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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 or subdivisions and to the statute of 12
limitations for such claims; reenacting ss. 45.061, 13
110.504, 111.071, 163.01, 190.043, 213.015, 252.51, 14
252.89, 252.944, 260.0125, 284.31, 284.38, 322.13, 15
337.19, 341.302, 351.03, 373.1395, 375.251, 381.0056, 16
393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 17
456.009, 456.076, 471.038, 472.006, 497.167, 513.118, 18
548.046, 556.106, 589.19, 627.7491, 723.0611, 760.11 , 19
766.1115, 766.112, 768.1355, 768.295, 944.713, 20
946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 21
1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 22
F.S., to incorporate the amendments made to s. 768.28, 23
F.S., in references thereto; providing applicab ility; 24
providing an effective date. 25
CS/HB 401 2023
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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
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Subsection (5), paragraphs (a) and (d) of 29
subsection (6), and subsection (14) of section 768.28, Florida 30
Statutes, are amended to read: 31
768.28 Waiver of sovereign immunity in tort actions; 32
recovery limits; civil liability for damages caused during a 33
riot; limitation on attorney fees; statute of limitations; 34
exclusions; indemnification; risk management programs. — 35
(5)(a) The state and its age ncies and subdivisions shall 36
be liable for tort claims in the same manner and to the same 37
extent as a private individual under like circumstances, but 38
liability shall not include punitive damages or interest for the 39
period before judgment. Neither the stat e nor its agencies or 40
subdivisions shall be liable to pay a claim or a judgment by any 41
one person which exceeds the sum of $2,500,000 $200,000 or any 42
claim or judgment, or portions thereof, which, when totaled with 43
all other claims or judgments paid by the state or its agencies 44
or subdivisions arising out of the same incident or occurrence, 45
exceeds the sum of $5,000,000 $300,000. However, a judgment or 46
judgments may be claimed and rendered in excess of these amounts 47
and may be settled and paid pursuant to t his section act up to 48
$2,500,000 or $5,000,000, as applicable. The $200,000 or 49
$300,000, as the case may be; and that portion of the judgment 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
that exceeds these amounts may be reported to the Legislature 51
and, but may be paid in part or in whole only by further act of 52
the Legislature. 53
(b) Notwithstanding the limited waiver of sovereign 54
immunity provided in paragraph (a), a subdivision of the state 55
may agree herein, the state or an agency or subdivision thereof 56
may agree, within the limits of insurance cove rage provided, to 57
settle a claim made or a judgment rendered against it in excess 58
of the waiver provided in paragraph (a) without further action 59
by the Legislature., but The state or an agency or a subdivision 60
thereof may shall not be deemed to have waived any defense of 61
sovereign immunity or to have increased the limits of its 62
liability as a result of its obtaining insurance coverage for 63
tortious acts in excess of the $200,000 or $300,000 waiver 64
provided in paragraph (a) above. 65
(c) The limitations of lia bility set forth in this 66
subsection shall apply to the state and its agencies and 67
subdivisions whether or not the state or its agencies or 68
subdivisions possessed sovereign immunity before July 1, 1974. 69
(d)(b) A municipality has a duty to allow the munici pal 70
law enforcement agency to respond appropriately to protect 71
persons and property during a riot or an unlawful assembly based 72
on the availability of adequate equipment to its municipal law 73
enforcement officers and relevant state and federal laws. If the 74
governing body of a municipality or a person authorized by the 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
governing body of the municipality breaches that duty, the 76
municipality is civilly liable for any damages, including 77
damages arising from personal injury, wrongful death, or 78
property damages proximately caused by the municipality's breach 79
of duty. The sovereign immunity recovery limits in paragraph (a) 80
do not apply to an action under this paragraph. 81
(6)(a) An action may not be instituted on a claim against 82
the state or one of its agencies or s ubdivisions unless the 83
claimant presents the claim in writing to the appropriate 84
agency, and also, except as to any claim against a municipality, 85
county, or the Florida Space Authority, presents such claim in 86
writing to the Department of Financial Services , within 4 3 87
years after such claim accrues and the Department of Financial 88
Services or the appropriate agency denies the claim in writing; 89
except that, if: 90
1. Such claim is for contribution pursuant to s. 768.31, 91
it must be so presented within 6 months after the judgment 92
against the tortfeasor seeking contribution has become final by 93
lapse of time for appeal or after appellate review or, if there 94
is no such judgment, within 6 months after the tortfeasor 95
seeking contribution has either discharged the common liability 96
by payment or agreed, while the action is pending against her or 97
him, to discharge the common liability; or 98
2. Such action is for wrongful deat h, the claimant must 99
present the claim in writing to the Department of Financial 100
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Services within 2 years after the claim accrues ; or 101
3. Such action arises from a violation of s. 794.011 102
involving a victim who was younger than the age of 16 at the 103
time of the act, the claimant may present the claim in writing 104
at any time pursuant to s. 95.11(9). T his subparagraph applies 105
to a claim accruing at any time but shall also be construed in 106
accordance with s. 95.11(9) to apply only to claims which would 107
not have been time barred on or before July 1, 2010 . 108
(d) For purposes of this section, complete, accurate, and 109
timely compliance with the requirements of paragraph (c) shall 110
occur prior to settlement payment, close of discovery or 111
commencement of trial, whichever is sooner; provided the ability 112
to plead setoff is not precluded by the delay. This setoff shall 113
apply only against that part of the settlement or judgment 114
payable to the claimant, minus claimant's reasonable attorney's 115
fees and costs. Incomplete or inaccu rate disclosure of unpaid 116
adjudicated claims due the state, its agency, officer, or 117
subdivision, may be excused by the court upon a showing by the 118
preponderance of the evidence of the claimant's lack of 119
knowledge of an adjudicated claim and reasonable inqu iry by, or 120
on behalf of, the claimant to obtain the information from public 121
records. Unless the appropriate agency had actual notice of the 122
information required to be disclosed by paragraph (c) in time to 123
assert a setoff, an unexcused failure to disclose s hall, upon 124
hearing and order of court, cause the claimant to be liable for 125
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double the original undisclosed judgment and, upon further 126
motion, the court shall enter judgment for the agency in that 127
amount. Except as provided otherwise in this subsection, the 128
failure of the Department of Financial Services or the 129
appropriate agency to make final disposition of a claim within 3 130
6 months after it is filed shall be deemed a final denial of the 131
claim for purposes of this section. For purposes of this 132
subsection, in medical malpractice actions and in wrongful death 133
actions, the failure of the Department of Financial Services or 134
the appropriate agency to make final disposition of a claim 135
within 90 days after it is filed shall be deemed a final denial 136
of the claim. The statute of limitations for medical malpractice 137
actions and wrongful death actions is tolled for the period of 138
time taken by the Department of Financial Services or the 139
appropriate agency to deny the claim. The provisions of this 140
subsection do not apply t o such claims as may be asserted by 141
counterclaim pursuant to s. 768.14. 142
(14) Every claim against the state or one of its agencies 143
or subdivisions for damages for a negligent or wrongful act or 144
omission pursuant to this section shall be forever barred unless 145
the civil action is commenced by filing a complaint in the court 146
of appropriate jurisdiction within 4 years after such claim 147
accrues; except that : 148
(a) An action for contribution must be commenced within 149
the limitations provided in s. 768.31(4) ;, and 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
(b) An action for damages arising from medical malpractice 151
or wrongful death must be commenced within the limitations for 152
such actions in s. 95.11(4) ; and 153
(c) An action arising from any act constituting a 154
violation of s. 794.011 involving a victim w ho was younger than 155
the age of 16 at the time of the act may be commenced at any 156
time pursuant to s. 95.11(9). This paragraph applies to a claim 157
accruing at any time as long as such claim would not have been 158
time barred on or before July 1, 2010, under s. 95.11(9). 159
Section 2. Sections 45.061, 110.504, 111.071, 163.01, 160
190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 161
284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 375.251, 162
381.0056, 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 163
456.009, 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 164
556.106, 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 165
768.1355, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 166
1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, and 167
1006.261, Florida Statutes, are reenacted for the purpose of 168
incorporating the amendments made by this act to s. 768.28, 169
Florida Statutes, in references thereto. 170
Section 3. Except as otherwise expressly provided herein, 171
this act applies to claims accruing on or after October 1, 2024. 172
Section 4. This act shall take effect October 1, 2024. 173