CS/CS/HB 985 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sovereign immunity; amending s. 2
768.28, F.S.; revising the statutory limits on 3
liability for tort claims against the state and its 4
agencies and subdivisions; revising requirements for a 5
government entity to settle a claim or judgment; 6
revising the timeframe within which the appropriate 7
agency must make final disposition of a claim after it 8
is filed to prevent the claim from being deemed 9
denied; revising exceptions relating to instituting 10
actions on claims against the state or one of its 11
agencies and to the statute of limitations for such 12
claims; reenacting ss. 45.061, 110.504, 111.071, 13
163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 14
260.0125, 284.31, 284.38, 322.13, 337.19, 341.302, 15
373.1395, 375.251, 381.0056, 393.075, 395.1055, 16
403.706, 409.993, 455.221, 455.32, 456.009, 456.076, 17
471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 18
589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 19
768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 20
1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, 21
and 1006.261, F.S., to incorporate the amendments made 22
to s. 768.28, F.S., in references thereto; providing 23
applicability; providing an effective date . 24
25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Subsection (5), paragraphs (a) and (d) of 28
subsection (6), and subsection (14) of section 768.28, Florida 29
Statutes, are amended to read: 30
768.28 Waiver of sovereign immunity i n tort actions; 31
recovery limits; civil liability for damages caused during a 32
riot; limitation on attorney fees; statute of limitations; 33
exclusions; indemnification; risk management programs. — 34
(5)(a) The state and its agencies and subdivisions shall 35
be liable for tort claims in the same manner and to the same 36
extent as a private individual under like circumstances, but 37
liability shall not include punitive damages or interest for the 38
period before judgment. Neither the state nor its agencies or 39
subdivisions shall be liable to pay a claim or a judgment by any 40
one person which exceeds the sum of $400,000; $200,000 or any 41
claim or judgment, or portions thereof, which, when totaled with 42
all other claims or judgments paid by the state or its agencies 43
or subdivisions arising out of the same incident or occurrence, 44
exceeds the sum of $600,000 $300,000. However, a judgment or 45
judgments may be claimed and rendered in excess of these amounts 46
and may be settled and paid pursuant to this section act up to 47
$400,000 $200,000 or $600,000, as applicable. The $300,000, as 48
the case may be; and that portion of the judgment that exceeds 49
these amounts may be reported to the Legislature , and but may be 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paid in part or in whole only by further act of the Legislature. 51
(b) Notwithstanding the limited waiver of sovereign 52
immunity provided in paragraph (a), herein, the state or an 53
agency or a subdivision of the state thereof may agree, within 54
the limits of insurance coverage provided, to settle a claim 55
made or a judgment rendered again st it in excess of the waiver 56
provided in paragraph (a) without further action by the 57
Legislature., but The state or an agency or a subdivision 58
thereof may shall not be deemed to have waived any defense of 59
sovereign immunity or to have increased the limits of its 60
liability as a result of its obtaining insurance coverage for 61
tortious acts in excess of the $200,000 or $300,000 waiver 62
provided in paragraph (a) above. 63
(c) The limitations of liability set forth in this 64
subsection shall apply to the state and i ts agencies and 65
subdivisions whether or not the state or its agencies or 66
subdivisions possessed sovereign immunity before July 1, 1974. 67
(d)(b) A municipality has a duty to allow the municipal 68
law enforcement agency to respond appropriately to protect 69
persons and property during a riot or an unlawful assembly based 70
on the availability of adequate equipment to its municipal law 71
enforcement officers and relevant state and federal laws. If the 72
governing body of a municipality or a person authorized by the 73
governing body of the municipality breaches that duty, the 74
municipality is civilly liable for any damages, including 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
damages arising from personal injury, wrongful death, or 76
property damages proximately caused by the municipality's breach 77
of duty. The sovereign immunity recovery limits in paragraph (a) 78
do not apply to an action under this paragraph. 79
(6)(a) An action may not be instituted on a clai m against 80
the state or one of its agencies or subdivisions unless the 81
claimant presents the claim in writing to the appropriate 82
agency, and also, except as to any claim against a municipality, 83
county, or the Florida Space Authority, presents such claim in 84
writing to the Department of Financial Services, within 3 years 85
after such claim accrues and the Department of Financial 86
Services or the appropriate agency denies the claim in writing; 87
except that, if: 88
1. Such claim is for contribution pursuant to s. 768 .31, 89
it must be so presented within 6 months after the judgment 90
against the tortfeasor seeking contribution has become final by 91
lapse of time for appeal or after appellate review or, if there 92
is no such judgment, within 6 months after the tortfeasor 93
seeking contribution has either discharged the common liability 94
by payment or agreed, while the action is pending against her or 95
him, to discharge the common liability; or 96
2. Such action is for wrongful death, the claimant must 97
present the claim in writing to the Department of Financial 98
Services within 2 years after the claim accrues ; or 99
3. Such action arises from a violation of s. 794.011 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
involving a victim who was younger than the age of 16 at the 101
time of the act, the claimant may present the claim in writi ng 102
at any time pursuant to s. 95.11(9). T his subparagraph applies 103
to a claim accruing at any time but shall also be construed in 104
accordance with s. 95.11(9) to apply only to claims which would 105
not have been time barred on or before July 1, 2010 . 106
(d) For purposes of this section, complete, accurate, and 107
timely compliance with the requirements of paragraph (c) shall 108
occur prior to settlement payment, close of discovery or 109
commencement of trial, whichever is sooner; provided the ability 110
to plead setoff is not precluded by the delay. This setoff shall 111
apply only against that part of the settlement or judgment 112
payable to the claimant, minus claimant's reasonable attorney's 113
fees and costs. Incomplete or inaccurate disclosure of unpaid 114
adjudicated claims due the state, its agency, officer, or 115
subdivision, may be excused by the court upon a showing by the 116
preponderance of the evidence of the claimant's lack of 117
knowledge of an adjudicated claim and reasonable inquiry by, or 118
on behalf of, the claimant to obt ain the information from public 119
records. Unless the appropriate agency had actual notice of the 120
information required to be disclosed by paragraph (c) in time to 121
assert a setoff, an unexcused failure to disclose shall, upon 122
hearing and order of court, cause the claimant to be liable for 123
double the original undisclosed judgment and, upon further 124
motion, the court shall enter judgment for the agency in that 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amount. Except as provided otherwise in this subsection, the 126
failure of the Department of Financial Serv ices or the 127
appropriate agency to make final disposition of a claim within 3 128
6 months after it is filed shall be deemed a final denial of the 129
claim for purposes of this section. For purposes of this 130
subsection, in medical malpractice actions and in wrongfu l death 131
actions, the failure of the Department of Financial Services or 132
the appropriate agency to make final disposition of a claim 133
within 90 days after it is filed shall be deemed a final denial 134
of the claim. The statute of limitations for medical malprac tice 135
actions and wrongful death actions is tolled for the period of 136
time taken by the Department of Financial Services or the 137
appropriate agency to deny the claim. The provisions of this 138
subsection do not apply to such claims as may be asserted by 139
counterclaim pursuant to s. 768.14. 140
(14) Every claim against the state or one of its agencies 141
or subdivisions for damages for a negligent or wrongful act or 142
omission pursuant to this section shall be forever barred unless 143
the civil action is commenced by filing a complaint in the court 144
of appropriate jurisdiction within 4 years after such claim 145
accrues; except that : 146
(a) An action for contribution must be commenced within 147
the limitations provided in s. 768.31(4) ;, and 148
(b) An action for damages arising from med ical malpractice 149
or wrongful death must be commenced within the limitations for 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such actions in s. 95.11(4) ; and 151
(c) An action arising from any act constituting a 152
violation of s. 794.011 involving a victim who was younger than 153
the age of 16 at the time o f the act may be commenced at any 154
time pursuant to s. 95.11(9). This paragraph applies to a claim 155
accruing at any time as long as such claim would not have been 156
time barred on or before July 1, 2010, under s. 95.11(9) . 157
Section 2. Sections 45.061, 110.5 04, 111.071, 163.01, 158
190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 159
284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 160
393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 161
456.076, 471.038, 472.006, 497.167, 513.118, 548. 046, 556.106, 162
589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295, 163
944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 164
1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida 165
Statutes, are reenacted for the purpose of incorporating the 166
amendments made by this act to s. 768.28, Florida Statutes, in 167
references thereto. 168
Section 3. Except as otherwise expressly provided herein, 169
this act applies to claims accruing on or after October 1, 2023. 170
Section 4. This act shall take effect October 1, 2023. 171