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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 insurance 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 the claim accru es 14
apply to that claim; revising the period within which 15
certain claims must be presented to certain entities; 16
revising exceptions relating to instituting actions on 17
tort claims against the state or one of its agencies 18
or subdivisions; revising the period after which the 19
failure of certain entities to make final disposition 20
of a claim shall be deemed a final denial of the claim 21
for certain purposes; revising the statute of 22
limitations for tort claims against the state or one 23
of its agencies or subdivisions and exceptions 24
thereto; reenacting ss. 45.061, 110.504, 111.071, 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
125.01015, 163.01, 190.043, 213.015, 252.51, 252.89, 26
252.944, 260.0125, 284.31, 284.38, 322.13, 337.19, 27
341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075, 28
394.9085, 395.1055, 403.706, 409 .175, 409.993, 29
420.504, 420.507, 455.221, 455.32, 456.009, 456.076, 30
471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 31
589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 32
768.1355, 768.1382, 768.295, 944.713, 946.5026, 33
946.514, 961.06, 1002.33, 1002. 333, 1002.34, 1002.351, 34
1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and 35
1006.261, F.S., to incorporate the amendments made to 36
s. 768.28, F.S., in references thereto; providing 37
applicability; providing an effective date. 38
39
Be It Enacted by the Legislatu re of the State of Florida: 40
41
Section 1. Section 47.011, Florida Statutes, is amended to 42
read: 43
47.011 Where actions may be begun. — 44
(1) Actions shall be brought only in the county where the 45
defendant resides, where the cause of action accrued, or whe re 46
the property in litigation is located. This section shall not 47
apply to actions against nonresidents. 48
(2) The common-law doctrine of home venue privilege is 49
abolished with respect to civil actions brought against the 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
state. This subsection does not aff ect any venue provision 51
otherwise established in law. 52
Section 2. Subsection (5), paragraphs (a) and (d) of 53
subsection (6), and subsection (14) of section 768.28, Florida 54
Statutes, are amended to read: 55
768.28 Waiver of sovereign immunity in tort actio ns; 56
recovery limits; civil liability for damages caused during a 57
riot; limitation on attorney fees; statute of limitations; 58
exclusions; indemnification; risk management programs. — 59
(5)(a) The state and its agencies and subdivisions shall 60
be liable for tort claims in the same manner and to the same 61
extent as a private individual under like circumstances, but 62
liability shall not include punitive damages or interest for the 63
period before judgment. Neither the state nor its agencies or 64
subdivisions shall be li able to pay a claim or a judgment by any 65
one person which exceeds the sum of $400,000 $200,000 or any 66
claim or judgment, or portions thereof, which, when totaled with 67
all other claims or judgments paid by the state or its agencies 68
or subdivisions arising o ut of the same incident or occurrence, 69
exceeds the sum of $600,000 $300,000. However, a judgment or 70
judgments may be claimed and rendered in excess of these amounts 71
and may be settled and paid pursuant to this act up to $400,000 72
or $600,000 $200,000 or $300,000, as the case may be; and that 73
portion of the judgment that exceeds these amounts may be 74
reported to the Legislature, and but may be paid in part or in 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
whole only by further act of the Legislature. 76
(b) Notwithstanding the limited waiver of sovereign 77
immunity provided in paragraph (a): 78
1. herein, The state or an agency or subdivision thereof 79
may agree, within the limits of insurance coverage provided, to 80
settle a claim made or a judgment rendered against it in excess 81
of the waiver provided in paragr aph (a) without further action 82
by the Legislature. 83
2. A subdivision of the state may agree to settle a claim 84
made or a judgment rendered against it in excess of the waiver 85
provided in paragraph (a) without further action by the 86
Legislature. 87
88
However, but the state or an agency or subdivision thereof shall 89
not be deemed to have waived any defense of sovereign immunity 90
or to have increased the limits of its liability as a result of 91
its obtaining insurance coverage for tortious acts in excess of 92
the $200,000 or $300,000 waiver provided in paragraph (a). An 93
insurance policy may not condition the payment of benefits, in 94
whole or in part, on the enactment of a claim bill above. 95
(c) The limitations of liability set forth in this 96
subsection shall apply to the state and its agencies and 97
subdivisions whether or not the state or its agencies or 98
subdivisions possessed sovereign immunity before July 1, 1974. 99
(d)(b) A municipality has a duty to allow the municipal 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
law enforcement agency to respond appropriately to protect 101
persons and property during a riot or an unlawful assembly based 102
on the availability of adequate equipment to its municipal law 103
enforcement officers and relevant state and federal laws. If the 104
governing body of a municipality or a person authorized by the 105
governing body of the municipality breaches that duty, the 106
municipality is civilly liable for any damages, including 107
damages arising from personal injury, wrongful death, or 108
property damages proxim ately caused by the municipality's breach 109
of duty. The sovereign immunity recovery limits in paragraph (a) 110
do not apply to an action under this paragraph. 111
(e) When determining liability limits for a claim, the 112
limitations of liability in effect on the da te the claim accrues 113
shall apply to the claim. 114
(6)(a) An action may not be instituted on a claim against 115
the state or one of its agencies or subdivisions unless the 116
claimant presents the claim in writing to the appropriate 117
agency, and also, except as to any claim against a municipality, 118
county, or the Florida Space Authority, presents such claim in 119
writing to the Department of Financial Services, within 18 120
months 3 years after such claim accrues and the Department of 121
Financial Services or the appropriate agency denies the claim in 122
writing; except that, if: 123
1. Such claim is for contribution pursuant to s. 768.31, 124
it must be so presented within 6 months after the judgment 125
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against the tortfeasor seeking contribution has become final by 126
lapse of time for app eal or after appellate review or, if there 127
is no such judgment, within 6 months after the tortfeasor 128
seeking contribution has either discharged the common liability 129
by payment or agreed, while the action is pending against her or 130
him, to discharge the comm on liability; or 131
2. Such action arises from a violation of s. 794.011 132
involving a victim who was younger than the age of 16 at the 133
time of the act, the claimant must present the claim in writing 134
within 13 years after the victim reaches the age of majorit y. 135
This subparagraph applies to any such action other than one 136
which would have been time barred on or before July 1, 2010, 137
under s. 95.11(9) is for wrongful death, the claimant must 138
present the claim in writing to the Department of Financial 139
Services within 2 years after the claim accrues . 140
(d) For purposes of this section, complete, accurate, and 141
timely compliance with the requirements of paragraph (c) shall 142
occur prior to settlement payment, close of discovery or 143
commencement of trial, whichever is soon er; provided the ability 144
to plead setoff is not precluded by the delay. This setoff shall 145
apply only against that part of the settlement or judgment 146
payable to the claimant, minus claimant's reasonable attorney's 147
fees and costs. Incomplete or inaccurate di sclosure of unpaid 148
adjudicated claims due the state, its agency, officer, or 149
subdivision, may be excused by the court upon a showing by the 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
preponderance of the evidence of the claimant's lack of 151
knowledge of an adjudicated claim and reasonable inquiry by, or 152
on behalf of, the claimant to obtain the information from public 153
records. Unless the appropriate agency had actual notice of the 154
information required to be disclosed by paragraph (c) in time to 155
assert a setoff, an unexcused failure to disclose shall, u pon 156
hearing and order of court, cause the claimant to be liable for 157
double the original undisclosed judgment and, upon further 158
motion, the court shall enter judgment for the agency in that 159
amount. Except as provided otherwise in this subsection, the 160
failure of the Department of Financial Services or the 161
appropriate agency to make final disposition of a claim within 4 162
6 months after it is filed shall be deemed a final denial of the 163
claim for purposes of this section. For purposes of this 164
subsection, in medic al malpractice actions and in wrongful death 165
actions, the failure of the Department of Financial Services or 166
the appropriate agency to make final disposition of a claim 167
within 90 days after it is filed shall be deemed a final denial 168
of the claim. The statu te of limitations for medical malpractice 169
actions and wrongful death actions is tolled for the period of 170
time taken by the Department of Financial Services or the 171
appropriate agency to deny the claim. The provisions of this 172
subsection do not apply to such claims as may be asserted by 173
counterclaim pursuant to s. 768.14. 174
(14) Every claim against the state or one of its agencies 175
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or subdivisions for damages for a negligent or wrongful act or 176
omission pursuant to this section shall be forever barred unless 177
the civil action is commenced by filing a complaint in the court 178
of appropriate jurisdiction : 179
(a) Within 2 4 years for an action founded on negligence. 180
(b) Within the limitations provided in s. 768.31(4) for an 181
action for contribution. 182
(c) Within the limitations provided in s. 95.11(4) for an 183
action for damages arising from medical malpractice or wrongful 184
death. 185
(d) Within 15 years after the victim reaches the age of 186
majority for any action arising from acts constituting a 187
violation of s. 794.011 invol ving a victim who was younger than 188
the age of 16 at the time of the act. This paragraph applies to 189
any such action other than one which would have been time barred 190
on or before July 1, 2010, under s. 95.11(9). 191
(e) Within 4 years for any other action not specified in 192
this subsection after such claim accrues; except that an action 193
for contribution must be commenced within the limitations 194
provided in s. 768.31(4), and an action for damages arising from 195
medical malpractice or wrongful death must be commenced within 196
the limitations for such actions in s. 95.11(4) . 197
Section 3. Sections 45.061, 110.504, 111.071, 125.01015, 198
163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 199
284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 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
375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 201
409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 202
456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 203
589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 204
768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 205
1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 206
1006.24, and 1006.261, Florida Statutes, are reenacted for the 207
purpose of incorporating the amendments made by this act to s. 208
768.28, Florida Statutes, in references thereto. 209
Section 4. This act applies to claims accruing on or after 210
October 1, 2024. 211
Section 5. This act shall take effect October 1, 2024. 212