Fund. 1010
	1504	+	4. The reversion to the board, or the state if the board 1011
	1505	+	ceases to exist, of moneys, records, data, and property held in 1012
	1506	+	trust by the management corporation for the benefit of the 1013
	1507	+	board, if the management corporation is no longer approved to 1014
	1508	+	operate for the board or the board ceases to exist. All records 1015
	1509	+	and data in a computerized database shall be returned to the 1016
	1510	+	department in a form that is compatible with the computerized 1017
	1511	+	database of the department. 1018
	1512	+	5. The securing and maintaining by the management 1019
	1513	+	corporation, during the term of the contract and for all acts 1020
	1514	+	performed during the term of the contract, of all liability 1021
	1515	+	insurance coverages in an amount to be ap proved by the board to 1022
	1516	+	defend, indemnify, and hold harmless the management corporation 1023
	1517	+	and its officers and employees, the department and its 1024
	1518	+	employees, and the state against all claims arising from state 1025
	1519	+
	1520	+	CS/HB 985 2022
	1521	+
	1522	+
	1523	+
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	1527	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1528	+
	1529	+
	1530	+
	1531	+	and federal laws. Such insurance coverage must be w ith insurers 1026
	1532	+	qualified and doing business in the state. The management 1027
	1533	+	corporation must provide proof of insurance to the department. 1028
	1534	+	The department and its employees and the state are exempt from 1029
	1535	+	and are not liable for any sum of money which represents a 1030
	1536	+	deductible, which sums shall be the sole responsibility of the 1031
	1537	+	management corporation. Violation of this subparagraph shall be 1032
	1538	+	grounds for terminating the contract. 1033
	1539	+	6. Payment by the management corporation, out of its 1034
	1540	+	allocated budget, to the department of all costs of 1035
	1541	+	representation by the board counsel, including salary and 1036
	1542	+	benefits, travel, and any other compensation traditionally paid 1037
	1543	+	by the department to other board counsel. 1038
	1544	+	7. Payment by the management corporation, out of its 1039
	1545	+	allocated budget, to the department of all costs incurred by the 1040
	1546	+	management corporation or the board for the Division of 1041
	1547	+	Administrative Hearings of the Department of Management Services 1042
	1548	+	and any other cost for utilization of these state services. 1043
	1549	+	8. Payment by the management corporation, out of its 1044
	1550	+	allocated budget, to the department of reasonable costs 1045
	1551	+	associated with the contract monitor. 1046
	1552	+	(k) Provide for an annual financial audit of its financial 1047
	1553	+	accounts and records by an independent certified public 1048
	1554	+	accountant. The annual audit report shall include a management 1049
	1555	+	letter in accordance with s. 11.45 and a detailed supplemental 1050
	1556	+
	1557	+	CS/HB 985 2022
	1558	+
	1559	+
	1560	+
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	1564	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1565	+
	1566	+
	1567	+
	1568	+	schedule of expenditures for each expenditure category. The 1051
	1569	+	annual audit report must be submitted to the board, the 1052
	1570	+	department, and the Auditor General for review. 1053
	1571	+	(l) Provide for persons not employed by the corporation 1054
	1572	+	who are charged with the responsibility of recei ving and 1055
	1573	+	depositing fee and fine revenues to have a faithful performance 1056
	1574	+	bond in such an amount and according to such terms as shall be 1057
	1575	+	determined in the contract. 1058
	1576	+	(m) Submit to the secretary, the board, and the 1059
	1577	+	Legislature, on or before October 1 of eac h year, a report on 1060
	1578	+	the status of the corporation which includes, but is not limited 1061
	1579	+	to, information concerning the programs and funds that have been 1062
	1580	+	transferred to the corporation. The report must include: the 1063
	1581	+	number of license applications received; the number approved and 1064
	1582	+	denied and the number of licenses issued; the number of 1065
	1583	+	examinations administered and the number of applicants who 1066
	1584	+	passed or failed the examination; the number of complaints 1067
	1585	+	received; the number determined to be legally sufficient; the 1068
	1586	+	number dismissed; the number determined to have probable cause; 1069
	1587	+	the number of administrative complaints issued and the status of 1070
	1588	+	the complaints; and the number and nature of disciplinary 1071
	1589	+	actions taken by the board. 1072
	1590	+	(n) Develop and submit to the departmen t, performance 1073
	1591	+	standards and measurable outcomes for the board to adopt by rule 1074
	1592	+	in order to facilitate efficient and cost -effective regulation. 1075
	1593	+
	1594	+	CS/HB 985 2022
	1595	+
	1596	+
	1597	+
	1598	+	CODING: Words stricken are deletions; words underlined are additions.
	1599	+	hb0985-01-c1
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	1601	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1602	+
	1603	+
	1604	+
	1605	+	Section 29. For the purpose of incorporating the amendment 1076
	1606	+	made by this act to section 768.28, Florida Statu tes, in a 1077
	1607	+	reference thereto, paragraph (b) of subsection (11) of section 1078
	1608	+	472.006, Florida Statutes, is reenacted to read: 1079
	1609	+	472.006 Department; powers and duties. —The department 1080
	1610	+	shall: 1081
	1611	+	(11) Provide legal counsel for the board by contracting 1082
	1612	+	with the Department of Legal Affairs, by retaining private 1083
	1613	+	counsel pursuant to s. 287.059, or by providing department staff 1084
	1614	+	counsel. The board shall periodically review and evaluate the 1085
	1615	+	services provided by its board counsel. Fees and costs of such 1086
	1616	+	counsel shall be pai d from the General Inspection Trust Fund, 1087
	1617	+	subject to ss. 215.37 and 472.011. All contracts for independent 1088
	1618	+	legal counsel must provide for periodic review and evaluation by 1089
	1619	+	the board and the department of services provided. 1090
	1620	+	(b) Any person retained by the department under contract 1091
	1621	+	to review materials, make site visits, or provide expert 1092
	1622	+	testimony regarding any complaint or application filed with the 1093
	1623	+	department relating to the practice of surveying and mapping 1094
	1624	+	shall be considered an agent of the department i n determining 1095
	1625	+	the state insurance coverage and sovereign immunity protection 1096
	1626	+	applicability of ss. 284.31 and 768.28. 1097
	1627	+	Section 30. For the purpose of incorporating the amendment 1098
	1628	+	made by this act to section 768.28, Florida Statutes, in a 1099
	1629	+	reference thereto, subsection (7) of section 497.167, Florida 1100
	1630	+
	1631	+	CS/HB 985 2022
	1632	+
	1633	+
	1634	+
	1635	+	CODING: Words stricken are deletions; words underlined are additions.
	1636	+	hb0985-01-c1
	1637	+	Page 45 of 61
	1638	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1639	+
	1640	+
	1641	+
	1642	+	Statutes, is reenacted to read: 1101
	1643	+	497.167 Administrative matters. — 1102
	1644	+	(7) Any person retained by the department under contract 1103
	1645	+	to review materials, make site visits, or provide expert 1104
	1646	+	testimony regarding any comp laint or application filed with the 1105
	1647	+	department, relating to regulation under this chapter, shall be 1106
	1648	+	considered an agent of the department in determining the state 1107
	1649	+	insurance coverage and sovereign immunity protection 1108
	1650	+	applicability of ss. 284.31 and 768.28. 1109
	1651	+	Section 31. For the purpose of incorporating the amendment 1110
	1652	+	made by this act to section 768.28, Florida Statutes, in a 1111
	1653	+	reference thereto, subsection (2) of section 513.118, Florida 1112
	1654	+	Statutes, is reenacted to read: 1113
	1655	+	513.118 Conduct on premises; refusal o f service.— 1114
	1656	+	(2) The operator of a recreational vehicle park may 1115
	1657	+	request that a transient guest or visitor who violates 1116
	1658	+	subsection (1) leave the premises immediately. A person who 1117
	1659	+	refuses to leave the premises commits the offense of trespass as 1118
	1660	+	provided in s. 810.08, and the operator may call a law 1119
	1661	+	enforcement officer to have the person and his or her property 1120
	1662	+	removed under the supervision of the officer. A law enforcement 1121
	1663	+	officer is not liable for any claim involving the removal of the 1122
	1664	+	person or property from the recreational vehicle park under this 1123
	1665	+	section, except as provided in s. 768.28. If conditions do not 1124
	1666	+	allow for immediate removal of the person's property, he or she 1125
	1667	+
	1668	+	CS/HB 985 2022
	1669	+
	1670	+
	1671	+
	1672	+	CODING: Words stricken are deletions; words underlined are additions.
	1673	+	hb0985-01-c1
	1674	+	Page 46 of 61
	1675	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1676	+
	1677	+
	1678	+
	1679	+	may arrange a reasonable time, not to exceed 48 hours, with the 1126
	1680	+	operator to come remove the property, accompanied by a law 1127
	1681	+	enforcement officer. 1128
	1682	+	Section 32. For the purpose of incorporating the amendment 1129
	1683	+	made by this act to section 768.28, Florida Statutes, in a 1130
	1684	+	reference thereto, subsection (1) of section 548.046, Florida 1131
	1685	+	Statutes, is reenacted to read: 1132
	1686	+	548.046 Physician's attendance at match; examinations; 1133
	1687	+	cancellation of match. — 1134
	1688	+	(1) The commission, or the commission representative, 1135
	1689	+	shall assign to each match at least one physician who shall 1136
	1690	+	observe the physical condition of the participants and advise 1137
	1691	+	the commissioner or commission representative in charge and the 1138
	1692	+	referee of the participants' conditions before, during, and 1139
	1693	+	after the match. The commission shall establish a schedule of 1140
	1694	+	fees for the physician's services. The physici an's fee shall be 1141
	1695	+	paid by the promoter of the match attended by the physician. The 1142
	1696	+	physician shall be considered an agent of the commission in 1143
	1697	+	determining the state insurance coverage and sovereign immunity 1144
	1698	+	protection applicability of ss. 284.31 and 768.28 . 1145
	1699	+	Section 33. For the purpose of incorporating the amendment 1146
	1700	+	made by this act to section 768.28, Florida Statutes, in a 1147
	1701	+	reference thereto, subsection (8) of section 556.106, Florida 1148
	1702	+	Statutes, is reenacted to read: 1149
	1703	+	556.106 Liability of the member oper ator, excavator, and 1150
	1704	+
	1705	+	CS/HB 985 2022
	1706	+
	1707	+
	1708	+
	1709	+	CODING: Words stricken are deletions; words underlined are additions.
	1710	+	hb0985-01-c1
	1711	+	Page 47 of 61
	1712	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1713	+
	1714	+
	1715	+
	1716	+	system.— 1151
	1717	+	(8) Any liability of the state, its agencies, or its 1152
	1718	+	subdivisions which arises out of this chapter is subject to the 1153
	1719	+	provisions of s. 768.28. 1154
	1720	+	Section 34. For the purpose of incorporating the amendment 1155
	1721	+	made by this act to section 768.28, Florida Statutes, in a 1156
	1722	+	reference thereto, paragraph (e) of subsection (4) of section 1157
	1723	+	589.19, Florida Statutes, is reenacted to read: 1158
	1724	+	589.19 Creation of certain state forests; naming of 1159
	1725	+	certain state forests; Operation Outdoor Freedom Pro gram.— 1160
	1726	+	(4) 1161
	1727	+	(e)1. A private landowner who provides land for 1162
	1728	+	designation and use as an Operation Outdoor Freedom Program 1163
	1729	+	hunting site shall have limited liability pursuant to s. 1164
	1730	+	375.251. 1165
	1731	+	2. A private landowner who consents to the designation and 1166
	1732	+	use of land as part of the Operation Outdoor Freedom Program 1167
	1733	+	without compensation shall be considered a volunteer, as defined 1168
	1734	+	in s. 110.501, and shall be covered by state liability 1169
	1735	+	protection pursuant to s. 768.28, including s. 768.28(9). 1170
	1736	+	3. This subsection doe s not: 1171
	1737	+	a. Relieve any person of liability that would otherwise 1172
	1738	+	exist for deliberate, willful, or malicious injury to persons or 1173
	1739	+	property. 1174
	1740	+	b. Create or increase the liability of any person. 1175
	1741	+
	1742	+	CS/HB 985 2022
	1743	+
	1744	+
	1745	+
	1746	+	CODING: Words stricken are deletions; words underlined are additions.
	1747	+	hb0985-01-c1
	1748	+	Page 48 of 61
	1749	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1750	+
	1751	+
	1752	+
	1753	+	Section 35. For the purpose of incorporating the amendment 1176
	1754	+	made by this act to section 768.28, Florida Statutes, in a 1177
	1755	+	reference thereto, paragraph (c) of subsection (2) of section 1178
	1756	+	723.0611, Florida Statutes, is reenacted to read: 1179
	1757	+	723.0611 Florida Mobile Home Relocation Corporation. — 1180
	1758	+	(2) 1181
	1759	+	(c) The corporation shall, for purposes of s. 768.28, be 1182
	1760	+	considered an agency of the state. Agents or employees of the 1183
	1761	+	corporation, members of the board of directors of the 1184
	1762	+	corporation, or representatives of the Division of Florida 1185
	1763	+	Condominiums, Timeshares, and Mobile Homes s hall be considered 1186
	1764	+	officers, employees, or agents of the state, and actions against 1187
	1765	+	them and the corporation shall be governed by s. 768.28. 1188
	1766	+	Section 36. For the purpose of incorporating the amendment 1189
	1767	+	made by this act to section 768.28, Florida Statutes , in a 1190
	1768	+	reference thereto, subsection (5) of section 760.11, Florida 1191
	1769	+	Statutes, is reenacted to read: 1192
	1770	+	760.11 Administrative and civil remedies; construction. — 1193
	1771	+	(5) In any civil action brought under this section, the 1194
	1772	+	court may issue an order prohibiting th e discriminatory practice 1195
	1773	+	and providing affirmative relief from the effects of the 1196
	1774	+	practice, including back pay. The court may also award 1197
	1775	+	compensatory damages, including, but not limited to, damages for 1198
	1776	+	mental anguish, loss of dignity, and any other intang ible 1199
	1777	+	injuries, and punitive damages. The provisions of ss. 768.72 and 1200
	1778	+
	1779	+	CS/HB 985 2022
	1780	+
	1781	+
	1782	+
	1783	+	CODING: Words stricken are deletions; words underlined are additions.
	1784	+	hb0985-01-c1
	1785	+	Page 49 of 61
	1786	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1787	+
	1788	+
	1789	+
	1790	+	768.73 do not apply to this section. The judgment for the total 1201
	1791	+	amount of punitive damages awarded under this section to an 1202
	1792	+	aggrieved person shall not exceed $100,000. In any action or 1203
	1793	+	proceeding under this subsection, the court, in its discretion, 1204
	1794	+	may allow the prevailing party a reasonable attorney's fee as 1205
	1795	+	part of the costs. It is the intent of the Legislature that this 1206
	1796	+	provision for attorney's fees be interpreted in a manner 1207
	1797	+	consistent with federal case law involving a Title VII action. 1208
	1798	+	The right to trial by jury is preserved in any such private 1209
	1799	+	right of action in which the aggrieved person is seeking 1210
	1800	+	compensatory or punitive damages, and any party may demand a 1211
	1801	+	trial by jury. The commi ssion's determination of reasonable 1212
	1802	+	cause is not admissible into evidence in any civil proceeding, 1213
	1803	+	including any hearing or trial, except to establish for the 1214
	1804	+	court the right to maintain the private right of action. A civil 1215
	1805	+	action brought under this sectio n shall be commenced no later 1216
	1806	+	than 1 year after the date of determination of reasonable cause 1217
	1807	+	by the commission. The commencement of such action shall divest 1218
	1808	+	the commission of jurisdiction of the complaint, except that the 1219
	1809	+	commission may intervene in the c ivil action as a matter of 1220
	1810	+	right. Notwithstanding the above, the state and its agencies and 1221
	1811	+	subdivisions shall not be liable for punitive damages. The total 1222
	1812	+	amount of recovery against the state and its agencies and 1223
	1813	+	subdivisions shall not exceed the limitat ion as set forth in s. 1224
	1814	+	768.28(5). 1225
	1815	+
	1816	+	CS/HB 985 2022
	1817	+
	1818	+
	1819	+
	1820	+	CODING: Words stricken are deletions; words underlined are additions.
	1821	+	hb0985-01-c1
	1822	+	Page 50 of 61
	1823	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1824	+
	1825	+
	1826	+
	1827	+	Section 37. For the purpose of incorporating the amendment 1226
	1828	+	made by this act to section 768.28, Florida Statutes, in a 1227
	1829	+	reference thereto, subsection (5) of section 766.1115, Florida 1228
	1830	+	Statutes, is reenacted to read: 1229
	1831	+	766.1115 Health care providers; creation of agency 1230
	1832	+	relationship with governmental contractors. — 1231
	1833	+	(5) NOTICE OF AGENCY RELATIONSHIP. —The governmental 1232
	1834	+	contractor must provide written notice to each patient, or the 1233
	1835	+	patient's legal representative, receipt of whi ch must be 1234
	1836	+	acknowledged in writing, that the provider is an agent of the 1235
	1837	+	governmental contractor and that the exclusive remedy for injury 1236
	1838	+	or damage suffered as the result of any act or omission of the 1237
	1839	+	provider or of any employee or agent thereof acting wit hin the 1238
	1840	+	scope of duties pursuant to the contract is by commencement of 1239
	1841	+	an action pursuant to the provisions of s. 768.28. With respect 1240
	1842	+	to any federally funded community health center, the notice 1241
	1843	+	requirements may be met by posting in a place conspicuous to all 1242
	1844	+	persons a notice that the federally funded community health 1243
	1845	+	center is an agent of the governmental contractor and that the 1244
	1846	+	exclusive remedy for injury or damage suffered as the result of 1245
	1847	+	any act or omission of the provider or of any employee or agent 1246
	1848	+	thereof acting within the scope of duties pursuant to the 1247
	1849	+	contract is by commencement of an action pursuant to the 1248
	1850	+	provisions of s. 768.28. 1249
	1851	+	Section 38. For the purpose of incorporating the amendment 1250
	1852	+
	1853	+	CS/HB 985 2022
	1854	+
	1855	+
	1856	+
	1857	+	CODING: Words stricken are deletions; words underlined are additions.
	1858	+	hb0985-01-c1
	1859	+	Page 51 of 61
	1860	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1861	+
	1862	+
	1863	+
	1864	+	made by this act to section 768.28, Florida Statutes, in a 1251
	1865	+	reference thereto, subsection (2) of section 766.112, Florida 1252
	1866	+	Statutes, is reenacted to read: 1253
	1867	+	766.112 Comparative fault. — 1254
	1868	+	(2) In an action for damages for personal injury or 1255
	1869	+	wrongful death arising out of medical negligence, whether in 1256
	1870	+	contract or tort, when an apportionment of damages pursuant to 1257
	1871	+	s. 768.81 is attributed to a board of trustees of a state 1258
	1872	+	university, the court shall enter judgment against the board of 1259
	1873	+	trustees on the basis of the board's percentage of fault and not 1260
	1874	+	on the basis of the doctrine of joint and several liability. The 1261
	1875	+	sole remedy available to a claimant to collect a judgment or 1262
	1876	+	settlement against a board of trustees, subject to the 1263
	1877	+	provisions of this subsection, shall be pursuant to s. 768.28. 1264
	1878	+	Section 39. For the purpos e of incorporating the amendment 1265
	1879	+	made by this act to section 768.28, Florida Statutes, in a 1266
	1880	+	reference thereto, subsection (3) of section 768.1355, Florida 1267
	1881	+	Statutes, is reenacted to read: 1268
	1882	+	768.1355 Florida Volunteer Protection Act. — 1269
	1883	+	(3) Members of electe d or appointed boards, councils, and 1270
	1884	+	commissions of the state, counties, municipalities, authorities, 1271
	1885	+	and special districts shall incur no civil liability and shall 1272
	1886	+	have immunity from suit as provided in s. 768.28 for acts or 1273
	1887	+	omissions by members relating to members' conduct of their 1274
	1888	+	official duties. It is the intent of the Legislature to 1275
	1889	+
	1890	+	CS/HB 985 2022
	1891	+
	1892	+
	1893	+
	1894	+	CODING: Words stricken are deletions; words underlined are additions.
	1895	+	hb0985-01-c1
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	1897	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1898	+
	1899	+
	1900	+
	1901	+	encourage our best and brightest people to serve on elected and 1276
	1902	+	appointed boards, councils, and commissions. 1277
	1903	+	Section 40. For the purpose of incorporating the amendment 1278
	1904	+	made by this act to section 768.28, Florida Statutes, in a 1279
	1905	+	reference thereto, subsection (4) of section 768.295, Florida 1280
	1906	+	Statutes, is reenacted to read: 1281
	1907	+	768.295 Strategic Lawsuits Against Public Participation 1282
	1908	+	(SLAPP) prohibited.— 1283
	1909	+	(4) A person or entit y sued by a governmental entity or 1284
	1910	+	another person in violation of this section has a right to an 1285
	1911	+	expeditious resolution of a claim that the suit is in violation 1286
	1912	+	of this section. A person or entity may move the court for an 1287
	1913	+	order dismissing the action or gr anting final judgment in favor 1288
	1914	+	of that person or entity. The person or entity may file a motion 1289
	1915	+	for summary judgment, together with supplemental affidavits, 1290
	1916	+	seeking a determination that the claimant's or governmental 1291
	1917	+	entity's lawsuit has been brought in vi olation of this section. 1292
	1918	+	The claimant or governmental entity shall thereafter file a 1293
	1919	+	response and any supplemental affidavits. As soon as 1294
	1920	+	practicable, the court shall set a hearing on the motion, which 1295
	1921	+	shall be held at the earliest possible time after the filing of 1296
	1922	+	the claimant's or governmental entity's response. The court may 1297
	1923	+	award, subject to the limitations in s. 768.28, the party sued 1298
	1924	+	by a governmental entity actual damages arising from a 1299
	1925	+	governmental entity's violation of this section. The court shall 1300
	1926	+
	1927	+	CS/HB 985 2022
	1928	+
	1929	+
	1930	+
	1931	+	CODING: Words stricken are deletions; words underlined are additions.
	1932	+	hb0985-01-c1
	1933	+	Page 53 of 61
	1934	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1935	+
	1936	+
	1937	+
	1938	+	award the prevailing party reasonable attorney fees and costs 1301
	1939	+	incurred in connection with a claim that an action was filed in 1302
	1940	+	violation of this section. 1303
	1941	+	Section 41. For the purpose of incorporating the amendment 1304
	1942	+	made by this act to section 768.28, Flo rida Statutes, in a 1305
	1943	+	reference thereto, subsection (2) of section 944.713, Florida 1306
	1944	+	Statutes, is reenacted to read: 1307
	1945	+	944.713 Insurance against liability. — 1308
	1946	+	(2) The contract shall provide for indemnification of the 1309
	1947	+	state by the private vendor for any liabil ities incurred up to 1310
	1948	+	the limits provided under s. 768.28(5). The contract shall 1311
	1949	+	provide that the private vendor, or the insurer of the private 1312
	1950	+	vendor, is liable to pay any claim or judgment for any one 1313
	1951	+	person which does not exceed the sum of $100,000 or an y claim or 1314
	1952	+	judgment, or portions thereof, which, when totaled with all 1315
	1953	+	other claims or judgments arising out of the same incident or 1316
	1954	+	occurrence, does not exceed the sum of $200,000. In addition, 1317
	1955	+	the contractor must agree to defend, hold harmless, and 1318
	1956	+	indemnify the department against any and all actions, claims, 1319
	1957	+	damages and losses, including costs and attorney's fees. 1320
	1958	+	Section 42. For the purpose of incorporating the amendment 1321
	1959	+	made by this act to section 768.28, Florida Statutes, in a 1322
	1960	+	reference thereto, s ection 946.5026, Florida Statutes, is 1323
	1961	+	reenacted to read: 1324
	1962	+	946.5026 Sovereign immunity in tort actions. —The 1325
	1963	+
	1964	+	CS/HB 985 2022
	1965	+
	1966	+
	1967	+
	1968	+	CODING: Words stricken are deletions; words underlined are additions.
	1969	+	hb0985-01-c1
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	1971	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	1972	+
	1973	+
	1974	+
	1975	+	provisions of s. 768.28 shall be applicable to the corporation 1326
	1976	+	established under this part, which is deemed to be a corporation 1327
	1977	+	primarily acting as an instrumentality of the state. 1328
	1978	+	Section 43. For the purpose of incorporating the amendment 1329
	1979	+	made by this act to section 768.28, Florida Statutes, in a 1330
	1980	+	reference thereto, subsection (3) of section 946.514, Florida 1331
	1981	+	Statutes, is reenacted to read: 1332
	1982	+	946.514 Civil rights of inmates; inmates not state 1333
	1983	+	employees; liability of corporation for inmate injuries. — 1334
	1984	+	(3) The corporation is liable for inmate injury to the 1335
	1985	+	extent specified in s. 768.28; however, the members of the board 1336
	1986	+	of directors are not individua lly liable to any inmate for any 1337
	1987	+	injury sustained in any correctional work program operated by 1338
	1988	+	the corporation. 1339
	1989	+	Section 44. For the purpose of incorporating the amendment 1340
	1990	+	made by this act to section 768.28, Florida Statutes, in a 1341
	1991	+	reference thereto, sub sections (5), (6), and (7) of section 1342
	1992	+	961.06, Florida Statutes, are reenacted to read: 1343
	1993	+	961.06 Compensation for wrongful incarceration. — 1344
	1994	+	(5) Before the department approves the application for 1345
	1995	+	compensation, the wrongfully incarcerated person must sign a 1346
	1996	+	release and waiver on behalf of the wrongfully incarcerated 1347
	1997	+	person and his or her heirs, successors, and assigns, forever 1348
	1998	+	releasing the state or any agency, instrumentality, or any 1349
	1999	+	political subdivision thereof, or any other entity subject to s. 1350
	2000	+
	2001	+	CS/HB 985 2022
	2002	+
	2003	+
	2004	+
	2005	+	CODING: Words stricken are deletions; words underlined are additions.
	2006	+	hb0985-01-c1
	2007	+	Page 55 of 61
	2008	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	2009	+
	2010	+
	2011	+
	2012	+	768.28, from all present or future claims that the wrongfully 1351
	2013	+	incarcerated person or his or her heirs, successors, or assigns 1352
	2014	+	may have against such entities arising out of the facts in 1353
	2015	+	connection with the wrongful conviction for which compensation 1354
	2016	+	is being sought under the act. 1355
	2017	+	(6)(a) A wrongfully incarcerated person may not submit an 1356
	2018	+	application for compensation under this act if the person has a 1357
	2019	+	lawsuit pending against the state or any agency, 1358
	2020	+	instrumentality, or any political subdivision thereof, or any 1359
	2021	+	other entity subject to the provisions of s. 768.28, in state or 1360
	2022	+	federal court requesting compensation arising out of the facts 1361
	2023	+	in connection with the claimant's conviction and incarceration. 1362
	2024	+	(b) A wrongfully incarcerated person may not submit an 1363
	2025	+	application for compensation under this act if the person is the 1364
	2026	+	subject of a claim bill pending for claims arising out of the 1365
	2027	+	facts in connection with the claimant's conviction and 1366
	2028	+	incarceration. 1367
	2029	+	(c) Once an application is filed under this act, a 1368
	2030	+	wrongfully incarcerated person may not pursue recovery under a 1369
	2031	+	claim bill until the final disposition of the application. 1370
	2032	+	(d) Any amount awarded under this act is intended to 1371
	2033	+	provide the sole compensation for any and all present and future 1372
	2034	+	claims arising out of the facts i n connection with the 1373
	2035	+	claimant's conviction and incarceration. Upon notification by 1374
	2036	+	the department that an application meets the requirements of 1375
	2037	+
	2038	+	CS/HB 985 2022
	2039	+
	2040	+
	2041	+
	2042	+	CODING: Words stricken are deletions; words underlined are additions.
	2043	+	hb0985-01-c1
	2044	+	Page 56 of 61
	2045	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	2046	+
	2047	+
	2048	+
	2049	+	this act, a wrongfully incarcerated person may not recover under 1376
	2050	+	a claim bill. 1377
	2051	+	(e) Any compensation awarded u nder a claim bill shall be 1378
	2052	+	the sole redress for claims arising out of the facts in 1379
	2053	+	connection with the claimant's conviction and incarceration and, 1380
	2054	+	upon any award of compensation to a wrongfully incarcerated 1381
	2055	+	person under a claim bill, the person may not re ceive 1382
	2056	+	compensation under this act. 1383
	2057	+	(7) Any payment made under this act does not constitute a 1384
	2058	+	waiver of any defense of sovereign immunity or an increase in 1385
	2059	+	the limits of liability on behalf of the state or any person 1386
	2060	+	subject to the provisions of s. 768.28 or other law. 1387
	2061	+	Section 45. For the purpose of incorporating the amendment 1388
	2062	+	made by this act to section 768.28, Florida Statutes, in a 1389
	2063	+	reference thereto, paragraph (h) of subsection (12) of section 1390
	2064	+	1002.33, Florida Statutes, is reenacted to read: 1391
	2065	+	1002.33 Charter schools.— 1392
	2066	+	(12) EMPLOYEES OF CHARTER SCHOOLS. — 1393
	2067	+	(h) For the purposes of tort liability, the charter 1394
	2068	+	school, including its governing body and employees, shall be 1395
	2069	+	governed by s. 768.28. This paragraph does not include any for -1396
	2070	+	profit entity contracted by the charter school or its governing 1397
	2071	+	body. 1398
	2072	+	Section 46. For the purpose of incorporating the amendment 1399
	2073	+	made by this act to section 768.28, Florida Statutes, in a 1400
	2074	+
	2075	+	CS/HB 985 2022
	2076	+
	2077	+
	2078	+
	2079	+	CODING: Words stricken are deletions; words underlined are additions.
	2080	+	hb0985-01-c1
	2081	+	Page 57 of 61
	2082	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	2083	+
	2084	+
	2085	+
	2086	+	reference thereto, paragraph (b) of subsection (6) of section 1401
	2087	+	1002.333, Florida Sta tutes, is reenacted to read: 1402
	2088	+	1002.333 Persistently low -performing schools.— 1403
	2089	+	(6) STATUTORY AUTHORITY. — 1404
	2090	+	(b) For the purposes of tort liability, the hope operator, 1405
	2091	+	the school of hope, and its employees or agents shall be 1406
	2092	+	governed by s. 768.28. The spons or shall not be liable for civil 1407
	2093	+	damages under state law for the employment actions or personal 1408
	2094	+	injury, property damage, or death resulting from an act or 1409
	2095	+	omission of a hope operator, the school of hope, or its 1410
	2096	+	employees or agents. This paragraph does not include any for-1411
	2097	+	profit entity contracted by the charter school or its governing 1412
	2098	+	body. 1413
	2099	+	Section 47. For the purpose of incorporating the amendment 1414
	2100	+	made by this act to section 768.28, Florida Statutes, in a 1415
	2101	+	reference thereto, subsection (17) of section 10 02.34, Florida 1416
	2102	+	Statutes, is reenacted to read: 1417
	2103	+	1002.34 Charter technical career centers. — 1418
	2104	+	(17) IMMUNITY.—For the purposes of tort liability, the 1419
	2105	+	governing body and employees of a center are governed by s. 1420
	2106	+	768.28. 1421
	2107	+	Section 48. For the purpose of inco rporating the amendment 1422
	2108	+	made by this act to section 768.28, Florida Statutes, in a 1423
	2109	+	reference thereto, paragraph (l) of subsection (3) of section 1424
	2110	+	1002.55, Florida Statutes, is reenacted to read: 1425
	2111	+
	2112	+	CS/HB 985 2022
	2113	+
	2114	+
	2115	+
	2116	+	CODING: Words stricken are deletions; words underlined are additions.
	2117	+	hb0985-01-c1
	2118	+	Page 58 of 61
	2119	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	2120	+
	2121	+
	2122	+
	2123	+	1002.55 School-year prekindergarten program delivered by 1426
	2124	+	private prekindergarten providers. — 1427
	2125	+	(3) To be eligible to deliver the prekindergarten program, 1428
	2126	+	a private prekindergarten provider must meet each of the 1429
	2127	+	following requirements: 1430
	2128	+	(l) Notwithstanding paragraph (j), for a private 1431
	2129	+	prekindergarten provider that is a state agency or a subdivision 1432
	2130	+	thereof, as defined in s. 768.28(2), the provider must agree to 1433
	2131	+	notify the coalition of any additional liability coverage 1434
	2132	+	maintained by the provider in addition to that otherwise 1435
	2133	+	established under s. 768.28. The provider shall indemnify the 1436
	2134	+	coalition to the extent permitted by s. 768.28. Notwithstanding 1437
	2135	+	paragraph (j), for a child development program that is 1438
	2136	+	accredited by a national accrediting body and operates on a 1439
	2137	+	military installation that is certified by the United Sta tes 1440
	2138	+	Department of Defense, the provider may demonstrate liability 1441
	2139	+	coverage by affirming that it is subject to the Federal Tort 1442
	2140	+	Claims Act, 28 U.S.C. ss. 2671 et seq. 1443
	2141	+	Section 49. For the purpose of incorporating the amendment 1444
	2142	+	made by this act to section 768.28, Florida Statutes, in a 1445
	2143	+	reference thereto, subsection (10) of section 1002.83, Florida 1446
	2144	+	Statutes, is reenacted to read: 1447
	2145	+	1002.83 Early learning coalitions. — 1448
	2146	+	(10) For purposes of tort liability, each member or 1449
	2147	+	employee of an early learning coaliti on shall be governed by s. 1450
	2148	+
	2149	+	CS/HB 985 2022
	2150	+
	2151	+
	2152	+
	2153	+	CODING: Words stricken are deletions; words underlined are additions.
	2154	+	hb0985-01-c1
	2155	+	Page 59 of 61
	2156	+	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
	2157	+
	2158	+
	2159	+
	2160	+	768.28. 1451
	2161	+	Section 50. For the purpose of incorporating the amendment 1452
	2162	+	made by this act to section 768.28, Florida Statutes, in a 1453
	2163	+	reference thereto, paragraph (p) of subsection (1) of section 1454
	2164	+	1002.88, Florida Statutes, is reenact ed to read: 1455
	2165	+	1002.88 School readiness program provider standards; 1456
	2166	+	eligibility to deliver the school readiness program. — 1457
	2167	+	(1) To be eligible to deliver the school readiness 1458
	2168	+	program, a school readiness program provider must: 1459
	2169	+	(p) Notwithstanding paragraph (m), for a provider that is 1460
	2170	+	a state agency or a subdivision thereof, as defined in s. 1461
	2171	+	768.28(2), agree to notify the coalition of any additional 1462
	2172	+	liability coverage maintained by the provider in addition to 1463
	2173	+	that otherwise established under s. 768.28. The p rovider shall 1464
	2174	+	indemnify the coalition to the extent permitted by s. 768.28. 1465
	2175	+	Notwithstanding paragraph (m), for a child development program 1466
	2176	+	that is accredited by a national accrediting body and operates 1467
	2177	+	on a military installation that is certified by the Un ited 1468
	2178	+	States Department of Defense, the provider may demonstrate 1469
	2179	+	liability coverage by affirming that it is subject to the 1470
	2180	+	Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1471
	2181	+	Section 51. For the purpose of incorporating the amendment 1472
	2182	+	made by this act to section 768.28, Florida Statutes, in a 1473
	2183	+	reference thereto, subsection (1) of section 1006.24, Florida 1474
	2184	+	Statutes, is reenacted to read: 1475
	2185	+
	2186	+	CS/HB 985 2022
	2187	+
	2188	+
	2189	+
	2190	+	CODING: Words stricken are deletions; words underlined are additions.
	2191	+	hb0985-01-c1
	2192	+	Page 60 of 61
	2193	+	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
	2194	+
	2195	+
	2196	+
	2197	+	1006.24 Tort liability; liability insurance. — 1476
	2198	+	(1) Each district school board shall be liable for tort 1477
	2199	+	claims arising out of any incident or occurrence involving a 1478
	2200	+	school bus or other motor vehicle owned, maintained, operated, 1479
	2201	+	or used by the district school board to transport persons, to 1480
	2202	+	the same extent and in the same manner as the state or any of 1481
	2203	+	its agencies or subdivi sions is liable for tort claims under s. 1482
	2204	+	768.28, except that the total liability to persons being 1483
	2205	+	transported for all claims or judgments of such persons arising 1484
	2206	+	out of the same incident or occurrence shall not exceed an 1485
	2207	+	amount equal to $5,000 multiplied b y the rated seating capacity 1486
	2208	+	of the school bus or other vehicle, as determined by rules of 1487
	2209	+	the State Board of Education, or $100,000, whichever is greater. 1488
	2210	+	The provisions of s. 768.28 apply to all claims or actions 1489
	2211	+	brought against district school boards, a s authorized in this 1490
	2212	+	subsection. 1491
	2213	+	Section 52. For the purpose of incorporating the amendment 1492
	2214	+	made by this act to section 768.28, Florida Statutes, in a 1493
	2215	+	reference thereto, paragraph (b) of subsection (2) of section 1494
	2216	+	1006.261, Florida Statutes, is reenacte d to read: 1495
	2217	+	1006.261 Use of school buses for public purposes. — 1496
	2218	+	(2) 1497
	2219	+	(b) For purposes of liability for negligence, state 1498
	2220	+	agencies or subdivisions as defined in s. 768.28(2) shall be 1499
	2221	+	covered by s. 768.28. Every other corporation or organization 1500
	2222	+
	2223	+	CS/HB 985 2022
	2224	+
	2225	+
	2226	+
	2227	+	CODING: Words stricken are deletions; words underlined are additions.
	2228	+	hb0985-01-c1
	2229	+	Page 61 of 61
	2230	+	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
	2231	+
	2232	+
	2233	+
	2234	+	shall provide liability insurance coverage in the minimum 1501
	2235	+	amounts of $100,000 on any claim or judgment and $200,000 on all 1502
	2236	+	claims and judgments arising from the same incident or 1503
	2237	+	occurrence. 1504
	2238	+	Section 53. This act shall take effect July 1, 2022. 1505