Florida Senate - 2024 CS for CS for SB 472 By the Committees on Appropriations; and Governmental Oversight and Accountability; and Senators Brodeur and Rouson 576-03645-24 2024472c2 1 A bill to be entitled 2 An act relating to suits against the government; 3 amending s. 768.28, F.S.; increasing the statutory 4 limits on liability for tort claims against the state 5 and its agencies and subdivisions; prohibiting 6 insurance policies from placing conditions for payment 7 upon the enactment of a claim bill; authorizing a 8 subdivision of the state to settle a claim in excess 9 of the statutory limit without further action by the 10 Legislature regardless of insurance coverage limits; 11 prohibiting a party from lobbying against any agreed 12 upon settlement brought to the Legislature as a claim 13 bill; specifying that the limitations in effect on the 14 date when the claim incident occurred apply to a 15 settled claim; requiring the Department of Financial 16 Services, beginning on a specified date and every 5 17 years thereafter, to adjust the limitations of 18 liability for claims, not to exceed a certain 19 percentage for each such adjustment; revising the 20 period within which certain claims must be presented 21 to certain entities; revising exceptions relating to 22 instituting actions on tort claims against the state 23 or one of its agencies or subdivisions; revising the 24 period after which the failure of certain entities to 25 make final disposition of a claim shall be deemed a 26 final denial of the claim for certain purposes; 27 revising the statute of limitations for tort claims 28 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.Subsection (5), paragraphs (a) and (d) of 49 subsection (6), and subsection (14) of section 768.28, Florida 50 Statutes, are amended to read: 51 768.28Waiver of sovereign immunity in tort actions; 52 recovery limits; civil liability for damages caused during a 53 riot; limitation on attorney fees; statute of limitations; 54 exclusions; indemnification; risk management programs. 55 (5)(a)The state and its agencies and subdivisions shall be 56 liable for tort claims in the same manner and to the same extent 57 as a private individual under like circumstances, but liability 58 shall not include punitive damages or interest for the period 59 before judgment. Neither the state nor its agencies or 60 subdivisions shall be liable to pay a claim or a judgment by any 61 one person which exceeds the sum of $400,000 $200,000 or any 62 claim or judgment, or portions thereof, which, when totaled with 63 all other claims or judgments paid by the state or its agencies 64 or subdivisions arising out of the same incident or occurrence, 65 exceeds the sum of $600,000 $300,000. However, a judgment or 66 judgments may be claimed and rendered in excess of these amounts 67 and may be settled and paid pursuant to this act up to $400,000 68 or $600,000 $200,000 or $300,000, as the case may be; and that 69 portion of the judgment that exceeds these amounts may be 70 reported to the Legislature, and but may be paid in part or in 71 whole only by further act of the Legislature. 72 (b)Notwithstanding the limited waiver of sovereign 73 immunity provided in paragraph (a): 74 1.herein, The state or an agency or subdivision thereof 75 may agree, within the limits of insurance coverage provided, to 76 settle a claim made or a judgment rendered against it in excess 77 of the waiver provided in paragraph (a) without further action 78 by the Legislature. 79 2.A subdivision of the state may agree to settle a claim 80 made or a judgment rendered against it in excess of the waiver 81 provided in paragraph (a) without further action by the 82 Legislature. 83 84 However, but the state or an agency or subdivision thereof shall 85 not be deemed to have waived any defense of sovereign immunity 86 or to have increased the limits of its liability as a result of 87 its obtaining insurance coverage for tortious acts in excess of 88 the $200,000 or $300,000 waiver provided in paragraph (a). 89 However, a party may not lobby against any agreed upon 90 settlement brought to the Legislature as a settled claim bill 91 above. An insurance policy may not condition the payment of 92 benefits, in whole or in part, on the enactment of a claim bill. 93 (c)The limitations of liability set forth in this 94 subsection shall apply to the state and its agencies and 95 subdivisions whether or not the state or its agencies or 96 subdivisions possessed sovereign immunity before July 1, 1974. 97 (d)(b)A municipality has a duty to allow the municipal law 98 enforcement agency to respond appropriately to protect persons 99 and property during a riot or an unlawful assembly based on the 100 availability of adequate equipment to its municipal law 101 enforcement officers and relevant state and federal laws. If the 102 governing body of a municipality or a person authorized by the 103 governing body of the municipality breaches that duty, the 104 municipality is civilly liable for any damages, including 105 damages arising from personal injury, wrongful death, or 106 property damages proximately caused by the municipalitys breach 107 of duty. The sovereign immunity recovery limits in paragraph (a) 108 do not apply to an action under this paragraph. 109 (e)When determining liability limits for a claim, the 110 limitations of liability in effect on the date when the claim 111 incident occurred apply to the settled claim. 112 (f)Beginning July 1, 2029, and on July 1 every 5 years 113 thereafter, the Department of Financial Services shall adjust 114 the limitations of liability in this subsection to reflect 115 changes in the Consumer Price Index for the Southeast or a 116 successor index as calculated by the United States Department of 117 Labor, not to exceed 3 percent for any such adjustment. 118 (6)(a)An action may not be instituted on a claim against 119 the state or one of its agencies or subdivisions unless the 120 claimant presents the claim in writing to the appropriate 121 agency, and also, except as to any claim against a municipality, 122 county, or the Florida Space Authority, presents such claim in 123 writing to the Department of Financial Services, within 18 124 months 3 years after such claim accrues and the Department of 125 Financial Services or the appropriate agency denies the claim in 126 writing; except that, if: 127 1.Such claim is for contribution pursuant to s. 768.31, it 128 must be so presented within 6 months after the judgment against 129 the tortfeasor seeking contribution has become final by lapse of 130 time for appeal or after appellate review or, if there is no 131 such judgment, within 6 months after the tortfeasor seeking 132 contribution has either discharged the common liability by 133 payment or agreed, while the action is pending against her or 134 him, to discharge the common liability; or 135 2.Such action arises from a violation of s. 794.011 136 involving a victim who was younger than 16 years of age at the 137 time of the act, the claimant may present the claim in writing 138 at any time pursuant to s. 95.11(9) is for wrongful death, the 139 claimant must present the claim in writing to the Department of 140 Financial Services within 2 years after the claim accrues. 141 (d)For purposes of this section, complete, accurate, and 142 timely compliance with the requirements of paragraph (c) shall 143 occur prior to settlement payment, close of discovery or 144 commencement of trial, whichever is sooner; provided the ability 145 to plead setoff is not precluded by the delay. This setoff shall 146 apply only against that part of the settlement or judgment 147 payable to the claimant, minus claimants reasonable attorneys 148 fees and costs. Incomplete or inaccurate disclosure of unpaid 149 adjudicated claims due the state, its agency, officer, or 150 subdivision, may be excused by the court upon a showing by the 151 preponderance of the evidence of the claimants lack of 152 knowledge of an adjudicated claim and reasonable inquiry by, or 153 on behalf of, the claimant to obtain the information from public 154 records. Unless the appropriate agency had actual notice of the 155 information required to be disclosed by paragraph (c) in time to 156 assert a setoff, an unexcused failure to disclose shall, upon 157 hearing and order of court, cause the claimant to be liable for 158 double the original undisclosed judgment and, upon further 159 motion, the court shall enter judgment for the agency in that 160 amount. Except as provided otherwise in this subsection, the 161 failure of the Department of Financial Services or the 162 appropriate agency to make final disposition of a claim within 4 163 6 months after it is filed shall be deemed a final denial of the 164 claim for purposes of this section. For purposes of this 165 subsection, in medical malpractice actions and in wrongful death 166 actions, the failure of the Department of Financial Services or 167 the appropriate agency to make final disposition of a claim 168 within 90 days after it is filed shall be deemed a final denial 169 of the claim. The statute of limitations for medical malpractice 170 actions and wrongful death actions is tolled as to all 171 prospective defendants for the period of time taken by the 172 Department of Financial Services or the appropriate agency to 173 deny the claim. The claimant has 60 days from the date of the 174 Department of Financial Services or the appropriate agencys 175 final disposition of a claim or the date at which final denial 176 of the claim is deemed to have occurred, or the remainder of the 177 period of the statute of limitations, whichever is greater, 178 within which to file suit. The provisions of this subsection do 179 not apply to such claims as may be asserted by counterclaim 180 pursuant to s. 768.14. 181 (14)Every claim against the state or one of its agencies 182 or subdivisions for damages for a negligent or wrongful act or 183 omission pursuant to this section shall be forever barred unless 184 the civil action is commenced by filing a complaint in the court 185 of appropriate jurisdiction: 186 (a)Within 2 4 years for an action founded on negligence. 187 (b)Within the limitations provided in s. 768.31(4) for an 188 action for contribution. 189 (c)Within the limitations provided in s. 95.11(4) for an 190 action for damages arising from medical malpractice or wrongful 191 death. 192 (d)At any time for an action arising from acts 193 constituting a violation of s. 794.011 involving a victim who 194 was younger than 16 years of age pursuant to s. 95.11(9). 195 (e)Within 4 years for any other action not specified in 196 this subsection after such claim accrues; except that an action 197 for contribution must be commenced within the limitations 198 provided in s. 768.31(4), and an action for damages arising from 199 medical malpractice or wrongful death must be commenced within 200 the limitations for such actions in s. 95.11(4). 201 Section 2.Sections 45.061, 110.504, 111.071, 125.01015, 202 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 203 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 204 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 205 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 206 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 207 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 208 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 209 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 210 1006.24, and 1006.261, Florida Statutes, are reenacted for the 211 purpose of incorporating the amendments made by this act to s. 212 768.28, Florida Statutes, in references thereto. 213 Section 3.This act applies to claims accruing on or after 214 October 1, 2024. 215 Section 4.This act shall take effect October 1, 2024.