The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/CS/SB 472
INTRODUCER: Rules Committee; Appropriations Committee; Governmental Oversight and
Accountability Committee; and Senator Brodeur and others
SUBJECT: Suits Against the Government
DATE: February 27, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McVaney GO Fav/CS
2. Sanders Sadberry AP Fav/CS
3. Harmsen Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 472 increases the cap on the payment of judgments against government entities
from $200,000 to $300,000 per individual, and from $300,000 to $500,000 per instance. The bill
provides for the annual adjustment of the cap to reflect changes in the Consumer Price Index,
beginning on July 1, 2029, recalculated every five years thereafter, and is not to exceed three
percent for any adjustment.
The bill allows local government entities to settle a claim in any amount without the approval of
a claim bill by the Legislature. If a state agency agrees to settle a claim or has a judgment
rendered against it, the State agency may pay the amount in excess of the waiver of sovereign
immunity and any insurance coverage, only by seeking excess payment from the Legislature
through a claim bill.
The bill reduces from 3 years to 18 months the time allotted for pre-suit notice to the state, its
agency, or a subdivision thereof, and also reduces the duration that entity has to review the notice
from 6 months to 4 months.
The bill removes the statute of limitations and statute of repose for civil actions against state
entities where the plaintiff in a sexual battery matter was younger than 16 years old at the time of
the injury. The bill also reduces the statute of limitations for a negligence claim against the State,
its agency, or a subdivision thereof from 4 years to 2 years.
REVISED: BILL: CS/CS/CS/SB 472 Page 2
The bill will likely have an indeterminate, significant negative fiscal impact on state and local
governments. See Section V. Fiscal Impact Statement.
The bill takes effect October 1, 2024, and applies to any claim that accrues on or after this date
II. Present Situation:
Presuit Procedures for a Claim against the Government
Before a claimant files a lawsuit against a government entity, the claimant must present the claim
in writing to the government entity within a time period prescribed by law, which is generally
3 years.
1
If the claim is brought against the State, the claimant must also present the claim to the
Department of Financial Services (DFS). The government entity generally then has 6-months to
review the claim. If the government entity does not dispose of the claim within that 6-month
period, the claimant may generally proceed with the lawsuit.
2
Sovereign Immunity
Sovereign immunity is “[a] government’s immunity from being sued in its own courts without its
consent.”
3
The doctrine had its origin with the judge-made law of England. The basis of the
existence of the doctrine of sovereign immunity in the United States was explained as follows:
A sovereign is exempt from suit, not because of any formal conception or
obsolete theory, but on the logical and practical ground that there can be
no legal right as against the authority that makes the law on which the
right depends.
4
Article X, s. 13 of the Florida Constitution authorizes the Legislature to enact laws that permit
suits against the State and its subdivisions, thereby waiving sovereign immunity. Currently,
Florida law allows tort lawsuits against the State and its subdivisions
5
for damages that result
from the negligence of government employees acting in the scope of their employment, but
limits payment of judgments to $200,000 per person and $300,000 per incident.
6
This liability
exists only where a private person would be liable for the same conduct.
7
Harmed persons who
seek to recover amounts in excess of these limits may request that the Legislature enact a claim
bill to appropriate the remainder of their court-awarded judgment.
8
Article VII, s. 1(d) of the
State Constitution prohibits funds from being drawn from the State Treasury except in pursuance
1
See s. 768.28(6)(a), F.S.
2
See s. 768.28(6)(d), F.S.
3
BLACK’S LAW DICTIONARY (11th ed. 2019).
4
Cauley v. City of Jacksonville, 403 So. 2d 379, 381 (Fla. 1981) (quoting Kawananakoa v. Polyblank, 205 U.S. 349, 353
(1907).
5
Section 768.28(2), F.S., defines “state agencies or subdivisions” to include “executive departments, the Legislature, the
judicial branch (including public defenders), and the independent establishments of the state, including state university
boards of trustees; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state,
counties, or municipalities, including the Florida Space Authority.”
6
Section 768.28, F.S.
7
Section 768.28(1), F.S.
8
Section 768.28(5)(a), F.S. See also, s. 11.066, F.S., which states that state agencies are not required to pay monetary
damaged under a court’s judgment except pursuant to an appropriation made by law. BILL: CS/CS/CS/SB 472 Page 3
of an appropriation made by law. However, local governments and municipalities are not subject
to this provision, and therefore may appropriate their local funds according to their processes.
History of Florida Sovereign Immunity Law
Florida has adopted the common law of England as it existed on July 4, 1776.
9
This adoption of
English common law includes the doctrine of sovereign immunity. The doctrine of sovereign
immunity was in existence centuries before the Declaration of Independence.
10
The Legislature was first expressly authorized to waive the state’s sovereign immunity under
s. 19, Art. IV of the 1868 Florida Constitution.
11
When the Florida Constitution was amended
in 1968, it again expressly authorized the Legislature to waive the State’s sovereign immunity
under s. 13, Art. X.
12
Although the first general waiver of the State’s sovereign immunity was not adopted until 1969,
“one . . . could always petition for legislative relief by means of a claims bill.”
13
The first claim
bill was passed by the Legislative Council of the Territory of Florida in 1833.
14
The claim bill
authorized payment to a person who supplied labor and building materials for the first permanent
capitol building.
15
The 1969 Legislature enacted s. 768.15, F.S., the State’s first general waiver of sovereign
immunity,
16
which expired after one year.
17
In 1973, the Legislature again adopted a law that
waived the State’s sovereign immunity.
18
The statute, s. 768.28, F.S., was modeled after the
Federal Tort Claims Act and remains substantially the same today.
Under s. 768.28(5), F.S. (1973), the State’s ability to pay a tort judgment was limited to
$50,000 per person and $100,000 per incident. In 1981, the Legislature increased the amount of
damages that could be paid to $100,000 per person and $200,000 per incident.
19
In 2010, the
Legislature increased the limits to $200,000 per person and $300,000 per incident.
20
Attorney
fees have been limited to 25 percent of the proceeds of judgments or settlements since 1979.
21
9
Section 2.01, F.S. English common law that is inconsistent with state or federal law is not included.
10
North Carolina Dept. of Transp. v. Davenport, 432 S.E.2d 303, 305 (N.C. 1993).
11
FLA. CONST. Art. IV, Section 19 (1868), states: “Provision may be made by general law for bringing suit against the State
as to all liabilities now existing or hereafter originating.”
12
FLA. CONST. Art. X, s. 13 states: “Provision may be made by general law for bringing suit against the state as to all
liabilities now existing or hereafter originating.”
13
Cauley, 403 So. 2d at note 5.
14
D. Stephen Kahn, Legislative Claim Bills: A Practical Guide to a Potent(ial) Remedy, THE FLORIDA BAR JOURNAL, 23
(April 1988).
15
Id.
16
Chapter 69-116, Laws of Fla.
17
Chapter 69-357, Laws of Fla.
18
Chapter 73-313, Laws of Fla.
19
Chapter 81-317, Laws of Fla.
20
Chapter 2010-26, Laws of Fla.
21
Section 768.28(8), F.S. BILL: CS/CS/CS/SB 472 Page 4
Statutory Waivers of Sovereign Immunity
Section 768.28(1), F.S., allows tort lawsuits to be filed against the State and its agencies and
subdivisions for damages resulting from the negligence of government employees acting in the
scope of employment. This liability exists only where a private person would be liable for the
same conduct. Section 768.28, F.S., applies only to “injury or loss of property, personal injury,
or death caused by the negligent or wrongful act or omission of any employee of the agency or
subdivision while acting within the scope of the employee’s office or employment ....”
22
Section 768.28(5), F.S., caps tort recovery from a governmental entity at $200,000 per person
and $300,000 per accident. Although a court may award a judgment in excess of these statutory
limits, a claimant cannot collect more than provided for in statute without passage of a special
claim bill passed by the legislature.
23
Individual government employees, officers, or agents are immune from suit or liability for
damages caused by any action taken in the scope of employment unless the damages result from
the employee’s bad faith, malicious purpose, or wanton and willful disregard from human rights,
safety, or property.
24
A government entity is not liable for any damages resulting for actions by
an employee outside the scope of his or her employment and is not liable for damages resulting
from actions committed by the employee in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard for human rights, safety, or property.
25
Damages and Liability Caps
Generally, damages are of two kinds: compensatory and punitive. Compensatory damages are
awarded as compensation for the loss sustained to make the party whole, insofar as that is
possible. They arise from actual and indirect pecuniary loss. Punitive damages are the payment
that a defendant is ordered to pay on top of compensatory damages and are often awarded when
compensatory damages are deemed insufficient.
26
Punitive damages are designed to punish
defendants whose conduct is considered grossly negligent or intentional.
27
Section 768.28, F.S.,
does not allow for the recovery of punitive damages, but only for the recovery of compensatory
damages.
The liability caps in s. 768.28(5), F.S., of $200,000 per person and $300,000 per incident, apply
to “all of the elements of the monetary award to a plaintiff against a sovereignly immune entity.”
In other words, a plaintiff’s entire recovery, including damages, back pay, attorney fees, and any
other costs, are limited by the caps in s. 768.28, F.S.
22
City of Pembroke Pines v. Corrections Corp. of America, Inc., 274 So. 3d 1105, 1112 (Fla. 4
th
DCA 2019) (quoting
s. 768.28(1), F.S.).
23
Breaux v. City of Miami Beach, 899 So. 2d 1059 (Fla. 2005).
24
Section 768.28(9)(a), F.S.
25
Id.
26
Investopedia.com, What are Punitive Damages?, https://www.investopedia.com/terms/p/punitive-
damages.asp#:~:text=Punitive%20damages%20are%20legal%20recompense,considered%20grossly%20negligent%20or%20
intentional (last visited Feb. 14, 2024).
27
Id. BILL: CS/CS/CS/SB 472 Page 5
Claim Bill Process
“A claim bill is not an action at law, but rather a legislative measure that directs the Chief
Financial Officer of Florida, or if appropriate, a unit of local government, to pay a specific sum
of money to a claimant to satisfy an equitable or moral obligation.”
28
Persons who wish to seek the payment of claims in excess of the statutory cap must have a state
legislator introduce a claim bill in the Legislature, which must pass both houses. Once a claim
bill is filed, the presiding officer of each house of the Legislature may refer the bill to a Special
Master,
29
as well as to one or more legislative committees, for review. Senate and House Special
Masters typically hold a quasi-judicial, de novo
30
hearing to determine whether the elements of
negligence have been satisfied: duty, breach, causation, and damages.
31
The amount awarded by the Legislature in a claim bill is based on the Legislature’s concept of
fair treatment of a person who has been injured or damaged but who is without a complete
judicial remedy or who is not otherwise compensable.
32
“Unlike civil judgments, private relief
acts are not obtainable by right upon the claimant’s proof of his entitlement. Private relief acts
are granted strictly as a matter of legislative grace.”
33
The beneficiary of a claim bill recovers by its enactment, regardless of whether the governmental
tortfeasor purchased liability insurance to pay an excess judgment.
34
However, where the
governmental tortfeasor has liability insurance above the statutory cap, and the claimant receives
compensation above that statutory cap through a claim bill, the claim bill is paid with funds of
the insured, not general revenue.
35
28
Wagner v. Orange Cty., 960 So. 2d 785, 788 (Fla. 5th DCA 2007).
29
The Florida Bar defines a Special Master as “adjuncts of the court who exercise limited judicial authority and appointed by
the court to perform specific tasks.” The Florida Bar Journal, Utilizing “Special Masters” in Florida: Unanswered
Questions, Practical Considerations, and the Order of Appointment, Vol. 18, No. 9 (Oct. 2007), p.12,
https://www.floridabar.org/the-florida-bar-journal/utilizing-special-masters-in-florida-unanswered-questions-practical-
considerations-and-the-order-of-appointment/ (last visited Feb. 8, 2024). See also, Cornell Law School, Legal Information
Institute, Special Master, https://www.law.cornell.edu/wex/special_master (last visited Feb. 8, 2024).
30
De novo meaning anew; afresh; a second time. BLACK’S LAW DICTIONARY, (8
th
Ed. 2004), https://www.latestlaws.com/wp-
content/uploads/2015/04/Blacks-Law-Dictionery.pdf (last visited Feb. 8, 2024).
31
See Fla. Senate R. 4.09(3) (2020-2024). See also, Florida Senate, Legislative Claim Bill Manual, 8-10 (Aug. 2023),
available at https://www.flsenate.gov/PublishedContent/ADMINISTRATIVEPUBLICATIONS/leg-claim-manual.pdf (last
visited Feb. 16, 2023).
32
Wagner, 960 So. 2d at 788 (citing Kahn, Legislative Claim Bills, Fla. B. Journal (April 1988)).
33
United Servs. Auto. Ass’n v. Phillips, 740 So. 2d 1205, 1209 (Fla. 2d DCA 1999).
34
Servs. Auto Ass'n v. Phillips, 740 So. 2d 1205 (Fla. 2d DCA 1999).
35
Fla. Mun. Ins. Trust v. Village of Golf, 850 So. 2d 544, 548 (Fla. 4th DCA 2003), citing Bonvento v. Bd. of Pub.
Instruction, 194 So. 2d 605 (Fla. 1967). BILL: CS/CS/CS/SB 472 Page 6
The following table represents the annual summary of all claim bill activity in the Florida
Legislature from 2019-2023:
Session Year Total Claims
Filed
Number of
Claims that
Became Law
Total Dollar
Amount
Claimed
Total Dollar
Amount Paid
2019 19 5 $30,209,967 $4,000,000
2020 15 2 $59,555,928 $6,650,000
2021 13 2 $46,099,864 $2,800,000
2022 18 5 $43,305,151 $2,297,500
2023 16 8 $54,120,900 $20,112,000
Division of Risk Management
Effect of Insurance Coverage on Damages Cap
A government entity may, without a claim bill, settle a claim against it for an amount above the
caps in s. 768.28, F.S., if that amount is within the limits of insurance coverage.
36
Pre-Suit Notice and Statutes of Liability for Claims Against the State
A claimant must provide the State notice of his or her claim within specific notice periods prior
to his or her attempt to file a civil action against the State in court.
37
Generally, a claimant must
give pre-suit notice of his or her intent to institute a claim against the state or one of its agencies
within 3 years after the claim accrues.
38
However, claims based on a claim on wrongful death
must be presented to the State within 2 years after the claim accrues.
39
Claims for contribution
based on a joint and severable claim made pursuant to s. 768.31, F.S., must be presented within 6
months after either the underlying judgment is made final, a claimant makes a payment based on
a settlement, or a claimant takes some other action that constitutes an attempt to discharge the
common liability.
40
The State must make a final determination whether to deny or settle the
claim before the claimant may bring a civil action in court—the State must issue this
determination within 6 months after its receipt of the claimant’s pre-suit notice, or else the claim
is automatically deemed denied, and the claimant may then move forward with a civil action.
41
A
shorter, 90-day review period applies to medical malpractice and wrongful death actions; the
claimant’s statute of limitations for filing a civil action based on these specific underlying claims
is tolled during the State’s review.
42
A claimant that seeks damages pursuant to s. 768.28, F.S., must file an action based on the
state’s negligent or wrongful act or omission within 4 years after the claim accrues. However, a
36
Michigan Millers Mut. Ins. Co. v. Burke, 607 So. 2d 418, 421-22 (Fla. 1992); Section 768.28(5), F.S.
37
Section 768.28(6)(b), F.S.
38
Section 768.28(6)(a), F.S. This pre-suit notice requirement does not apply to claims against a municipality, county, or the
Florida Space Authority.
39
Section 768.28(6)(a)2., F.S.
40
Section 768.28(6)(a)1., F.S.
41
Section 768.28(6)(d), F.S.
42
Id. BILL: CS/CS/CS/SB 472 Page 7
separate statute of limitation applies where the claimant seeks contribution for damages or for a
matter involving medical malpractice or wrongful death.
43
Sexual Battery on a Person Under 16
Section 95.11, F.S., provides statutes of limitation for various types of civil actions. In 2010, the
Legislature amended s. 95.11, F.S., to remove any statute of limitations applying to a civil action
against a private entity for sexual battery if the victim was under 16 at the time of the crime.
44
The Legislature provided, however, that this amendment would not resuscitate any civil claims
that were already barred by the statute of limitations at the time.
45
Cost of Florida’s Waiver of Sovereign Immunity
The exact cost of the State’s waiver of sovereign immunity under s. 768.28, F.S., is unknown.
No centralized location exists for local government entities, such as cities, counties, school
boards, sheriff’s offices, special districts, and other entities to record the value of the total claims
paid under the current sovereign immunity waiver. Information documenting the cost of the
sovereign immunity waiver to state government entities is available from the Division of Risk
Management (Division). The Division provides general liability insurance to state agencies up to
the amount of the sovereign immunity waiver.
46
The Division also settles and defends tort suits
filed against the agencies.
In Fiscal Year 2021-2022, the Division paid $7,637,712 for the resolution of 2,080 general
liability claims.
47
Additionally, the Division provides auto liability insurance to state agencies for
claims arising out of the use of state vehicles. In Fiscal Year 2021-22, the Division
paid $6,691,380 for the resolution of 472 automobile liability claims.
48
Sovereign Immunity in Other Jurisdictions
At least 27 other state legislatures have placed monetary caps on recovery from actions in tort
against their state or political subdivisions:
Colorado: $350,000 per person; $990,000 per occurrence;
49
Georgia: One million dollars per person; three million dollars per occurrence;
50
Idaho: $500,000 per occurrence, regardless of the number of people, unless the government
is insured above the limit;
51
43
Section 95.11(4), F.S., generally requires a claim based on wrongful death or medical malpractice to be filed within 2 years
of the claims accrual.
44
Ch. 2010-54, s. 1, Laws of Fla.; s. 95.11(9), F.S.
45
Id. (“This subsection applies to any such action other than one which would have been time barred on or before
July 1, 2010”).
46
Section 284.30, F.S.
47
Department of Financial Services, Division of Risk Management, Fiscal Year 2022 Annual Report, 8-9 (2022), available at
https://www.myfloridacfo.com/docs-sf/risk-management-libraries/risk-documents/annual-reports/risk-mgmt-annual-report-
2022---final.pdf?sfvrsn=59248690_2 (last visited Feb. 16, 2023).
48
Id.
49
Colo. Rev. Stat. §24-10-114.
50
Ga. Code §50-21-29(a)-(b)(1).
51
Idaho Code §6-926. BILL: CS/CS/CS/SB 472 Page 8
Illinois: $2,000,000;
52
Indiana: $700,000 per person; five million dollars per occurrence;
53
Kanas: $500,000 per occurrence;
54
Louisiana: $500,000 per occurrence;
55
Maine: $400,000 per occurrence;
56
Maryland: $400,000 per person; $890,000 per occurrence;
57
Massachusetts: $100,000;
58
Minnesota: $500,000 per person; $1,500,000 per occurrence;
59
Mississippi: $500,000;
60
Missouri: $300,000 per person and two million dollars per occurrence;
61
Montana: $750,000 per claim and $1.5 million per occurrence;
62
New Hampshire: $475,000 per claimant and $3.75 million per occurrence;
63
New Mexico: $200,000 per claim of property damage; $300,000 per claim of medical
expenses; $400,000 for claims other than property damages or medical expenses; all claims
limited to $750,000 per occurrence;
64
North Carolina: one million dollars per occurrence;
65
North Dakota: $375,000 per person; one million dollars per occurrence;
66
Oklahoma: $125,000 per person, with higher limits for specific categories; one million
dollars per occurrence;
67
Pennsylvania: $250,000 per person; one million dollars per occurrence;
68
Rhode Island: $100,000;
69
South Carolina: $300,000 per person; $600,000 per occurrence;
70
Tennessee: $300,000 per person; one million dollars per occurrence;
71
Texas: $250,000 per person; $500,000 per occurrence ($100,000 per claim of destruction of
personal property);
72
52
Ill. Ann. Stat. ch. 705, §505/8.
53
Ind. Code §34-13-3-4.
54
Kan. Stat. Ann. §75-6105.
55
La. Rev. Stat. Ann. §13:5106.
56
Me. Rev. Stat. Ann. tit. 14, §8105.
57
Md. State Government Code Ann. §12-104(a)(2).
58
Mass. Gen. Laws Ann. ch. 258, §2.
59
Minn. Stat. Ann. §3.736(4).
60
Miss. Code Ann. 11-46-15.
61
Mo. Ann. Stat. §537.610.
62
Mont. Code. Ann. §2-9-108.
63
N.H. Rev. Stat. Ann. §541-B:14.
64
N.M. Stat. Ann. §41-4-19.
65
N.C. Gen. Stat. §143-299.2.
66
N.D. Cent. Code S32-12.2-02.
67
Okla. Stat. tit. 51, §154.
68
Pa. Cons. Stat. Ann. Tit. 42, §8528.
69
R.I. Gen. Laws §9-31-2.
70
S.C. Code Ann. §15-78-120.
71
Tenn. Code Ann. §9-8-307.
72
Tex. Civ. Prac. & Rem. Code Ann. §101.023. BILL: CS/CS/CS/SB 472 Page 9
Utah: $233,600 for property damage; $583,900 for personal injury person; three million
dollars per occurrence;
73
Vermont: $500,000 per person; two million dollars per occurrence; and
74
Virginia: $100,000.
75
III. Effect of Proposed Changes:
Liability Caps
The bill amends s. 786.28, F.S., to increase the limits of the waiver of sovereign immunity for a
claim made against the State and its agencies and subdivisions from $200,000 to $300,000 per
person, and from $300,000 to $500,000 per incident or occurrence. Beginning July 1, 2025, the
bill provides for the adjustment of the cap every five years to reflect changes in the Southeast
Consumer Price Index or a successor index as calculated by the U.S. Department of Labor. A
claim’s liability limits will be determined on the date that the claim incident occurred.
Settlement in Excess of Liability Cap
The bill allows a subdivision of the State, but not the State or an agency, to settle a claim in any
amount without approval of a claim bill by the Legislature. Under current law, amounts that
exceed the sovereign immunity caps may be paid without approval of the Legislature only from
the proceeds of an insurance policy.
76
This provision therefore allows a local government to pay a settled amount in excess of the
sovereign immunity caps out of its own coffers, or through its insurance coverage. A state entity,
however, is limited in its ability to pay above the sovereign immunity caps by either its insurance
policy limit or a legislative appropriation resulting from the claim bill process.
77
Additionally, the bill prohibits a party from lobbying against any agreed upon settlement brought
to the Legislature in the claims bill process and prohibits an insurance company from placing any
conditions on the payment of benefits on the enactment of a claim bill.
78
Pre-suit Notice and Statutes of Limitation
The bill reduces the pre-suit notice timeframe from 3 years to 18 months, therefore requiring that
a claimant provide quicker notice to the State, or one of its agencies or subdivisions than
required under current law. The bill also reduces the Department of Financial Services’ (DFS) or
appropriate agency’s allotted time to review a claim in the pre-suit notice phase from 6-months
73
Utah Code. Ann. §63G-7-604.
74
Vt. Stat. Ann. tit. 12, §5601.
75
Va. Code §8.01-195.3.
76
“No claims bill is necessary if excess insurance is purchased and the plaintiffs find it necessary to proceed directly against
the excess carrier.” Hillsborough Co. v. Star Ins. Co., 847 F.3d 1296, 1306 (2017).
77
See discussion of FLA. CONST. art. VII, s. 1(d), infra.
78
This provision will likely prevent inclusion of contractual provisions that bar recovery for claimants pursuant to an
insurance policy by, e.g., requiring the claimant to first go through the Legislative Claims Bill process before the insurance
policy may be used for payment of a settlement. See, Martin v. Nat’l. Union Fire Ins. Co. of Pittsburgh, Pa,
616 So. 2d 11433, 1145 (Fla. 4
th
DCA 1993). BILL: CS/CS/CS/SB 472 Page 10
to 4-months—during which the statute of limitations is now tolled for all defendants, not just in
cases for medical malpractice and wrongful death actions. After the DFS or state agency issues
its final disposition of a claim, or a final denial of a claim has occurred, the claimant has the
greater of 60 days or the remainder of the period of the applicable statute of limitations to file
suit against the appropriate actor.
The bill imposes varied statutes of limitations (barring the action unless commenced within
prescribed timeframe), requiring a claimant to file a civil action against the State or an agency or
subdivision of as follows:
For claims based on negligence, within 2 years;
For claims of sexual battery where the plaintiff was younger than 16 years old at the time of
the injury (other than one which would have been time barred on or before July 1, 2010),
there is no statute of limitations; and
For any other claim—within 4 years.
The bill takes effect October 1, 2024, and applies to any claim that accrues on or after this date.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties and municipalities to spend funds,
reduce the counties’ or municipalities’ ability to raise revenue, or reduce the percentage
of state tax shared with counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Article I, s. 10 of the State Constitution prohibits laws that impair the obligations of
existing contracts.
79
Because the bill bars insurance conditioned on the payment of a
claim bill, the Legislature should specify that this provision applies to insurance contracts
entered into or renewed on or after the effective date of the bill.
79
Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State, 209 So. 3d 1181, 1190 (Fla. 2017). BILL: CS/CS/CS/SB 472 Page 11
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may enable more individuals harmed by a state entity-tortfeasor to receive larger
payments without the need to pursue a claim bill. The capacity for a larger reward
without a claim bill may incentivize private attorneys to represent such claimants.
C. Government Sector Impact:
The bill has an indeterminate impact to state revenue and expenditures.
The cost to local governments is indeterminate as it relates to its ability to settle claims
without regard to any statutory limit on damages under s. 768.28, F.S. However, local
governments may experience an increase in expenditures due to settlements, awards, and
other legal costs.
By reducing the statute of limitations for suits against the government arising in
negligence, the bill may reduce the number of cases initiated and the potential damages
sought by claimants from the government. Further, by reducing the pre-suit time period
for a government entity or the Department of Financial Services (DFS) to review and
dispose of a claim against the State, the bill may affect the pre-suit settlement process.
By increasing the statute of limitations for sexual battery on a victim under 16, the bill
may increase the number of claims against the government for such sexual battery. The
bill may reduce the workload of the Legislature by reducing the number of claim bills
filed but may also reduce the legislative oversight of claims against local government
entities.
The DFS estimates, in order to establish and maintain a separate section to process the
increased claims and defense attorney billings, the bill will require an additional five
positions, with recurring salaries and benefits cost of $366,455 and nonrecurring costs
of $58,980.
80
The DFS did not include an estimate for rate associated with the requested
positions.
81
The DFS proposes the five positions as follows:
82
80
Department of Financial Services, Senate Bill 472 Agency Analysis at 4 (on file with the Senate Committee on
Appropriations).
81
Id at 4.
82
Id at 4. BILL: CS/CS/CS/SB 472 Page 12
DFS – Division of Risk Management Proposed Staffing to Implement SB 472
Title
Pay
Grade
Class
Code
Salaries Benefits Expenses TR/DMS Total
Records Specialist 15 0130 $35,000 $21,958 $11,436 $360 $68,754
Risk Management
Program Specialist
22 3545 $46,549 $24,408 $11,436 $360 $82,753
Risk Management
Program Specialist
22 3545 $46,549 $24,408 $11,436 $360 $82,753
Risk Management
Program Specialist
22 3545 $46,549 $24,408 $11,436 $360 $82,753
Risk Management
Program
Administrator
424 3546 $75,000 $31,626 $11,436 $360 $118,422
Total $249,647 $116,808 $57,180 $1,800 $453,435
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 768.28 of the Florida Statutes.
The bill reenacts the following sections of the Florida Statutes: 45.061, 110.504, 111.071,
125.01015, 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 284.38,
322.13, 337.19, 341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075, 394.9085, 395.1055,
403.706, 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 456.076, 471.038,
472.006, 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 723.0611, 760.11, 766.1115,
766.112, 768.1335, 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333,
1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS/CS by Rules on February 26, 2024:
The committee substitute:
Increases the statutory caps on liability from $200,000 and $400,000 per
individual/occurrence to $300,000 and $500,000, respectively. This is a decrease
from the bill’s initial proposed increase of $400,000 and $600,000, respectively.
Makes a technical correction, deleting the word “settled” from line 111.
BILL: CS/CS/CS/SB 472 Page 13
CS/CS by Appropriations on February 22, 2024:
The committee substitute:
Restores the home venue provision to current law;
Establishes determination of liability limits for a claim is based on the limitations of
liability in effect when the claim incident occurred versus the date of final judgment;
and
Provides the DFS shall adjust the limitations of liability every 5 years based on the
changes in the Consumer Price Index for the Southeast or a successor index, not to
exceed three percent.
CS by Governmental Oversight and Accountability on January 29, 2024:
The committee substitute:
Abolishes the common law doctrine of “home venue privilege” in relation to
negligence suits against the State.
Allows a subdivision of the state, but not the State or an agency, to agree to settle a
claim in excess of the sovereign immunity cap, and without regard to insurance
coverage limits, without further state action.
Allows the State or an agency to agree to settle a claim pursuant to the sovereign
immunity waiver, and seek excess payment from the Legislature through a claim bill,
or up to the maximum limit of its insurance coverage without further legislative
action.
Prohibits a party from lobbying the Legislature to vote against a claims bill that it
agreed to settle.
Sets the date on which a claim’s liability limits are determined as that on which a
final judgment is entered.
Delays the calculation of an adjusted sovereign immunity cap (based on CPI) to
July 1, 2029, and requires a recalculation every five years.
Requires a claimant to file pre-suit notice of a claim with the appropriate agency no
later than 18 months, rather than three years, after the claim accrues in order to pursue
an action against the State or one of its agencies or subdivisions.
Reduces from six months to four months the general pre-suit statutory timeframe for
a government entity’s review and disposal of a claim.
Tolls the statute of limitations for all defendants, not just those in medical malpractice
and wrongful death actions, for the duration of the Department of Financial Services’
(DFS) or agency’s pre-suit consideration of a claim.
Provides 60 days or the remainder of the statute of limitations, whichever is greater,
from the date on which the DFS or appropriate agency issues a final disposition of a
claim or otherwise is deemed to have issued a final denial, for a claimant to file suit.
Reduces the statute of limitations for filing a claim against a governmental entity for
claims based in negligence from four to two years, but maintains the 4-year statute of
limitations for “any other action not specified.”
Removes the statute of limitations for filing a claim against a governmental entity for
sexual battery of a victim under the age of 16.
Changes the effective date to October 1, 2024, and states that it applies to claims that
accrue on or after that date. BILL: CS/CS/CS/SB 472 Page 14
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.