Florida Senate - 2024 CS for SB 472 By the Committee on Governmental Oversight and Accountability; and Senator Brodeur 585-02597A-24 2024472c1 1 A bill to be entitled 2 An act relating to suits against the government; 3 amending s. 47.011, F.S.; abolishing the common-law 4 doctrine of home venue privilege with respect to 5 action against the state; amending s. 768.28, F.S.; 6 increasing the statutory limits on liability for tort 7 claims against the state and its agencies and 8 subdivisions; prohibiting insurance policies from 9 placing conditions for payment upon the enactment of a 10 claim bill; authorizing a subdivision of the state to 11 settle a claim in excess of the statutory limit 12 without further action by the Legislature regardless 13 of insurance coverage limits; prohibiting a party from 14 lobbying against any agreed upon settlement brought to 15 the Legislature as a claim bill; specifying that the 16 limitations in effect on the date a final judgment is 17 entered apply to that claim; requiring the Department 18 of Financial Services to adjust the limitations on 19 tort liability every 5 years after a specified date; 20 revising the period within which certain claims must 21 be presented to certain entities; revising exceptions 22 relating to instituting actions on tort claims against 23 the state or one of its agencies or subdivisions; 24 revising the period after which the failure of certain 25 entities to make final disposition of a claim shall be 26 deemed a final denial of the claim for certain 27 purposes; revising the statute of limitations for tort 28 claims against the state or one of its agencies or 29 subdivisions and exceptions thereto; providing a 30 claimant a specific timeframe to file suit; reenacting 31 ss. 45.061, 110.504, 111.071, 125.01015, 163.01, 32 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 33 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 34 373.1395, 375.251, 381.0056, 393.075, 394.9085, 35 395.1055, 403.706, 409.175, 409.993, 420.504, 420.507, 36 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 37 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 38 723.0611, 760.11, 766.1115, 766.112, 768.1355, 39 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 40 1002.33, 1002.333, 1002.34, 1002.351, 1002.37, 41 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 42 F.S., to incorporate the amendments made to s. 768.28, 43 F.S., in references thereto; providing applicability; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Section 47.011, Florida Statutes, is amended to 49 read: 50 47.011Where actions may be begun. 51 (1)Actions shall be brought only in the county where the 52 defendant resides, where the cause of action accrued, or where 53 the property in litigation is located. This section shall not 54 apply to actions against nonresidents. 55 (2)The common-law doctrine of home venue privilege is 56 abolished with respect to civil actions brought against the 57 state. This subsection does not affect any venue provision 58 otherwise established in law. 59 Section 2.Subsection (5), paragraphs (a) and (d) of 60 subsection (6), and subsection (14) of section 768.28, Florida 61 Statutes, are amended to read: 62 768.28Waiver of sovereign immunity in tort actions; 63 recovery limits; civil liability for damages caused during a 64 riot; limitation on attorney fees; statute of limitations; 65 exclusions; indemnification; risk management programs. 66 (5)(a)The state and its agencies and subdivisions shall be 67 liable for tort claims in the same manner and to the same extent 68 as a private individual under like circumstances, but liability 69 shall not include punitive damages or interest for the period 70 before judgment. Neither the state nor its agencies or 71 subdivisions shall be liable to pay a claim or a judgment by any 72 one person which exceeds the sum of $400,000 $200,000 or any 73 claim or judgment, or portions thereof, which, when totaled with 74 all other claims or judgments paid by the state or its agencies 75 or subdivisions arising out of the same incident or occurrence, 76 exceeds the sum of $600,000 $300,000. However, a judgment or 77 judgments may be claimed and rendered in excess of these amounts 78 and may be settled and paid pursuant to this act up to $400,000 79 or $600,000 $200,000 or $300,000, as the case may be; and that 80 portion of the judgment that exceeds these amounts may be 81 reported to the Legislature, and but may be paid in part or in 82 whole only by further act of the Legislature. 83 (b)Notwithstanding the limited waiver of sovereign 84 immunity provided in paragraph (a): 85 1.herein, The state or an agency or subdivision thereof 86 may agree, within the limits of insurance coverage provided, to 87 settle a claim made or a judgment rendered against it in excess 88 of the waiver provided in paragraph (a) without further action 89 by the Legislature. 90 2.A subdivision of the state may agree to settle a claim 91 made or a judgment rendered against it in excess of the waiver 92 provided in paragraph (a) without further action by the 93 Legislature. 94 95 However, but the state or an agency or subdivision thereof shall 96 not be deemed to have waived any defense of sovereign immunity 97 or to have increased the limits of its liability as a result of 98 its obtaining insurance coverage for tortious acts in excess of 99 the $200,000 or $300,000 waiver provided in paragraph (a). 100 However, a party may not lobby against any agreed upon 101 settlement brought to the Legislature as a settled claim bill 102 above. An insurance policy may not condition the payment of 103 benefits, in whole or in part, on the enactment of a claim bill. 104 (c)The limitations of liability set forth in this 105 subsection shall apply to the state and its agencies and 106 subdivisions whether or not the state or its agencies or 107 subdivisions possessed sovereign immunity before July 1, 1974. 108 (d)(b)A municipality has a duty to allow the municipal law 109 enforcement agency to respond appropriately to protect persons 110 and property during a riot or an unlawful assembly based on the 111 availability of adequate equipment to its municipal law 112 enforcement officers and relevant state and federal laws. If the 113 governing body of a municipality or a person authorized by the 114 governing body of the municipality breaches that duty, the 115 municipality is civilly liable for any damages, including 116 damages arising from personal injury, wrongful death, or 117 property damages proximately caused by the municipalitys breach 118 of duty. The sovereign immunity recovery limits in paragraph (a) 119 do not apply to an action under this paragraph. 120 (e)When determining liability limits for a claim, the 121 limitations of liability in effect on the date a final judgment 122 is entered shall apply to the settled claim. 123 (f)Beginning July 1, 2029, and on July 1 every 5 years 124 thereafter, the Department of Financial Services shall adjust 125 the limitations of liability in this subsection to reflect 126 changes in the Consumer Price Index for the Southeast or a 127 successor index as calculated by the United States Department of 128 Labor. 129 (6)(a)An action may not be instituted on a claim against 130 the state or one of its agencies or subdivisions unless the 131 claimant presents the claim in writing to the appropriate 132 agency, and also, except as to any claim against a municipality, 133 county, or the Florida Space Authority, presents such claim in 134 writing to the Department of Financial Services, within 18 135 months 3 years after such claim accrues and the Department of 136 Financial Services or the appropriate agency denies the claim in 137 writing; except that, if: 138 1.Such claim is for contribution pursuant to s. 768.31, it 139 must be so presented within 6 months after the judgment against 140 the tortfeasor seeking contribution has become final by lapse of 141 time for appeal or after appellate review or, if there is no 142 such judgment, within 6 months after the tortfeasor seeking 143 contribution has either discharged the common liability by 144 payment or agreed, while the action is pending against her or 145 him, to discharge the common liability; or 146 2.Such action arises from a violation of s. 794.011 147 involving a victim who was younger than 16 years of age at the 148 time of the act, the claimant may present the claim in writing 149 at any time pursuant to s. 95.11(9) is for wrongful death, the 150 claimant must present the claim in writing to the Department of 151 Financial Services within 2 years after the claim accrues. 152 (d)For purposes of this section, complete, accurate, and timely 153 compliance with the requirements of paragraph (c) shall occur 154 prior to settlement payment, close of discovery or commencement 155 of trial, whichever is sooner; provided the ability to plead 156 setoff is not precluded by the delay. This setoff shall apply 157 only against that part of the settlement or judgment payable to 158 the claimant, minus claimants reasonable attorneys fees and 159 costs. Incomplete or inaccurate disclosure of unpaid adjudicated 160 claims due the state, its agency, officer, or subdivision, may 161 be excused by the court upon a showing by the preponderance of 162 the evidence of the claimants lack of knowledge of an 163 adjudicated claim and reasonable inquiry by, or on behalf of, 164 the claimant to obtain the information from public records. 165 Unless the appropriate agency had actual notice of the 166 information required to be disclosed by paragraph (c) in time to 167 assert a setoff, an unexcused failure to disclose shall, upon 168 hearing and order of court, cause the claimant to be liable for 169 double the original undisclosed judgment and, upon further 170 motion, the court shall enter judgment for the agency in that 171 amount. Except as provided otherwise in this subsection, the 172 failure of the Department of Financial Services or the 173 appropriate agency to make final disposition of a claim within 4 174 6 months after it is filed shall be deemed a final denial of the 175 claim for purposes of this section. For purposes of this 176 subsection, in medical malpractice actions and in wrongful death 177 actions, the failure of the Department of Financial Services or 178 the appropriate agency to make final disposition of a claim 179 within 90 days after it is filed shall be deemed a final denial 180 of the claim. The statute of limitations for medical malpractice 181 actions and wrongful death actions is tolled as to all 182 prospective defendants for the period of time taken by the 183 Department of Financial Services or the appropriate agency to 184 deny the claim. The claimant has 60 days from the date of the 185 Department of Financial Services or the appropriate agencys 186 final disposition of a claim or the date at which final denial 187 of the claim is deemed to have occurred, or the remainder of the 188 period of the statute of limitations, whichever is greater, 189 within which to file suit. The provisions of this subsection do 190 not apply to such claims as may be asserted by counterclaim 191 pursuant to s. 768.14. 192 (14)Every claim against the state or one of its agencies 193 or subdivisions for damages for a negligent or wrongful act or 194 omission pursuant to this section shall be forever barred unless 195 the civil action is commenced by filing a complaint in the court 196 of appropriate jurisdiction: 197 (a)Within 2 4 years for an action founded on negligence. 198 (b)Within the limitations provided in s. 768.31(4) for an 199 action for contribution. 200 (c)Within the limitations provided in s. 95.11(4) for an 201 action for damages arising from medical malpractice or wrongful 202 death. 203 (d)At any time for an action arising from acts 204 constituting a violation of s. 794.011 involving a victim who 205 was younger than 16 years of age pursuant to s. 95.11(9). 206 (e)Within 4 years for any other action not specified in 207 this subsection after such claim accrues; except that an action 208 for contribution must be commenced within the limitations 209 provided in s. 768.31(4), and an action for damages arising from 210 medical malpractice or wrongful death must be commenced within 211 the limitations for such actions in s. 95.11(4). 212 Section 3.Sections 45.061, 110.504, 111.071, 125.01015, 213 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 214 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 215 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 216 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 217 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 218 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 219 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 220 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 221 1006.24, and 1006.261, Florida Statutes, are reenacted for the 222 purpose of incorporating the amendments made by this act to s. 223 768.28, Florida Statutes, in references thereto. 224 Section 4.This act applies to claims accruing on or after 225 October 1, 2024. 226 Section 5.This act shall take effect October 1, 2024.