Florida Senate - 2023 SB 604 By Senator Gruters 22-00536A-23 2023604__ 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; prohibiting an insurance 6 policy from conditioning payment of benefits on the 7 enactment of a claim bill; specifying that the 8 limitations in effect on the date a final judgment is 9 entered apply to that claim; requiring the Department 10 of Financial Services to adjust the limitations on 11 tort liability every year after a specified date; 12 revising exceptions relating to instituting actions on 13 claims against the state or one of its agencies and to 14 the statute of limitations for such claims; reenacting 15 ss. 45.061, 110.504, 111.071, 163.01, 190.043, 16 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 17 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 18 381.0056, 393.075, 395.1055, 403.706, 409.993, 19 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 20 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 21 723.0611, 760.11, 766.1115, 766.112, 768.1355, 22 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 23 1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, 24 and 1006.261, F.S., to incorporate the amendments made 25 to s. 768.28, F.S., in references thereto; providing 26 applicability; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Subsection (5), paragraph (a) of subsection (6), 31 and subsection (14) of section 768.28, Florida Statutes, are 32 amended to read: 33 768.28Waiver of sovereign immunity in tort actions; 34 recovery limits; civil liability for damages caused during a 35 riot; limitation on attorney fees; statute of limitations; 36 exclusions; indemnification; risk management programs. 37 (5)(a)The state and its agencies and subdivisions shall be 38 liable for tort claims in the same manner and to the same extent 39 as a private individual under like circumstances, but liability 40 shall not include punitive damages or interest for the period 41 before judgment. Neither the state nor its agencies or 42 subdivisions shall be liable to pay a claim or a judgment by any 43 one person which exceeds the sum of $400,000 $200,000 or any 44 claim or judgment, or portions thereof, which, when totaled with 45 all other claims or judgments paid by the state or its agencies 46 or subdivisions arising out of the same incident or occurrence, 47 exceeds the sum of $600,000 $300,000. However, a judgment or 48 judgments may be claimed and rendered in excess of these amounts 49 and may be settled and paid pursuant to this act up to $400,000 50 or $600,000 $200,000 or $300,000, as the case may be; and that 51 portion of the judgment that exceeds these amounts may be 52 reported to the Legislature, and but may be paid in part or in 53 whole only by further act of the Legislature. 54 (b)Notwithstanding the limited waiver of sovereign 55 immunity provided in paragraph (a) herein, the state or an 56 agency or subdivision thereof may agree, within the limits of 57 insurance coverage provided, to settle a claim made or a 58 judgment rendered against it in excess of the waiver provided in 59 paragraph (a) without further action by the Legislature, but the 60 state or agency or subdivision thereof shall not be deemed to 61 have waived any defense of sovereign immunity or to have 62 increased the limits of its liability as a result of its 63 obtaining insurance coverage for tortious acts in excess of the 64 $200,000 or $300,000 waiver provided in paragraph (a). An 65 insurance policy may not condition the payment of benefits, in 66 whole or in part, on the enactment of a claim bill above. 67 (c)The limitations of liability set forth in this 68 subsection shall apply to the state and its agencies and 69 subdivisions whether or not the state or its agencies or 70 subdivisions possessed sovereign immunity before July 1, 1974. 71 (d)(b)A municipality has a duty to allow the municipal law 72 enforcement agency to respond appropriately to protect persons 73 and property during a riot or an unlawful assembly based on the 74 availability of adequate equipment to its municipal law 75 enforcement officers and relevant state and federal laws. If the 76 governing body of a municipality or a person authorized by the 77 governing body of the municipality breaches that duty, the 78 municipality is civilly liable for any damages, including 79 damages arising from personal injury, wrongful death, or 80 property damages proximately caused by the municipalitys breach 81 of duty. The sovereign immunity recovery limits in paragraph (a) 82 do not apply to an action under this paragraph. 83 (e)When determining liability limits for a claim, the 84 limitations of liability in effect on the date a final judgment 85 is entered shall apply to the claim. 86 (f)Beginning July 1, 2024, and every July 1 thereafter, 87 the Department of Financial Services shall adjust the 88 limitations of liability in this subsection to reflect changes 89 in the Consumer Price Index for the Southeast or a successor 90 index as calculated by the United States Department of Labor. 91 (6)(a)An action may not be instituted on a claim against 92 the state or one of its agencies or subdivisions unless the 93 claimant presents the claim in writing to the appropriate 94 agency, and also, except as to any claim against a municipality, 95 county, or the Florida Space Authority, presents such claim in 96 writing to the Department of Financial Services, within 3 years 97 after such claim accrues and the Department of Financial 98 Services or the appropriate agency denies the claim in writing; 99 except that, if: 100 1.Such claim is for contribution pursuant to s. 768.31, it 101 must be so presented within 6 months after the judgment against 102 the tortfeasor seeking contribution has become final by lapse of 103 time for appeal or after appellate review or, if there is no 104 such judgment, within 6 months after the tortfeasor seeking 105 contribution has either discharged the common liability by 106 payment or agreed, while the action is pending against her or 107 him, to discharge the common liability; or 108 2.Such action is for wrongful death, the claimant must 109 present the claim in writing to the Department of Financial 110 Services within 2 years after the claim accrues; or 111 3.Such action arises from a violation of s. 794.011 112 involving a victim who was younger than the age of 16 at the 113 time of the act, the claimant may present the claim in writing 114 at any time pursuant to s. 95.11(9). 115 (14)Every claim against the state or one of its agencies 116 or subdivisions for damages for a negligent or wrongful act or 117 omission pursuant to this section shall be forever barred unless 118 the civil action is commenced by filing a complaint in the court 119 of appropriate jurisdiction within 4 years after such claim 120 accrues; except that: 121 (a)An action for contribution must be commenced within the 122 limitations provided in s. 768.31(4);, and 123 (b)An action for damages arising from medical malpractice 124 or wrongful death must be commenced within the limitations for 125 such actions in s. 95.11(4); and 126 (c)An action arising from acts constituting a violation of 127 s. 794.011 involving a victim who was younger than the age of 16 128 at the time of the act may be commenced at any time pursuant to 129 s. 95.11(9). 130 Section 2.Sections 45.061, 110.504, 111.071, 163.01, 131 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 132 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 133 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 134 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 135 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 136 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 137 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 138 Florida Statutes, are reenacted for the purpose of incorporating 139 the amendments made by this act to s. 768.28, Florida Statutes, 140 in references thereto. 141 Section 3.This act applies to claims accruing on or after 142 October 1, 2023. 143 Section 4.This act shall take effect October 1, 2023.