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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. 768.28, F.S.; increasing the statutory 3
limits on liability for tort claims against the state 4
and its agencies and subdivisions; authorizing a 5
subdivision of the state to settle a claim in excess 6
of the statutory limit without further action by the 7
Legislature regardless of insurance coverage limits; 8
prohibiting an insurance policy from conditioning 9
payment of benefits on the enactment of a claim bill; 10
specifying that the limitations in effect on t he date 11
the claim accrues apply to that claim; revising the 12
period within which certain claims must be presented 13
to certain entities; revising exceptions relating to 14
instituting actions on tort claims against the state 15
or one of its agencies or subdivision s; revising the 16
period after which the failure of certain entities to 17
make final disposition of a claim shall be deemed a 18
final denial of the claim for certain purposes; 19
revising the statute of limitations for tort claims 20
against the state or one of its ag encies or 21
subdivisions and exceptions thereto; providing 22
applicability; amending s. 944.713, conforming 23
provisions to changes made by the act; reenacting ss. 24
45.061(5), 110.504(4), 111.071(1)(a), 125.01015(2)(b), 25
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163.01(3)(h) and (15)(k), 190.043, 213.015( 13), 26
252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 27
322.13(1)(b), 337.19(1), 341.302(17), 351.03(4)(c), 28
373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 29
394.9085(7), 395.1055(10)(g), 403.706(17)(c), 30
409.175(15)(b), s. 409.993(1)(a) and (b), (2)( a), and 31
(3)(a), 420.504(8), 455.221(3), 455.32(5), 456.009(3), 32
456.076(15)(a), 471.038(3), 472.006(11)(b), 33
497.167(7), 513.118(2), 548.046(1), s. 556.106(8), 34
589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c), 35
760.11(5), 766.1115(4), 766.112(2), 768.1355(3) , 36
768.1382(7), 768.295(4), 946.5026, 946.514(3), 37
961.06(5), (6)(a), and (7), 1002.33(12)(h), 38
1002.333(6)(b), 1002.34(17), 1002.351(3)(c), 39
1002.37(2), 1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 40
1006.24(1), and 1006.261(2)(b), F.S., relating to 41
offers of settlement, volunteer benefits, payment of 42
judgments or settlements against certain public 43
officers or employees, office of the sheriff, the 44
Florida Interlocal Cooperation Act of 1969, suits 45
against community development districts, taxpayer 46
rights, liability, tort liability, tort liability, 47
limitation on liability of private landowners whose 48
property is designated as part of the statewide system 49
of greenways and trail, scope and types of coverages, 50
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waiver of sovereign immunity, driver license 51
examiners, suits by and against the Department of 52
Transportation, rail program, railroad -highway grade-53
crossing warning signs and signals, limitation on 54
liability of water management district with respect to 55
areas made available to the public for recreational 56
purposes without charge, limitation on liability of 57
persons making available to public certain areas for 58
recreational purposes without charge, school health 59
services program, general liability coverage, 60
behavioral provider liability, rules and enforcement, 61
local government solid waste responsibilities, 62
licensure of family foster homes, residential child -63
caring agencies, and child -placing agencies, lead 64
agencies and subcontractor liability, the Florida 65
Housing Finance Corporation, legal and investigative 66
services, the Management Privatization Act, legal and 67
investigative services, impaired practitioner 68
programs, the Florida Engineers Management 69
Corporation, the Department of Agriculture and 70
Consumer Services, administrative matters, conduct on 71
premises; refusal of service , physician's attendance 72
at match, liability of the member operator, excavator, 73
and system, creation of certain state forests; naming 74
of certain state forests; Operation Outdoor Freedom 75
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Program, official law enforcement vehicles; motor 76
vehicle insurance re quirements, the Florida Mobile 77
Home Relocation Corporation, administrative and civil 78
remedies; construction, health care providers; 79
creation of agency relationship with governmental 80
contractors, comparative fault, the Florida Volunteer 81
Protection Act, stre etlights, security lights, and 82
other similar illumination, Strategic Lawsuits Against 83
Public Participation (SLAPP), sovereign immunity in 84
tort actions, inmates not state employees, 85
compensation for wrongful incarceration, charter 86
schools, persistently low -performing schools, charter 87
technical career centers, the Florida School for 88
Competitive Academics, the Florida Virtual School, 89
school-year prekindergarten program delivered by 90
private prekindergarten providers, Early learning 91
coalitions, school readiness program provider 92
standards, tort liability; liability insurance, and 93
use of school buses for public purposes, respectively, 94
to incorporate changes made by the act; providing an 95
effective date. 96
97
Be It Enacted by the Legislature of the State of Florida: 98
99
Section 1. Subsection (5), paragraphs (a) and (d) of 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
subsection (6), and subsection (14) of section 768.28, Florida 101
Statutes, are amended to read: 102
768.28 Waiver of sovereign immunity in tort actions; 103
recovery limits; civil liability for damages caus ed during a 104
riot; limitation on attorney fees; statute of limitations; 105
exclusions; indemnification; risk management programs. — 106
(5)(a) The state and its agencies and subdivisions shall 107
be liable for tort claims in the same manner and to the same 108
extent as a private individual under like circumstances, but 109
liability shall not include punitive damages or interest for the 110
period before judgment. Neither the state nor its agencies or 111
subdivisions shall be liable to pay a claim or a judgment that 112
by any one person which exceeds the limits in paragraph (b). 113
(b)1. If the cause of action accrued before October 1, 114
2025, the limitations are as follows: 115
a. For a claim or judgment by any one person, $200,000. 116
b. For multiple claims or judgments, or portions there of, 117
which arise out of the same incident or occurrence, a total of 118
$300,000. 119
2. If the cause of action accrued on or after October 1, 120
2025, but before October 1, 2030, the limitations are as 121
follows: 122
a. For a claim or judgment by any one person, $500,0 00. 123
b. For multiple claims or judgments, or portions thereof, 124
which arise out of the same incident or occurrence, a total of 125
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$1 million. 126
3. If the cause of action accrued on or after October 1, 127
2030, the limitations are as follows: 128
a. For a claim or judgment by any one person, $600,000. 129
b. For multiple claims or judgments, or portions thereof, 130
which arise out of the same incident or occurrence, a total of 131
$1.1 million sum of $200,000 or any claim or judgment, or 132
portions thereof, which, when totaled with all other claims or 133
judgments paid by the state or its agencies or subdivisions 134
arising out of the same incident or occurrence, exceeds the sum 135
of $300,000. 136
(c) However, a judgment or judgments may be claimed and 137
rendered in excess of these amounts and may be settled and paid 138
pursuant to this act up to the limitations provided under 139
paragraph (b) $200,000 or $300,000 , as the case may be; and that 140
portion of the judgment that exceeds these amounts may be 141
reported to the Legislature, and but may be paid in part or in 142
whole only by further act of the Legislature. 143
(d) Notwithstanding the limited waiver of sovereign 144
immunity provided in paragraphs (a) and (b): 145
1. herein, The state or an agency or subdivision thereof 146
may agree, within the limits of ins urance coverage provided, to 147
settle a claim made or a judgment rendered against it in excess 148
of the waiver provided in paragraph (b) without further action 149
by the Legislature. 150
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2. A subdivision of the state may agree to settle a claim 151
made or a judgment r endered against it in excess of the waiver 152
provided in paragraph (b) without further action by the 153
Legislature. 154
155
However, but the state or an agency or subdivision thereof shall 156
not be deemed to have waived any defense of sovereign immunity 157
or to have increased the limits of its liability as a result of 158
its obtaining insurance coverage for tortious acts in excess of 159
the $200,000 or $300,000 waiver provided in paragraph (b). 160
Beginning October 1, 2025, an insurance policy may not be 161
delivered or issued for delivery to the state or any agency or 162
subdivision thereof with a provision that conditions liability 163
coverage or the payment of insurance bene fits, in whole or in 164
part, on the enactment of a claim bill. Any such provision is 165
null and void above. 166
(e) The limitations of liability set forth in this 167
subsection shall apply to the state and its agencies and 168
subdivisions whether or not the state or it s agencies or 169
subdivisions possessed sovereign immunity before July 1, 1974. 170
(f)(b) A municipality has a duty to allow the municipal 171
law enforcement agency to respond appropriately to protect 172
persons and property during a riot or an unlawful assembly bas ed 173
on the availability of adequate equipment to its municipal law 174
enforcement officers and relevant state and federal laws. If the 175
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governing body of a municipality or a person authorized by the 176
governing body of the municipality breaches that duty, the 177
municipality is civilly liable for any damages, including 178
damages arising from personal injury, wrongful death, or 179
property damages proximately caused by the municipality's breach 180
of duty. The sovereign immunity recovery limits in paragraph (b) 181
(a) do not apply to an action under this paragraph. 182
(g) When determining liability limits for a claim, the 183
limitations of liability in effect on the date the claim accrues 184
shall apply to the claim. 185
(6)(a) An action may not be instituted on a claim against 186
the state or one of its agencies or subdivisions unless the 187
claimant presents the claim in writing to the appropriate 188
agency, and also, except as to any claim against a municipality, 189
county, or the Florida Space Authority, presents such claim in 190
writing to the Depar tment of Financial Services, within 18 191
months 3 years after such claim accrues and the Department of 192
Financial Services or the appropriate agency denies the claim in 193
writing; except that, if: 194
1. Such claim is for contribution pursuant to s. 768.31, 195
it must be so presented within 6 months after the judgment 196
against the tortfeasor seeking contribution has become final by 197
lapse of time for appeal or after appellate review or, if there 198
is no such judgment, within 6 months after the tortfeasor 199
seeking contribution has either discharged the common liability 200
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by payment or agreed, while the action is pending against her or 201
him, to discharge the common liability; or 202
2. Such action arises from a violation of s. 794.011 203
involving a victim who was under the age of 1 6 years at the time 204
of the act, the claimant may present the claim in writing at any 205
time. This subparagraph applies to any such action other than an 206
action that would have been time barred on or before October 1, 207
2025 is for wrongful death, the claimant m ust present the claim 208
in writing to the Department of Financial Services within 2 209
years after the claim accrues . 210
(d) For purposes of this section, complete, accurate, and 211
timely compliance with the requirements of paragraph (c) shall 212
occur prior to settl ement payment, close of discovery or 213
commencement of trial, whichever is sooner; provided the ability 214
to plead setoff is not precluded by the delay. This setoff shall 215
apply only against that part of the settlement or judgment 216
payable to the claimant, minus claimant's reasonable attorney 217
attorney's fees and costs. Incomplete or inaccurate disclosure 218
of unpaid adjudicated claims due the state, its agency, officer, 219
or subdivision, may be excused by the court upon a showing by 220
the preponderance of the evidence of the claimant's lack of 221
knowledge of an adjudicated claim and reasonable inquiry by, or 222
on behalf of, the claimant to obtain the information from public 223
records. Unless the appropriate agency had actual notice of the 224
information required to be disclosed by paragraph (c) in time to 225
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assert a setoff, an unexcused failure to disclose shall, upon 226
hearing and order of court, cause the claimant to be liable for 227
double the original undisclosed judgment and, upon further 228
motion, the court shall enter judgment for the agency in that 229
amount. Except as provided otherwise in this subsection, the 230
failure of the Department of Financial Services or the 231
appropriate agency to make final disposition of a claim within 4 232
6 months after it is filed shall be deemed a final denia l of the 233
claim for purposes of this section. For purposes of this 234
subsection, in medical malpractice actions and in wrongful death 235
actions, the failure of the Department of Financial Services or 236
the appropriate agency to make final disposition of a claim 237
within 90 days after it is filed shall be deemed a final denial 238
of the claim. The statute of limitations for medical malpractice 239
actions and wrongful death actions is tolled as to all 240
prospective defendants for the period of time taken by the 241
Department of Financial Services or the appropriate agency to 242
deny the claim. The provisions of this subsection do not apply 243
to such claims as may be asserted by counterclaim pursuant to s. 244
768.14. 245
(14) Every claim against the state or one of its agencies 246
or subdivisions for damages for a negligent or wrongful act or 247
omission pursuant to this section shall be forever barred unless 248
the civil action is commenced by filing a complaint in the court 249
of appropriate jurisdiction : 250
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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) Within 2 4 years for an action founded o n negligence. 251
(b) Within the limitations provided in s. 768.31(4) for an 252
action for contribution. 253
(c) Within the limitations provided in s. 95.11(5) for an 254
action for damages arising from medical malpractice or wrongful 255
death. 256
(d) At any time for an action arising from an act 257
constituting a violation of s. 794.011 involving a victim who 258
was under the age of 16 years at the time of the act. This 259
paragraph applies to any such action other than an action that 260
would have been time barred on or before Octo ber 1, 2025. 261
(e) Within 4 years for any other action not specified in 262
this subsection after such claim accrues; except that an action 263
for contribution must be commenced within the limitations 264
provided in s. 768.31(4), and an action for damages arising fr om 265
medical malpractice or wrongful death must be commenced within 266
the limitations for such actions in s. 95.11(5) . 267
Section 2. Subsection (2) of section 944.713, Florida 268
Statutes, is amended to read: 269
944.713 Insurance against liability. — 270
(2) The contract shall provide for indemnification of the 271
state by the private vendor for any liabilities incurred up to 272
the limits provided under s. 768.28(5). The contract shall 273
provide that the private vendor, or the insurer of the private 274
vendor, is liable to pay any claim or judgment for any one 275
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person which does not exceed the applicable maximum amount 276
provided in s. 768.28(5) the sum of $100,000 or any claim or 277
judgment, or portions thereof, which, when totaled with all 278
other claims or judgments ari sing out of the same incident or 279
occurrence, does not exceed the sum of $200,000 . In addition, 280
the contractor must agree to defend, hold harmless, and 281
indemnify the department against any and all actions, claims, 282
damages and losses, including costs and attorney attorney's 283
fees. 284
Section 3. For the purpose of incorporating the amendment 285
made by this act to section 768.28, Florida Statutes, in a 286
reference thereto, subsection (5) of section 45.061, Florida 287
Statutes, is reenacted to read: 288
45.061 Offers of settlement.— 289
(5) Sanctions authorized under this section may be imposed 290
notwithstanding any limitation on recovery of costs or expenses 291
which may be provided by contract or in other provisions of 292
Florida law. This section shall not be construed to waive the 293
limits of sovereign immunity set forth in s. 768.28. 294
Section 4. For the purpose of incorporating the amendment 295
made by this act to section 768.28, Florida Statutes, in a 296
reference thereto, subsection (4) of section 110.504, Florida 297
Statutes, is reenacted to read: 298
110.504 Volunteer benefits. — 299
(4) Volunteers shall be covered by state liability 300
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protection in accordance with the definition of a volunteer and 301
the provisions of s. 768.28. 302
Section 5. For the purpose of incorporating the amendment 303
made by this act to section 768.28, Florida Statutes, in a 304
reference thereto, paragraph (a) of subsection (1) of section 305
111.071, Florida Statutes, is reenacted to read: 306
111.071 Payment of judgments or settlements against 307
certain public officers or emplo yees.— 308
(1) Any county, municipality, political subdivision, or 309
agency of the state which has been excluded from participation 310
in the Insurance Risk Management Trust Fund is authorized to 311
expend available funds to pay: 312
(a) Any final judgment, including damages, costs, and 313
attorney's fees, arising from a complaint for damages or injury 314
suffered as a result of any act or omission of action of any 315
officer, employee, or agent in a civil or civil rights lawsuit 316
described in s. 111.07. If the civil action aris es under s. 317
768.28 as a tort claim, the limitations and provisions of s. 318
768.28 governing payment shall apply. If the action is a civil 319
rights action arising under 42 U.S.C. s. 1983, or similar 320
federal statutes, payments for the full amount of the judgment 321
may be made unless the officer, employee, or agent has been 322
determined in the final judgment to have caused the harm 323
intentionally. 324
Section 6. For the purpose of incorporating the amendment 325
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made by this act to section 768.28, Florida Statutes, in a 326
reference thereto, paragraph (b) of subsection (2) of section 327
125.01015, Florida Statutes, is reenacted to read: 328
125.01015 Office of the sheriff. — 329
(2) To ensure the successful transfer of the exclusive 330
policing responsibility and authority to the sheriff in a 331
county, as defined in s. 125.011(1), the board of county 332
commissioners shall: 333
(b) After the election of the sheriff is certified: 334
1. Provide funding for all of the necessary staff and 335
office space for the sheriff -elect to establish an independent 336
office of the sheriff, so that the office may effectively 337
operate and perform all of the functions required by general law 338
when the sheriff-elect takes office. 339
2. Provide funding for the sheriff -elect to select any 340
necessary insurances not provided by t he county through the 341
interlocal agreement required under sub -subparagraph 6.d. to 342
allow the sheriff to effectively operate and perform all of the 343
functions required by general law when he or she takes office. 344
3. Provide funding for the sheriff -elect to establish bank 345
and other accounts, as necessary, in his or her official 346
capacity as sheriff, so that such accounts become operational 347
when he or she takes office. 348
4. Unless otherwise transferable based on existing surety 349
bonds for the sheriff's deputies, provide funding for and 350
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facilitate procurement of the required surety bonds for deputy 351
sheriffs pursuant to s. 30.09, so that such bonds are in place 352
when the sheriff-elect takes office. 353
5. Prepare and deliver to the office of the sheriff all 354
documents, property, and other items listed in subsection (4). 355
6. Notwithstanding any provision to the contrary, for a 356
term commencing on January 7, 2025, and ending on or after 357
September 30, 2028, provide the sheriff -elect taking office 358
with, and require the sher iff-elect taking office to use, not 359
less than the substantially and materially same support 360
services, facilities, office space, and information technology 361
infrastructure provided to county offices or departments 362
performing the duties to be performed by the sheriff-elect upon 363
taking office in the 1 -year period before he or she takes 364
office. 365
a. As used in this subparagraph, the term "support 366
services" includes: 367
(I) Property and facilities, and the management and 368
maintenance for such property and facilitie s. 369
(II) Communications infrastructure, including telephone 370
and Internet connectivity. 371
(III) Risk management, including processing, adjusting, 372
and payment of all claims and demands, including those made 373
under s. 768.28. The county shall provide the sher iff with all 374
required general liability, property, and other insurance 375
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coverage through its self -insurance program, a self -insurance 376
risk pool, or commercial insurance. If the county provides 377
insurance through a self -insurance program, the county must also 378
provide the sheriff with commercial stop -loss coverage in an 379
amount and with a self -insured retention agreed upon by the 380
sheriff and the county. 381
(IV) Legal representation and advice through the office of 382
the county attorney for all claims, demands, and causes of 383
action brought against the sheriff, his or her deputies, or 384
other personnel in their official and individual capacities, 385
while acting in their official and individual capacities, 386
including any required outside counsel due to conflicts of 387
interest. This sub-sub-subparagraph does not prohibit the 388
sheriff from employing or retaining his or her own legal 389
representation as he or she deems necessary. 390
(V) Purchasing and procurement services using procedures 391
under the laws and ordinances applicable to t he county for 392
purchases requiring competitive procurement. 393
(VI) Budget and fiscal software and budget development 394
services. 395
(VII) Human resource services, including, but not limited 396
to, facilitation of the hiring process, including employee 397
applicant screening and employee applicant background checks, 398
and employee benefit administration. The county may provide 399
human resource services to the sheriff. However, the sheriff is 400
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the employer of his or her employees, and the sheriff retains 401
full and complete control and authority over the hiring of his 402
or her employees and the terms and conditions of employment, 403
including employee discipline and termination of employment. The 404
provision of human resource services by the county to the 405
sheriff does not create a jo int-employer relationship. The 406
sheriff's employees shall remain members of the county's health 407
insurance and workers' compensation plans for at least the term 408
set forth in this subparagraph. 409
(VIII) Fleet management, including procurement of all 410
vehicles and other mobile assets such as boats and aircraft, and 411
all vehicle repair and maintenance. 412
b. As used in this subparagraph, the term "information 413
technology infrastructure" includes: 414
(I) All hardware, including computers. 415
(II) Budget and fiscal soft ware, including payroll and 416
purchasing software. 417
(III) Computer-aided dispatch. 418
c. Under a cost allocation plan agreed to by the county 419
and the sheriff, the sheriff shall pay the county for such 420
support services and information technology infrastructur e from 421
his or her general fund budget, except for any support services 422
and information technology infrastructure costs that general law 423
otherwise and expressly requires the county to fund outside the 424
sheriff's budget. 425
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d. To satisfy compliance with this subsection and to 426
establish the office of the sheriff in a manner that minimizes 427
unnecessary financial expenditures, the county and the sheriff 428
shall execute an interlocal agreement addressing the 429
requirements of this subsection and other expenditures, 430
including an appropriate phase -in period for identification of 431
the sheriff's assets with the sheriff's markings to minimize the 432
cost to taxpayers. The interlocal agreement shall have a term 433
that ends no earlier than September 30, 2028, and may be 434
amended, renewed, extended, or newly adopted at any time 435
following the expiration or termination of the agreement. After 436
the initial period ending no earlier than September 30, 2028, an 437
interlocal agreement may be entered into between the county and 438
the sheriff which provides for the same or different 439
requirements as set forth in this subsection. 440
Section 7. For the purpose of incorporating the amendment 441
made by this act to section 768.28, Florida Statutes, in a 442
reference thereto, paragraph (h) of subsection (3) and paragraph 443
(k) of subsection (15) of section 163.01, Florida Statutes, are 444
reenacted to read: 445
163.01 Florida Interlocal Cooperation Act of 1969. — 446
(3) As used in this section: 447
(h) "Local government liability pool" means a reciprocal 448
insurer as defined in s. 629.011 or any self -insurance program 449
created pursuant to s. 768.28(16), formed and controlled by 450
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counties or municipalities of this state to provide liability 451
insurance coverage for counties, municipalities, or other public 452
agencies of this state, which pool may contract with other 453
parties for the purpose of providing claims administration, 454
processing, accounting, and other administrative facilities. 455
(15) Notwithstanding any other provision of this section 456
or of any other law except s. 361.14, any public agency of this 457
state which is an electric utility, or any separate legal entity 458
created pursuant to the provisions of this section, the 459
membership of which consists only of electric utilities, and 460
which exercises or proposes to exercise the powers granted by 461
part II of chapter 361, the Joint Power Act, may exercise any or 462
all of the following powers: 463
(k) The limitations on waiver in the provisions of s. 464
768.28 or any other law to the contrary notwithstanding, the 465
Legislature, in accordance with s. 13, Art. X of the State 466
Constitution, hereby declares that any such legal entity or any 467
public agency of this state that participates in any electric 468
project waives its sovereign immunity to: 469
1. All other persons participating therein; and 470
2. Any person in any manner contracting with a legal 471
entity of which any such public agency is a member, with 472
relation to: 473
a. Ownership, operation, or any other activity set forth 474
in sub-subparagraph (b)2.d. with relation to any electric 475
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project; or 476
b. The supplying or purchasing of services, output, 477
capacity, energy, or any combination thereof. 478
Section 8. For the purpose of incorporating the amendment 479
made by this act to section 768.28, Florida Statutes, in a 480
reference thereto, section 190.043, Florida Statut es, is 481
reenacted to read: 482
190.043 Suits against the district. —Any suit or action 483
brought or maintained against the district for damages arising 484
out of tort, including, without limitation, any claim arising 485
upon account of an act causing an injury or loss of property, 486
personal injury, or death, shall be subject to the limitations 487
provided in s. 768.28. 488
Section 9. For the purpose of incorporating the amendment 489
made by this act to section 768.28, Florida Statutes, in a 490
reference thereto, subsection (13) of section 213.015, Florida 491
Statutes, is reenacted to read: 492
213.015 Taxpayer rights. —There is created a Florida 493
Taxpayer's Bill of Rights to guarantee that the rights, privacy, 494
and property of Florida taxpayers are adequately safeguarded and 495
protected during tax assessment, collection, and enforcement 496
processes administered under the revenue laws of this state. The 497
Taxpayer's Bill of Rights compiles, in one document, brief but 498
comprehensive statements which explain, in simple, nontechnical 499
terms, the rights and obligations of the Department of Revenue 500
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and taxpayers. Section 192.0105 provides additional rights 501
afforded to payors of property taxes and assessments. The rights 502
afforded taxpayers to ensure that their privacy and property are 503
safeguarded and protected during tax assessment and collection 504
are available only insofar as they are implemented in other 505
parts of the Florida Statutes or rules of the Department of 506
Revenue. The rights so guaranteed Florida taxpayers in the 507
Florida Statutes and the departme ntal rules are: 508
(13) The right to an action at law within the limitations 509
of s. 768.28, relating to sovereign immunity, to recover damages 510
against the state or the Department of Revenue for injury caused 511
by the wrongful or negligent act or omission of a department 512
officer or employee (see s. 768.28). 513
Section 10. For the purpose of incorporating the amendment 514
made by this act to section 768.28, Florida Statutes, in a 515
reference thereto, section 252.51, Florida Statutes, is 516
reenacted to read: 517
252.51 Liability.—Any person or organization, public or 518
private, owning or controlling real estate or other premises who 519
voluntarily and without compensation, other than payment or 520
reimbursement of costs and expenses, grants a license or 521
privilege or otherwise perm its the designation by the local 522
emergency management agency or use of the whole or any part of 523
such real estate or premises for the purpose of sheltering 524
persons during an actual, impending, mock, or practice 525
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emergency, together with her or his successor in interest, if 526
any, shall not be liable for the death of, or injury to, any 527
person on or about such real estate or premises during the 528
actual, impending, mock, or practice emergency, or for loss of, 529
or damage to, the property of such person, solely by rea son or 530
as a result of such license, privilege, designation, or use, 531
unless the gross negligence or the willful and wanton misconduct 532
of such person owning or controlling such real estate or 533
premises or her or his successor in interest is the proximate 534
cause of such death, injury, loss, or damage occurring during 535
such sheltering period. Any such person or organization who 536
provides such shelter space for compensation shall be deemed to 537
be an instrumentality of the state or its applicable agency or 538
subdivision for the purposes of s. 768.28. 539
Section 11. For the purpose of incorporating the amendment 540
made by this act to section 768.28, Florida Statutes, in a 541
reference thereto, section 252.89, Florida Statutes, is 542
reenacted to read: 543
252.89 Tort liability. —The commission and the committees 544
shall be state agencies, and the members of the commission and 545
committees shall be officers, employees, or agents of the state 546
for the purposes of s. 768.28. 547
Section 12. For the purpose of incorporating the amendment 548
made by this act to section 768.28, Florida Statutes, in a 549
reference thereto, section 252.944, Florida Statutes, is 550
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reenacted to read: 551
252.944 Tort liability. —The commission and the committees 552
are state agencies, and the members of the commission and 553
committees are officers, employees, or agents of the state for 554
the purpose of s. 768.28. 555
Section 13. For the purpose of incorporating the amendment 556
made by this act to section 768.28, Florida Statutes, in a 557
reference thereto, subsection (2) of section 260.01 25, Florida 558
Statutes, is reenacted to read: 559
260.0125 Limitation on liability of private landowners 560
whose property is designated as part of the statewide system of 561
greenways and trails. — 562
(2) Any private landowner who consents to designation of 563
his or her land as part of the statewide system of greenways and 564
trails pursuant to s. 260.016(2)(d) without compensation shall 565
be considered a volunteer, as defined in s. 110.501, and shall 566
be covered by state liability protection pursuant to s. 768.28, 567
including s. 768.28(9). 568
Section 14. For the purpose of incorporating the amendment 569
made by this act to section 768.28, Florida Statutes, in a 570
reference thereto, section 284.31, Florida Statutes, is 571
reenacted to read: 572
284.31 Scope and types of coverages; separa te accounts.—573
The Insurance Risk Management Trust Fund must, unless 574
specifically excluded by the Department of Financial Services, 575
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cover all departments of the State of Florida and their 576
employees, agents, and volunteers and must provide separate 577
accounts for workers' compensation, general liability, fleet 578
automotive liability, federal civil rights actions under 42 579
U.S.C. s. 1983 or similar federal statutes, state agency 580
firefighter cancer benefits payable under s. 112.1816(2), and 581
court-awarded attorney fee s in other proceedings against the 582
state except for such awards in eminent domain or for inverse 583
condemnation or for awards by the Public Employees Relations 584
Commission. Unless specifically excluded by the Department of 585
Financial Services, the Insurance Ri sk Management Trust Fund 586
must provide fleet automotive liability coverage to motor 587
vehicles titled to the state, or to any department of the state, 588
when such motor vehicles are used by community transportation 589
coordinators performing, under contract to the appropriate 590
department of the state, services for the transportation 591
disadvantaged under part I of chapter 427. Such fleet automotive 592
liability coverage is primary and is subject to s. 768.28 and 593
parts II and III of chapter 284, and applicable rules adopt ed 594
thereunder, and the terms and conditions of the certificate of 595
coverage issued by the Department of Financial Services. 596
Section 15. For the purpose of incorporating the amendment 597
made by this act to section 768.28, Florida Statutes, in a 598
reference thereto, section 284.38, Florida Statutes, is 599
reenacted to read: 600
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284.38 Waiver of sovereign immunity; effect. —The insurance 601
programs developed herein shall provide limits as established by 602
the provisions of s. 768.28 if a tort claim. The limits provided 603
in s. 768.28 shall not apply to a civil rights action arising 604
under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 605
pending or future claim or judgment arising under any of said 606
statutes may be made upon this act becoming a law, unless the 607
officer, employee, or agent has been determined in the final 608
judgment to have caused the harm intentionally; however, the 609
fund is authorized to pay all other court -ordered attorney's 610
fees as provided under s. 284.31. 611
Section 16. For the purpose of incorporating the amendment 612
made by this act to section 768.28, Florida Statutes, in a 613
reference thereto, paragraph (b) of subsection (1) of section 614
322.13, Florida Statutes, is reenacted to read: 615
322.13 Driver license examiners. — 616
(1) 617
(b) Those persons serving as driver license examiners are 618
not liable for actions taken within the scope of their 619
employment or designation, except as provided by s. 768.28. 620
Section 17. For the purpose of incorporating the amendment 621
made by this act to section 768.28, Florida Statutes, in a 622
reference thereto, subsection (1) of section 337.19, Florida 623
Statutes, is reenacted to read: 624
337.19 Suits by and against department; limitation of 625
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actions; forum.— 626
(1) Suits at law and in equity may be brought and 627
maintained by and against the department on any contract claim 628
arising from breach of an express provision or an implied 629
covenant of a written agreement or a written directive issued by 630
the department pursuant to the written agreement. In any such 631
suit, the department an d the contractor shall have all of the 632
same rights and obligations as a private person under a like 633
contract except that no liability may be based on an oral 634
modification of either the written contract or written 635
directive. Nothing herein shall be construe d to waive the 636
sovereign immunity of the state and its political subdivisions 637
from equitable claims and equitable remedies. Notwithstanding 638
anything to the contrary contained in this section, no employee 639
or agent of the department may be held personally li able to an 640
extent greater than that pursuant to s. 768.28 provided that no 641
suit sounding in tort shall be maintained against the 642
department. 643
Section 18. For the purpose of incorporating the amendment 644
made by this act to section 768.28, Florida Statutes , in a 645
reference thereto, subsection (17) of section 341.302, Florida 646
Statutes, is reenacted to read: 647
341.302 Rail program; duties and responsibilities of the 648
department.—The department, in conjunction with other 649
governmental entities, including the rail enterprise and the 650
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private sector, shall develop and implement a rail program of 651
statewide application designed to ensure the proper maintenance, 652
safety, revitalization, and expansion of the rail system to 653
assure its continued and increased availability t o respond to 654
statewide mobility needs. Within the resources provided pursuant 655
to chapter 216, and as authorized under federal law, the 656
department shall: 657
(17) In conjunction with the acquisition, ownership, 658
construction, operation, maintenance, and manage ment of a rail 659
corridor, have the authority to: 660
(a) Assume obligations pursuant to the following: 661
1.a. The department may assume the obligation by contract 662
to forever protect, defend, indemnify, and hold harmless the 663
freight rail operator, or its succe ssors, from whom the 664
department has acquired a real property interest in the rail 665
corridor, and that freight rail operator's officers, agents, and 666
employees, from and against any liability, cost, and expense, 667
including, but not limited to, commuter rail pa ssengers and rail 668
corridor invitees in the rail corridor, regardless of whether 669
the loss, damage, destruction, injury, or death giving rise to 670
any such liability, cost, or expense is caused in whole or in 671
part, and to whatever nature or degree, by the faul t, failure, 672
negligence, misconduct, nonfeasance, or misfeasance of such 673
freight rail operator, its successors, or its officers, agents, 674
and employees, or any other person or persons whomsoever; or 675
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b. The department may assume the obligation by contract t o 676
forever protect, defend, indemnify, and hold harmless National 677
Railroad Passenger Corporation, or its successors, and officers, 678
agents, and employees of National Railroad Passenger 679
Corporation, from and against any liability, cost, and expense, 680
including, but not limited to, commuter rail passengers and rail 681
corridor invitees in the rail corridor, regardless of whether 682
the loss, damage, destruction, injury, or death giving rise to 683
any such liability, cost, or expense is caused in whole or in 684
part, and to whatever nature or degree, by the fault, failure, 685
negligence, misconduct, nonfeasance, or misfeasance of National 686
Railroad Passenger Corporation, its successors, or its officers, 687
agents, and employees, or any other person or persons 688
whomsoever. 689
2. The assumption of liability of the department by 690
contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 691
1.b. may not in any instance exceed the following parameters of 692
allocation of risk: 693
a. The department may be solely responsible for any loss, 694
injury, or damage to commuter rail passengers, or rail corridor 695
invitees, or trespassers, regardless of circumstances or cause, 696
subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 697
6. 698
b.(I) In the event of a limited covered accident, the 699
authority of the department to protect, defend, and indemnify 700
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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
the freight operator for all liability, cost, and expense, 701
including punitive or exemplary damages, in excess of the 702
deductible or self-insurance retention fund established under 703
paragraph (b) and actuall y in force at the time of the limited 704
covered accident exists only if the freight operator agrees, 705
with respect to the limited covered accident, to protect, 706
defend, and indemnify the department for the amount of the 707
deductible or self-insurance retention f und established under 708
paragraph (b) and actually in force at the time of the limited 709
covered accident. 710
(II) In the event of a limited covered accident, the 711
authority of the department to protect, defend, and indemnify 712
National Railroad Passenger Corporat ion for all liability, cost, 713
and expense, including punitive or exemplary damages, in excess 714
of the deductible or self -insurance retention fund established 715
under paragraph (b) and actually in force at the time of the 716
limited covered accident exists only if National Railroad 717
Passenger Corporation agrees, with respect to the limited 718
covered accident, to protect, defend, and indemnify the 719
department for the amount of the deductible or self -insurance 720
retention fund established under paragraph (b) and actually i n 721
force at the time of the limited covered accident. 722
3. When only one train is involved in an incident, the 723
department may be solely responsible for any loss, injury, or 724
damage if the train is a department train or other train 725
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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
pursuant to subparagraph 4. , but only if: 726
a. When an incident occurs with only a freight train 727
involved, including incidents with trespassers or at grade 728
crossings, the freight rail operator is solely responsible for 729
any loss, injury, or damage, except for commuter rail passengers 730
and rail corridor invitees; or 731
b. When an incident occurs with only a National Railroad 732
Passenger Corporation train involved, including incidents with 733
trespassers or at grade crossings, National Railroad Passenger 734
Corporation is solely responsible for a ny loss, injury, or 735
damage, except for commuter rail passengers and rail corridor 736
invitees. 737
4. For the purposes of this subsection: 738
a. Any train involved in an incident that is neither the 739
department's train nor the freight rail operator's train, 740
hereinafter referred to in this subsection as an "other train," 741
may be treated as a department train, solely for purposes of any 742
allocation of liability between the department and the freight 743
rail operator only, but only if the department and the freight 744
rail operator share responsibility equally as to third parties 745
outside the rail corridor who incur loss, injury, or damage as a 746
result of any incident involving both a department train and a 747
freight rail operator train, and the allocation as between the 748
department and the freight rail operator, regardless of whether 749
the other train is treated as a department train, shall remain 750
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one-half each as to third parties outside the rail corridor who 751
incur loss, injury, or damage as a result of the incident. The 752
involvement of any other train shall not alter the sharing of 753
equal responsibility as to third parties outside the rail 754
corridor who incur loss, injury, or damage as a result of the 755
incident; or 756
b. Any train involved in an incident that is neither the 757
department's train nor the National Railroad Passenger 758
Corporation's train, hereinafter referred to in this subsection 759
as an "other train," may be treated as a department train, 760
solely for purposes of any allocation of liability between the 761
department and National Rai lroad Passenger Corporation only, but 762
only if the department and National Railroad Passenger 763
Corporation share responsibility equally as to third parties 764
outside the rail corridor who incur loss, injury, or damage as a 765
result of any incident involving both a department train and a 766
National Railroad Passenger Corporation train, and the 767
allocation as between the department and National Railroad 768
Passenger Corporation, regardless of whether the other train is 769
treated as a department train, shall remain one -half each as to 770
third parties outside the rail corridor who incur loss, injury, 771
or damage as a result of the incident. The involvement of any 772
other train shall not alter the sharing of equal responsibility 773
as to third parties outside the rail corridor who incu r loss, 774
injury, or damage as a result of the incident. 775
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5. When more than one train is involved in an incident: 776
a.(I) If only a department train and freight rail 777
operator's train, or only an other train as described in sub -778
subparagraph 4.a. and a freigh t rail operator's train, are 779
involved in an incident, the department may be responsible for 780
its property and all of its people, all commuter rail 781
passengers, and rail corridor invitees, but only if the freight 782
rail operator is responsible for its property and all of its 783
people, and the department and the freight rail operator each 784
share one-half responsibility as to trespassers or third parties 785
outside the rail corridor who incur loss, injury, or damage as a 786
result of the incident; or 787
(II) If only a depar tment train and a National Railroad 788
Passenger Corporation train, or only an other train as described 789
in sub-subparagraph 4.b. and a National Railroad Passenger 790
Corporation train, are involved in an incident, the department 791
may be responsible for its proper ty and all of its people, all 792
commuter rail passengers, and rail corridor invitees, but only 793
if National Railroad Passenger Corporation is responsible for 794
its property and all of its people, all National Railroad 795
Passenger Corporation's rail passengers, an d the department and 796
National Railroad Passenger Corporation each share one -half 797
responsibility as to trespassers or third parties outside the 798
rail corridor who incur loss, injury, or damage as a result of 799
the incident. 800
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b.(I) If a department train, a fre ight rail operator 801
train, and any other train are involved in an incident, the 802
allocation of liability between the department and the freight 803
rail operator, regardless of whether the other train is treated 804
as a department train, shall remain one -half each as to third 805
parties outside the rail corridor who incur loss, injury, or 806
damage as a result of the incident; the involvement of any other 807
train shall not alter the sharing of equal responsibility as to 808
third parties outside the rail corridor who incur loss , injury, 809
or damage as a result of the incident; and, if the owner, 810
operator, or insurer of the other train makes any payment to 811
injured third parties outside the rail corridor who incur loss, 812
injury, or damage as a result of the incident, the allocation o f 813
credit between the department and the freight rail operator as 814
to such payment shall not in any case reduce the freight rail 815
operator's third-party-sharing allocation of one -half under this 816
paragraph to less than one -third of the total third party 817
liability; or 818
(II) If a department train, a National Railroad Passenger 819
Corporation train, and any other train are involved in an 820
incident, the allocation of liability between the department and 821
National Railroad Passenger Corporation, regardless of whether 822
the other train is treated as a department train, shall remain 823
one-half each as to third parties outside the rail corridor who 824
incur loss, injury, or damage as a result of the incident; the 825
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involvement of any other train shall not alter the sharing of 826
equal responsibility as to third parties outside the rail 827
corridor who incur loss, injury, or damage as a result of the 828
incident; and, if the owner, operator, or insurer of the other 829
train makes any payment to injured third parties outside the 830
rail corridor who incur loss, injury, or damage as a result of 831
the incident, the allocation of credit between the department 832
and National Railroad Passenger Corporation as to such payment 833
shall not in any case reduce National Railroad Passenger 834
Corporation's third-party-sharing allocation of one -half under 835
this sub-subparagraph to less than one -third of the total third 836
party liability. 837
6. Any such contractual duty to protect, defend, 838
indemnify, and hold harmless such a freight rail operator or 839
National Railroad Passenger C orporation shall expressly include 840
a specific cap on the amount of the contractual duty, which 841
amount shall not exceed $200 million without prior legislative 842
approval, and the department to purchase liability insurance and 843
establish a self-insurance retention fund in the amount of the 844
specific cap established under this subparagraph, provided that: 845
a. No such contractual duty shall in any case be effective 846
nor otherwise extend the department's liability in scope and 847
effect beyond the contractual liability insurance and self-848
insurance retention fund required pursuant to this paragraph; 849
and 850
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b.(I) The freight rail operator's compensation to the 851
department for future use of the department's rail corridor 852
shall include a monetary contribution to the cost of s uch 853
liability coverage for the sole benefit of the freight rail 854
operator. 855
(II) National Railroad Passenger Corporation's 856
compensation to the department for future use of the 857
department's rail corridor shall include a monetary contribution 858
to the cost of such liability coverage for the sole benefit of 859
National Railroad Passenger Corporation. 860
(b) Purchase liability insurance, which amount shall not 861
exceed $200 million, and establish a self -insurance retention 862
fund for the purpose of paying the deductible limit established 863
in the insurance policies it may obtain, including coverage for 864
the department, any freight rail operator as described in 865
paragraph (a), National Railroad Passenger Corporation, commuter 866
rail service providers, governmental entities, or a ny ancillary 867
development, which self -insurance retention fund or deductible 868
shall not exceed $10 million. The insureds shall pay a 869
reasonable monetary contribution to the cost of such liability 870
coverage for the sole benefit of the insured. Such insurance a nd 871
self-insurance retention fund may provide coverage for all 872
damages, including, but not limited to, compensatory, special, 873
and exemplary, and be maintained to provide an adequate fund to 874
cover claims and liabilities for loss, injury, or damage arising 875
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out of or connected with the ownership, operation, maintenance, 876
and management of a rail corridor. 877
(c) Incur expenses for the purchase of advertisements, 878
marketing, and promotional items. 879
(d) Without altering any of the rights granted to the 880
department under this section, agree to assume the obligations 881
to indemnify and insure, pursuant to s. 343.545, freight rail 882
service, intercity passenger rail service, and commuter rail 883
service on a department -owned rail corridor, whether ownership 884
is in fee or by easement, or on a rail corridor where the 885
department has the right to operate. 886
887
Neither the assumption by contract to protect, defend, 888
indemnify, and hold harmless; the purchase of insurance; nor the 889
establishment of a self -insurance retention fund shall be d eemed 890
to be a waiver of any defense of sovereign immunity for torts 891
nor deemed to increase the limits of the department's or the 892
governmental entity's liability for torts as provided in s. 893
768.28. The requirements of s. 287.022(1) shall not apply to the 894
purchase of any insurance under this subsection. The provisions 895
of this subsection shall apply and inure fully as to any other 896
governmental entity providing commuter rail service and 897
constructing, operating, maintaining, or managing a rail 898
corridor on publicly owned right-of-way under contract by the 899
governmental entity with the department or a governmental entity 900
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designated by the department. Notwithstanding any law to the 901
contrary, procurement for the construction, operation, 902
maintenance, and management of any rail corridor described in 903
this subsection, whether by the department, a governmental 904
entity under contract with the department, or a governmental 905
entity designated by the department, shall be pursuant to s. 906
287.057 and shall include, but not be limite d to, criteria for 907
the consideration of qualifications, technical aspects of the 908
proposal, and price. Further, any such contract for design -build 909
shall be procured pursuant to the criteria in s. 337.11(7). 910
Section 19. For the purpose of incorporating t he amendment 911
made by this act to section 768.28, Florida Statutes, in a 912
reference thereto, paragraph (c) of subsection (4) of section 913
351.03, Florida Statutes, is reenacted to read: 914
351.03 Railroad-highway grade-crossing warning signs and 915
signals; audible warnings; exercise of reasonable care; blocking 916
highways, roads, and streets during darkness. — 917
(4) 918
(c) Nothing in this subsection shall be construed to 919
nullify the liability provisions of s. 768.28. 920
Section 20. For the purpose of incorporating the amendment 921
made by this act to section 768.28, Florida Statutes, in a 922
reference thereto, subsection (6) of section 373.1395, Florida 923
Statutes, is reenacted to read: 924
373.1395 Limitation on liability of water management 925
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district with respect to areas made available to the public for 926
recreational purposes without charge. — 927
(6) This section does not relieve any water management 928
district of any liability that would otherwise exist for gross 929
negligence or a deliberate, willful, or malicious injury to a 930
person or property. This section does not create or increase the 931
liability of any water management district or person beyond that 932
which is authorized by s. 768.28. 933
Section 21. For the purpose of incorporating the amendment 934
made by this act to section 768.28, Florida Statutes, in a 935
reference thereto, paragraph (a) of subsection (3) of section 936
375.251, Florida Statutes, is reenacted to read: 937
375.251 Limitation on liability of persons making 938
available to public certain areas for recreational purposes 939
without charge.— 940
(3)(a) An owner of an area who enters into a written 941
agreement concerning the area with a state agency for outdoor 942
recreational purposes, where such agreement recognizes that the 943
state agency is responsible for personal injury, loss, or damage 944
resulting in whole or in part from the state agency's use of the 945
area under the terms of the agreement subject to the limitations 946
and conditions specified in s. 768.28, owes no duty of care to 947
keep the area safe for entry or use by others, or to give 948
warning to persons entering or going on the area of any 949
hazardous conditions, structures, or activities thereon. An 950
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owner who enters into a written agreement concerning the area 951
with a state agency for outdoor recreational purposes: 952
1. Is not presumed to extend any assurance that the area 953
is safe for any purpose; 954
2. Does not incur any duty of care toward a person who 955
goes on the area that is subject to the agreement; or 956
3. Is not liable or responsible for any injury to persons 957
or property caused by the act or omission of a person who goes 958
on the area that is subject to the agreement. 959
Section 22. For the purpose of incorporating the amendment 960
made by this act to section 768.28, Florida Statutes, in a 961
reference thereto, subsection (9) of section 381.0056, Fl orida 962
Statutes, is reenacted to read: 963
381.0056 School health services program. — 964
(9) Any health care entity that provides school health 965
services under contract with the department pursuant to a school 966
health services plan developed under this section, a nd as part 967
of a school nurse services public -private partnership, is deemed 968
to be a corporation acting primarily as an instrumentality of 969
the state solely for the purpose of limiting liability pursuant 970
to s. 768.28(5). The limitations on tort actions conta ined in s. 971
768.28(5) shall apply to any action against the entity with 972
respect to the provision of school health services, if the 973
entity is acting within the scope of and pursuant to guidelines 974
established in the contract or by rule of the department. The 975
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contract must require the entity, or the partnership on behalf 976
of the entity, to obtain general liability insurance coverage, 977
with any additional endorsement necessary to insure the entity 978
for liability assumed by its contract with the department. The 979
Legislature intends that insurance be purchased by entities, or 980
by partnerships on behalf of the entity, to cover all liability 981
claims, and under no circumstances shall the state or the 982
department be responsible for payment of any claims or defense 983
costs for claims brought against the entity or its subcontractor 984
for services performed under the contract with the department. 985
This subsection does not preclude consideration by the 986
Legislature for payment by the state of any claims bill 987
involving an entity contract ing with the department pursuant to 988
this section. 989
Section 23. For the purpose of incorporating the amendment 990
made by this act to section 768.28, Florida Statutes, in a 991
reference thereto, subsection (3) of section 393.075, Florida 992
Statutes, is reenacted to read: 993
393.075 General liability coverage. — 994
(3) This section shall not be construed as designating or 995
not designating that a person who owns or operates a foster care 996
facility or group home facility as described in this section or 997
any other person is an employee or agent of the state. Nothing 998
in this section amends, expands, or supersedes the provisions of 999
s. 768.28. 1000
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Section 24. For the purpose of incorporating the amendment 1001
made by this act to section 768.28, Florida Statutes, in a 1002
reference thereto, subsection (7) of section 394.9085, Florida 1003
Statutes, is reenacted to read: 1004
394.9085 Behavioral provider liability. — 1005
(7) This section shall not be construed to waive sovereign 1006
immunity for any governmental unit or other entity protected by 1007
sovereign immunity. Section 768.28 shall continue to apply to 1008
all governmental units and such entities. 1009
Section 25. For the purpose of incorporating the amendment 1010
made by this act to section 768.28, Florida Statutes, in a 1011
reference thereto, paragraph ( g) of subsection (10) of section 1012
395.1055, Florida Statutes, is reenacted to read: 1013
395.1055 Rules and enforcement. — 1014
(10) The agency shall establish a pediatric cardiac 1015
technical advisory panel, pursuant to s. 20.052, to develop 1016
procedures and standards for measuring outcomes of pediatric 1017
cardiac catheterization programs and pediatric cardiovascular 1018
surgery programs. 1019
(g) Panel members are agents of the state for purposes of 1020
s. 768.28 throughout the good faith performance of the duties 1021
assigned to them by the Secretary of Health Care Administration. 1022
Section 26. For the purpose of incorporating the amendment 1023
made by this act to section 768.28, Florida Statutes, in a 1024
reference thereto, paragraph (c) of subsection (17) of section 1025
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403.706, Florida Statut es, is reenacted to read: 1026
403.706 Local government solid waste responsibilities. — 1027
(17) To effect the purposes of this part, counties and 1028
municipalities are authorized, in addition to other powers 1029
granted pursuant to this part: 1030
(c) To waive sovereign immunity and immunity from suit in 1031
federal court by vote of the governing body of the county or 1032
municipality to the extent necessary to carry out the authority 1033
granted in paragraphs (a) and (b), notwithstanding the 1034
limitations prescribed in s. 768.28. 1035
Section 27. For the purpose of incorporating the amendment 1036
made by this act to section 768.28, Florida Statutes, in a 1037
reference thereto, paragraph (b) of subsection (15) of section 1038
409.175, Florida Statutes, is reenacted to read: 1039
409.175 Licensure of fam ily foster homes, residential 1040
child-caring agencies, and child -placing agencies; public 1041
records exemption.— 1042
(15) 1043
(b) This subsection may not be construed as designating or 1044
not designating that a person who owns or operates a family 1045
foster home as descri bed in this subsection or any other person 1046
is an employee or agent of the state. Nothing in this subsection 1047
amends, expands, or supersedes the provisions of s. 768.28. 1048
Section 28. For the purpose of incorporating the amendment 1049
made by this act to secti on 768.28, Florida Statutes, in a 1050
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reference thereto, subsection (1), paragraph (a) of subsection 1051
(2), and paragraph (a) of subsection (3) of section 409.993, 1052
Florida Statutes, are reenacted to read: 1053
409.993 Lead agencies and subcontractor liability. — 1054
(1) FINDINGS.— 1055
(a) The Legislature finds that the state has traditionally 1056
provided foster care services to children who are the 1057
responsibility of the state. As such, foster children have not 1058
had the right to recover for injuries beyond the limitations 1059
specified in s. 768.28. The Legislature has determined that 1060
foster care and related services should be outsourced pursuant 1061
to this section and that the provision of such services is of 1062
paramount importance to the state. The purpose of such 1063
outsourcing is to increase the level of safety, security, and 1064
stability of children who are or become the responsibility of 1065
the state. One of the components necessary to secure a safe and 1066
stable environment for such children is the requirement that 1067
private providers maintain liability insurance. As such, 1068
insurance needs to be available and remain available to 1069
nongovernmental foster care and related services providers 1070
without the resources of such providers being significantly 1071
reduced by the cost of maintaining such insurance. 1072
(b) The Legislature further finds that, by requiring the 1073
following minimum levels of insurance, children in outsourced 1074
foster care and related services will gain increased protection 1075
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and rights of recovery in the event of injury than currently 1076
provided in s. 768.28. 1077
(2) LEAD AGENCY LIABILITY. — 1078
(a) Other than an entity to which s. 768.28 applies, an 1079
eligible community-based care lead agency, or its employees or 1080
officers, except as otherwise provided in paragraph (b), shall, 1081
as a part of its contract, obtain a minimum of $1 million per 1082
occurrence with a policy period aggregate limit of $3 million in 1083
general liability insurance coverage. The lead agency must also 1084
require that staff who transport client children and families in 1085
their personal automobiles in order to carry out their job 1086
responsibilities obtain minimum bodily injury liability 1087
insurance in the amount of $100,000 per person per any one 1088
automobile accident, and subject to such limits for each person, 1089
$300,000 for all damages resulting from any one automobile 1090
accident, on their personal automobiles. In lieu of personal 1091
motor vehicle insurance, the lead agency's casualty, liability, 1092
or motor vehicle insurance carrier may provide nonowned 1093
automobile liability coverage. This insurance provides liabi lity 1094
insurance for an automobile that the lead agency uses in 1095
connection with the lead agency's business but does not own, 1096
lease, rent, or borrow. This coverage includes an automobile 1097
owned by an employee of the lead agency or a member of the 1098
employee's household but only while the automobile is used in 1099
connection with the lead agency's business. The nonowned 1100
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automobile coverage for the lead agency applies as excess 1101
coverage over any other collectible insurance. The personal 1102
automobile policy for the employ ee of the lead agency shall be 1103
primary insurance, and the nonowned automobile coverage of the 1104
lead agency acts as excess insurance to the primary insurance. 1105
The lead agency shall provide a minimum limit of $1 million in 1106
nonowned automobile coverage. In a t ort action brought against 1107
such a lead agency or employee, net economic damages shall be 1108
limited to $2 million per liability claim and $200,000 per 1109
automobile claim, including, but not limited to, past and future 1110
medical expenses, wage loss, and loss of ea rning capacity, 1111
offset by any collateral source payment paid or payable. In any 1112
tort action brought against a lead agency, noneconomic damages 1113
shall be limited to $400,000 per claim. A claims bill may be 1114
brought on behalf of a claimant pursuant to s. 768.2 8 for any 1115
amount exceeding the limits specified in this paragraph. Any 1116
offset of collateral source payments made as of the date of the 1117
settlement or judgment shall be in accordance with s. 768.76. 1118
The lead agency is not liable in tort for the acts or omiss ions 1119
of its subcontractors or the officers, agents, or employees of 1120
its subcontractors. 1121
(3) SUBCONTRACTOR LIABILITY. — 1122
(a) A subcontractor of an eligible community -based care 1123
lead agency that is a direct provider of foster care and related 1124
services to children and families, and its employees or 1125
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officers, except as otherwise provided in paragraph (b), must, 1126
as a part of its contract, obtain a minimum of $1 million per 1127
occurrence with a policy period aggregate limit of $3 million in 1128
general liability insur ance coverage. The subcontractor of a 1129
lead agency must also require that staff who transport client 1130
children and families in their personal automobiles in order to 1131
carry out their job responsibilities obtain minimum bodily 1132
injury liability insurance in the amount of $100,000 per person 1133
in any one automobile accident, and subject to such limits for 1134
each person, $300,000 for all damages resulting from any one 1135
automobile accident, on their personal automobiles. In lieu of 1136
personal motor vehicle insurance, the subcontractor's casualty, 1137
liability, or motor vehicle insurance carrier may provide 1138
nonowned automobile liability coverage. This insurance provides 1139
liability insurance for automobiles that the subcontractor uses 1140
in connection with the subcontractor's busin ess but does not 1141
own, lease, rent, or borrow. This coverage includes automobiles 1142
owned by the employees of the subcontractor or a member of the 1143
employee's household but only while the automobiles are used in 1144
connection with the subcontractor's business. Th e nonowned 1145
automobile coverage for the subcontractor applies as excess 1146
coverage over any other collectible insurance. The personal 1147
automobile policy for the employee of the subcontractor shall be 1148
primary insurance, and the nonowned automobile coverage of t he 1149
subcontractor acts as excess insurance to the primary insurance. 1150
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The subcontractor shall provide a minimum limit of $1 million in 1151
nonowned automobile coverage. In a tort action brought against 1152
such subcontractor or employee, net economic damages shall b e 1153
limited to $2 million per liability claim and $200,000 per 1154
automobile claim, including, but not limited to, past and future 1155
medical expenses, wage loss, and loss of earning capacity, 1156
offset by any collateral source payment paid or payable. In a 1157
tort action brought against such subcontractor, noneconomic 1158
damages shall be limited to $400,000 per claim. A claims bill 1159
may be brought on behalf of a claimant pursuant to s. 768.28 for 1160
any amount exceeding the limits specified in this paragraph. Any 1161
offset of collateral source payments made as of the date of the 1162
settlement or judgment shall be in accordance with s. 768.76. 1163
Section 29. For the purpose of incorporating the amendment 1164
made by this act to section 768.28, Florida Statutes, in a 1165
reference thereto, su bsection (8) of section 420.504, Florida 1166
Statutes, is reenacted to read: 1167
420.504 Public corporation; creation, membership, terms, 1168
expenses.— 1169
(8) The corporation is a corporation primarily acting as 1170
an instrumentality of the state, within the meaning of s. 1171
768.28. 1172
Section 30. For the purpose of incorporating the amendment 1173
made by this act to section 768.28, Florida Statutes, in a 1174
reference thereto, subsection (3) of section 455.221, Florida 1175
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Statutes, is reenacted to read: 1176
455.221 Legal and investig ative services.— 1177
(3) Any person retained by the department under contract 1178
to review materials, make site visits, or provide expert 1179
testimony regarding any complaint or application filed with the 1180
department relating to a profession under the jurisdiction of 1181
the department shall be considered an agent of the department in 1182
determining the state insurance coverage and sovereign immunity 1183
protection applicability of ss. 284.31 and 768.28. 1184
Section 31. For the purpose of incorporating the amendment 1185
made by this act to section 768.28, Florida Statutes, in a 1186
reference thereto, subsection (5) of section 455.32, Florida 1187
Statutes, is reenacted to read: 1188
455.32 Management Privatization Act. — 1189
(5) Any such corporation may hire staff as necessary to 1190
carry out its functions. Such staff are not public employees for 1191
the purposes of chapter 110 or chapter 112, except that the 1192
board of directors and the employees of the corporation are 1193
subject to the provisions of s. 112.061 and part III of chapter 1194
112. The provisions o f s. 768.28 apply to each such corporation, 1195
which is deemed to be a corporation primarily acting as an 1196
instrumentality of the state but which is not an agency within 1197
the meaning of s. 20.03(1). 1198
Section 32. For the purpose of incorporating the amendment 1199
made by this act to section 768.28, Florida Statutes, in a 1200
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reference thereto, subsection (3) of section 456.009, Florida 1201
Statutes, is reenacted to read: 1202
456.009 Legal and investigative services. — 1203
(3) Any person retained by the department under contrac t 1204
to review materials, make site visits, or provide expert 1205
testimony regarding any complaint or application filed with the 1206
department relating to a profession under the jurisdiction of 1207
the department shall be considered an agent of the department in 1208
determining the state insurance coverage and sovereign immunity 1209
protection applicability of ss. 284.31 and 768.28. 1210
Section 33. For the purpose of incorporating the amendment 1211
made by this act to section 768.28, Florida Statutes, in a 1212
reference thereto, paragr aph (a) of subsection (15) of section 1213
456.076, Florida Statutes, is reenacted to read: 1214
456.076 Impaired practitioner programs. — 1215
(15)(a) A consultant retained pursuant to this section and 1216
a consultant's directors, officers, employees, or agents shall 1217
be considered agents of the department for purposes of s. 768.28 1218
while acting within the scope of the consultant's duties under 1219
the contract with the department. 1220
Section 34. For the purpose of incorporating the amendment 1221
made by this act to section 768.2 8, Florida Statutes, in a 1222
reference thereto, subsection (3) of section 471.038, Florida 1223
Statutes, is reenacted to read: 1224
471.038 Florida Engineers Management Corporation. — 1225
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(3) The Florida Engineers Management Corporation is 1226
created to provide administra tive, investigative, and 1227
prosecutorial services to the board in accordance with the 1228
provisions of chapter 455 and this chapter. The management 1229
corporation may hire staff as necessary to carry out its 1230
functions. Such staff are not public employees for the p urposes 1231
of chapter 110 or chapter 112, except that the board of 1232
directors and the staff are subject to the provisions of s. 1233
112.061. The provisions of s. 768.28 apply to the management 1234
corporation, which is deemed to be a corporation primarily 1235
acting as an instrumentality of the state, but which is not an 1236
agency within the meaning of s. 20.03(1). The management 1237
corporation shall: 1238
(a) Be a Florida corporation not for profit, incorporated 1239
under the provisions of chapter 617. 1240
(b) Provide administrative, in vestigative, and 1241
prosecutorial services to the board in accordance with the 1242
provisions of chapter 455, this chapter, and the contract 1243
required by this section. 1244
(c) Receive, hold, and administer property and make only 1245
prudent expenditures directly related to the responsibilities of 1246
the board, and in accordance with the contract required by this 1247
section. 1248
(d) Be approved by the board, and the department, to 1249
operate for the benefit of the board and in the best interest of 1250
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the state. 1251
(e) Operate under a fi scal year that begins on July 1 of 1252
each year and ends on June 30 of the following year. 1253
(f) Have a seven-member board of directors, five of whom 1254
are to be appointed by the board and must be registrants 1255
regulated by the board and two of whom are to be app ointed by 1256
the secretary and must be laypersons not regulated by the board. 1257
All appointments shall be for 4 -year terms. No member shall 1258
serve more than two consecutive terms. Failure to attend three 1259
consecutive meetings shall be deemed a resignation from th e 1260
board, and the vacancy shall be filled by a new appointment. 1261
(g) Select its officers in accordance with its bylaws. The 1262
members of the board of directors who were appointed by the 1263
board may be removed by the board. 1264
(h) Select the president of the man agement corporation, 1265
who shall also serve as executive director to the board, subject 1266
to approval of the board. 1267
(i) Use a portion of the interest derived from the 1268
management corporation account to offset the costs associated 1269
with the use of credit cards for payment of fees by applicants 1270
or licensees. 1271
(j) Operate under a written contract with the department 1272
which is approved by the board. The contract must provide for, 1273
but is not limited to: 1274
1. Submission by the management corporation of an annual 1275
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budget that complies with board rules for approval by the board 1276
and the department. 1277
2. Annual certification by the board and the department 1278
that the management corporation is complying with the terms of 1279
the contract in a manner consistent with the goals and purposes 1280
of the board and in the best interest of the state. This 1281
certification must be reported in the board's minutes. The 1282
contract must also provide for methods and mechanisms to resolve 1283
any situation in which the certification process determines 1284
noncompliance. 1285
3. Funding of the management corporation through 1286
appropriations allocated to the regulation of professional 1287
engineers from the Professional Regulation Trust Fund. 1288
4. The reversion to the board, or the state if the board 1289
ceases to exist, of mon eys, records, data, and property held in 1290
trust by the management corporation for the benefit of the 1291
board, if the management corporation is no longer approved to 1292
operate for the board or the board ceases to exist. All records 1293
and data in a computerized dat abase shall be returned to the 1294
department in a form that is compatible with the computerized 1295
database of the department. 1296
5. The securing and maintaining by the management 1297
corporation, during the term of the contract and for all acts 1298
performed during the term of the contract, of all liability 1299
insurance coverages in an amount to be approved by the board to 1300
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defend, indemnify, and hold harmless the management corporation 1301
and its officers and employees, the department and its 1302
employees, and the state against a ll claims arising from state 1303
and federal laws. Such insurance coverage must be with insurers 1304
qualified and doing business in the state. The management 1305
corporation must provide proof of insurance to the department. 1306
The department and its employees and the s tate are exempt from 1307
and are not liable for any sum of money which represents a 1308
deductible, which sums shall be the sole responsibility of the 1309
management corporation. Violation of this subparagraph shall be 1310
grounds for terminating the contract. 1311
6. Payment by the management corporation, out of its 1312
allocated budget, to the department of all costs of 1313
representation by the board counsel, including salary and 1314
benefits, travel, and any other compensation traditionally paid 1315
by the department to other board couns el. 1316
7. Payment by the management corporation, out of its 1317
allocated budget, to the department of all costs incurred by the 1318
management corporation or the board for the Division of 1319
Administrative Hearings of the Department of Management Services 1320
and any other cost for utilization of these state services. 1321
8. Payment by the management corporation, out of its 1322
allocated budget, to the department of reasonable costs 1323
associated with the contract monitor. 1324
(k) Provide for an annual financial audit of its financial 1325
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accounts and records by an independent certified public 1326
accountant. The annual audit report shall include a management 1327
letter in accordance with s. 11.45 and a detailed supplemental 1328
schedule of expenditures for each expenditure category. The 1329
annual audit report must be submitted to the board, the 1330
department, and the Auditor General for review. 1331
(l) Provide for persons not employed by the corporation 1332
who are charged with the responsibility of recei ving and 1333
depositing fee and fine revenues to have a faithful performance 1334
bond in such an amount and according to such terms as shall be 1335
determined in the contract. 1336
(m) Submit to the secretary, the board, and the 1337
Legislature, on or before October 1 of eac h year, a report on 1338
the status of the corporation which includes, but is not limited 1339
to, information concerning the programs and funds that have been 1340
transferred to the corporation. The report must include: the 1341
number of license applications received; the number approved and 1342
denied and the number of licenses issued; the number of 1343
examinations administered and the number of applicants who 1344
passed or failed the examination; the number of complaints 1345
received; the number determined to be legally sufficient; the 1346
number dismissed; the number determined to have probable cause; 1347
the number of administrative complaints issued and the status of 1348
the complaints; and the number and nature of disciplinary 1349
actions taken by the board. 1350
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(n) Develop and submit to the departmen t, performance 1351
standards and measurable outcomes for the board to adopt by rule 1352
in order to facilitate efficient and cost -effective regulation. 1353
Section 35. For the purpose of incorporating the amendment 1354
made by this act to section 768.28, Florida Statu tes, in a 1355
reference thereto, paragraph (b) of subsection (11) of section 1356
472.006, Florida Statutes, is reenacted to read: 1357
472.006 Department; powers and duties. —The department 1358
shall: 1359
(11) Provide legal counsel for the board by contracting 1360
with the Department of Legal Affairs, by retaining private 1361
counsel pursuant to s. 287.059, or by providing department staff 1362
counsel. The board shall periodically review and evaluate the 1363
services provided by its board counsel. Fees and costs of such 1364
counsel shall be pai d from the General Inspection Trust Fund, 1365
subject to ss. 215.37 and 472.011. All contracts for independent 1366
legal counsel must provide for periodic review and evaluation by 1367
the board and the department of services provided. 1368
(b) Any person retained by the department under contract 1369
to review materials, make site visits, or provide expert 1370
testimony regarding any complaint or application filed with the 1371
department relating to the practice of surveying and mapping 1372
shall be considered an agent of the department i n determining 1373
the state insurance coverage and sovereign immunity protection 1374
applicability of ss. 284.31 and 768.28. 1375
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Section 36. For the purpose of incorporating the amendment 1376
made by this act to section 768.28, Florida Statutes, in a 1377
reference thereto, subsection (7) of section 497.167, Florida 1378
Statutes, is reenacted to read: 1379
497.167 Administrative matters. — 1380
(7) Any person retained by the department under contract 1381
to review materials, make site visits, or provide expert 1382
testimony regarding any comp laint or application filed with the 1383
department, relating to regulation under this chapter, shall be 1384
considered an agent of the department in determining the state 1385
insurance coverage and sovereign immunity protection 1386
applicability of ss. 284.31 and 768.28. 1387
Section 37. For the purpose of incorporating the amendment 1388
made by this act to section 768.28, Florida Statutes, in a 1389
reference thereto, subsection (2) of section 513.118, Florida 1390
Statutes, is reenacted to read: 1391
513.118 Conduct on premises; refusal o f service.— 1392
(2) The operator of a recreational vehicle park may 1393
request that a transient guest or visitor who violates 1394
subsection (1) leave the premises immediately. A person who 1395
refuses to leave the premises commits the offense of trespass as 1396
provided in s. 810.08, and the operator may call a law 1397
enforcement officer to have the person and his or her property 1398
removed under the supervision of the officer. A law enforcement 1399
officer is not liable for any claim involving the removal of the 1400
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person or property from the recreational vehicle park under this 1401
section, except as provided in s. 768.28. If conditions do not 1402
allow for immediate removal of the person's property, he or she 1403
may arrange a reasonable time, not to exceed 48 hours, with the 1404
operator to come remove the property, accompanied by a law 1405
enforcement officer. 1406
Section 38. For the purpose of incorporating the amendment 1407
made by this act to section 768.28, Florida Statutes, in a 1408
reference thereto, subsection (1) of section 548.046, Florida 1409
Statutes, is reenacted to read: 1410
548.046 Physician's attendance at match; examinations; 1411
cancellation of match. — 1412
(1) The commission, or the commission representative, 1413
shall assign to each match at least one physician who shall 1414
observe the physical condition of the participants and advise 1415
the commissioner or commission representative in charge and the 1416
referee of the participants' conditions before, during, and 1417
after the match. The commission shall establish a schedule of 1418
fees for the physician's services. The physici an's fee shall be 1419
paid by the promoter of the match attended by the physician. The 1420
physician shall be considered an agent of the commission in 1421
determining the state insurance coverage and sovereign immunity 1422
protection applicability of ss. 284.31 and 768.28 . 1423
Section 39. For the purpose of incorporating the amendment 1424
made by this act to section 768.28, Florida Statutes, in a 1425
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reference thereto, subsection (8) of section 556.106, Florida 1426
Statutes, is reenacted to read: 1427
556.106 Liability of the member oper ator, excavator, and 1428
system.— 1429
(8) Any liability of the state, its agencies, or its 1430
subdivisions which arises out of this chapter is subject to the 1431
provisions of s. 768.28. 1432
Section 40. For the purpose of incorporating the amendment 1433
made by this act to section 768.28, Florida Statutes, in a 1434
reference thereto, paragraph (e) of subsection (4) of section 1435
589.19, Florida Statutes, is reenacted to read: 1436
589.19 Creation of certain state forests; naming of 1437
certain state forests; Operation Outdoor Freedom Pro gram.— 1438
(4) 1439
(e)1. A private landowner who provides land for 1440
designation and use as an Operation Outdoor Freedom Program 1441
hunting site shall have limited liability pursuant to s. 1442
375.251. 1443
2. A private landowner who consents to the designation and 1444
use of land as part of the Operation Outdoor Freedom Program 1445
without compensation shall be considered a volunteer, as defined 1446
in s. 110.501, and shall be covered by state liability 1447
protection pursuant to s. 768.28, including s. 768.28(9). 1448
3. This subsection doe s not: 1449
a. Relieve any person of liability that would otherwise 1450
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exist for deliberate, willful, or malicious injury to persons or 1451
property. 1452
b. Create or increase the liability of any person. 1453
Section 41. For the purpose of incorporating the amendment 1454
made by this act to section 768.28, Florida Statutes, in a 1455
reference thereto, subsections (3) and (4) of section 627.7491, 1456
Florida Statutes, are reenacted to read: 1457
627.7491 Official law enforcement vehicles; motor vehicle 1458
insurance requirements. — 1459
(3) Any suit or action brought or maintained against an 1460
employing agency for damages arising out of tort pursuant to 1461
this section, including, without limitation, any claim arising 1462
upon account of an act causing loss of property, personal 1463
injury, or death, shal l be subject to the limitations provided 1464
in s. 768.28(5). 1465
(4) The requirements of this section may be met by any 1466
method authorized by s. 768.28(16). 1467
Section 42. For the purpose of incorporating the amendment 1468
made by this act to section 768.28, Florid a Statutes, in a 1469
reference thereto, paragraph (c) of subsection (2) of section 1470
723.0611, Florida Statutes, is reenacted to read: 1471
723.0611 Florida Mobile Home Relocation Corporation. — 1472
(2) 1473
(c) The corporation shall, for purposes of s. 768.28, be 1474
considered an agency of the state. Agents or employees of the 1475
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corporation, members of the board of directors of the 1476
corporation, or representatives of the Division of Florida 1477
Condominiums, Timeshares, and Mobile Homes shall be considered 1478
officers, employees, or a gents of the state, and actions against 1479
them and the corporation shall be governed by s. 768.28. 1480
Section 43. For the purpose of incorporating the amendment 1481
made by this act to section 768.28, Florida Statutes, in a 1482
reference thereto, subsection (5) of section 760.11, Florida 1483
Statutes, is reenacted to read: 1484
760.11 Administrative and civil remedies; construction. — 1485
(5) In any civil action brought under this section, the 1486
court may issue an order prohibiting the discriminatory practice 1487
and providing affirmative relief from the effects of the 1488
practice, including back pay. The court may also award 1489
compensatory damages, including, but not limited to, damages for 1490
mental anguish, loss of dignity, and any other intangible 1491
injuries, and punitive damages. The pro visions of ss. 768.72 and 1492
768.73 do not apply to this section. The judgment for the total 1493
amount of punitive damages awarded under this section to an 1494
aggrieved person shall not exceed $100,000. In any action or 1495
proceeding under this subsection, the court, in its discretion, 1496
may allow the prevailing party a reasonable attorney's fee as 1497
part of the costs. It is the intent of the Legislature that this 1498
provision for attorney's fees be interpreted in a manner 1499
consistent with federal case law involving a Title VI I action. 1500
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The right to trial by jury is preserved in any such private 1501
right of action in which the aggrieved person is seeking 1502
compensatory or punitive damages, and any party may demand a 1503
trial by jury. The commission's determination of reasonable 1504
cause is not admissible into evidence in any civil proceeding, 1505
including any hearing or trial, except to establish for the 1506
court the right to maintain the private right of action. A civil 1507
action brought under this section shall be commenced no later 1508
than 1 year after the date of determination of reasonable cause 1509
by the commission. The commencement of such action shall divest 1510
the commission of jurisdiction of the complaint, except that the 1511
commission may intervene in the civil action as a matter of 1512
right. Notwithstanding the above, the state and its agencies and 1513
subdivisions shall not be liable for punitive damages. The total 1514
amount of recovery against the state and its agencies and 1515
subdivisions shall not exceed the limitation as set forth in s. 1516
768.28(5). 1517
Section 44. For the purpose of incorporating the amendment 1518
made by this act to section 768.28, Florida Statutes, in a 1519
reference thereto, subsection (4) of section 766.1115, Florida 1520
Statutes, is reenacted to read: 1521
766.1115 Health care providers; creation of age ncy 1522
relationship with governmental contractors. — 1523
(4) CONTRACT REQUIREMENTS. —A health care provider that 1524
executes a contract with a governmental contractor to deliver 1525
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health care services on or after April 17, 1992, as an agent of 1526
the governmental contrac tor is an agent for purposes of s. 1527
768.28(9), while acting within the scope of duties under the 1528
contract, if the contract complies with the requirements of this 1529
section and regardless of whether the individual treated is 1530
later found to be ineligible. A hea lth care provider shall 1531
continue to be an agent for purposes of s. 768.28(9) for 30 days 1532
after a determination of ineligibility to allow for treatment 1533
until the individual transitions to treatment by another health 1534
care provider. A health care provider und er contract with the 1535
state may not be named as a defendant in any action arising out 1536
of medical care or treatment provided on or after April 17, 1537
1992, under contracts entered into under this section. The 1538
contract must provide that: 1539
(a) The right of dismi ssal or termination of any health 1540
care provider delivering services under the contract is retained 1541
by the governmental contractor. 1542
(b) The governmental contractor has access to the patient 1543
records of any health care provider delivering services under 1544
the contract. 1545
(c) Adverse incidents and information on treatment 1546
outcomes must be reported by any health care provider to the 1547
governmental contractor if the incidents and information pertain 1548
to a patient treated under the contract. The health care 1549
provider shall submit the reports required by s. 395.0197. If an 1550
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incident involves a professional licensed by the Department of 1551
Health or a facility licensed by the Agency for Health Care 1552
Administration, the governmental contractor shall submit such 1553
incident reports to the appropriate department or agency, which 1554
shall review each incident and determine whether it involves 1555
conduct by the licensee that is subject to disciplinary action. 1556
All patient medical records and any identifying information 1557
contained in adverse i ncident reports and treatment outcomes 1558
which are obtained by governmental entities under this paragraph 1559
are confidential and exempt from the provisions of s. 119.07(1) 1560
and s. 24(a), Art. I of the State Constitution. 1561
(d) Patient selection and initial refe rral must be made by 1562
the governmental contractor or the provider. Patients may not be 1563
transferred to the provider based on a violation of the 1564
antidumping provisions of the Omnibus Budget Reconciliation Act 1565
of 1989, the Omnibus Budget Reconciliation Act of 1990, or 1566
chapter 395. 1567
(e) If emergency care is required, the patient need not be 1568
referred before receiving treatment, but must be referred within 1569
48 hours after treatment is commenced or within 48 hours after 1570
the patient has the mental capacity to consen t to treatment, 1571
whichever occurs later. 1572
(f) The provider is subject to supervision and regular 1573
inspection by the governmental contractor. 1574
(g) As an agent of the governmental contractor for 1575
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purposes of s. 768.28(9), while acting within the scope of 1576
duties under the contract, a health care provider licensed under 1577
chapter 466 may allow a patient, or a parent or guardian of the 1578
patient, to voluntarily contribute a monetary amount to cover 1579
costs of dental laboratory work related to the services provided 1580
to the patient. This contribution may not exceed the actual cost 1581
of the dental laboratory charges. 1582
1583
A governmental contractor that is also a health care provider is 1584
not required to enter into a contract under this section with 1585
respect to the health care servic es delivered by its employees. 1586
Section 45. For the purpose of incorporating the amendment 1587
made by this act to section 768.28, Florida Statutes, in a 1588
reference thereto, subsection (2) of section 766.112, Florida 1589
Statutes, is reenacted to read: 1590
766.112 Comparative fault.— 1591
(2) In an action for damages for personal injury or 1592
wrongful death arising out of medical negligence, whether in 1593
contract or tort, when an apportionment of damages pursuant to 1594
s. 768.81 is attributed to a board of trustees of a state 1595
university, the court shall enter judgment against the board of 1596
trustees on the basis of the board's percentage of fault and not 1597
on the basis of the doctrine of joint and several liability. The 1598
sole remedy available to a claimant to collect a judgment or 1599
settlement against a board of trustees, subject to the 1600
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provisions of this subsection, shall be pursuant to s. 768.28. 1601
Section 46. For the purpose of incorporating the amendment 1602
made by this act to section 768.28, Florida Statutes, in a 1603
reference thereto, subsection (3) of section 768.1355, Florida 1604
Statutes, is reenacted to read: 1605
768.1355 Florida Volunteer Protection Act. — 1606
(3) Members of elected or appointed boards, councils, and 1607
commissions of the state, counties, municipalities, authorities, 1608
and special districts shall incur no civil liability and shall 1609
have immunity from suit as provided in s. 768.28 for acts or 1610
omissions by members relating to members' conduct of their 1611
official duties. It is the intent of the Legislature to 1612
encourage our best and brightest people to serve on elected and 1613
appointed boards, councils, and commissions. 1614
Section 47. For the purpose of incorporating the amendment 1615
made by this act to section 768.28, Florida Statutes, in a 1616
reference thereto, subsection (7) of section 768 .1382, Florida 1617
Statutes, is reenacted to read: 1618
768.1382 Streetlights, security lights, and other similar 1619
illumination; limitation on liability. — 1620
(7) In the event that there is any conflict between this 1621
section and s. 768.81, or any other section of the Florida 1622
Statutes, this section shall control. Further, nothing in this 1623
section shall impact or waive any provision of s. 768.28. 1624
Section 48. For the purpose of incorporating the amendment 1625
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made by this act to section 768.28, Florida Statutes, in a 1626
reference thereto, subsection (4) of section 768.295, Florida 1627
Statutes, is reenacted to read: 1628
768.295 Strategic Lawsuits Against Public Participation 1629
(SLAPP) prohibited.— 1630
(4) A person or entity sued by a governmental entity or 1631
another person in violation o f this section has a right to an 1632
expeditious resolution of a claim that the suit is in violation 1633
of this section. A person or entity may move the court for an 1634
order dismissing the action or granting final judgment in favor 1635
of that person or entity. The per son or entity may file a motion 1636
for summary judgment, together with supplemental affidavits, 1637
seeking a determination that the claimant's or governmental 1638
entity's lawsuit has been brought in violation of this section. 1639
The claimant or governmental entity sha ll thereafter file a 1640
response and any supplemental affidavits. As soon as 1641
practicable, the court shall set a hearing on the motion, which 1642
shall be held at the earliest possible time after the filing of 1643
the claimant's or governmental entity's response. The court may 1644
award, subject to the limitations in s. 768.28, the party sued 1645
by a governmental entity actual damages arising from a 1646
governmental entity's violation of this section. The court shall 1647
award the prevailing party reasonable attorney fees and costs 1648
incurred in connection with a claim that an action was filed in 1649
violation of this section. 1650
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Section 49. For the purpose of incorporating the amendment 1651
made by this act to section 768.28, Florida Statutes, in a 1652
reference thereto, section 946.5026, Florida Statutes, is 1653
reenacted to read: 1654
946.5026 Sovereign immunity in tort actions. —The 1655
provisions of s. 768.28 shall be applicable to the corporation 1656
established under this part, which is deemed to be a corporation 1657
primarily acting as an instrumentality of th e state. 1658
Section 50. For the purpose of incorporating the amendment 1659
made by this act to section 768.28, Florida Statutes, in a 1660
reference thereto, Subsection (3) of section 946.514, Florida 1661
Statutes, is reenacted to read: 1662
946.514 Civil rights of inmat es; inmates not state 1663
employees; liability of corporation for inmate injuries. — 1664
(3) The corporation is liable for inmate injury to the 1665
extent specified in s. 768.28; however, the members of the board 1666
of directors are not individually liable to any inmate for any 1667
injury sustained in any correctional work program operated by 1668
the corporation. 1669
Section 51. For the purpose of incorporating the amendment 1670
made by this act to section 768.28, Florida Statutes, in a 1671
reference thereto, subsection (5), paragraph ( a) of subsection 1672
(6), and subsection (7) of section 961.06, Florida Statutes, are 1673
reenacted to read: 1674
961.06 Compensation for wrongful incarceration. — 1675
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(5) Before the department approves the application for 1676
compensation, the wrongfully incarcerated perso n must sign a 1677
release and waiver on behalf of the wrongfully incarcerated 1678
person and his or her heirs, successors, and assigns, forever 1679
releasing the state or any agency, instrumentality, or any 1680
political subdivision thereof, or any other entity subject to s. 1681
768.28, from all present or future claims that the wrongfully 1682
incarcerated person or his or her heirs, successors, or assigns 1683
may have against such entities arising out of the facts in 1684
connection with the wrongful conviction for which compensation 1685
is being sought under the act. 1686
(6)(a) A wrongfully incarcerated person may not submit an 1687
application for compensation under this act if the person has a 1688
lawsuit pending against the state or any agency, 1689
instrumentality, or any political subdivision thereof, o r any 1690
other entity subject to the provisions of s. 768.28, in state or 1691
federal court requesting compensation arising out of the facts 1692
in connection with the claimant's conviction and incarceration. 1693
(7) Any payment made under this act does not constitute a 1694
waiver of any defense of sovereign immunity or an increase in 1695
the limits of liability on behalf of the state or any person 1696
subject to the provisions of s. 768.28 or other law. 1697
Section 52. For the purpose of incorporating the amendment 1698
made by this act to section 768.28, Florida Statutes, in a 1699
reference thereto, paragraph (h) of subsection (12) of section 1700
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1002.33, Florida Statutes, is reenacted to read: 1701
1002.33 Charter schools. — 1702
(12) EMPLOYEES OF CHARTER SCHOOLS. — 1703
(h) For the purposes of tort lia bility, the charter 1704
school, including its governing body and employees, shall be 1705
governed by s. 768.28. This paragraph does not include any for -1706
profit entity contracted by the charter school or its governing 1707
body. 1708
Section 53. For the purpose of incorpo rating the amendment 1709
made by this act to section 768.28, Florida Statutes, in a 1710
reference thereto, paragraph (b) of subsection (6) of section 1711
1002.333, Florida Statutes, is reenacted to read: 1712
1002.333 Persistently low -performing schools.— 1713
(6) STATUTORY AUTHORITY.— 1714
(b) For the purposes of tort liability, the hope operator, 1715
the school of hope, and its employees or agents shall be 1716
governed by s. 768.28. The sponsor shall not be liable for civil 1717
damages under state law for the employment actions or person al 1718
injury, property damage, or death resulting from an act or 1719
omission of a hope operator, the school of hope, or its 1720
employees or agents. This paragraph does not include any for -1721
profit entity contracted by the charter school or its governing 1722
body. 1723
Section 54. For the purpose of incorporating the amendment 1724
made by this act to section 768.28, Florida Statutes, in a 1725
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reference thereto, subsection (17) of section 1002.34, Florida 1726
Statutes, is reenacted to read: 1727
1002.34 Charter technical career centers. — 1728
(17) IMMUNITY.—For the purposes of tort liability, the 1729
governing body and employees of a center are governed by s. 1730
768.28. 1731
Section 55. For the purpose of incorporating the amendment 1732
made by this act to section 768.28, Florida Statutes, in a 1733
reference thereto, paragraph (c) of subsection (3) of section 1734
1002.351, Florida Statutes, is reenacted to read: 1735
1002.351 The Florida School for Competitive Academics. — 1736
(3) BOARD OF TRUSTEES. — 1737
(c) The board of trustees is a public agency entitled to 1738
sovereign immunity pursuant to s. 768.28, and board members are 1739
public officers who bear fiduciary responsibility for the 1740
Florida School for Competitive Academics. 1741
Section 56. For the purpose of incorporating the amendment 1742
made by this act to section 768.28, Flo rida Statutes, in a 1743
reference thereto, subsection (2) of section 1002.37, Florida 1744
Statutes, is reenacted to read: 1745
1002.37 The Florida Virtual School. — 1746
(2) The Florida Virtual School shall be governed by a 1747
board of trustees comprised of seven members ap pointed by the 1748
Governor to 4-year staggered terms. The board of trustees shall 1749
be a public agency entitled to sovereign immunity pursuant to s. 1750
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768.28, and board members shall be public officers who shall 1751
bear fiduciary responsibility for the Florida Virtu al School. 1752
The board of trustees shall have the following powers and 1753
duties: 1754
(a)1. The board of trustees shall meet at least 4 times 1755
each year, upon the call of the chair, or at the request of a 1756
majority of the membership. 1757
2. The fiscal year for the Fl orida Virtual School shall be 1758
the state fiscal year as provided in s. 216.011(1)(q). 1759
(b) The board of trustees shall be responsible for the 1760
Florida Virtual School's development of a state -of-the-art 1761
technology-based education delivery system that is cost -1762
effective, educationally sound, marketable, and capable of 1763
sustaining a self-sufficient delivery system through the Florida 1764
Education Finance Program. 1765
(c) The board of trustees shall aggressively seek avenues 1766
to generate revenue to support its future en deavors, and shall 1767
enter into agreements with distance learning providers. The 1768
board of trustees may acquire, enjoy, use, and dispose of 1769
patents, copyrights, and trademarks and any licenses and other 1770
rights or interests thereunder or therein. Ownership of all such 1771
patents, copyrights, trademarks, licenses, and rights or 1772
interests thereunder or therein shall vest in the state, with 1773
the board of trustees having full right of use and full right to 1774
retain the revenues derived therefrom. Any funds realized from 1775
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patents, copyrights, trademarks, or licenses shall be considered 1776
internal funds as provided in s. 1011.07. Such funds shall be 1777
used to support the school's marketing and research and 1778
development activities in order to improve courseware and 1779
services to its students. 1780
(d) The board of trustees shall be responsible for the 1781
administration and control of all local school funds derived 1782
from all activities or sources and shall prescribe the 1783
principles and procedures to be followed in administering these 1784
funds. 1785
(e) The Florida Virtual School may accrue supplemental 1786
revenue from supplemental support organizations, which include, 1787
but are not limited to, alumni associations, foundations, 1788
parent-teacher associations, and booster associations. The 1789
governing body of each supplemental support organization shall 1790
recommend the expenditure of moneys collected by the 1791
organization for the benefit of the school. Such expenditures 1792
shall be contingent upon the review of the executive director. 1793
The executive director may overrid e any proposed expenditure of 1794
the organization that would violate Florida law or breach sound 1795
educational management. 1796
(f) In accordance with law and rules of the State Board of 1797
Education, the board of trustees shall administer and maintain 1798
personnel programs for all employees of the board of trustees 1799
and the Florida Virtual School. The board of trustees may adopt 1800
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rules, policies, and procedures related to the appointment, 1801
employment, and removal of personnel. 1802
1. The board of trustees shall determine the compensation, 1803
including salaries and fringe benefits, and other conditions of 1804
employment for such personnel. 1805
2. The board of trustees may establish and maintain a 1806
personnel loan or exchange program by which persons employed by 1807
the board of trustees for the Florida Virtual School as academic 1808
administrative and instructional staff may be loaned to, or 1809
exchanged with persons employed in like capacities by, public 1810
agencies either within or without this state, or by private 1811
industry. With respect to public ag ency employees, the program 1812
authorized by this subparagraph shall be consistent with the 1813
requirements of part II of chapter 112. The salary and benefits 1814
of board of trustees personnel participating in the loan or 1815
exchange program shall be continued during the period of time 1816
they participate in a loan or exchange program, and such 1817
personnel shall be deemed to have no break in creditable or 1818
continuous service or employment during such time. The salary 1819
and benefits of persons participating in the personnel loa n or 1820
exchange program who are employed by public agencies or private 1821
industry shall be paid by the originating employers of those 1822
participants, and such personnel shall be deemed to have no 1823
break in creditable or continuous service or employment during 1824
such time. 1825
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3. The employment of all Florida Virtual School academic 1826
administrative and instructional personnel shall be subject to 1827
rejection for cause by the board of trustees, and shall be 1828
subject to policies of the board of trustees relative to 1829
certification, tenure, leaves of absence, sabbaticals, 1830
remuneration, and such other conditions of employment as the 1831
board of trustees deems necessary and proper, not inconsistent 1832
with law. 1833
4. Each person employed by the board of trustees in an 1834
academic administrat ive or instructional capacity with the 1835
Florida Virtual School shall be entitled to a contract as 1836
provided by rules of the board of trustees. 1837
5. All employees except temporary, seasonal, and student 1838
employees may be state employees for the purpose of bein g 1839
eligible to participate in the Florida Retirement System and 1840
receive benefits. The classification and pay plan, including 1841
terminal leave and other benefits, and any amendments thereto, 1842
shall be subject to review and approval by the Department of 1843
Management Services and the Executive Office of the Governor 1844
prior to adoption. 1845
(g) The board of trustees shall establish priorities for 1846
admission of students in accordance with paragraph (1)(b). 1847
(h) The board of trustees shall establish and distribute 1848
to all school districts and high schools in the state procedures 1849
for enrollment of students in courses offered by the Florida 1850
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Virtual School. 1851
(i) The board of trustees shall establish criteria 1852
defining the elements of an approved franchise. The board of 1853
trustees may enter into franchise agreements with Florida 1854
district school boards and may establish the terms and 1855
conditions governing such agreements. The board of trustees 1856
shall establish the performance and accountability measures and 1857
report the performance of each school district franchise to the 1858
Commissioner of Education. 1859
(j) The board of trustees shall submit to the State Board 1860
of Education both forecasted and actual enrollments and credit 1861
completions for the Florida Virtual School, according to 1862
procedures established by the State Board of Education. At a 1863
minimum, such procedures must include the number of public, 1864
private, and home education students served by program and by 1865
county of residence. 1866
(k) The board of trustees shall provide for the content 1867
and custody of student and employee personnel records. Student 1868
records shall be subject to the provisions of s. 1002.22. 1869
Employee records shall be subject to the provisions of s. 1870
1012.31. 1871
(l) The financial records and accounts of the Florida 1872
Virtual School shall be maintained under the direction of the 1873
board of trustees and under rules adopted by the State Board of 1874
Education for the uniform system of financial records and 1875
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accounts for the schools of the state. 1876
1877
The Governor shall designate the initial chair of the board of 1878
trustees to serve a term of 4 years. Members of the board of 1879
trustees shall serve without compensation, but may be reimbursed 1880
for per diem and travel expenses pursuant to s. 112.061. The 1881
board of trustees shall be a body corporate with all th e powers 1882
of a body corporate and such authority as is needed for the 1883
proper operation and improvement of the Florida Virtual School. 1884
The board of trustees is specifically authorized to adopt rules, 1885
policies, and procedures, consistent with law and rules of the 1886
State Board of Education related to governance, personnel, 1887
budget and finance, administration, programs, curriculum and 1888
instruction, travel and purchasing, technology, students, 1889
contracts and grants, and property as necessary for optimal, 1890
efficient operation of the Florida Virtual School. Tangible 1891
personal property owned by the board of trustees shall be 1892
subject to the provisions of chapter 273. 1893
Section 57. For the purpose of incorporating the amendment 1894
made by this act to section 768.28, Florida S tatutes, in a 1895
reference thereto, paragraph (l) of subsection (3) of section 1896
1002.55, Florida Statutes, is reenacted to read: 1897
1002.55 School-year prekindergarten program delivered by 1898
private prekindergarten providers. — 1899
(3) To be eligible to deliver the prekindergarten program, 1900
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a private prekindergarten provider must meet each of the 1901
following requirements: 1902
(l) Notwithstanding paragraph (j), for a private 1903
prekindergarten provider that is a state agency or a subdivision 1904
thereof, as defined in s. 768.28(2 ), the provider must agree to 1905
notify the coalition of any additional liability coverage 1906
maintained by the provider in addition to that otherwise 1907
established under s. 768.28. The provider shall indemnify the 1908
coalition to the extent permitted by s. 768.28. N otwithstanding 1909
paragraph (j), for a child development program that is 1910
accredited by a national accrediting body and operates on a 1911
military installation that is certified by the United States 1912
Department of Defense, the provider may demonstrate liability 1913
coverage by affirming that it is subject to the Federal Tort 1914
Claims Act, 28 U.S.C. ss. 2671 et seq. 1915
Section 58. For the purpose of incorporating the amendment 1916
made by this act to section 768.28, Florida Statutes, in a 1917
reference thereto, subsection (10) of section 1002.83, Florida 1918
Statutes, is reenacted to read: 1919
1002.83 Early learning coalitions. — 1920
(10) For purposes of tort liability, each member or 1921
employee of an early learning coalition shall be governed by s. 1922
768.28. 1923
Section 59. For the purpose of incorporating the amendment 1924
made by this act to section 768.28, Florida Statutes, in a 1925
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reference thereto, paragraph (p) of subsection (1) of section 1926
1002.88, Florida Statutes, is reenacted to read: 1927
1002.88 School readiness program provider standards; 1928
eligibility to deliver the school readiness program. — 1929
(1) To be eligible to deliver the school readiness 1930
program, a school readiness program provider must: 1931
(p) Notwithstanding paragraph (m), for a provider that is 1932
a state agency or a subdivision thereof, as defined in s. 1933
768.28(2), agree to notify the coalition of any additional 1934
liability coverage maintained by the provider in addition to 1935
that otherwise established under s. 768.28. The provider shall 1936
indemnify the coalition to the extent permitted by s. 768.28. 1937
Notwithstanding paragraph (m), for a child development program 1938
that is accredited by a national accrediting body and operates 1939
on a military installation that is certified by the United 1940
States Department of Defense, the provider may demonstrate 1941
liability coverage by affirming that it is subject to the 1942
Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1943
Section 60. For the purpose of incorporating the amendment 1944
made by this act to section 768.28, Florida Statutes, in a 1945
reference thereto, subsection (1) of section 1006.24, Florida 1946
Statutes, is reenacted to read: 1947
1006.24 Tort liability; liability insurance. — 1948
(1) Each district school board shall be liable for tort 1949
claims arising out of any incident or occurrence invol ving a 1950
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school bus or other motor vehicle owned, maintained, operated, 1951
or used by the district school board to transport persons, to 1952
the same extent and in the same manner as the state or any of 1953
its agencies or subdivisions is liable for tort claims under s . 1954
768.28, except that the total liability to persons being 1955
transported for all claims or judgments of such persons arising 1956
out of the same incident or occurrence shall not exceed an 1957
amount equal to $5,000 multiplied by the rated seating capacity 1958
of the school bus or other vehicle, as determined by rules of 1959
the State Board of Education, or $100,000, whichever is greater. 1960
The provisions of s. 768.28 apply to all claims or actions 1961
brought against district school boards, as authorized in this 1962
subsection. 1963
Section 61. For the purpose of incorporating the amendment 1964
made by this act to section 768.28, Florida Statutes, in a 1965
reference thereto, paragraph (b) of subsection (2) of section 1966
1006.261, Florida Statutes, is reenacted to read: 1967
1006.261 Use of school bus es for public purposes. — 1968
(2) 1969
(b) For purposes of liability for negligence, state 1970
agencies or subdivisions as defined in s. 768.28(2) shall be 1971
covered by s. 768.28. Every other corporation or organization 1972
shall provide liability insurance coverage in the minimum 1973
amounts of $100,000 on any claim or judgment and $200,000 on all 1974
claims and judgments arising from the same incident or 1975
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occurrence. 1976
Section 62. This act shall take effect October 1, 2025. 1977