CS/HB 569 2024
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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 suits against the government; 2
amending s. 47.011, F.S.; abolishing the common -law 3
doctrine of home venue privilege with respect to 4
action against the state; amending s. 768.28, F.S.; 5
increasing the statutory limits on liability for tort 6
claims against the state and its agencies and 7
subdivisions; authorizing a subdivision of the state 8
to settle a claim in excess of the statutory limit 9
without further action by the Legislature regardless 10
of insurance coverage limits; prohibiting an insuranc e 11
policy from conditioning payment of benefits on the 12
enactment of a claim bill; specifying that the 13
limitations in effect on the date a final judgment is 14
entered apply to that claim; requiring the Department 15
of Financial Services to adjust the limitations on 16
tort liability every year after a specified date; 17
revising the period within which certain claims must 18
be presented to certain entities; revising exceptions 19
relating to instituting actions on tort claims against 20
the state or one of its agencies or subd ivisions; 21
revising the period after which the failure of certain 22
entities to make final disposition of a claim shall be 23
deemed a final denial of the claim for certain 24
purposes; revising the statute of limitations for tort 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
claims against the state or one of its agencies or 26
subdivisions and exceptions thereto; reenacting ss. 27
45.061, 110.504, 111.071, 125.01015, 163.01, 190.043, 28
213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 29
284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 30
375.251, 381.0056, 393.075, 39 4.9085, 395.1055, 31
403.706, 409.175, 409.993, 420.504, 420.507, 455.221, 32
455.32, 456.009, 456.076, 471.038, 472.006, 497.167, 33
513.118, 548.046, 556.106, 589.19, 627.7491, 723.0611, 34
760.11, 766.1115, 766.112, 768.1355, 768.1382, 35
768.295, 944.713, 946.5026, 9 46.514, 961.06, 1002.33, 36
1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 37
1002.83, 1002.88, 1006.24, and 1006.261, F.S., to 38
incorporate the amendments made to s. 768.28, F.S., in 39
references thereto; providing applicability; providing 40
an effective date. 41
42
Be It Enacted by the Legislature of the State of Florida: 43
44
Section 1. Section 47.011, Florida Statutes, is amended to 45
read: 46
47.011 Where actions may be begun. — 47
(1) Actions shall be brought only in the county where the 48
defendant resides, where the c ause of action accrued, or where 49
the property in litigation is located. This section shall not 50
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apply to actions against nonresidents. 51
(2) The common-law doctrine of home venue privilege is 52
abolished with respect to civil actions brought against the 53
state. This subsection does not affect any venue provision 54
otherwise established in law. 55
Section 2. Subsection (5), paragraphs (a) and (d) of 56
subsection (6), and subsection (14) of section 768.28, Florida 57
Statutes, are amended to read: 58
768.28 Waiver of so vereign immunity in tort actions; 59
recovery limits; civil liability for damages caused during a 60
riot; limitation on attorney fees; statute of limitations; 61
exclusions; indemnification; risk management programs. — 62
(5)(a) The state and its agencies and subdiv isions shall 63
be liable for tort claims in the same manner and to the same 64
extent as a private individual under like circumstances, but 65
liability shall not include punitive damages or interest for the 66
period before judgment. Neither the state nor its agenci es or 67
subdivisions shall be liable to pay a claim or a judgment by any 68
one person which exceeds the sum of $400,000 $200,000 or any 69
claim or judgment, or portions thereof, which, when totaled with 70
all other claims or judgments paid by the state or its agen cies 71
or subdivisions arising out of the same incident or occurrence, 72
exceeds the sum of $600,000 $300,000. However, a judgment or 73
judgments may be claimed and rendered in excess of these amounts 74
and may be settled and paid pursuant to this act up to $400,000 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
or $600,000 $200,000 or $300,000 , as the case may be; and that 76
portion of the judgment that exceeds these amounts may be 77
reported to the Legislature, and but may be paid in part or in 78
whole only by further act of the Legislature. 79
(b) Notwithstanding the limited waiver of sovereign 80
immunity provided in paragraph (a): 81
1. herein, The state or an agency or subdivision thereof 82
may agree, within the limits of insurance coverage provided, to 83
settle a claim made or a judgment rendered against it in excess 84
of the waiver provided in paragraph (a) without further action 85
by the Legislature. 86
2. A subdivision of the state may agree to settle a claim 87
made or a judgment rendered against it in excess of the waiver 88
provided in paragraph (a) without further action by the 89
Legislature. 90
91
However, but the state or an agency or subdivision thereof shall 92
not be deemed to have waived any defense of sovereign immunity 93
or to have increased the limits of its liability as a result of 94
its obtaining insurance coverage for tortious acts in excess of 95
the $200,000 or $300,000 waiver provided in paragraph (a). An 96
insurance policy may not condition the payment of benefits, in 97
whole or in part, on the enactment of a claim bill above. 98
(c) The limitations of liability set forth in this 99
subsection shall apply to the state and its agencies and 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
subdivisions whether or not the state or its agencies or 101
subdivisions possessed sovereign immunity before July 1, 1974. 102
(d)(b) A municipality has a duty to allow the municipal 103
law enforcement agency to respond appropriately to protect 104
persons and property during a riot or an unlawful assembly based 105
on the availability of adequate equipment to its municipal law 106
enforcement officers and relevant state and federal laws. If the 107
governing body of a municipality or a person authorized by the 108
governing body of the municipality breaches that duty, the 109
municipality is civilly liable for any damages, including 110
damages arising from personal injury, wrongful death, or 111
property damages proximately caused by the municipality's breach 112
of duty. The sovereign immunity recovery limits in paragraph (a) 113
do not apply to an action under this paragraph. 114
(e) When determining liability limits for a clai m, the 115
limitations of liability in effect on the date a final judgment 116
is entered shall apply to the claim. 117
(f) Beginning July 1, 2025, and every July 1 thereafter, 118
the Department of Financial Services shall adjust the 119
limitations of liability in this su bsection to reflect changes 120
in the Consumer Price Index for the Southeast or a successor 121
index as calculated by the United States Department of Labor. 122
(6)(a) An action may not be instituted on a claim against 123
the state or one of its agencies or subdivisi ons unless the 124
claimant presents the claim in writing to the appropriate 125
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agency, and also, except as to any claim against a municipality, 126
county, or the Florida Space Authority, presents such claim in 127
writing to the Department of Financial Services, within 18 128
months 3 years after such claim accrues and the Department of 129
Financial Services or the appropriate agency denies the claim in 130
writing; except that, if: 131
1. Such claim is for contribution pursuant to s. 768.31, 132
it must be so presented within 6 months after the judgment 133
against the tortfeasor seeking contribution has become final by 134
lapse of time for appeal or after appellate review or, if there 135
is no such judgment, within 6 months after the tortfeasor 136
seeking contribution has either discharged the comm on liability 137
by payment or agreed, while the action is pending against her or 138
him, to discharge the common liability; or 139
2. Such action arises from a violation of s. 794.011 140
involving a victim who was younger than the age of 16 at the 141
time of the act, the claimant must present the claim in writing 142
within 13 years after the victim reaches the age of majority. 143
This subparagraph applies to any such action other than one 144
which would have been time barred on or before July 1, 2010, 145
under s. 95.11(9) is for wrongful death, the claimant must 146
present the claim in writing to the Department of Financial 147
Services within 2 years after the claim accrues . 148
(d) For purposes of this section, complete, accurate, and 149
timely compliance with the requirements of paragraph (c) shall 150
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occur prior to settlement payment, close of discovery or 151
commencement of trial, whichever is sooner; provided the ability 152
to plead setoff is not precluded by the delay. This setoff shall 153
apply only against that part of the settlement or judgment 154
payable to the claimant, minus claimant's reasonable attorney's 155
fees and costs. Incomplete or inaccurate disclosure of unpaid 156
adjudicated claims due the state, its agency, officer, or 157
subdivision, may be excused by the court upon a showing by the 158
preponderance of the evidence of the claimant's lack of 159
knowledge of an adjudicated claim and reasonable inquiry by, or 160
on behalf of, the claimant to obtain the information from public 161
records. Unless the appropriate agency had actual notice of the 162
information required to be disclosed by paragraph (c) in time to 163
assert a setoff, an unexcused failure to disclose shall, upon 164
hearing and order of court, cause the claimant to be liable for 165
double the original undisclosed judgment and, upon further 166
motion, the court shall e nter judgment for the agency in that 167
amount. Except as provided otherwise in this subsection, the 168
failure of the Department of Financial Services or the 169
appropriate agency to make final disposition of a claim within 4 170
6 months after it is filed shall be de emed a final denial of the 171
claim for purposes of this section. For purposes of this 172
subsection, in medical malpractice actions and in wrongful death 173
actions, the failure of the Department of Financial Services or 174
the appropriate agency to make final dispos ition of a claim 175
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within 90 days after it is filed shall be deemed a final denial 176
of the claim. The statute of limitations for medical malpractice 177
actions and wrongful death actions is tolled for the period of 178
time taken by the Department of Financial Servi ces or the 179
appropriate agency to deny the claim. The provisions of this 180
subsection do not apply to such claims as may be asserted by 181
counterclaim pursuant to s. 768.14. 182
(14) Every claim against the state or one of its agencies 183
or subdivisions for damages for a negligent or wrongful act or 184
omission pursuant to this section shall be forever barred unless 185
the civil action is commenced by filing a complaint in the court 186
of appropriate jurisdiction : 187
(a) Within 2 4 years for an action founded on negligence. 188
(b) Within the limitations provided in s. 768.31(4) for an 189
action for contribution. 190
(c) Within the limitations provided in s. 95.11(4) for an 191
action for damages arising from medical malpractice or wrongful 192
death. 193
(d) Within 15 years after the victim r eaches the age of 194
majority for any action arising from acts constituting a 195
violation of s. 794.011 involving a victim who was younger than 196
the age of 16 at the time of the act. This paragraph applies to 197
any such action other than one which would have been time barred 198
on or before July 1, 2010, under s. 95.11(9). 199
(e) Within 4 years for any other action not specified in 200
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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
this subsection after such claim accrues; except that an action 201
for contribution must be commenced within the limitations 202
provided in s. 768.31(4), and an action for damages arising from 203
medical malpractice or wrongful death must be commenced within 204
the limitations for such actions in s. 95.11(4) . 205
Section 3. Sections 45.061, 110.504, 111.071, 125.01015, 206
163.01, 190.043, 213.015, 252.51, 2 52.89, 252.944, 260.0125, 207
284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 208
375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 209
409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 210
456.076, 471.038, 472.006, 497.167, 513.118, 548.046 , 556.106, 211
589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 212
768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 213
1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 214
1006.24, and 1006.261, Florida Statutes, are reenac ted for the 215
purpose of incorporating the amendments made by this act to s. 216
768.28, Florida Statutes, in references thereto. 217
Section 4. This act applies to claims accruing on or after 218
October 1, 2024. 219
Section 5. This act shall take effect October 1, 2024. 220