Florida Senate - 2022 CS for CS for CS for SB 974 By the Committees on Rules; Community Affairs; and Judiciary; and Senator Gruters 595-03325-22 2022974c3 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; increasing the statutory limits on 4 liability for tort claims against the state and its 5 agencies and subdivisions; revising authorizations 6 relating to settlements of claims made or judgments 7 rendered in excess of the sovereign immunity limits; 8 revising exceptions relating to instituting actions on 9 claims against the state or one of its agencies and to 10 the statute of limitations for such claims; reenacting 11 ss. 45.061, 110.504, 111.071, 163.01, 190.043, 12 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 13 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 14 381.0056, 393.075, 395.1055, 403.706, 409.993, 15 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 16 497.167, 513.118, 548.046, 556.106, 589.19, 723.0611, 17 760.11, 766.1115, 766.112, 768.1355, 768.295, 944.713, 18 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 19 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 20 F.S., to incorporate the amendments made to s. 768.28, 21 F.S., in references thereto; providing applicability; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1.Subsection (5), paragraph (a) of subsection (6), 27 and subsection (14) of section 768.28, Florida Statutes, are 28 amended to read: 29 768.28Waiver of sovereign immunity in tort actions; 30 recovery limits; civil liability for damages caused during a 31 riot; limitation on attorney fees; statute of limitations; 32 exclusions; indemnification; risk management programs. 33 (5)(a)1.The state and its agencies and subdivisions are 34 shall be liable for tort claims in the same manner and to the 35 same extent as a private individual under like circumstances, 36 but liability does shall not include punitive damages or 37 interest for the period before judgment. Neither The total 38 liability of the state, nor its agencies, and its or 39 subdivisions shall be liable to pay a claim or a judgment is 40 limited to the amounts specified in this subparagraph: 41 a.For a county or municipality that has a population of 42 50,000 or less, including any constitutional officer of such 43 county, $200,000 per claim and $300,000 per occurrence. 44 b.For state universities, public colleges, subdivisions, 45 and other entities with sovereign immunity that are not a state 46 agency, county, county constitutional officer, or municipality, 47 $200,000 per claim and $300,000 per occurrence. 48 c.For a county or municipality that has a population of 49 more than 50,000 and up to 250,000, including any constitutional 50 officer of such county, $300,000 per claim and $400,000 per 51 occurrence. 52 d.For the state or a state agency or a county or a 53 municipality having a population of more than 250,000, including 54 any constitutional officer of such county, $400,000 per claim 55 and $600,000 per occurrence. 56 57 If more than one governmental entity is responsible for the 58 damages, the total liability for all of the entities to pay a 59 claim or judgment may not exceed the amount for the entity 60 having the highest liability limit. 61 2.A claim may be settled and paid within the amounts 62 authorized by this paragraph, and a judgment may be entered in 63 excess of the amounts in this paragraph. However, the by any one 64 person which exceeds the sum of $200,000 or any claim or 65 judgment, or portions thereof, which, when totaled with all 66 other claims or judgments paid by the state or its agencies or 67 subdivisions arising out of the same incident or occurrence, 68 exceeds the sum of $300,000. However, a judgment or judgments 69 may be claimed and rendered in excess of these amounts and may 70 be settled and paid pursuant to this act up to $200,000 or 71 $300,000, as the case may be; and that portion of the judgment 72 that exceeds these amounts may be reported to the Legislature, 73 and but may be paid in part or in whole only by further act of 74 the Legislature. 75 (b)Notwithstanding the limited waiver of sovereign 76 immunity provided in paragraph (a), a herein, the state or an 77 agency or subdivision of the state thereof may agree, within the 78 limits of insurance coverage provided, to settle a claim made or 79 a judgment rendered against it in excess of the waiver provided 80 in paragraph (a) without further action by the Legislature., but 81 The state or agency or subdivision thereof does shall not waive 82 be deemed to have waived any defense of sovereign immunity or 83 increase to have increased the limits of its liability as a 84 result of its obtaining insurance coverage for tortious acts in 85 excess of the amounts specified in paragraph (a) $200,000 or 86 $300,000 waiver provided above. 87 (c)The limitations of liability set forth in this 88 subsection shall apply to the state and its agencies and 89 subdivisions whether or not the state or its agencies or 90 subdivisions possessed sovereign immunity before July 1, 1974. 91 (d)(b)A municipality has a duty to allow the municipal law 92 enforcement agency to respond appropriately to protect persons 93 and property during a riot or an unlawful assembly based on the 94 availability of adequate equipment to its municipal law 95 enforcement officers and relevant state and federal laws. If the 96 governing body of a municipality or a person authorized by the 97 governing body of the municipality breaches that duty, the 98 municipality is civilly liable for any damages, including 99 damages arising from personal injury, wrongful death, or 100 property damages proximately caused by the municipalitys breach 101 of duty. The sovereign immunity recovery limits in paragraph (a) 102 do not apply to an action under this paragraph. 103 (6)(a)An action may not be instituted on a claim against 104 the state or one of its agencies or subdivisions unless the 105 claimant presents the claim in writing to the appropriate 106 agency, and also, except as to any claim against a municipality, 107 county, or the Florida Space Authority, presents such claim in 108 writing to the Department of Financial Services, within 3 years 109 after such claim accrues and the Department of Financial 110 Services or the appropriate agency denies the claim in writing; 111 except that, if: 112 1.Such claim is for contribution pursuant to s. 768.31, it 113 must be so presented within 6 months after the judgment against 114 the tortfeasor seeking contribution has become final by lapse of 115 time for appeal or after appellate review or, if there is no 116 such judgment, within 6 months after the tortfeasor seeking 117 contribution has either discharged the common liability by 118 payment or agreed, while the action is pending against her or 119 him, to discharge the common liability; or 120 2.Such action is for wrongful death, the claimant must 121 present the claim in writing to the Department of Financial 122 Services within 2 years after the claim accrues; or 123 3.Such action arises from a violation of s. 794.011 124 involving a victim who was younger than the age of 16 at the 125 time of the act, the claimant may present the claim in writing 126 at any time pursuant to s. 95.11(9). 127 (14)Every claim against the state or one of its agencies 128 or subdivisions for damages for a negligent or wrongful act or 129 omission pursuant to this section shall be forever barred unless 130 the civil action is commenced by filing a complaint in the court 131 of appropriate jurisdiction within 4 years after such claim 132 accrues; except that: 133 (a)An action for contribution must be commenced within the 134 limitations provided in s. 768.31(4);, and 135 (b)An action for damages arising from medical malpractice 136 or wrongful death must be commenced within the limitations for 137 such actions in s. 95.11(4); and 138 (c)An action arising from acts constituting a violation of 139 s. 794.011 involving a victim who was younger than the age of 16 140 at the time of the act may be commenced at any time pursuant to 141 s. 95.11(9). 142 Section 2.Sections 45.061, 110.504, 111.071, 163.01, 143 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 144 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 145 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 146 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 147 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295, 148 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 149 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida 150 Statutes, are reenacted for the purpose of incorporating the 151 amendments made by this act to s. 768.28, Florida Statutes, in 152 references thereto. 153 Section 3.This act applies to claims accruing on or after 154 October 1, 2022. 155 Section 4.This act shall take effect October 1, 2022.