| 9 | 9 | | Page 1 of 80 |
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| 10 | 10 | | 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 |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to suits against the government; 2 |
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| 16 | 16 | | amending s. 768.28, F.S.; increasing the statutory 3 |
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| 17 | 17 | | limits on liability for tort claims against the state 4 |
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| 18 | 18 | | and its agencies and subdivisions; authorizing a 5 |
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| 19 | 19 | | subdivision of the state to settle a claim in excess 6 |
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| 20 | 20 | | of the statutory limit without further action by the 7 |
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| 21 | 21 | | Legislature regardless of insurance coverage limits; 8 |
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| 22 | 22 | | prohibiting an insurance policy from conditioning 9 |
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| 23 | 23 | | payment of benefits on the enactment of a claim bill; 10 |
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| 24 | 24 | | specifying that the limitations in effect on t he date 11 |
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| 25 | 25 | | the claim accrues apply to that claim; revising the 12 |
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| 26 | 26 | | period within which certain claims must be presented 13 |
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| 27 | 27 | | to certain entities; revising exceptions relating to 14 |
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| 28 | 28 | | instituting actions on tort claims against the state 15 |
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| 29 | 29 | | or one of its agencies or subdivision s; revising the 16 |
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| 30 | 30 | | period after which the failure of certain entities to 17 |
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| 31 | 31 | | make final disposition of a claim shall be deemed a 18 |
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| 32 | 32 | | final denial of the claim for certain purposes; 19 |
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| 33 | 33 | | revising the statute of limitations for tort claims 20 |
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| 34 | 34 | | against the state or one of its ag encies or 21 |
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| 35 | 35 | | subdivisions and exceptions thereto; providing 22 |
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| 36 | 36 | | applicability; amending s. 944.713, conforming 23 |
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| 37 | 37 | | provisions to changes made by the act; reenacting ss. 24 |
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| 38 | 38 | | 45.061(5), 110.504(4), 111.071(1)(a), 125.01015(2)(b), 25 |
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| 39 | 39 | | |
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| 46 | 46 | | Page 2 of 80 |
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| 47 | 47 | | 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 |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | 163.01(3)(h) and (15)(k), 190.043, 213.015( 13), 26 |
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| 52 | 52 | | 252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 27 |
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| 53 | 53 | | 322.13(1)(b), 337.19(1), 341.302(17), 351.03(4)(c), 28 |
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| 54 | 54 | | 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 29 |
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| 55 | 55 | | 394.9085(7), 395.1055(10)(g), 403.706(17)(c), 30 |
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| 56 | 56 | | 409.175(15)(b), s. 409.993(1)(a) and (b), (2)( a), and 31 |
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| 57 | 57 | | (3)(a), 420.504(8), 455.221(3), 455.32(5), 456.009(3), 32 |
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| 58 | 58 | | 456.076(15)(a), 471.038(3), 472.006(11)(b), 33 |
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| 59 | 59 | | 497.167(7), 513.118(2), 548.046(1), s. 556.106(8), 34 |
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| 60 | 60 | | 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c), 35 |
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| 61 | 61 | | 760.11(5), 766.1115(4), 766.112(2), 768.1355(3) , 36 |
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| 62 | 62 | | 768.1382(7), 768.295(4), 946.5026, 946.514(3), 37 |
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| 63 | 63 | | 961.06(5), (6)(a), and (7), 1002.33(12)(h), 38 |
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| 64 | 64 | | 1002.333(6)(b), 1002.34(17), 1002.351(3)(c), 39 |
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| 65 | 65 | | 1002.37(2), 1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 40 |
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| 66 | 66 | | 1006.24(1), and 1006.261(2)(b), F.S., relating to 41 |
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| 67 | 67 | | offers of settlement, volunteer benefits, payment of 42 |
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| 68 | 68 | | judgments or settlements against certain public 43 |
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| 69 | 69 | | officers or employees, office of the sheriff, the 44 |
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| 70 | 70 | | Florida Interlocal Cooperation Act of 1969, suits 45 |
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| 71 | 71 | | against community development districts, taxpayer 46 |
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| 72 | 72 | | rights, liability, tort liability, tort liability, 47 |
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| 73 | 73 | | limitation on liability of private landowners whose 48 |
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| 74 | 74 | | property is designated as part of the statewide system 49 |
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| 75 | 75 | | of greenways and trail, scope and types of coverages, 50 |
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| 76 | 76 | | |
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| 83 | 83 | | Page 3 of 80 |
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| 84 | 84 | | 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 |
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| 85 | 85 | | |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | waiver of sovereign immunity, driver license 51 |
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| 89 | 89 | | examiners, suits by and against the Department of 52 |
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| 90 | 90 | | Transportation, rail program, railroad -highway grade-53 |
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| 91 | 91 | | crossing warning signs and signals, limitation on 54 |
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| 92 | 92 | | liability of water management district with respect to 55 |
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| 93 | 93 | | areas made available to the public for recreational 56 |
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| 94 | 94 | | purposes without charge, limitation on liability of 57 |
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| 95 | 95 | | persons making available to public certain areas for 58 |
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| 96 | 96 | | recreational purposes without charge, school health 59 |
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| 97 | 97 | | services program, general liability coverage, 60 |
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| 98 | 98 | | behavioral provider liability, rules and enforcement, 61 |
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| 99 | 99 | | local government solid waste responsibilities, 62 |
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| 100 | 100 | | licensure of family foster homes, residential child -63 |
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| 101 | 101 | | caring agencies, and child -placing agencies, lead 64 |
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| 102 | 102 | | agencies and subcontractor liability, the Florida 65 |
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| 103 | 103 | | Housing Finance Corporation, legal and investigative 66 |
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| 104 | 104 | | services, the Management Privatization Act, legal and 67 |
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| 105 | 105 | | investigative services, impaired practitioner 68 |
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| 106 | 106 | | programs, the Florida Engineers Management 69 |
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| 107 | 107 | | Corporation, the Department of Agriculture and 70 |
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| 108 | 108 | | Consumer Services, administrative matters, conduct on 71 |
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| 109 | 109 | | premises; refusal of service , physician's attendance 72 |
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| 110 | 110 | | at match, liability of the member operator, excavator, 73 |
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| 111 | 111 | | and system, creation of certain state forests; naming 74 |
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| 112 | 112 | | of certain state forests; Operation Outdoor Freedom 75 |
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| 113 | 113 | | |
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| 120 | 120 | | Page 4 of 80 |
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| 121 | 121 | | 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 |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | Program, official law enforcement vehicles; motor 76 |
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| 126 | 126 | | vehicle insurance re quirements, the Florida Mobile 77 |
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| 127 | 127 | | Home Relocation Corporation, administrative and civil 78 |
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| 128 | 128 | | remedies; construction, health care providers; 79 |
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| 129 | 129 | | creation of agency relationship with governmental 80 |
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| 130 | 130 | | contractors, comparative fault, the Florida Volunteer 81 |
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| 131 | 131 | | Protection Act, stre etlights, security lights, and 82 |
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| 132 | 132 | | other similar illumination, Strategic Lawsuits Against 83 |
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| 133 | 133 | | Public Participation (SLAPP), sovereign immunity in 84 |
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| 134 | 134 | | tort actions, inmates not state employees, 85 |
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| 135 | 135 | | compensation for wrongful incarceration, charter 86 |
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| 136 | 136 | | schools, persistently low -performing schools, charter 87 |
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| 137 | 137 | | technical career centers, the Florida School for 88 |
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| 138 | 138 | | Competitive Academics, the Florida Virtual School, 89 |
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| 139 | 139 | | school-year prekindergarten program delivered by 90 |
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| 140 | 140 | | private prekindergarten providers, Early learning 91 |
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| 141 | 141 | | coalitions, school readiness program provider 92 |
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| 142 | 142 | | standards, tort liability; liability insurance, and 93 |
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| 143 | 143 | | use of school buses for public purposes, respectively, 94 |
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| 144 | 144 | | to incorporate changes made by the act; providing an 95 |
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| 145 | 145 | | effective date. 96 |
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| 146 | 146 | | 97 |
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| 147 | 147 | | Be It Enacted by the Legislature of the State of Florida: 98 |
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| 148 | 148 | | 99 |
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| 149 | 149 | | Section 1. Subsection (5), paragraphs (a) and (d) of 100 |
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| 150 | 150 | | |
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| 157 | 157 | | Page 5 of 80 |
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| 158 | 158 | | 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 |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | subsection (6), and subsection (14) of section 768.28, Florida 101 |
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| 163 | 163 | | Statutes, are amended to read: 102 |
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| 164 | 164 | | 768.28 Waiver of sovereign immunity in tort actions; 103 |
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| 165 | 165 | | recovery limits; civil liability for damages caus ed during a 104 |
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| 166 | 166 | | riot; limitation on attorney fees; statute of limitations; 105 |
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| 167 | 167 | | exclusions; indemnification; risk management programs. — 106 |
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| 168 | 168 | | (5)(a) The state and its agencies and subdivisions shall 107 |
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| 169 | 169 | | be liable for tort claims in the same manner and to the same 108 |
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| 170 | 170 | | extent as a private individual under like circumstances, but 109 |
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| 171 | 171 | | liability shall not include punitive damages or interest for the 110 |
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| 172 | 172 | | period before judgment. Neither the state nor its agencies or 111 |
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| 173 | 173 | | subdivisions shall be liable to pay a claim or a judgment that 112 |
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| 174 | 174 | | by any one person which exceeds the limits in paragraph (b). 113 |
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| 175 | 175 | | (b)1. If the cause of action accrued before October 1, 114 |
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| 176 | 176 | | 2025, the limitations are as follows: 115 |
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| 177 | 177 | | a. For a claim or judgment by any one person, $200,000. 116 |
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| 178 | 178 | | b. For multiple claims or judgments, or portions there of, 117 |
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| 179 | 179 | | which arise out of the same incident or occurrence, a total of 118 |
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| 180 | 180 | | $300,000. 119 |
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| 181 | 181 | | 2. If the cause of action accrued on or after October 1, 120 |
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| 182 | 182 | | 2025, but before October 1, 2030, the limitations are as 121 |
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| 183 | 183 | | follows: 122 |
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| 202 | | - | a. For a claim or judgment by any one person, $600,000. 129 |
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| 203 | | - | b. For multiple claims or judgments, or portions thereof, 130 |
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| 204 | | - | which arise out of the same incident or occurrence, a total of 131 |
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| 205 | | - | $1.1 million sum of $200,000 or any claim or judgment, or 132 |
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| 206 | | - | portions thereof, which, when totaled with all other claims or 133 |
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| 207 | | - | judgments paid by the state or its agencies or subdivisions 134 |
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| 208 | | - | arising out of the same incident or occurrence, exceeds the sum 135 |
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| 209 | | - | of $300,000. 136 |
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| 210 | | - | (c) However, a judgment or judgments may be claimed and 137 |
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| 211 | | - | rendered in excess of these amounts and may be settled and paid 138 |
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| 212 | | - | pursuant to this act up to the limitations provided under 139 |
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| 213 | | - | paragraph (b) $200,000 or $300,000 , as the case may be; and that 140 |
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| 214 | | - | portion of the judgment that exceeds these amounts may be 141 |
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| 215 | | - | reported to the Legislature, and but may be paid in part or in 142 |
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| 216 | | - | whole only by further act of the Legislature. 143 |
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| 217 | | - | (d) Notwithstanding the limited waiver of sovereign 144 |
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| 218 | | - | immunity provided in paragraphs (a) and (b): 145 |
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| 219 | | - | 1. herein, The state or an agency or subdivision thereof 146 |
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| 220 | | - | may agree, within the limits of ins urance coverage provided, to 147 |
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| 221 | | - | settle a claim made or a judgment rendered against it in excess 148 |
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| 222 | | - | of the waiver provided in paragraph (b) without further action 149 |
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| 223 | | - | by the Legislature. 150 |
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| 224 | | - | |
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| 225 | | - | CS/HB 301 2025 |
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| 226 | | - | |
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| 227 | | - | |
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| 228 | | - | |
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| 229 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 230 | | - | hb301-01-c1 |
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| 202 | + | a. For a claim or judgment by any one person, $1.1 129 |
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| 203 | + | million. 130 |
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| 204 | + | b. For multiple claims or judgments, or portions thereof, 131 |
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| 205 | + | which arise out of the same incident or occurrence, a total of 132 |
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| 206 | + | $3.2 million sum of $200,000 or any claim or judgment, or 133 |
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| 207 | + | portions thereof, which, when totaled with all other claims or 134 |
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| 208 | + | judgments paid by the state or its agencies or subdivisions 135 |
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| 209 | + | arising out of the same incident or occurrence, exceeds the sum 136 |
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| 210 | + | of $300,000. 137 |
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| 211 | + | (c) However, a judgment or judgments may be claimed and 138 |
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| 212 | + | rendered in excess of these amounts and may be settled and paid 139 |
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| 213 | + | pursuant to this act up to the limitations provided under 140 |
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| 214 | + | paragraph (b) $200,000 or $300,000 , as the case may be; and that 141 |
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| 215 | + | portion of the judgment that exceeds these amounts may be 142 |
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| 216 | + | reported to the Legislature, and but may be paid in part or in 143 |
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| 217 | + | whole only by further act of the Legislature. 144 |
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| 218 | + | (d) Notwithstanding the limited waiver of sovereign 145 |
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| 219 | + | immunity provided in paragraphs (a) and (b): 146 |
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| 220 | + | 1. herein, The state or an agency or subdivision thereof 147 |
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| 221 | + | may agree, within the limits of insurance coverage provided, to 148 |
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| 222 | + | settle a claim made or a judgment rendered against it in excess 149 |
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| 223 | + | of the waiver provided in paragraph (b) without further action 150 |
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| 224 | + | |
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| 225 | + | HB 301 2025 |
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| 226 | + | |
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| 227 | + | |
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| 228 | + | |
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| 229 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 230 | + | hb301-00 |
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| 236 | | - | 2. A subdivision of the state may agree to settle a claim 151 |
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| 237 | | - | made or a judgment r endered against it in excess of the waiver 152 |
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| 238 | | - | provided in paragraph (b) without further action by the 153 |
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| 239 | | - | Legislature. 154 |
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| 240 | | - | 155 |
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| 241 | | - | However, but the state or an agency or subdivision thereof shall 156 |
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| 242 | | - | not be deemed to have waived any defense of sovereign immunity 157 |
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| 243 | | - | or to have increased the limits of its liability as a result of 158 |
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| 244 | | - | its obtaining insurance coverage for tortious acts in excess of 159 |
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| 245 | | - | the $200,000 or $300,000 waiver provided in paragraph (b). 160 |
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| 246 | | - | Beginning October 1, 2025, an insurance policy may not be 161 |
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| 247 | | - | delivered or issued for delivery to the state or any agency or 162 |
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| 248 | | - | subdivision thereof with a provision that conditions liability 163 |
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| 249 | | - | coverage or the payment of insurance bene fits, in whole or in 164 |
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| 250 | | - | part, on the enactment of a claim bill. Any such provision is 165 |
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| 251 | | - | null and void above. 166 |
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| 252 | | - | (e) The limitations of liability set forth in this 167 |
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| 253 | | - | subsection shall apply to the state and its agencies and 168 |
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| 254 | | - | subdivisions whether or not the state or it s agencies or 169 |
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| 255 | | - | subdivisions possessed sovereign immunity before July 1, 1974. 170 |
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| 256 | | - | (f)(b) A municipality has a duty to allow the municipal 171 |
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| 257 | | - | law enforcement agency to respond appropriately to protect 172 |
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| 258 | | - | persons and property during a riot or an unlawful assembly bas ed 173 |
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| 259 | | - | on the availability of adequate equipment to its municipal law 174 |
|---|
| 260 | | - | enforcement officers and relevant state and federal laws. If the 175 |
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| 261 | | - | |
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| 262 | | - | CS/HB 301 2025 |
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| 263 | | - | |
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| 264 | | - | |
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| 265 | | - | |
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| 266 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | | - | hb301-01-c1 |
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| 236 | + | by the Legislature. 151 |
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| 237 | + | 2. A subdivision of the state may agree to settle a claim 152 |
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| 238 | + | made or a judgment rendered against it in excess of the waiver 153 |
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| 239 | + | provided in paragraph (b) without further action by the 154 |
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| 240 | + | Legislature. 155 |
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| 241 | + | 156 |
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| 242 | + | However, but the state or an agency or subdivision thereof shall 157 |
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| 243 | + | not be deemed to have waived any defense of sovereign immunity 158 |
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| 244 | + | or to have increased the limits of its liability as a result of 159 |
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| 245 | + | its obtaining insurance coverage for tortious acts in excess of 160 |
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| 246 | + | the $200,000 or $300,000 waiver provided in paragraph (b). 161 |
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| 247 | + | Beginning October 1, 2025, an insurance policy may not be 162 |
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| 248 | + | delivered or issued for delivery to the state or any agency or 163 |
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| 249 | + | subdivision thereof with a provision that conditions liability 164 |
|---|
| 250 | + | coverage or the payment of insurance bene fits, in whole or in 165 |
|---|
| 251 | + | part, on the enactment of a claim bill. Any such provision is 166 |
|---|
| 252 | + | null and void above. 167 |
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| 253 | + | (e) The limitations of liability set forth in this 168 |
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| 254 | + | subsection shall apply to the state and its agencies and 169 |
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| 255 | + | subdivisions whether or not the state or it s agencies or 170 |
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| 256 | + | subdivisions possessed sovereign immunity before July 1, 1974. 171 |
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| 257 | + | (f)(b) A municipality has a duty to allow the municipal 172 |
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| 258 | + | law enforcement agency to respond appropriately to protect 173 |
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| 259 | + | persons and property during a riot or an unlawful assembly bas ed 174 |
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| 260 | + | on the availability of adequate equipment to its municipal law 175 |
|---|
| 261 | + | |
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| 262 | + | HB 301 2025 |
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| 263 | + | |
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| 264 | + | |
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| 265 | + | |
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| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | + | hb301-00 |
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| 273 | | - | governing body of a municipality or a person authorized by the 176 |
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| 274 | | - | governing body of the municipality breaches that duty, the 177 |
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| 275 | | - | municipality is civilly liable for any damages, including 178 |
|---|
| 276 | | - | damages arising from personal injury, wrongful death, or 179 |
|---|
| 277 | | - | property damages proximately caused by the municipality's breach 180 |
|---|
| 278 | | - | of duty. The sovereign immunity recovery limits in paragraph (b) 181 |
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| 279 | | - | (a) do not apply to an action under this paragraph. 182 |
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| 280 | | - | (g) When determining liability limits for a claim, the 183 |
|---|
| 281 | | - | limitations of liability in effect on the date the claim accrues 184 |
|---|
| 282 | | - | shall apply to the claim. 185 |
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| 283 | | - | (6)(a) An action may not be instituted on a claim against 186 |
|---|
| 284 | | - | the state or one of its agencies or subdivisions unless the 187 |
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| 285 | | - | claimant presents the claim in writing to the appropriate 188 |
|---|
| 286 | | - | agency, and also, except as to any claim against a municipality, 189 |
|---|
| 287 | | - | county, or the Florida Space Authority, presents such claim in 190 |
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| 288 | | - | writing to the Depar tment of Financial Services, within 18 191 |
|---|
| 289 | | - | months 3 years after such claim accrues and the Department of 192 |
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| 290 | | - | Financial Services or the appropriate agency denies the claim in 193 |
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| 291 | | - | writing; except that, if: 194 |
|---|
| 292 | | - | 1. Such claim is for contribution pursuant to s. 768.31, 195 |
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| 293 | | - | it must be so presented within 6 months after the judgment 196 |
|---|
| 294 | | - | against the tortfeasor seeking contribution has become final by 197 |
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| 295 | | - | lapse of time for appeal or after appellate review or, if there 198 |
|---|
| 296 | | - | is no such judgment, within 6 months after the tortfeasor 199 |
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| 297 | | - | seeking contribution has either discharged the common liability 200 |
|---|
| 298 | | - | |
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| 299 | | - | CS/HB 301 2025 |
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| 300 | | - | |
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| 301 | | - | |
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| 302 | | - | |
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| 303 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | | - | hb301-01-c1 |
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| 273 | + | enforcement officers and relevant state and federal laws. If the 176 |
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| 274 | + | governing body of a municipality or a person authorized by the 177 |
|---|
| 275 | + | governing body of the municipality breaches that duty, the 178 |
|---|
| 276 | + | municipality is civilly liable for any damages, including 179 |
|---|
| 277 | + | damages arising from personal injury, wrongful death, or 180 |
|---|
| 278 | + | property damages proximately caused by the municipality's breach 181 |
|---|
| 279 | + | of duty. The sovereign immunity recovery limits in paragraph (b) 182 |
|---|
| 280 | + | (a) do not apply to an action under this paragraph. 183 |
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| 281 | + | (g) When determining liability limits for a claim, the 184 |
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| 282 | + | limitations of liability in effect on the date the claim accrues 185 |
|---|
| 283 | + | shall apply to the claim. 186 |
|---|
| 284 | + | (6)(a) An action may not be instituted on a claim against 187 |
|---|
| 285 | + | the state or one of its agencies or subdivisions unless the 188 |
|---|
| 286 | + | claimant presents the claim in writing to the appropriate 189 |
|---|
| 287 | + | agency, and also, except as to any claim against a municipality, 190 |
|---|
| 288 | + | county, or the Florida Space Authority, presents such claim in 191 |
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| 289 | + | writing to the Depar tment of Financial Services, within 18 192 |
|---|
| 290 | + | months 3 years after such claim accrues and the Department of 193 |
|---|
| 291 | + | Financial Services or the appropriate agency denies the claim in 194 |
|---|
| 292 | + | writing; except that, if: 195 |
|---|
| 293 | + | 1. Such claim is for contribution pursuant to s. 768.31, 196 |
|---|
| 294 | + | it must be so presented within 6 months after the judgment 197 |
|---|
| 295 | + | against the tortfeasor seeking contribution has become final by 198 |
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| 296 | + | lapse of time for appeal or after appellate review or, if there 199 |
|---|
| 297 | + | is no such judgment, within 6 months after the tortfeasor 200 |
|---|
| 298 | + | |
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| 299 | + | HB 301 2025 |
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| 300 | + | |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | + | hb301-00 |
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| 310 | | - | by payment or agreed, while the action is pending against her or 201 |
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| 311 | | - | him, to discharge the common liability; or 202 |
|---|
| 312 | | - | 2. Such action arises from a violation of s. 794.011 203 |
|---|
| 313 | | - | involving a victim who was under the age of 1 6 years at the time 204 |
|---|
| 314 | | - | of the act, the claimant may present the claim in writing at any 205 |
|---|
| 315 | | - | time. This subparagraph applies to any such action other than an 206 |
|---|
| 316 | | - | action that would have been time barred on or before October 1, 207 |
|---|
| 317 | | - | 2025 is for wrongful death, the claimant m ust present the claim 208 |
|---|
| 318 | | - | in writing to the Department of Financial Services within 2 209 |
|---|
| 319 | | - | years after the claim accrues . 210 |
|---|
| 320 | | - | (d) For purposes of this section, complete, accurate, and 211 |
|---|
| 321 | | - | timely compliance with the requirements of paragraph (c) shall 212 |
|---|
| 322 | | - | occur prior to settl ement payment, close of discovery or 213 |
|---|
| 323 | | - | commencement of trial, whichever is sooner; provided the ability 214 |
|---|
| 324 | | - | to plead setoff is not precluded by the delay. This setoff shall 215 |
|---|
| 325 | | - | apply only against that part of the settlement or judgment 216 |
|---|
| 326 | | - | payable to the claimant, minus claimant's reasonable attorney 217 |
|---|
| 327 | | - | attorney's fees and costs. Incomplete or inaccurate disclosure 218 |
|---|
| 328 | | - | of unpaid adjudicated claims due the state, its agency, officer, 219 |
|---|
| 329 | | - | or subdivision, may be excused by the court upon a showing by 220 |
|---|
| 330 | | - | the preponderance of the evidence of the claimant's lack of 221 |
|---|
| 331 | | - | knowledge of an adjudicated claim and reasonable inquiry by, or 222 |
|---|
| 332 | | - | on behalf of, the claimant to obtain the information from public 223 |
|---|
| 333 | | - | records. Unless the appropriate agency had actual notice of the 224 |
|---|
| 334 | | - | information required to be disclosed by paragraph (c) in time to 225 |
|---|
| 335 | | - | |
|---|
| 336 | | - | CS/HB 301 2025 |
|---|
| 337 | | - | |
|---|
| 338 | | - | |
|---|
| 339 | | - | |
|---|
| 340 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 341 | | - | hb301-01-c1 |
|---|
| 310 | + | seeking contribution has either discharged the common liability 201 |
|---|
| 311 | + | by payment or agreed, while the action is pending against her or 202 |
|---|
| 312 | + | him, to discharge the common liability; or 203 |
|---|
| 313 | + | 2. Such action arises from a violation of s. 794.011 204 |
|---|
| 314 | + | involving a victim who was under the age of 1 6 years at the time 205 |
|---|
| 315 | + | of the act, the claimant may present the claim in writing at any 206 |
|---|
| 316 | + | time. This subparagraph applies to any such action other than an 207 |
|---|
| 317 | + | action that would have been time barred on or before October 1, 208 |
|---|
| 318 | + | 2025 is for wrongful death, the claimant m ust present the claim 209 |
|---|
| 319 | + | in writing to the Department of Financial Services within 2 210 |
|---|
| 320 | + | years after the claim accrues . 211 |
|---|
| 321 | + | (d) For purposes of this section, complete, accurate, and 212 |
|---|
| 322 | + | timely compliance with the requirements of paragraph (c) shall 213 |
|---|
| 323 | + | occur prior to settl ement payment, close of discovery or 214 |
|---|
| 324 | + | commencement of trial, whichever is sooner; provided the ability 215 |
|---|
| 325 | + | to plead setoff is not precluded by the delay. This setoff shall 216 |
|---|
| 326 | + | apply only against that part of the settlement or judgment 217 |
|---|
| 327 | + | payable to the claimant, minus claimant's reasonable attorney 218 |
|---|
| 328 | + | attorney's fees and costs. Incomplete or inaccurate disclosure 219 |
|---|
| 329 | + | of unpaid adjudicated claims due the state, its agency, officer, 220 |
|---|
| 330 | + | or subdivision, may be excused by the court upon a showing by 221 |
|---|
| 331 | + | the preponderance of the evidence of the claimant's lack of 222 |
|---|
| 332 | + | knowledge of an adjudicated claim and reasonable inquiry by, or 223 |
|---|
| 333 | + | on behalf of, the claimant to obtain the information from public 224 |
|---|
| 334 | + | records. Unless the appropriate agency had actual notice of the 225 |
|---|
| 335 | + | |
|---|
| 336 | + | HB 301 2025 |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | |
|---|
| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 341 | + | hb301-00 |
|---|
| 347 | | - | assert a setoff, an unexcused failure to disclose shall, upon 226 |
|---|
| 348 | | - | hearing and order of court, cause the claimant to be liable for 227 |
|---|
| 349 | | - | double the original undisclosed judgment and, upon further 228 |
|---|
| 350 | | - | motion, the court shall enter judgment for the agency in that 229 |
|---|
| 351 | | - | amount. Except as provided otherwise in this subsection, the 230 |
|---|
| 352 | | - | failure of the Department of Financial Services or the 231 |
|---|
| 353 | | - | appropriate agency to make final disposition of a claim within 4 232 |
|---|
| 354 | | - | 6 months after it is filed shall be deemed a final denia l of the 233 |
|---|
| 355 | | - | claim for purposes of this section. For purposes of this 234 |
|---|
| 356 | | - | subsection, in medical malpractice actions and in wrongful death 235 |
|---|
| 357 | | - | actions, the failure of the Department of Financial Services or 236 |
|---|
| 358 | | - | the appropriate agency to make final disposition of a claim 237 |
|---|
| 359 | | - | within 90 days after it is filed shall be deemed a final denial 238 |
|---|
| 360 | | - | of the claim. The statute of limitations for medical malpractice 239 |
|---|
| 361 | | - | actions and wrongful death actions is tolled as to all 240 |
|---|
| 362 | | - | prospective defendants for the period of time taken by the 241 |
|---|
| 363 | | - | Department of Financial Services or the appropriate agency to 242 |
|---|
| 364 | | - | deny the claim. The provisions of this subsection do not apply 243 |
|---|
| 365 | | - | to such claims as may be asserted by counterclaim pursuant to s. 244 |
|---|
| 366 | | - | 768.14. 245 |
|---|
| 367 | | - | (14) Every claim against the state or one of its agencies 246 |
|---|
| 368 | | - | or subdivisions for damages for a negligent or wrongful act or 247 |
|---|
| 369 | | - | omission pursuant to this section shall be forever barred unless 248 |
|---|
| 370 | | - | the civil action is commenced by filing a complaint in the court 249 |
|---|
| 371 | | - | of appropriate jurisdiction : 250 |
|---|
| 372 | | - | |
|---|
| 373 | | - | CS/HB 301 2025 |
|---|
| 374 | | - | |
|---|
| 375 | | - | |
|---|
| 376 | | - | |
|---|
| 377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | | - | hb301-01-c1 |
|---|
| 347 | + | information required to be disclosed by paragraph (c) in time to 226 |
|---|
| 348 | + | assert a setoff, an unexcused failure to disclose shall, upon 227 |
|---|
| 349 | + | hearing and order of court, cause the claimant to be liable for 228 |
|---|
| 350 | + | double the original undisclosed judgment and, upon further 229 |
|---|
| 351 | + | motion, the court shall enter judgment for the agency in that 230 |
|---|
| 352 | + | amount. Except as provided otherwise in this subsection, the 231 |
|---|
| 353 | + | failure of the Department of Financial Services or the 232 |
|---|
| 354 | + | appropriate agency to make final disposition of a claim within 4 233 |
|---|
| 355 | + | 6 months after it is filed shall be deemed a final denia l of the 234 |
|---|
| 356 | + | claim for purposes of this section. For purposes of this 235 |
|---|
| 357 | + | subsection, in medical malpractice actions and in wrongful death 236 |
|---|
| 358 | + | actions, the failure of the Department of Financial Services or 237 |
|---|
| 359 | + | the appropriate agency to make final disposition of a claim 238 |
|---|
| 360 | + | within 90 days after it is filed shall be deemed a final denial 239 |
|---|
| 361 | + | of the claim. The statute of limitations for medical malpractice 240 |
|---|
| 362 | + | actions and wrongful death actions is tolled as to all 241 |
|---|
| 363 | + | prospective defendants for the period of time taken by the 242 |
|---|
| 364 | + | Department of Financial Services or the appropriate agency to 243 |
|---|
| 365 | + | deny the claim. The provisions of this subsection do not apply 244 |
|---|
| 366 | + | to such claims as may be asserted by counterclaim pursuant to s. 245 |
|---|
| 367 | + | 768.14. 246 |
|---|
| 368 | + | (14) Every claim against the state or one of its agencies 247 |
|---|
| 369 | + | or subdivisions for damages for a negligent or wrongful act or 248 |
|---|
| 370 | + | omission pursuant to this section shall be forever barred unless 249 |
|---|
| 371 | + | the civil action is commenced by filing a complaint in the court 250 |
|---|
| 372 | + | |
|---|
| 373 | + | HB 301 2025 |
|---|
| 374 | + | |
|---|
| 375 | + | |
|---|
| 376 | + | |
|---|
| 377 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | + | hb301-00 |
|---|
| 384 | | - | (a) Within 2 4 years for an action founded o n negligence. 251 |
|---|
| 385 | | - | (b) Within the limitations provided in s. 768.31(4) for an 252 |
|---|
| 386 | | - | action for contribution. 253 |
|---|
| 387 | | - | (c) Within the limitations provided in s. 95.11(5) for an 254 |
|---|
| 388 | | - | action for damages arising from medical malpractice or wrongful 255 |
|---|
| 389 | | - | death. 256 |
|---|
| 390 | | - | (d) At any time for an action arising from an act 257 |
|---|
| 391 | | - | constituting a violation of s. 794.011 involving a victim who 258 |
|---|
| 392 | | - | was under the age of 16 years at the time of the act. This 259 |
|---|
| 393 | | - | paragraph applies to any such action other than an action that 260 |
|---|
| 394 | | - | would have been time barred on or before Octo ber 1, 2025. 261 |
|---|
| 395 | | - | (e) Within 4 years for any other action not specified in 262 |
|---|
| 396 | | - | this subsection after such claim accrues; except that an action 263 |
|---|
| 397 | | - | for contribution must be commenced within the limitations 264 |
|---|
| 398 | | - | provided in s. 768.31(4), and an action for damages arising fr om 265 |
|---|
| 399 | | - | medical malpractice or wrongful death must be commenced within 266 |
|---|
| 400 | | - | the limitations for such actions in s. 95.11(5) . 267 |
|---|
| 401 | | - | Section 2. Subsection (2) of section 944.713, Florida 268 |
|---|
| 402 | | - | Statutes, is amended to read: 269 |
|---|
| 403 | | - | 944.713 Insurance against liability. — 270 |
|---|
| 404 | | - | (2) The contract shall provide for indemnification of the 271 |
|---|
| 405 | | - | state by the private vendor for any liabilities incurred up to 272 |
|---|
| 406 | | - | the limits provided under s. 768.28(5). The contract shall 273 |
|---|
| 407 | | - | provide that the private vendor, or the insurer of the private 274 |
|---|
| 408 | | - | vendor, is liable to pay any claim or judgment for any one 275 |
|---|
| 409 | | - | |
|---|
| 410 | | - | CS/HB 301 2025 |
|---|
| 411 | | - | |
|---|
| 412 | | - | |
|---|
| 413 | | - | |
|---|
| 414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | | - | hb301-01-c1 |
|---|
| 384 | + | of appropriate jurisdiction : 251 |
|---|
| 385 | + | (a) Within 2 4 years for an action founded o n negligence. 252 |
|---|
| 386 | + | (b) Within the limitations provided in s. 768.31(4) for an 253 |
|---|
| 387 | + | action for contribution. 254 |
|---|
| 388 | + | (c) Within the limitations provided in s. 95.11(5) for an 255 |
|---|
| 389 | + | action for damages arising from medical malpractice or wrongful 256 |
|---|
| 390 | + | death. 257 |
|---|
| 391 | + | (d) At any time for an action arising from an act 258 |
|---|
| 392 | + | constituting a violation of s. 794.011 involving a victim who 259 |
|---|
| 393 | + | was under the age of 16 years at the time of the act. This 260 |
|---|
| 394 | + | paragraph applies to any such action other than an action that 261 |
|---|
| 395 | + | would have been time barred on or before Octo ber 1, 2025. 262 |
|---|
| 396 | + | (e) Within 4 years for any other action not specified in 263 |
|---|
| 397 | + | this subsection after such claim accrues; except that an action 264 |
|---|
| 398 | + | for contribution must be commenced within the limitations 265 |
|---|
| 399 | + | provided in s. 768.31(4), and an action for damages arising fr om 266 |
|---|
| 400 | + | medical malpractice or wrongful death must be commenced within 267 |
|---|
| 401 | + | the limitations for such actions in s. 95.11(5) . 268 |
|---|
| 402 | + | Section 2. Subsection (2) of section 944.713, Florida 269 |
|---|
| 403 | + | Statutes, is amended to read: 270 |
|---|
| 404 | + | 944.713 Insurance against liability. — 271 |
|---|
| 405 | + | (2) The contract shall provide for indemnification of the 272 |
|---|
| 406 | + | state by the private vendor for any liabilities incurred up to 273 |
|---|
| 407 | + | the limits provided under s. 768.28(5). The contract shall 274 |
|---|
| 408 | + | provide that the private vendor, or the insurer of the private 275 |
|---|
| 409 | + | |
|---|
| 410 | + | HB 301 2025 |
|---|
| 411 | + | |
|---|
| 412 | + | |
|---|
| 413 | + | |
|---|
| 414 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | + | hb301-00 |
|---|
| 421 | | - | person which does not exceed the applicable maximum amount 276 |
|---|
| 422 | | - | provided in s. 768.28(5) the sum of $100,000 or any claim or 277 |
|---|
| 423 | | - | judgment, or portions thereof, which, when totaled with all 278 |
|---|
| 424 | | - | other claims or judgments ari sing out of the same incident or 279 |
|---|
| 425 | | - | occurrence, does not exceed the sum of $200,000 . In addition, 280 |
|---|
| 426 | | - | the contractor must agree to defend, hold harmless, and 281 |
|---|
| 427 | | - | indemnify the department against any and all actions, claims, 282 |
|---|
| 428 | | - | damages and losses, including costs and attorney attorney's 283 |
|---|
| 429 | | - | fees. 284 |
|---|
| 430 | | - | Section 3. For the purpose of incorporating the amendment 285 |
|---|
| 431 | | - | made by this act to section 768.28, Florida Statutes, in a 286 |
|---|
| 432 | | - | reference thereto, subsection (5) of section 45.061, Florida 287 |
|---|
| 433 | | - | Statutes, is reenacted to read: 288 |
|---|
| 434 | | - | 45.061 Offers of settlement.— 289 |
|---|
| 435 | | - | (5) Sanctions authorized under this section may be imposed 290 |
|---|
| 436 | | - | notwithstanding any limitation on recovery of costs or expenses 291 |
|---|
| 437 | | - | which may be provided by contract or in other provisions of 292 |
|---|
| 438 | | - | Florida law. This section shall not be construed to waive the 293 |
|---|
| 439 | | - | limits of sovereign immunity set forth in s. 768.28. 294 |
|---|
| 440 | | - | Section 4. For the purpose of incorporating the amendment 295 |
|---|
| 441 | | - | made by this act to section 768.28, Florida Statutes, in a 296 |
|---|
| 442 | | - | reference thereto, subsection (4) of section 110.504, Florida 297 |
|---|
| 443 | | - | Statutes, is reenacted to read: 298 |
|---|
| 444 | | - | 110.504 Volunteer benefits. — 299 |
|---|
| 445 | | - | (4) Volunteers shall be covered by state liability 300 |
|---|
| 446 | | - | |
|---|
| 447 | | - | CS/HB 301 2025 |
|---|
| 448 | | - | |
|---|
| 449 | | - | |
|---|
| 450 | | - | |
|---|
| 451 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | | - | hb301-01-c1 |
|---|
| 421 | + | vendor, is liable to pay any claim or judgment for any one 276 |
|---|
| 422 | + | person which does not exceed the applicable maximum amount 277 |
|---|
| 423 | + | provided in s. 768.28(5) the sum of $100,000 or any claim or 278 |
|---|
| 424 | + | judgment, or portions thereof, which, when totaled with all 279 |
|---|
| 425 | + | other claims or judgments ari sing out of the same incident or 280 |
|---|
| 426 | + | occurrence, does not exceed the sum of $200,000 . In addition, 281 |
|---|
| 427 | + | the contractor must agree to defend, hold harmless, and 282 |
|---|
| 428 | + | indemnify the department against any and all actions, claims, 283 |
|---|
| 429 | + | damages and losses, including costs and attorney attorney's 284 |
|---|
| 430 | + | fees. 285 |
|---|
| 431 | + | Section 3. For the purpose of incorporating the amendment 286 |
|---|
| 432 | + | made by this act to section 768.28, Florida Statutes, in a 287 |
|---|
| 433 | + | reference thereto, subsection (5) of section 45.061, Florida 288 |
|---|
| 434 | + | Statutes, is reenacted to read: 289 |
|---|
| 435 | + | 45.061 Offers of settlement.— 290 |
|---|
| 436 | + | (5) Sanctions authorized under this section may be imposed 291 |
|---|
| 437 | + | notwithstanding any limitation on recovery of costs or expenses 292 |
|---|
| 438 | + | which may be provided by contract or in other provisions of 293 |
|---|
| 439 | + | Florida law. This section shall not be construed to waive the 294 |
|---|
| 440 | + | limits of sovereign immunity set forth in s. 768.28. 295 |
|---|
| 441 | + | Section 4. For the purpose of incorporating the amendment 296 |
|---|
| 442 | + | made by this act to section 768.28, Florida Statutes, in a 297 |
|---|
| 443 | + | reference thereto, subsection (4) of section 110.504, Florida 298 |
|---|
| 444 | + | Statutes, is reenacted to read: 299 |
|---|
| 445 | + | 110.504 Volunteer benefits. — 300 |
|---|
| 446 | + | |
|---|
| 447 | + | HB 301 2025 |
|---|
| 448 | + | |
|---|
| 449 | + | |
|---|
| 450 | + | |
|---|
| 451 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 452 | + | hb301-00 |
|---|
| 458 | | - | protection in accordance with the definition of a volunteer and 301 |
|---|
| 459 | | - | the provisions of s. 768.28. 302 |
|---|
| 460 | | - | Section 5. For the purpose of incorporating the amendment 303 |
|---|
| 461 | | - | made by this act to section 768.28, Florida Statutes, in a 304 |
|---|
| 462 | | - | reference thereto, paragraph (a) of subsection (1) of section 305 |
|---|
| 463 | | - | 111.071, Florida Statutes, is reenacted to read: 306 |
|---|
| 464 | | - | 111.071 Payment of judgments or settlements against 307 |
|---|
| 465 | | - | certain public officers or emplo yees.— 308 |
|---|
| 466 | | - | (1) Any county, municipality, political subdivision, or 309 |
|---|
| 467 | | - | agency of the state which has been excluded from participation 310 |
|---|
| 468 | | - | in the Insurance Risk Management Trust Fund is authorized to 311 |
|---|
| 469 | | - | expend available funds to pay: 312 |
|---|
| 470 | | - | (a) Any final judgment, including damages, costs, and 313 |
|---|
| 471 | | - | attorney's fees, arising from a complaint for damages or injury 314 |
|---|
| 472 | | - | suffered as a result of any act or omission of action of any 315 |
|---|
| 473 | | - | officer, employee, or agent in a civil or civil rights lawsuit 316 |
|---|
| 474 | | - | described in s. 111.07. If the civil action aris es under s. 317 |
|---|
| 475 | | - | 768.28 as a tort claim, the limitations and provisions of s. 318 |
|---|
| 476 | | - | 768.28 governing payment shall apply. If the action is a civil 319 |
|---|
| 477 | | - | rights action arising under 42 U.S.C. s. 1983, or similar 320 |
|---|
| 478 | | - | federal statutes, payments for the full amount of the judgment 321 |
|---|
| 479 | | - | may be made unless the officer, employee, or agent has been 322 |
|---|
| 480 | | - | determined in the final judgment to have caused the harm 323 |
|---|
| 481 | | - | intentionally. 324 |
|---|
| 482 | | - | Section 6. For the purpose of incorporating the amendment 325 |
|---|
| 483 | | - | |
|---|
| 484 | | - | CS/HB 301 2025 |
|---|
| 485 | | - | |
|---|
| 486 | | - | |
|---|
| 487 | | - | |
|---|
| 488 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 489 | | - | hb301-01-c1 |
|---|
| 458 | + | (4) Volunteers shall be covered by state liability 301 |
|---|
| 459 | + | protection in accordance with the definition of a volunteer and 302 |
|---|
| 460 | + | the provisions of s. 768.28. 303 |
|---|
| 461 | + | Section 5. For the purpose of incorporating the amendment 304 |
|---|
| 462 | + | made by this act to section 768.28, Florida Statutes, in a 305 |
|---|
| 463 | + | reference thereto, paragraph (a) of subsection (1) of section 306 |
|---|
| 464 | + | 111.071, Florida Statutes, is reenacted to read: 307 |
|---|
| 465 | + | 111.071 Payment of judgments or settlements against 308 |
|---|
| 466 | + | certain public officers or emplo yees.— 309 |
|---|
| 467 | + | (1) Any county, municipality, political subdivision, or 310 |
|---|
| 468 | + | agency of the state which has been excluded from participation 311 |
|---|
| 469 | + | in the Insurance Risk Management Trust Fund is authorized to 312 |
|---|
| 470 | + | expend available funds to pay: 313 |
|---|
| 471 | + | (a) Any final judgment, including damages, costs, and 314 |
|---|
| 472 | + | attorney's fees, arising from a complaint for damages or injury 315 |
|---|
| 473 | + | suffered as a result of any act or omission of action of any 316 |
|---|
| 474 | + | officer, employee, or agent in a civil or civil rights lawsuit 317 |
|---|
| 475 | + | described in s. 111.07. If the civil action aris es under s. 318 |
|---|
| 476 | + | 768.28 as a tort claim, the limitations and provisions of s. 319 |
|---|
| 477 | + | 768.28 governing payment shall apply. If the action is a civil 320 |
|---|
| 478 | + | rights action arising under 42 U.S.C. s. 1983, or similar 321 |
|---|
| 479 | + | federal statutes, payments for the full amount of the judgment 322 |
|---|
| 480 | + | may be made unless the officer, employee, or agent has been 323 |
|---|
| 481 | + | determined in the final judgment to have caused the harm 324 |
|---|
| 482 | + | intentionally. 325 |
|---|
| 483 | + | |
|---|
| 484 | + | HB 301 2025 |
|---|
| 485 | + | |
|---|
| 486 | + | |
|---|
| 487 | + | |
|---|
| 488 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 489 | + | hb301-00 |
|---|
| 495 | | - | made by this act to section 768.28, Florida Statutes, in a 326 |
|---|
| 496 | | - | reference thereto, paragraph (b) of subsection (2) of section 327 |
|---|
| 497 | | - | 125.01015, Florida Statutes, is reenacted to read: 328 |
|---|
| 498 | | - | 125.01015 Office of the sheriff. — 329 |
|---|
| 499 | | - | (2) To ensure the successful transfer of the exclusive 330 |
|---|
| 500 | | - | policing responsibility and authority to the sheriff in a 331 |
|---|
| 501 | | - | county, as defined in s. 125.011(1), the board of county 332 |
|---|
| 502 | | - | commissioners shall: 333 |
|---|
| 503 | | - | (b) After the election of the sheriff is certified: 334 |
|---|
| 504 | | - | 1. Provide funding for all of the necessary staff and 335 |
|---|
| 505 | | - | office space for the sheriff -elect to establish an independent 336 |
|---|
| 506 | | - | office of the sheriff, so that the office may effectively 337 |
|---|
| 507 | | - | operate and perform all of the functions required by general law 338 |
|---|
| 508 | | - | when the sheriff-elect takes office. 339 |
|---|
| 509 | | - | 2. Provide funding for the sheriff -elect to select any 340 |
|---|
| 510 | | - | necessary insurances not provided by t he county through the 341 |
|---|
| 511 | | - | interlocal agreement required under sub -subparagraph 6.d. to 342 |
|---|
| 512 | | - | allow the sheriff to effectively operate and perform all of the 343 |
|---|
| 513 | | - | functions required by general law when he or she takes office. 344 |
|---|
| 514 | | - | 3. Provide funding for the sheriff -elect to establish bank 345 |
|---|
| 515 | | - | and other accounts, as necessary, in his or her official 346 |
|---|
| 516 | | - | capacity as sheriff, so that such accounts become operational 347 |
|---|
| 517 | | - | when he or she takes office. 348 |
|---|
| 518 | | - | 4. Unless otherwise transferable based on existing surety 349 |
|---|
| 519 | | - | bonds for the sheriff's deputies, provide funding for and 350 |
|---|
| 520 | | - | |
|---|
| 521 | | - | CS/HB 301 2025 |
|---|
| 522 | | - | |
|---|
| 523 | | - | |
|---|
| 524 | | - | |
|---|
| 525 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 526 | | - | hb301-01-c1 |
|---|
| 495 | + | Section 6. For the purpose of incorporating the amendment 326 |
|---|
| 496 | + | made by this act to section 768.28, Florida Statutes, in a 327 |
|---|
| 497 | + | reference thereto, paragraph (b) of subsection (2) of section 328 |
|---|
| 498 | + | 125.01015, Florida Statutes, is reenacted to read: 329 |
|---|
| 499 | + | 125.01015 Office of the sheriff. — 330 |
|---|
| 500 | + | (2) To ensure the successful transfer of the exclusive 331 |
|---|
| 501 | + | policing responsibility and authority to the sheriff in a 332 |
|---|
| 502 | + | county, as defined in s. 125.011(1), the board of county 333 |
|---|
| 503 | + | commissioners shall: 334 |
|---|
| 504 | + | (b) After the election of the sheriff is certified: 335 |
|---|
| 505 | + | 1. Provide funding for all of the necessary staff and 336 |
|---|
| 506 | + | office space for the sheriff -elect to establish an independent 337 |
|---|
| 507 | + | office of the sheriff, so that the office may effectively 338 |
|---|
| 508 | + | operate and perform all of the functions required by general law 339 |
|---|
| 509 | + | when the sheriff-elect takes office. 340 |
|---|
| 510 | + | 2. Provide funding for the sheriff -elect to select any 341 |
|---|
| 511 | + | necessary insurances not provided by t he county through the 342 |
|---|
| 512 | + | interlocal agreement required under sub -subparagraph 6.d. to 343 |
|---|
| 513 | + | allow the sheriff to effectively operate and perform all of the 344 |
|---|
| 514 | + | functions required by general law when he or she takes office. 345 |
|---|
| 515 | + | 3. Provide funding for the sheriff -elect to establish bank 346 |
|---|
| 516 | + | and other accounts, as necessary, in his or her official 347 |
|---|
| 517 | + | capacity as sheriff, so that such accounts become operational 348 |
|---|
| 518 | + | when he or she takes office. 349 |
|---|
| 519 | + | 4. Unless otherwise transferable based on existing surety 350 |
|---|
| 520 | + | |
|---|
| 521 | + | HB 301 2025 |
|---|
| 522 | + | |
|---|
| 523 | + | |
|---|
| 524 | + | |
|---|
| 525 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 526 | + | hb301-00 |
|---|
| 532 | | - | facilitate procurement of the required surety bonds for deputy 351 |
|---|
| 533 | | - | sheriffs pursuant to s. 30.09, so that such bonds are in place 352 |
|---|
| 534 | | - | when the sheriff-elect takes office. 353 |
|---|
| 535 | | - | 5. Prepare and deliver to the office of the sheriff all 354 |
|---|
| 536 | | - | documents, property, and other items listed in subsection (4). 355 |
|---|
| 537 | | - | 6. Notwithstanding any provision to the contrary, for a 356 |
|---|
| 538 | | - | term commencing on January 7, 2025, and ending on or after 357 |
|---|
| 539 | | - | September 30, 2028, provide the sheriff -elect taking office 358 |
|---|
| 540 | | - | with, and require the sher iff-elect taking office to use, not 359 |
|---|
| 541 | | - | less than the substantially and materially same support 360 |
|---|
| 542 | | - | services, facilities, office space, and information technology 361 |
|---|
| 543 | | - | infrastructure provided to county offices or departments 362 |
|---|
| 544 | | - | performing the duties to be performed by the sheriff-elect upon 363 |
|---|
| 545 | | - | taking office in the 1 -year period before he or she takes 364 |
|---|
| 546 | | - | office. 365 |
|---|
| 547 | | - | a. As used in this subparagraph, the term "support 366 |
|---|
| 548 | | - | services" includes: 367 |
|---|
| 549 | | - | (I) Property and facilities, and the management and 368 |
|---|
| 550 | | - | maintenance for such property and facilitie s. 369 |
|---|
| 551 | | - | (II) Communications infrastructure, including telephone 370 |
|---|
| 552 | | - | and Internet connectivity. 371 |
|---|
| 553 | | - | (III) Risk management, including processing, adjusting, 372 |
|---|
| 554 | | - | and payment of all claims and demands, including those made 373 |
|---|
| 555 | | - | under s. 768.28. The county shall provide the sher iff with all 374 |
|---|
| 556 | | - | required general liability, property, and other insurance 375 |
|---|
| 557 | | - | |
|---|
| 558 | | - | CS/HB 301 2025 |
|---|
| 559 | | - | |
|---|
| 560 | | - | |
|---|
| 561 | | - | |
|---|
| 562 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 563 | | - | hb301-01-c1 |
|---|
| 532 | + | bonds for the sheriff's deputies, provide funding for and 351 |
|---|
| 533 | + | facilitate procurement of the required surety bonds for deputy 352 |
|---|
| 534 | + | sheriffs pursuant to s. 30.09, so that such bonds are in place 353 |
|---|
| 535 | + | when the sheriff-elect takes office. 354 |
|---|
| 536 | + | 5. Prepare and deliver to the office of the sheriff all 355 |
|---|
| 537 | + | documents, property, and other items listed in subsection (4). 356 |
|---|
| 538 | + | 6. Notwithstanding any provision to the contrary, for a 357 |
|---|
| 539 | + | term commencing on January 7, 2025, and ending on or after 358 |
|---|
| 540 | + | September 30, 2028, provide the sheriff -elect taking office 359 |
|---|
| 541 | + | with, and require the sher iff-elect taking office to use, not 360 |
|---|
| 542 | + | less than the substantially and materially same support 361 |
|---|
| 543 | + | services, facilities, office space, and information technology 362 |
|---|
| 544 | + | infrastructure provided to county offices or departments 363 |
|---|
| 545 | + | performing the duties to be performed by the sheriff-elect upon 364 |
|---|
| 546 | + | taking office in the 1 -year period before he or she takes 365 |
|---|
| 547 | + | office. 366 |
|---|
| 548 | + | a. As used in this subparagraph, the term "support 367 |
|---|
| 549 | + | services" includes: 368 |
|---|
| 550 | + | (I) Property and facilities, and the management and 369 |
|---|
| 551 | + | maintenance for such property and facilitie s. 370 |
|---|
| 552 | + | (II) Communications infrastructure, including telephone 371 |
|---|
| 553 | + | and Internet connectivity. 372 |
|---|
| 554 | + | (III) Risk management, including processing, adjusting, 373 |
|---|
| 555 | + | and payment of all claims and demands, including those made 374 |
|---|
| 556 | + | under s. 768.28. The county shall provide the sher iff with all 375 |
|---|
| 557 | + | |
|---|
| 558 | + | HB 301 2025 |
|---|
| 559 | + | |
|---|
| 560 | + | |
|---|
| 561 | + | |
|---|
| 562 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 563 | + | hb301-00 |
|---|
| 569 | | - | coverage through its self -insurance program, a self -insurance 376 |
|---|
| 570 | | - | risk pool, or commercial insurance. If the county provides 377 |
|---|
| 571 | | - | insurance through a self -insurance program, the county must also 378 |
|---|
| 572 | | - | provide the sheriff with commercial stop -loss coverage in an 379 |
|---|
| 573 | | - | amount and with a self -insured retention agreed upon by the 380 |
|---|
| 574 | | - | sheriff and the county. 381 |
|---|
| 575 | | - | (IV) Legal representation and advice through the office of 382 |
|---|
| 576 | | - | the county attorney for all claims, demands, and causes of 383 |
|---|
| 577 | | - | action brought against the sheriff, his or her deputies, or 384 |
|---|
| 578 | | - | other personnel in their official and individual capacities, 385 |
|---|
| 579 | | - | while acting in their official and individual capacities, 386 |
|---|
| 580 | | - | including any required outside counsel due to conflicts of 387 |
|---|
| 581 | | - | interest. This sub-sub-subparagraph does not prohibit the 388 |
|---|
| 582 | | - | sheriff from employing or retaining his or her own legal 389 |
|---|
| 583 | | - | representation as he or she deems necessary. 390 |
|---|
| 584 | | - | (V) Purchasing and procurement services using procedures 391 |
|---|
| 585 | | - | under the laws and ordinances applicable to t he county for 392 |
|---|
| 586 | | - | purchases requiring competitive procurement. 393 |
|---|
| 587 | | - | (VI) Budget and fiscal software and budget development 394 |
|---|
| 588 | | - | services. 395 |
|---|
| 589 | | - | (VII) Human resource services, including, but not limited 396 |
|---|
| 590 | | - | to, facilitation of the hiring process, including employee 397 |
|---|
| 591 | | - | applicant screening and employee applicant background checks, 398 |
|---|
| 592 | | - | and employee benefit administration. The county may provide 399 |
|---|
| 593 | | - | human resource services to the sheriff. However, the sheriff is 400 |
|---|
| 594 | | - | |
|---|
| 595 | | - | CS/HB 301 2025 |
|---|
| 596 | | - | |
|---|
| 597 | | - | |
|---|
| 598 | | - | |
|---|
| 599 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 600 | | - | hb301-01-c1 |
|---|
| 569 | + | required general liability, property, and other insurance 376 |
|---|
| 570 | + | coverage through its self -insurance program, a self -insurance 377 |
|---|
| 571 | + | risk pool, or commercial insurance. If the county provides 378 |
|---|
| 572 | + | insurance through a self -insurance program, the county must also 379 |
|---|
| 573 | + | provide the sheriff with commercial stop -loss coverage in an 380 |
|---|
| 574 | + | amount and with a self -insured retention agreed upon by the 381 |
|---|
| 575 | + | sheriff and the county. 382 |
|---|
| 576 | + | (IV) Legal representation and advice through the office of 383 |
|---|
| 577 | + | the county attorney for all claims, demands, and causes of 384 |
|---|
| 578 | + | action brought against the sheriff, his or her deputies, or 385 |
|---|
| 579 | + | other personnel in their official and individual capacities, 386 |
|---|
| 580 | + | while acting in their official and individual capacities, 387 |
|---|
| 581 | + | including any required outside counsel due to conflicts of 388 |
|---|
| 582 | + | interest. This sub-sub-subparagraph does not prohibit the 389 |
|---|
| 583 | + | sheriff from employing or retaining his or her own legal 390 |
|---|
| 584 | + | representation as he or she deems necessary. 391 |
|---|
| 585 | + | (V) Purchasing and procurement services using procedures 392 |
|---|
| 586 | + | under the laws and ordinances applicable to t he county for 393 |
|---|
| 587 | + | purchases requiring competitive procurement. 394 |
|---|
| 588 | + | (VI) Budget and fiscal software and budget development 395 |
|---|
| 589 | + | services. 396 |
|---|
| 590 | + | (VII) Human resource services, including, but not limited 397 |
|---|
| 591 | + | to, facilitation of the hiring process, including employee 398 |
|---|
| 592 | + | applicant screening and employee applicant background checks, 399 |
|---|
| 593 | + | and employee benefit administration. The county may provide 400 |
|---|
| 594 | + | |
|---|
| 595 | + | HB 301 2025 |
|---|
| 596 | + | |
|---|
| 597 | + | |
|---|
| 598 | + | |
|---|
| 599 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 600 | + | hb301-00 |
|---|
| 606 | | - | the employer of his or her employees, and the sheriff retains 401 |
|---|
| 607 | | - | full and complete control and authority over the hiring of his 402 |
|---|
| 608 | | - | or her employees and the terms and conditions of employment, 403 |
|---|
| 609 | | - | including employee discipline and termination of employment. The 404 |
|---|
| 610 | | - | provision of human resource services by the county to the 405 |
|---|
| 611 | | - | sheriff does not create a jo int-employer relationship. The 406 |
|---|
| 612 | | - | sheriff's employees shall remain members of the county's health 407 |
|---|
| 613 | | - | insurance and workers' compensation plans for at least the term 408 |
|---|
| 614 | | - | set forth in this subparagraph. 409 |
|---|
| 615 | | - | (VIII) Fleet management, including procurement of all 410 |
|---|
| 616 | | - | vehicles and other mobile assets such as boats and aircraft, and 411 |
|---|
| 617 | | - | all vehicle repair and maintenance. 412 |
|---|
| 618 | | - | b. As used in this subparagraph, the term "information 413 |
|---|
| 619 | | - | technology infrastructure" includes: 414 |
|---|
| 620 | | - | (I) All hardware, including computers. 415 |
|---|
| 621 | | - | (II) Budget and fiscal soft ware, including payroll and 416 |
|---|
| 622 | | - | purchasing software. 417 |
|---|
| 623 | | - | (III) Computer-aided dispatch. 418 |
|---|
| 624 | | - | c. Under a cost allocation plan agreed to by the county 419 |
|---|
| 625 | | - | and the sheriff, the sheriff shall pay the county for such 420 |
|---|
| 626 | | - | support services and information technology infrastructur e from 421 |
|---|
| 627 | | - | his or her general fund budget, except for any support services 422 |
|---|
| 628 | | - | and information technology infrastructure costs that general law 423 |
|---|
| 629 | | - | otherwise and expressly requires the county to fund outside the 424 |
|---|
| 630 | | - | sheriff's budget. 425 |
|---|
| 631 | | - | |
|---|
| 632 | | - | CS/HB 301 2025 |
|---|
| 633 | | - | |
|---|
| 634 | | - | |
|---|
| 635 | | - | |
|---|
| 636 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 637 | | - | hb301-01-c1 |
|---|
| 606 | + | human resource services to the sheriff. However, the sheriff is 401 |
|---|
| 607 | + | the employer of his or her employees, and the sheriff retains 402 |
|---|
| 608 | + | full and complete control and authority over the hiring of his 403 |
|---|
| 609 | + | or her employees and the terms and conditions of employment, 404 |
|---|
| 610 | + | including employee discipline and termination of employment. The 405 |
|---|
| 611 | + | provision of human resource services by the county to the 406 |
|---|
| 612 | + | sheriff does not create a jo int-employer relationship. The 407 |
|---|
| 613 | + | sheriff's employees shall remain members of the county's health 408 |
|---|
| 614 | + | insurance and workers' compensation plans for at least the term 409 |
|---|
| 615 | + | set forth in this subparagraph. 410 |
|---|
| 616 | + | (VIII) Fleet management, including procurement of all 411 |
|---|
| 617 | + | vehicles and other mobile assets such as boats and aircraft, and 412 |
|---|
| 618 | + | all vehicle repair and maintenance. 413 |
|---|
| 619 | + | b. As used in this subparagraph, the term "information 414 |
|---|
| 620 | + | technology infrastructure" includes: 415 |
|---|
| 621 | + | (I) All hardware, including computers. 416 |
|---|
| 622 | + | (II) Budget and fiscal soft ware, including payroll and 417 |
|---|
| 623 | + | purchasing software. 418 |
|---|
| 624 | + | (III) Computer-aided dispatch. 419 |
|---|
| 625 | + | c. Under a cost allocation plan agreed to by the county 420 |
|---|
| 626 | + | and the sheriff, the sheriff shall pay the county for such 421 |
|---|
| 627 | + | support services and information technology infrastructur e from 422 |
|---|
| 628 | + | his or her general fund budget, except for any support services 423 |
|---|
| 629 | + | and information technology infrastructure costs that general law 424 |
|---|
| 630 | + | otherwise and expressly requires the county to fund outside the 425 |
|---|
| 631 | + | |
|---|
| 632 | + | HB 301 2025 |
|---|
| 633 | + | |
|---|
| 634 | + | |
|---|
| 635 | + | |
|---|
| 636 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 637 | + | hb301-00 |
|---|
| 643 | | - | d. To satisfy compliance with this subsection and to 426 |
|---|
| 644 | | - | establish the office of the sheriff in a manner that minimizes 427 |
|---|
| 645 | | - | unnecessary financial expenditures, the county and the sheriff 428 |
|---|
| 646 | | - | shall execute an interlocal agreement addressing the 429 |
|---|
| 647 | | - | requirements of this subsection and other expenditures, 430 |
|---|
| 648 | | - | including an appropriate phase -in period for identification of 431 |
|---|
| 649 | | - | the sheriff's assets with the sheriff's markings to minimize the 432 |
|---|
| 650 | | - | cost to taxpayers. The interlocal agreement shall have a term 433 |
|---|
| 651 | | - | that ends no earlier than September 30, 2028, and may be 434 |
|---|
| 652 | | - | amended, renewed, extended, or newly adopted at any time 435 |
|---|
| 653 | | - | following the expiration or termination of the agreement. After 436 |
|---|
| 654 | | - | the initial period ending no earlier than September 30, 2028, an 437 |
|---|
| 655 | | - | interlocal agreement may be entered into between the county and 438 |
|---|
| 656 | | - | the sheriff which provides for the same or different 439 |
|---|
| 657 | | - | requirements as set forth in this subsection. 440 |
|---|
| 658 | | - | Section 7. For the purpose of incorporating the amendment 441 |
|---|
| 659 | | - | made by this act to section 768.28, Florida Statutes, in a 442 |
|---|
| 660 | | - | reference thereto, paragraph (h) of subsection (3) and paragraph 443 |
|---|
| 661 | | - | (k) of subsection (15) of section 163.01, Florida Statutes, are 444 |
|---|
| 662 | | - | reenacted to read: 445 |
|---|
| 663 | | - | 163.01 Florida Interlocal Cooperation Act of 1969. — 446 |
|---|
| 664 | | - | (3) As used in this section: 447 |
|---|
| 665 | | - | (h) "Local government liability pool" means a reciprocal 448 |
|---|
| 666 | | - | insurer as defined in s. 629.011 or any self -insurance program 449 |
|---|
| 667 | | - | created pursuant to s. 768.28(16), formed and controlled by 450 |
|---|
| 668 | | - | |
|---|
| 669 | | - | CS/HB 301 2025 |
|---|
| 670 | | - | |
|---|
| 671 | | - | |
|---|
| 672 | | - | |
|---|
| 673 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 674 | | - | hb301-01-c1 |
|---|
| 643 | + | sheriff's budget. 426 |
|---|
| 644 | + | d. To satisfy compliance with this subsection and to 427 |
|---|
| 645 | + | establish the office of the sheriff in a manner that minimizes 428 |
|---|
| 646 | + | unnecessary financial expenditures, the county and the sheriff 429 |
|---|
| 647 | + | shall execute an interlocal agreement addressing the 430 |
|---|
| 648 | + | requirements of this subsection and other expenditures, 431 |
|---|
| 649 | + | including an appropriate phase -in period for identification of 432 |
|---|
| 650 | + | the sheriff's assets with the sheriff's markings to minimize the 433 |
|---|
| 651 | + | cost to taxpayers. The interlocal agreement shall have a term 434 |
|---|
| 652 | + | that ends no earlier than September 30, 2028, and may be 435 |
|---|
| 653 | + | amended, renewed, extended, or newly adopted at any time 436 |
|---|
| 654 | + | following the expiration or termination of the agreement. After 437 |
|---|
| 655 | + | the initial period ending no earlier than September 30, 2028, an 438 |
|---|
| 656 | + | interlocal agreement may be entered into between the county and 439 |
|---|
| 657 | + | the sheriff which provides for the same or different 440 |
|---|
| 658 | + | requirements as set forth in this subsection. 441 |
|---|
| 659 | + | Section 7. For the purpose of incorporating the amendment 442 |
|---|
| 660 | + | made by this act to section 768.28, Florida Statutes, in a 443 |
|---|
| 661 | + | reference thereto, paragraph (h) of subsection (3) and paragraph 444 |
|---|
| 662 | + | (k) of subsection (15) of section 163.01, Florida Statutes, are 445 |
|---|
| 663 | + | reenacted to read: 446 |
|---|
| 664 | + | 163.01 Florida Interlocal Cooperation Act of 1969. — 447 |
|---|
| 665 | + | (3) As used in this section: 448 |
|---|
| 666 | + | (h) "Local government liability pool" means a reciprocal 449 |
|---|
| 667 | + | insurer as defined in s. 629.011 or any self -insurance program 450 |
|---|
| 668 | + | |
|---|
| 669 | + | HB 301 2025 |
|---|
| 670 | + | |
|---|
| 671 | + | |
|---|
| 672 | + | |
|---|
| 673 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 674 | + | hb301-00 |
|---|
| 680 | | - | counties or municipalities of this state to provide liability 451 |
|---|
| 681 | | - | insurance coverage for counties, municipalities, or other public 452 |
|---|
| 682 | | - | agencies of this state, which pool may contract with other 453 |
|---|
| 683 | | - | parties for the purpose of providing claims administration, 454 |
|---|
| 684 | | - | processing, accounting, and other administrative facilities. 455 |
|---|
| 685 | | - | (15) Notwithstanding any other provision of this section 456 |
|---|
| 686 | | - | or of any other law except s. 361.14, any public agency of this 457 |
|---|
| 687 | | - | state which is an electric utility, or any separate legal entity 458 |
|---|
| 688 | | - | created pursuant to the provisions of this section, the 459 |
|---|
| 689 | | - | membership of which consists only of electric utilities, and 460 |
|---|
| 690 | | - | which exercises or proposes to exercise the powers granted by 461 |
|---|
| 691 | | - | part II of chapter 361, the Joint Power Act, may exercise any or 462 |
|---|
| 692 | | - | all of the following powers: 463 |
|---|
| 693 | | - | (k) The limitations on waiver in the provisions of s. 464 |
|---|
| 694 | | - | 768.28 or any other law to the contrary notwithstanding, the 465 |
|---|
| 695 | | - | Legislature, in accordance with s. 13, Art. X of the State 466 |
|---|
| 696 | | - | Constitution, hereby declares that any such legal entity or any 467 |
|---|
| 697 | | - | public agency of this state that participates in any electric 468 |
|---|
| 698 | | - | project waives its sovereign immunity to: 469 |
|---|
| 699 | | - | 1. All other persons participating therein; and 470 |
|---|
| 700 | | - | 2. Any person in any manner contracting with a legal 471 |
|---|
| 701 | | - | entity of which any such public agency is a member, with 472 |
|---|
| 702 | | - | relation to: 473 |
|---|
| 703 | | - | a. Ownership, operation, or any other activity set forth 474 |
|---|
| 704 | | - | in sub-subparagraph (b)2.d. with relation to any electric 475 |
|---|
| 705 | | - | |
|---|
| 706 | | - | CS/HB 301 2025 |
|---|
| 707 | | - | |
|---|
| 708 | | - | |
|---|
| 709 | | - | |
|---|
| 710 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 711 | | - | hb301-01-c1 |
|---|
| 680 | + | created pursuant to s. 768.28(16), formed and controlled by 451 |
|---|
| 681 | + | counties or municipalities of this state to provide liability 452 |
|---|
| 682 | + | insurance coverage for counties, municipalities, or other public 453 |
|---|
| 683 | + | agencies of this state, which pool may contract with other 454 |
|---|
| 684 | + | parties for the purpose of providing claims administration, 455 |
|---|
| 685 | + | processing, accounting, and other administrative facilities. 456 |
|---|
| 686 | + | (15) Notwithstanding any other provision of this section 457 |
|---|
| 687 | + | or of any other law except s. 361.14, any public agency of this 458 |
|---|
| 688 | + | state which is an electric utility, or any separate legal entity 459 |
|---|
| 689 | + | created pursuant to the provisions of this section, the 460 |
|---|
| 690 | + | membership of which consists only of electric utilities, and 461 |
|---|
| 691 | + | which exercises or proposes to exercise the powers granted by 462 |
|---|
| 692 | + | part II of chapter 361, the Joint Power Act, may exercise any or 463 |
|---|
| 693 | + | all of the following powers: 464 |
|---|
| 694 | + | (k) The limitations on waiver in the provisions of s. 465 |
|---|
| 695 | + | 768.28 or any other law to the contrary notwithstanding, the 466 |
|---|
| 696 | + | Legislature, in accordance with s. 13, Art. X of the State 467 |
|---|
| 697 | + | Constitution, hereby declares that any such legal entity or any 468 |
|---|
| 698 | + | public agency of this state that participates in any electric 469 |
|---|
| 699 | + | project waives its sovereign immunity to: 470 |
|---|
| 700 | + | 1. All other persons participating therein; and 471 |
|---|
| 701 | + | 2. Any person in any manner contracting with a legal 472 |
|---|
| 702 | + | entity of which any such public agency is a member, with 473 |
|---|
| 703 | + | relation to: 474 |
|---|
| 704 | + | a. Ownership, operation, or any other activity set forth 475 |
|---|
| 705 | + | |
|---|
| 706 | + | HB 301 2025 |
|---|
| 707 | + | |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 711 | + | hb301-00 |
|---|
| 717 | | - | project; or 476 |
|---|
| 718 | | - | b. The supplying or purchasing of services, output, 477 |
|---|
| 719 | | - | capacity, energy, or any combination thereof. 478 |
|---|
| 720 | | - | Section 8. For the purpose of incorporating the amendment 479 |
|---|
| 721 | | - | made by this act to section 768.28, Florida Statutes, in a 480 |
|---|
| 722 | | - | reference thereto, section 190.043, Florida Statut es, is 481 |
|---|
| 723 | | - | reenacted to read: 482 |
|---|
| 724 | | - | 190.043 Suits against the district. —Any suit or action 483 |
|---|
| 725 | | - | brought or maintained against the district for damages arising 484 |
|---|
| 726 | | - | out of tort, including, without limitation, any claim arising 485 |
|---|
| 727 | | - | upon account of an act causing an injury or loss of property, 486 |
|---|
| 728 | | - | personal injury, or death, shall be subject to the limitations 487 |
|---|
| 729 | | - | provided in s. 768.28. 488 |
|---|
| 730 | | - | Section 9. For the purpose of incorporating the amendment 489 |
|---|
| 731 | | - | made by this act to section 768.28, Florida Statutes, in a 490 |
|---|
| 732 | | - | reference thereto, subsection (13) of section 213.015, Florida 491 |
|---|
| 733 | | - | Statutes, is reenacted to read: 492 |
|---|
| 734 | | - | 213.015 Taxpayer rights. —There is created a Florida 493 |
|---|
| 735 | | - | Taxpayer's Bill of Rights to guarantee that the rights, privacy, 494 |
|---|
| 736 | | - | and property of Florida taxpayers are adequately safeguarded and 495 |
|---|
| 737 | | - | protected during tax assessment, collection, and enforcement 496 |
|---|
| 738 | | - | processes administered under the revenue laws of this state. The 497 |
|---|
| 739 | | - | Taxpayer's Bill of Rights compiles, in one document, brief but 498 |
|---|
| 740 | | - | comprehensive statements which explain, in simple, nontechnical 499 |
|---|
| 741 | | - | terms, the rights and obligations of the Department of Revenue 500 |
|---|
| 742 | | - | |
|---|
| 743 | | - | CS/HB 301 2025 |
|---|
| 744 | | - | |
|---|
| 745 | | - | |
|---|
| 746 | | - | |
|---|
| 747 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | | - | hb301-01-c1 |
|---|
| 717 | + | in sub-subparagraph (b)2.d. with relation to any electric 476 |
|---|
| 718 | + | project; or 477 |
|---|
| 719 | + | b. The supplying or purchasing of services, output, 478 |
|---|
| 720 | + | capacity, energy, or any combination thereof. 479 |
|---|
| 721 | + | Section 8. For the purpose of incorporating the amendment 480 |
|---|
| 722 | + | made by this act to section 768.28, Florida Statutes, in a 481 |
|---|
| 723 | + | reference thereto, section 190.043, Florida Statut es, is 482 |
|---|
| 724 | + | reenacted to read: 483 |
|---|
| 725 | + | 190.043 Suits against the district. —Any suit or action 484 |
|---|
| 726 | + | brought or maintained against the district for damages arising 485 |
|---|
| 727 | + | out of tort, including, without limitation, any claim arising 486 |
|---|
| 728 | + | upon account of an act causing an injury or loss of property, 487 |
|---|
| 729 | + | personal injury, or death, shall be subject to the limitations 488 |
|---|
| 730 | + | provided in s. 768.28. 489 |
|---|
| 731 | + | Section 9. For the purpose of incorporating the amendment 490 |
|---|
| 732 | + | made by this act to section 768.28, Florida Statutes, in a 491 |
|---|
| 733 | + | reference thereto, subsection (13) of section 213.015, Florida 492 |
|---|
| 734 | + | Statutes, is reenacted to read: 493 |
|---|
| 735 | + | 213.015 Taxpayer rights. —There is created a Florida 494 |
|---|
| 736 | + | Taxpayer's Bill of Rights to guarantee that the rights, privacy, 495 |
|---|
| 737 | + | and property of Florida taxpayers are adequately safeguarded and 496 |
|---|
| 738 | + | protected during tax assessment, collection, and enforcement 497 |
|---|
| 739 | + | processes administered under the revenue laws of this state. The 498 |
|---|
| 740 | + | Taxpayer's Bill of Rights compiles, in one document, brief but 499 |
|---|
| 741 | + | comprehensive statements which explain, in simple, nontechnical 500 |
|---|
| 742 | + | |
|---|
| 743 | + | HB 301 2025 |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | |
|---|
| 747 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | + | hb301-00 |
|---|
| 754 | | - | and taxpayers. Section 192.0105 provides additional rights 501 |
|---|
| 755 | | - | afforded to payors of property taxes and assessments. The rights 502 |
|---|
| 756 | | - | afforded taxpayers to ensure that their privacy and property are 503 |
|---|
| 757 | | - | safeguarded and protected during tax assessment and collection 504 |
|---|
| 758 | | - | are available only insofar as they are implemented in other 505 |
|---|
| 759 | | - | parts of the Florida Statutes or rules of the Department of 506 |
|---|
| 760 | | - | Revenue. The rights so guaranteed Florida taxpayers in the 507 |
|---|
| 761 | | - | Florida Statutes and the departme ntal rules are: 508 |
|---|
| 762 | | - | (13) The right to an action at law within the limitations 509 |
|---|
| 763 | | - | of s. 768.28, relating to sovereign immunity, to recover damages 510 |
|---|
| 764 | | - | against the state or the Department of Revenue for injury caused 511 |
|---|
| 765 | | - | by the wrongful or negligent act or omission of a department 512 |
|---|
| 766 | | - | officer or employee (see s. 768.28). 513 |
|---|
| 767 | | - | Section 10. For the purpose of incorporating the amendment 514 |
|---|
| 768 | | - | made by this act to section 768.28, Florida Statutes, in a 515 |
|---|
| 769 | | - | reference thereto, section 252.51, Florida Statutes, is 516 |
|---|
| 770 | | - | reenacted to read: 517 |
|---|
| 771 | | - | 252.51 Liability.—Any person or organization, public or 518 |
|---|
| 772 | | - | private, owning or controlling real estate or other premises who 519 |
|---|
| 773 | | - | voluntarily and without compensation, other than payment or 520 |
|---|
| 774 | | - | reimbursement of costs and expenses, grants a license or 521 |
|---|
| 775 | | - | privilege or otherwise perm its the designation by the local 522 |
|---|
| 776 | | - | emergency management agency or use of the whole or any part of 523 |
|---|
| 777 | | - | such real estate or premises for the purpose of sheltering 524 |
|---|
| 778 | | - | persons during an actual, impending, mock, or practice 525 |
|---|
| 779 | | - | |
|---|
| 780 | | - | CS/HB 301 2025 |
|---|
| 781 | | - | |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
|---|
| 784 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | | - | hb301-01-c1 |
|---|
| 754 | + | terms, the rights and obligations of the Department of Revenue 501 |
|---|
| 755 | + | and taxpayers. Section 192.0105 provides additional rights 502 |
|---|
| 756 | + | afforded to payors of property taxes and assessments. The rights 503 |
|---|
| 757 | + | afforded taxpayers to ensure that their privacy and property are 504 |
|---|
| 758 | + | safeguarded and protected during tax assessment and collection 505 |
|---|
| 759 | + | are available only insofar as they are implemented in other 506 |
|---|
| 760 | + | parts of the Florida Statutes or rules of the Department of 507 |
|---|
| 761 | + | Revenue. The rights so guaranteed Florida taxpayers in the 508 |
|---|
| 762 | + | Florida Statutes and the departme ntal rules are: 509 |
|---|
| 763 | + | (13) The right to an action at law within the limitations 510 |
|---|
| 764 | + | of s. 768.28, relating to sovereign immunity, to recover damages 511 |
|---|
| 765 | + | against the state or the Department of Revenue for injury caused 512 |
|---|
| 766 | + | by the wrongful or negligent act or omission of a department 513 |
|---|
| 767 | + | officer or employee (see s. 768.28). 514 |
|---|
| 768 | + | Section 10. For the purpose of incorporating the amendment 515 |
|---|
| 769 | + | made by this act to section 768.28, Florida Statutes, in a 516 |
|---|
| 770 | + | reference thereto, section 252.51, Florida Statutes, is 517 |
|---|
| 771 | + | reenacted to read: 518 |
|---|
| 772 | + | 252.51 Liability.—Any person or organization, public or 519 |
|---|
| 773 | + | private, owning or controlling real estate or other premises who 520 |
|---|
| 774 | + | voluntarily and without compensation, other than payment or 521 |
|---|
| 775 | + | reimbursement of costs and expenses, grants a license or 522 |
|---|
| 776 | + | privilege or otherwise perm its the designation by the local 523 |
|---|
| 777 | + | emergency management agency or use of the whole or any part of 524 |
|---|
| 778 | + | such real estate or premises for the purpose of sheltering 525 |
|---|
| 779 | + | |
|---|
| 780 | + | HB 301 2025 |
|---|
| 781 | + | |
|---|
| 782 | + | |
|---|
| 783 | + | |
|---|
| 784 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | + | hb301-00 |
|---|
| 791 | | - | emergency, together with her or his successor in interest, if 526 |
|---|
| 792 | | - | any, shall not be liable for the death of, or injury to, any 527 |
|---|
| 793 | | - | person on or about such real estate or premises during the 528 |
|---|
| 794 | | - | actual, impending, mock, or practice emergency, or for loss of, 529 |
|---|
| 795 | | - | or damage to, the property of such person, solely by rea son or 530 |
|---|
| 796 | | - | as a result of such license, privilege, designation, or use, 531 |
|---|
| 797 | | - | unless the gross negligence or the willful and wanton misconduct 532 |
|---|
| 798 | | - | of such person owning or controlling such real estate or 533 |
|---|
| 799 | | - | premises or her or his successor in interest is the proximate 534 |
|---|
| 800 | | - | cause of such death, injury, loss, or damage occurring during 535 |
|---|
| 801 | | - | such sheltering period. Any such person or organization who 536 |
|---|
| 802 | | - | provides such shelter space for compensation shall be deemed to 537 |
|---|
| 803 | | - | be an instrumentality of the state or its applicable agency or 538 |
|---|
| 804 | | - | subdivision for the purposes of s. 768.28. 539 |
|---|
| 805 | | - | Section 11. For the purpose of incorporating the amendment 540 |
|---|
| 806 | | - | made by this act to section 768.28, Florida Statutes, in a 541 |
|---|
| 807 | | - | reference thereto, section 252.89, Florida Statutes, is 542 |
|---|
| 808 | | - | reenacted to read: 543 |
|---|
| 809 | | - | 252.89 Tort liability. —The commission and the committees 544 |
|---|
| 810 | | - | shall be state agencies, and the members of the commission and 545 |
|---|
| 811 | | - | committees shall be officers, employees, or agents of the state 546 |
|---|
| 812 | | - | for the purposes of s. 768.28. 547 |
|---|
| 813 | | - | Section 12. For the purpose of incorporating the amendment 548 |
|---|
| 814 | | - | made by this act to section 768.28, Florida Statutes, in a 549 |
|---|
| 815 | | - | reference thereto, section 252.944, Florida Statutes, is 550 |
|---|
| 816 | | - | |
|---|
| 817 | | - | CS/HB 301 2025 |
|---|
| 818 | | - | |
|---|
| 819 | | - | |
|---|
| 820 | | - | |
|---|
| 821 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 822 | | - | hb301-01-c1 |
|---|
| 791 | + | persons during an actual, impending, mock, or practice 526 |
|---|
| 792 | + | emergency, together with her or his successor in interest, if 527 |
|---|
| 793 | + | any, shall not be liable for the death of, or injury to, any 528 |
|---|
| 794 | + | person on or about such real estate or premises during the 529 |
|---|
| 795 | + | actual, impending, mock, or practice emergency, or for loss of, 530 |
|---|
| 796 | + | or damage to, the property of such person, solely by rea son or 531 |
|---|
| 797 | + | as a result of such license, privilege, designation, or use, 532 |
|---|
| 798 | + | unless the gross negligence or the willful and wanton misconduct 533 |
|---|
| 799 | + | of such person owning or controlling such real estate or 534 |
|---|
| 800 | + | premises or her or his successor in interest is the proximate 535 |
|---|
| 801 | + | cause of such death, injury, loss, or damage occurring during 536 |
|---|
| 802 | + | such sheltering period. Any such person or organization who 537 |
|---|
| 803 | + | provides such shelter space for compensation shall be deemed to 538 |
|---|
| 804 | + | be an instrumentality of the state or its applicable agency or 539 |
|---|
| 805 | + | subdivision for the purposes of s. 768.28. 540 |
|---|
| 806 | + | Section 11. For the purpose of incorporating the amendment 541 |
|---|
| 807 | + | made by this act to section 768.28, Florida Statutes, in a 542 |
|---|
| 808 | + | reference thereto, section 252.89, Florida Statutes, is 543 |
|---|
| 809 | + | reenacted to read: 544 |
|---|
| 810 | + | 252.89 Tort liability. —The commission and the committees 545 |
|---|
| 811 | + | shall be state agencies, and the members of the commission and 546 |
|---|
| 812 | + | committees shall be officers, employees, or agents of the state 547 |
|---|
| 813 | + | for the purposes of s. 768.28. 548 |
|---|
| 814 | + | Section 12. For the purpose of incorporating the amendment 549 |
|---|
| 815 | + | made by this act to section 768.28, Florida Statutes, in a 550 |
|---|
| 816 | + | |
|---|
| 817 | + | HB 301 2025 |
|---|
| 818 | + | |
|---|
| 819 | + | |
|---|
| 820 | + | |
|---|
| 821 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 822 | + | hb301-00 |
|---|
| 828 | | - | reenacted to read: 551 |
|---|
| 829 | | - | 252.944 Tort liability. —The commission and the committees 552 |
|---|
| 830 | | - | are state agencies, and the members of the commission and 553 |
|---|
| 831 | | - | committees are officers, employees, or agents of the state for 554 |
|---|
| 832 | | - | the purpose of s. 768.28. 555 |
|---|
| 833 | | - | Section 13. For the purpose of incorporating the amendment 556 |
|---|
| 834 | | - | made by this act to section 768.28, Florida Statutes, in a 557 |
|---|
| 835 | | - | reference thereto, subsection (2) of section 260.01 25, Florida 558 |
|---|
| 836 | | - | Statutes, is reenacted to read: 559 |
|---|
| 837 | | - | 260.0125 Limitation on liability of private landowners 560 |
|---|
| 838 | | - | whose property is designated as part of the statewide system of 561 |
|---|
| 839 | | - | greenways and trails. — 562 |
|---|
| 840 | | - | (2) Any private landowner who consents to designation of 563 |
|---|
| 841 | | - | his or her land as part of the statewide system of greenways and 564 |
|---|
| 842 | | - | trails pursuant to s. 260.016(2)(d) without compensation shall 565 |
|---|
| 843 | | - | be considered a volunteer, as defined in s. 110.501, and shall 566 |
|---|
| 844 | | - | be covered by state liability protection pursuant to s. 768.28, 567 |
|---|
| 845 | | - | including s. 768.28(9). 568 |
|---|
| 846 | | - | Section 14. For the purpose of incorporating the amendment 569 |
|---|
| 847 | | - | made by this act to section 768.28, Florida Statutes, in a 570 |
|---|
| 848 | | - | reference thereto, section 284.31, Florida Statutes, is 571 |
|---|
| 849 | | - | reenacted to read: 572 |
|---|
| 850 | | - | 284.31 Scope and types of coverages; separa te accounts.—573 |
|---|
| 851 | | - | The Insurance Risk Management Trust Fund must, unless 574 |
|---|
| 852 | | - | specifically excluded by the Department of Financial Services, 575 |
|---|
| 853 | | - | |
|---|
| 854 | | - | CS/HB 301 2025 |
|---|
| 855 | | - | |
|---|
| 856 | | - | |
|---|
| 857 | | - | |
|---|
| 858 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 859 | | - | hb301-01-c1 |
|---|
| 828 | + | reference thereto, section 252.944, Florida Statutes, is 551 |
|---|
| 829 | + | reenacted to read: 552 |
|---|
| 830 | + | 252.944 Tort liability. —The commission and the committees 553 |
|---|
| 831 | + | are state agencies, and the members of the commission and 554 |
|---|
| 832 | + | committees are officers, employees, or agents of the state for 555 |
|---|
| 833 | + | the purpose of s. 768.28. 556 |
|---|
| 834 | + | Section 13. For the purpose of incorporating the amendment 557 |
|---|
| 835 | + | made by this act to section 768.28, Florida Statutes, in a 558 |
|---|
| 836 | + | reference thereto, subsection (2) of section 260.01 25, Florida 559 |
|---|
| 837 | + | Statutes, is reenacted to read: 560 |
|---|
| 838 | + | 260.0125 Limitation on liability of private landowners 561 |
|---|
| 839 | + | whose property is designated as part of the statewide system of 562 |
|---|
| 840 | + | greenways and trails. — 563 |
|---|
| 841 | + | (2) Any private landowner who consents to designation of 564 |
|---|
| 842 | + | his or her land as part of the statewide system of greenways and 565 |
|---|
| 843 | + | trails pursuant to s. 260.016(2)(d) without compensation shall 566 |
|---|
| 844 | + | be considered a volunteer, as defined in s. 110.501, and shall 567 |
|---|
| 845 | + | be covered by state liability protection pursuant to s. 768.28, 568 |
|---|
| 846 | + | including s. 768.28(9). 569 |
|---|
| 847 | + | Section 14. For the purpose of incorporating the amendment 570 |
|---|
| 848 | + | made by this act to section 768.28, Florida Statutes, in a 571 |
|---|
| 849 | + | reference thereto, section 284.31, Florida Statutes, is 572 |
|---|
| 850 | + | reenacted to read: 573 |
|---|
| 851 | + | 284.31 Scope and types of coverages; separa te accounts.—574 |
|---|
| 852 | + | The Insurance Risk Management Trust Fund must, unless 575 |
|---|
| 853 | + | |
|---|
| 854 | + | HB 301 2025 |
|---|
| 855 | + | |
|---|
| 856 | + | |
|---|
| 857 | + | |
|---|
| 858 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 859 | + | hb301-00 |
|---|
| 865 | | - | cover all departments of the State of Florida and their 576 |
|---|
| 866 | | - | employees, agents, and volunteers and must provide separate 577 |
|---|
| 867 | | - | accounts for workers' compensation, general liability, fleet 578 |
|---|
| 868 | | - | automotive liability, federal civil rights actions under 42 579 |
|---|
| 869 | | - | U.S.C. s. 1983 or similar federal statutes, state agency 580 |
|---|
| 870 | | - | firefighter cancer benefits payable under s. 112.1816(2), and 581 |
|---|
| 871 | | - | court-awarded attorney fee s in other proceedings against the 582 |
|---|
| 872 | | - | state except for such awards in eminent domain or for inverse 583 |
|---|
| 873 | | - | condemnation or for awards by the Public Employees Relations 584 |
|---|
| 874 | | - | Commission. Unless specifically excluded by the Department of 585 |
|---|
| 875 | | - | Financial Services, the Insurance Ri sk Management Trust Fund 586 |
|---|
| 876 | | - | must provide fleet automotive liability coverage to motor 587 |
|---|
| 877 | | - | vehicles titled to the state, or to any department of the state, 588 |
|---|
| 878 | | - | when such motor vehicles are used by community transportation 589 |
|---|
| 879 | | - | coordinators performing, under contract to the appropriate 590 |
|---|
| 880 | | - | department of the state, services for the transportation 591 |
|---|
| 881 | | - | disadvantaged under part I of chapter 427. Such fleet automotive 592 |
|---|
| 882 | | - | liability coverage is primary and is subject to s. 768.28 and 593 |
|---|
| 883 | | - | parts II and III of chapter 284, and applicable rules adopt ed 594 |
|---|
| 884 | | - | thereunder, and the terms and conditions of the certificate of 595 |
|---|
| 885 | | - | coverage issued by the Department of Financial Services. 596 |
|---|
| 886 | | - | Section 15. For the purpose of incorporating the amendment 597 |
|---|
| 887 | | - | made by this act to section 768.28, Florida Statutes, in a 598 |
|---|
| 888 | | - | reference thereto, section 284.38, Florida Statutes, is 599 |
|---|
| 889 | | - | reenacted to read: 600 |
|---|
| 890 | | - | |
|---|
| 891 | | - | CS/HB 301 2025 |
|---|
| 892 | | - | |
|---|
| 893 | | - | |
|---|
| 894 | | - | |
|---|
| 895 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 896 | | - | hb301-01-c1 |
|---|
| 865 | + | specifically excluded by the Department of Financial Services, 576 |
|---|
| 866 | + | cover all departments of the State of Florida and their 577 |
|---|
| 867 | + | employees, agents, and volunteers and must provide separate 578 |
|---|
| 868 | + | accounts for workers' compensation, general liability, fleet 579 |
|---|
| 869 | + | automotive liability, federal civil rights actions under 42 580 |
|---|
| 870 | + | U.S.C. s. 1983 or similar federal statutes, state agency 581 |
|---|
| 871 | + | firefighter cancer benefits payable under s. 112.1816(2), and 582 |
|---|
| 872 | + | court-awarded attorney fee s in other proceedings against the 583 |
|---|
| 873 | + | state except for such awards in eminent domain or for inverse 584 |
|---|
| 874 | + | condemnation or for awards by the Public Employees Relations 585 |
|---|
| 875 | + | Commission. Unless specifically excluded by the Department of 586 |
|---|
| 876 | + | Financial Services, the Insurance Ri sk Management Trust Fund 587 |
|---|
| 877 | + | must provide fleet automotive liability coverage to motor 588 |
|---|
| 878 | + | vehicles titled to the state, or to any department of the state, 589 |
|---|
| 879 | + | when such motor vehicles are used by community transportation 590 |
|---|
| 880 | + | coordinators performing, under contract to the appropriate 591 |
|---|
| 881 | + | department of the state, services for the transportation 592 |
|---|
| 882 | + | disadvantaged under part I of chapter 427. Such fleet automotive 593 |
|---|
| 883 | + | liability coverage is primary and is subject to s. 768.28 and 594 |
|---|
| 884 | + | parts II and III of chapter 284, and applicable rules adopt ed 595 |
|---|
| 885 | + | thereunder, and the terms and conditions of the certificate of 596 |
|---|
| 886 | + | coverage issued by the Department of Financial Services. 597 |
|---|
| 887 | + | Section 15. For the purpose of incorporating the amendment 598 |
|---|
| 888 | + | made by this act to section 768.28, Florida Statutes, in a 599 |
|---|
| 889 | + | reference thereto, section 284.38, Florida Statutes, is 600 |
|---|
| 890 | + | |
|---|
| 891 | + | HB 301 2025 |
|---|
| 892 | + | |
|---|
| 893 | + | |
|---|
| 894 | + | |
|---|
| 895 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 896 | + | hb301-00 |
|---|
| 902 | | - | 284.38 Waiver of sovereign immunity; effect. —The insurance 601 |
|---|
| 903 | | - | programs developed herein shall provide limits as established by 602 |
|---|
| 904 | | - | the provisions of s. 768.28 if a tort claim. The limits provided 603 |
|---|
| 905 | | - | in s. 768.28 shall not apply to a civil rights action arising 604 |
|---|
| 906 | | - | under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 605 |
|---|
| 907 | | - | pending or future claim or judgment arising under any of said 606 |
|---|
| 908 | | - | statutes may be made upon this act becoming a law, unless the 607 |
|---|
| 909 | | - | officer, employee, or agent has been determined in the final 608 |
|---|
| 910 | | - | judgment to have caused the harm intentionally; however, the 609 |
|---|
| 911 | | - | fund is authorized to pay all other court -ordered attorney's 610 |
|---|
| 912 | | - | fees as provided under s. 284.31. 611 |
|---|
| 913 | | - | Section 16. For the purpose of incorporating the amendment 612 |
|---|
| 914 | | - | made by this act to section 768.28, Florida Statutes, in a 613 |
|---|
| 915 | | - | reference thereto, paragraph (b) of subsection (1) of section 614 |
|---|
| 916 | | - | 322.13, Florida Statutes, is reenacted to read: 615 |
|---|
| 917 | | - | 322.13 Driver license examiners. — 616 |
|---|
| 918 | | - | (1) 617 |
|---|
| 919 | | - | (b) Those persons serving as driver license examiners are 618 |
|---|
| 920 | | - | not liable for actions taken within the scope of their 619 |
|---|
| 921 | | - | employment or designation, except as provided by s. 768.28. 620 |
|---|
| 922 | | - | Section 17. For the purpose of incorporating the amendment 621 |
|---|
| 923 | | - | made by this act to section 768.28, Florida Statutes, in a 622 |
|---|
| 924 | | - | reference thereto, subsection (1) of section 337.19, Florida 623 |
|---|
| 925 | | - | Statutes, is reenacted to read: 624 |
|---|
| 926 | | - | 337.19 Suits by and against department; limitation of 625 |
|---|
| 927 | | - | |
|---|
| 928 | | - | CS/HB 301 2025 |
|---|
| 929 | | - | |
|---|
| 930 | | - | |
|---|
| 931 | | - | |
|---|
| 932 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 933 | | - | hb301-01-c1 |
|---|
| 902 | + | reenacted to read: 601 |
|---|
| 903 | + | 284.38 Waiver of sovereign immunity; effect. —The insurance 602 |
|---|
| 904 | + | programs developed herein shall provide limits as established by 603 |
|---|
| 905 | + | the provisions of s. 768.28 if a tort claim. The limits provided 604 |
|---|
| 906 | + | in s. 768.28 shall not apply to a civil rights action arising 605 |
|---|
| 907 | + | under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 606 |
|---|
| 908 | + | pending or future claim or judgment arising under any of said 607 |
|---|
| 909 | + | statutes may be made upon this act becoming a law, unless the 608 |
|---|
| 910 | + | officer, employee, or agent has been determined in the final 609 |
|---|
| 911 | + | judgment to have caused the harm intentionally; however, the 610 |
|---|
| 912 | + | fund is authorized to pay all other court -ordered attorney's 611 |
|---|
| 913 | + | fees as provided under s. 284.31. 612 |
|---|
| 914 | + | Section 16. For the purpose of incorporating the amendment 613 |
|---|
| 915 | + | made by this act to section 768.28, Florida Statutes, in a 614 |
|---|
| 916 | + | reference thereto, paragraph (b) of subsection (1) of section 615 |
|---|
| 917 | + | 322.13, Florida Statutes, is reenacted to read: 616 |
|---|
| 918 | + | 322.13 Driver license examiners. — 617 |
|---|
| 919 | + | (1) 618 |
|---|
| 920 | + | (b) Those persons serving as driver license examiners are 619 |
|---|
| 921 | + | not liable for actions taken within the scope of their 620 |
|---|
| 922 | + | employment or designation, except as provided by s. 768.28. 621 |
|---|
| 923 | + | Section 17. For the purpose of incorporating the amendment 622 |
|---|
| 924 | + | made by this act to section 768.28, Florida Statutes, in a 623 |
|---|
| 925 | + | reference thereto, subsection (1) of section 337.19, Florida 624 |
|---|
| 926 | + | Statutes, is reenacted to read: 625 |
|---|
| 927 | + | |
|---|
| 928 | + | HB 301 2025 |
|---|
| 929 | + | |
|---|
| 930 | + | |
|---|
| 931 | + | |
|---|
| 932 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 933 | + | hb301-00 |
|---|
| 939 | | - | actions; forum.— 626 |
|---|
| 940 | | - | (1) Suits at law and in equity may be brought and 627 |
|---|
| 941 | | - | maintained by and against the department on any contract claim 628 |
|---|
| 942 | | - | arising from breach of an express provision or an implied 629 |
|---|
| 943 | | - | covenant of a written agreement or a written directive issued by 630 |
|---|
| 944 | | - | the department pursuant to the written agreement. In any such 631 |
|---|
| 945 | | - | suit, the department an d the contractor shall have all of the 632 |
|---|
| 946 | | - | same rights and obligations as a private person under a like 633 |
|---|
| 947 | | - | contract except that no liability may be based on an oral 634 |
|---|
| 948 | | - | modification of either the written contract or written 635 |
|---|
| 949 | | - | directive. Nothing herein shall be construe d to waive the 636 |
|---|
| 950 | | - | sovereign immunity of the state and its political subdivisions 637 |
|---|
| 951 | | - | from equitable claims and equitable remedies. Notwithstanding 638 |
|---|
| 952 | | - | anything to the contrary contained in this section, no employee 639 |
|---|
| 953 | | - | or agent of the department may be held personally li able to an 640 |
|---|
| 954 | | - | extent greater than that pursuant to s. 768.28 provided that no 641 |
|---|
| 955 | | - | suit sounding in tort shall be maintained against the 642 |
|---|
| 956 | | - | department. 643 |
|---|
| 957 | | - | Section 18. For the purpose of incorporating the amendment 644 |
|---|
| 958 | | - | made by this act to section 768.28, Florida Statutes , in a 645 |
|---|
| 959 | | - | reference thereto, subsection (17) of section 341.302, Florida 646 |
|---|
| 960 | | - | Statutes, is reenacted to read: 647 |
|---|
| 961 | | - | 341.302 Rail program; duties and responsibilities of the 648 |
|---|
| 962 | | - | department.—The department, in conjunction with other 649 |
|---|
| 963 | | - | governmental entities, including the rail enterprise and the 650 |
|---|
| 964 | | - | |
|---|
| 965 | | - | CS/HB 301 2025 |
|---|
| 966 | | - | |
|---|
| 967 | | - | |
|---|
| 968 | | - | |
|---|
| 969 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 970 | | - | hb301-01-c1 |
|---|
| 939 | + | 337.19 Suits by and against department; limitation of 626 |
|---|
| 940 | + | actions; forum.— 627 |
|---|
| 941 | + | (1) Suits at law and in equity may be brought and 628 |
|---|
| 942 | + | maintained by and against the department on any contract claim 629 |
|---|
| 943 | + | arising from breach of an express provision or an implied 630 |
|---|
| 944 | + | covenant of a written agreement or a written directive issued by 631 |
|---|
| 945 | + | the department pursuant to the written agreement. In any such 632 |
|---|
| 946 | + | suit, the department an d the contractor shall have all of the 633 |
|---|
| 947 | + | same rights and obligations as a private person under a like 634 |
|---|
| 948 | + | contract except that no liability may be based on an oral 635 |
|---|
| 949 | + | modification of either the written contract or written 636 |
|---|
| 950 | + | directive. Nothing herein shall be construe d to waive the 637 |
|---|
| 951 | + | sovereign immunity of the state and its political subdivisions 638 |
|---|
| 952 | + | from equitable claims and equitable remedies. Notwithstanding 639 |
|---|
| 953 | + | anything to the contrary contained in this section, no employee 640 |
|---|
| 954 | + | or agent of the department may be held personally li able to an 641 |
|---|
| 955 | + | extent greater than that pursuant to s. 768.28 provided that no 642 |
|---|
| 956 | + | suit sounding in tort shall be maintained against the 643 |
|---|
| 957 | + | department. 644 |
|---|
| 958 | + | Section 18. For the purpose of incorporating the amendment 645 |
|---|
| 959 | + | made by this act to section 768.28, Florida Statutes , in a 646 |
|---|
| 960 | + | reference thereto, subsection (17) of section 341.302, Florida 647 |
|---|
| 961 | + | Statutes, is reenacted to read: 648 |
|---|
| 962 | + | 341.302 Rail program; duties and responsibilities of the 649 |
|---|
| 963 | + | department.—The department, in conjunction with other 650 |
|---|
| 964 | + | |
|---|
| 965 | + | HB 301 2025 |
|---|
| 966 | + | |
|---|
| 967 | + | |
|---|
| 968 | + | |
|---|
| 969 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 970 | + | hb301-00 |
|---|
| 976 | | - | private sector, shall develop and implement a rail program of 651 |
|---|
| 977 | | - | statewide application designed to ensure the proper maintenance, 652 |
|---|
| 978 | | - | safety, revitalization, and expansion of the rail system to 653 |
|---|
| 979 | | - | assure its continued and increased availability t o respond to 654 |
|---|
| 980 | | - | statewide mobility needs. Within the resources provided pursuant 655 |
|---|
| 981 | | - | to chapter 216, and as authorized under federal law, the 656 |
|---|
| 982 | | - | department shall: 657 |
|---|
| 983 | | - | (17) In conjunction with the acquisition, ownership, 658 |
|---|
| 984 | | - | construction, operation, maintenance, and manage ment of a rail 659 |
|---|
| 985 | | - | corridor, have the authority to: 660 |
|---|
| 986 | | - | (a) Assume obligations pursuant to the following: 661 |
|---|
| 987 | | - | 1.a. The department may assume the obligation by contract 662 |
|---|
| 988 | | - | to forever protect, defend, indemnify, and hold harmless the 663 |
|---|
| 989 | | - | freight rail operator, or its succe ssors, from whom the 664 |
|---|
| 990 | | - | department has acquired a real property interest in the rail 665 |
|---|
| 991 | | - | corridor, and that freight rail operator's officers, agents, and 666 |
|---|
| 992 | | - | employees, from and against any liability, cost, and expense, 667 |
|---|
| 993 | | - | including, but not limited to, commuter rail pa ssengers and rail 668 |
|---|
| 994 | | - | corridor invitees in the rail corridor, regardless of whether 669 |
|---|
| 995 | | - | the loss, damage, destruction, injury, or death giving rise to 670 |
|---|
| 996 | | - | any such liability, cost, or expense is caused in whole or in 671 |
|---|
| 997 | | - | part, and to whatever nature or degree, by the faul t, failure, 672 |
|---|
| 998 | | - | negligence, misconduct, nonfeasance, or misfeasance of such 673 |
|---|
| 999 | | - | freight rail operator, its successors, or its officers, agents, 674 |
|---|
| 1000 | | - | and employees, or any other person or persons whomsoever; or 675 |
|---|
| 1001 | | - | |
|---|
| 1002 | | - | CS/HB 301 2025 |
|---|
| 1003 | | - | |
|---|
| 1004 | | - | |
|---|
| 1005 | | - | |
|---|
| 1006 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1007 | | - | hb301-01-c1 |
|---|
| 976 | + | governmental entities, including the rail enterprise and the 651 |
|---|
| 977 | + | private sector, shall develop and implement a rail program of 652 |
|---|
| 978 | + | statewide application designed to ensure the proper maintenance, 653 |
|---|
| 979 | + | safety, revitalization, and expansion of the rail system to 654 |
|---|
| 980 | + | assure its continued and increased availability t o respond to 655 |
|---|
| 981 | + | statewide mobility needs. Within the resources provided pursuant 656 |
|---|
| 982 | + | to chapter 216, and as authorized under federal law, the 657 |
|---|
| 983 | + | department shall: 658 |
|---|
| 984 | + | (17) In conjunction with the acquisition, ownership, 659 |
|---|
| 985 | + | construction, operation, maintenance, and manage ment of a rail 660 |
|---|
| 986 | + | corridor, have the authority to: 661 |
|---|
| 987 | + | (a) Assume obligations pursuant to the following: 662 |
|---|
| 988 | + | 1.a. The department may assume the obligation by contract 663 |
|---|
| 989 | + | to forever protect, defend, indemnify, and hold harmless the 664 |
|---|
| 990 | + | freight rail operator, or its succe ssors, from whom the 665 |
|---|
| 991 | + | department has acquired a real property interest in the rail 666 |
|---|
| 992 | + | corridor, and that freight rail operator's officers, agents, and 667 |
|---|
| 993 | + | employees, from and against any liability, cost, and expense, 668 |
|---|
| 994 | + | including, but not limited to, commuter rail pa ssengers and rail 669 |
|---|
| 995 | + | corridor invitees in the rail corridor, regardless of whether 670 |
|---|
| 996 | + | the loss, damage, destruction, injury, or death giving rise to 671 |
|---|
| 997 | + | any such liability, cost, or expense is caused in whole or in 672 |
|---|
| 998 | + | part, and to whatever nature or degree, by the faul t, failure, 673 |
|---|
| 999 | + | negligence, misconduct, nonfeasance, or misfeasance of such 674 |
|---|
| 1000 | + | freight rail operator, its successors, or its officers, agents, 675 |
|---|
| 1001 | + | |
|---|
| 1002 | + | HB 301 2025 |
|---|
| 1003 | + | |
|---|
| 1004 | + | |
|---|
| 1005 | + | |
|---|
| 1006 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1007 | + | hb301-00 |
|---|
| 1013 | | - | b. The department may assume the obligation by contract t o 676 |
|---|
| 1014 | | - | forever protect, defend, indemnify, and hold harmless National 677 |
|---|
| 1015 | | - | Railroad Passenger Corporation, or its successors, and officers, 678 |
|---|
| 1016 | | - | agents, and employees of National Railroad Passenger 679 |
|---|
| 1017 | | - | Corporation, from and against any liability, cost, and expense, 680 |
|---|
| 1018 | | - | including, but not limited to, commuter rail passengers and rail 681 |
|---|
| 1019 | | - | corridor invitees in the rail corridor, regardless of whether 682 |
|---|
| 1020 | | - | the loss, damage, destruction, injury, or death giving rise to 683 |
|---|
| 1021 | | - | any such liability, cost, or expense is caused in whole or in 684 |
|---|
| 1022 | | - | part, and to whatever nature or degree, by the fault, failure, 685 |
|---|
| 1023 | | - | negligence, misconduct, nonfeasance, or misfeasance of National 686 |
|---|
| 1024 | | - | Railroad Passenger Corporation, its successors, or its officers, 687 |
|---|
| 1025 | | - | agents, and employees, or any other person or persons 688 |
|---|
| 1026 | | - | whomsoever. 689 |
|---|
| 1027 | | - | 2. The assumption of liability of the department by 690 |
|---|
| 1028 | | - | contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 691 |
|---|
| 1029 | | - | 1.b. may not in any instance exceed the following parameters of 692 |
|---|
| 1030 | | - | allocation of risk: 693 |
|---|
| 1031 | | - | a. The department may be solely responsible for any loss, 694 |
|---|
| 1032 | | - | injury, or damage to commuter rail passengers, or rail corridor 695 |
|---|
| 1033 | | - | invitees, or trespassers, regardless of circumstances or cause, 696 |
|---|
| 1034 | | - | subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 697 |
|---|
| 1035 | | - | 6. 698 |
|---|
| 1036 | | - | b.(I) In the event of a limited covered accident, the 699 |
|---|
| 1037 | | - | authority of the department to protect, defend, and indemnify 700 |
|---|
| 1038 | | - | |
|---|
| 1039 | | - | CS/HB 301 2025 |
|---|
| 1040 | | - | |
|---|
| 1041 | | - | |
|---|
| 1042 | | - | |
|---|
| 1043 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1044 | | - | hb301-01-c1 |
|---|
| 1013 | + | and employees, or any other person or persons whomsoever; or 676 |
|---|
| 1014 | + | b. The department may assume the obligation by contract t o 677 |
|---|
| 1015 | + | forever protect, defend, indemnify, and hold harmless National 678 |
|---|
| 1016 | + | Railroad Passenger Corporation, or its successors, and officers, 679 |
|---|
| 1017 | + | agents, and employees of National Railroad Passenger 680 |
|---|
| 1018 | + | Corporation, from and against any liability, cost, and expense, 681 |
|---|
| 1019 | + | including, but not limited to, commuter rail passengers and rail 682 |
|---|
| 1020 | + | corridor invitees in the rail corridor, regardless of whether 683 |
|---|
| 1021 | + | the loss, damage, destruction, injury, or death giving rise to 684 |
|---|
| 1022 | + | any such liability, cost, or expense is caused in whole or in 685 |
|---|
| 1023 | + | part, and to whatever nature or degree, by the fault, failure, 686 |
|---|
| 1024 | + | negligence, misconduct, nonfeasance, or misfeasance of National 687 |
|---|
| 1025 | + | Railroad Passenger Corporation, its successors, or its officers, 688 |
|---|
| 1026 | + | agents, and employees, or any other person or persons 689 |
|---|
| 1027 | + | whomsoever. 690 |
|---|
| 1028 | + | 2. The assumption of liability of the department by 691 |
|---|
| 1029 | + | contract pursuant to sub -subparagraph 1.a. or sub -subparagraph 692 |
|---|
| 1030 | + | 1.b. may not in any instance exceed the following parameters of 693 |
|---|
| 1031 | + | allocation of risk: 694 |
|---|
| 1032 | + | a. The department may be solely responsible for any loss, 695 |
|---|
| 1033 | + | injury, or damage to commuter rail passengers, or rail corridor 696 |
|---|
| 1034 | + | invitees, or trespassers, regardless of circumstances or cause, 697 |
|---|
| 1035 | + | subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 698 |
|---|
| 1036 | + | 6. 699 |
|---|
| 1037 | + | b.(I) In the event of a limited covered accident, the 700 |
|---|
| 1038 | + | |
|---|
| 1039 | + | HB 301 2025 |
|---|
| 1040 | + | |
|---|
| 1041 | + | |
|---|
| 1042 | + | |
|---|
| 1043 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1044 | + | hb301-00 |
|---|
| 1050 | | - | the freight operator for all liability, cost, and expense, 701 |
|---|
| 1051 | | - | including punitive or exemplary damages, in excess of the 702 |
|---|
| 1052 | | - | deductible or self-insurance retention fund established under 703 |
|---|
| 1053 | | - | paragraph (b) and actuall y in force at the time of the limited 704 |
|---|
| 1054 | | - | covered accident exists only if the freight operator agrees, 705 |
|---|
| 1055 | | - | with respect to the limited covered accident, to protect, 706 |
|---|
| 1056 | | - | defend, and indemnify the department for the amount of the 707 |
|---|
| 1057 | | - | deductible or self-insurance retention f und established under 708 |
|---|
| 1058 | | - | paragraph (b) and actually in force at the time of the limited 709 |
|---|
| 1059 | | - | covered accident. 710 |
|---|
| 1060 | | - | (II) In the event of a limited covered accident, the 711 |
|---|
| 1061 | | - | authority of the department to protect, defend, and indemnify 712 |
|---|
| 1062 | | - | National Railroad Passenger Corporat ion for all liability, cost, 713 |
|---|
| 1063 | | - | and expense, including punitive or exemplary damages, in excess 714 |
|---|
| 1064 | | - | of the deductible or self -insurance retention fund established 715 |
|---|
| 1065 | | - | under paragraph (b) and actually in force at the time of the 716 |
|---|
| 1066 | | - | limited covered accident exists only if National Railroad 717 |
|---|
| 1067 | | - | Passenger Corporation agrees, with respect to the limited 718 |
|---|
| 1068 | | - | covered accident, to protect, defend, and indemnify the 719 |
|---|
| 1069 | | - | department for the amount of the deductible or self -insurance 720 |
|---|
| 1070 | | - | retention fund established under paragraph (b) and actually i n 721 |
|---|
| 1071 | | - | force at the time of the limited covered accident. 722 |
|---|
| 1072 | | - | 3. When only one train is involved in an incident, the 723 |
|---|
| 1073 | | - | department may be solely responsible for any loss, injury, or 724 |
|---|
| 1074 | | - | damage if the train is a department train or other train 725 |
|---|
| 1075 | | - | |
|---|
| 1076 | | - | CS/HB 301 2025 |
|---|
| 1077 | | - | |
|---|
| 1078 | | - | |
|---|
| 1079 | | - | |
|---|
| 1080 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1081 | | - | hb301-01-c1 |
|---|
| 1050 | + | authority of the department to protect, defend, and indemnify 701 |
|---|
| 1051 | + | the freight operator for all liability, cost, and expense, 702 |
|---|
| 1052 | + | including punitive or exemplary damages, in excess of the 703 |
|---|
| 1053 | + | deductible or self-insurance retention fund established under 704 |
|---|
| 1054 | + | paragraph (b) and actuall y in force at the time of the limited 705 |
|---|
| 1055 | + | covered accident exists only if the freight operator agrees, 706 |
|---|
| 1056 | + | with respect to the limited covered accident, to protect, 707 |
|---|
| 1057 | + | defend, and indemnify the department for the amount of the 708 |
|---|
| 1058 | + | deductible or self-insurance retention f und established under 709 |
|---|
| 1059 | + | paragraph (b) and actually in force at the time of the limited 710 |
|---|
| 1060 | + | covered accident. 711 |
|---|
| 1061 | + | (II) In the event of a limited covered accident, the 712 |
|---|
| 1062 | + | authority of the department to protect, defend, and indemnify 713 |
|---|
| 1063 | + | National Railroad Passenger Corporat ion for all liability, cost, 714 |
|---|
| 1064 | + | and expense, including punitive or exemplary damages, in excess 715 |
|---|
| 1065 | + | of the deductible or self -insurance retention fund established 716 |
|---|
| 1066 | + | under paragraph (b) and actually in force at the time of the 717 |
|---|
| 1067 | + | limited covered accident exists only if National Railroad 718 |
|---|
| 1068 | + | Passenger Corporation agrees, with respect to the limited 719 |
|---|
| 1069 | + | covered accident, to protect, defend, and indemnify the 720 |
|---|
| 1070 | + | department for the amount of the deductible or self -insurance 721 |
|---|
| 1071 | + | retention fund established under paragraph (b) and actually i n 722 |
|---|
| 1072 | + | force at the time of the limited covered accident. 723 |
|---|
| 1073 | + | 3. When only one train is involved in an incident, the 724 |
|---|
| 1074 | + | department may be solely responsible for any loss, injury, or 725 |
|---|
| 1075 | + | |
|---|
| 1076 | + | HB 301 2025 |
|---|
| 1077 | + | |
|---|
| 1078 | + | |
|---|
| 1079 | + | |
|---|
| 1080 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1081 | + | hb301-00 |
|---|
| 1087 | | - | pursuant to subparagraph 4. , but only if: 726 |
|---|
| 1088 | | - | a. When an incident occurs with only a freight train 727 |
|---|
| 1089 | | - | involved, including incidents with trespassers or at grade 728 |
|---|
| 1090 | | - | crossings, the freight rail operator is solely responsible for 729 |
|---|
| 1091 | | - | any loss, injury, or damage, except for commuter rail passengers 730 |
|---|
| 1092 | | - | and rail corridor invitees; or 731 |
|---|
| 1093 | | - | b. When an incident occurs with only a National Railroad 732 |
|---|
| 1094 | | - | Passenger Corporation train involved, including incidents with 733 |
|---|
| 1095 | | - | trespassers or at grade crossings, National Railroad Passenger 734 |
|---|
| 1096 | | - | Corporation is solely responsible for a ny loss, injury, or 735 |
|---|
| 1097 | | - | damage, except for commuter rail passengers and rail corridor 736 |
|---|
| 1098 | | - | invitees. 737 |
|---|
| 1099 | | - | 4. For the purposes of this subsection: 738 |
|---|
| 1100 | | - | a. Any train involved in an incident that is neither the 739 |
|---|
| 1101 | | - | department's train nor the freight rail operator's train, 740 |
|---|
| 1102 | | - | hereinafter referred to in this subsection as an "other train," 741 |
|---|
| 1103 | | - | may be treated as a department train, solely for purposes of any 742 |
|---|
| 1104 | | - | allocation of liability between the department and the freight 743 |
|---|
| 1105 | | - | rail operator only, but only if the department and the freight 744 |
|---|
| 1106 | | - | rail operator share responsibility equally as to third parties 745 |
|---|
| 1107 | | - | outside the rail corridor who incur loss, injury, or damage as a 746 |
|---|
| 1108 | | - | result of any incident involving both a department train and a 747 |
|---|
| 1109 | | - | freight rail operator train, and the allocation as between the 748 |
|---|
| 1110 | | - | department and the freight rail operator, regardless of whether 749 |
|---|
| 1111 | | - | the other train is treated as a department train, shall remain 750 |
|---|
| 1112 | | - | |
|---|
| 1113 | | - | CS/HB 301 2025 |
|---|
| 1114 | | - | |
|---|
| 1115 | | - | |
|---|
| 1116 | | - | |
|---|
| 1117 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1118 | | - | hb301-01-c1 |
|---|
| 1087 | + | damage if the train is a department train or other train 726 |
|---|
| 1088 | + | pursuant to subparagraph 4. , but only if: 727 |
|---|
| 1089 | + | a. When an incident occurs with only a freight train 728 |
|---|
| 1090 | + | involved, including incidents with trespassers or at grade 729 |
|---|
| 1091 | + | crossings, the freight rail operator is solely responsible for 730 |
|---|
| 1092 | + | any loss, injury, or damage, except for commuter rail passengers 731 |
|---|
| 1093 | + | and rail corridor invitees; or 732 |
|---|
| 1094 | + | b. When an incident occurs with only a National Railroad 733 |
|---|
| 1095 | + | Passenger Corporation train involved, including incidents with 734 |
|---|
| 1096 | + | trespassers or at grade crossings, National Railroad Passenger 735 |
|---|
| 1097 | + | Corporation is solely responsible for a ny loss, injury, or 736 |
|---|
| 1098 | + | damage, except for commuter rail passengers and rail corridor 737 |
|---|
| 1099 | + | invitees. 738 |
|---|
| 1100 | + | 4. For the purposes of this subsection: 739 |
|---|
| 1101 | + | a. Any train involved in an incident that is neither the 740 |
|---|
| 1102 | + | department's train nor the freight rail operator's train, 741 |
|---|
| 1103 | + | hereinafter referred to in this subsection as an "other train," 742 |
|---|
| 1104 | + | may be treated as a department train, solely for purposes of any 743 |
|---|
| 1105 | + | allocation of liability between the department and the freight 744 |
|---|
| 1106 | + | rail operator only, but only if the department and the freight 745 |
|---|
| 1107 | + | rail operator share responsibility equally as to third parties 746 |
|---|
| 1108 | + | outside the rail corridor who incur loss, injury, or damage as a 747 |
|---|
| 1109 | + | result of any incident involving both a department train and a 748 |
|---|
| 1110 | + | freight rail operator train, and the allocation as between the 749 |
|---|
| 1111 | + | department and the freight rail operator, regardless of whether 750 |
|---|
| 1112 | + | |
|---|
| 1113 | + | HB 301 2025 |
|---|
| 1114 | + | |
|---|
| 1115 | + | |
|---|
| 1116 | + | |
|---|
| 1117 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1118 | + | hb301-00 |
|---|
| 1124 | | - | one-half each as to third parties outside the rail corridor who 751 |
|---|
| 1125 | | - | incur loss, injury, or damage as a result of the incident. The 752 |
|---|
| 1126 | | - | involvement of any other train shall not alter the sharing of 753 |
|---|
| 1127 | | - | equal responsibility as to third parties outside the rail 754 |
|---|
| 1128 | | - | corridor who incur loss, injury, or damage as a result of the 755 |
|---|
| 1129 | | - | incident; or 756 |
|---|
| 1130 | | - | b. Any train involved in an incident that is neither the 757 |
|---|
| 1131 | | - | department's train nor the National Railroad Passenger 758 |
|---|
| 1132 | | - | Corporation's train, hereinafter referred to in this subsection 759 |
|---|
| 1133 | | - | as an "other train," may be treated as a department train, 760 |
|---|
| 1134 | | - | solely for purposes of any allocation of liability between the 761 |
|---|
| 1135 | | - | department and National Rai lroad Passenger Corporation only, but 762 |
|---|
| 1136 | | - | only if the department and National Railroad Passenger 763 |
|---|
| 1137 | | - | Corporation share responsibility equally as to third parties 764 |
|---|
| 1138 | | - | outside the rail corridor who incur loss, injury, or damage as a 765 |
|---|
| 1139 | | - | result of any incident involving both a department train and a 766 |
|---|
| 1140 | | - | National Railroad Passenger Corporation train, and the 767 |
|---|
| 1141 | | - | allocation as between the department and National Railroad 768 |
|---|
| 1142 | | - | Passenger Corporation, regardless of whether the other train is 769 |
|---|
| 1143 | | - | treated as a department train, shall remain one -half each as to 770 |
|---|
| 1144 | | - | third parties outside the rail corridor who incur loss, injury, 771 |
|---|
| 1145 | | - | or damage as a result of the incident. The involvement of any 772 |
|---|
| 1146 | | - | other train shall not alter the sharing of equal responsibility 773 |
|---|
| 1147 | | - | as to third parties outside the rail corridor who incu r loss, 774 |
|---|
| 1148 | | - | injury, or damage as a result of the incident. 775 |
|---|
| 1149 | | - | |
|---|
| 1150 | | - | CS/HB 301 2025 |
|---|
| 1151 | | - | |
|---|
| 1152 | | - | |
|---|
| 1153 | | - | |
|---|
| 1154 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1155 | | - | hb301-01-c1 |
|---|
| 1124 | + | the other train is treated as a department train, shall remain 751 |
|---|
| 1125 | + | one-half each as to third parties outside the rail corridor who 752 |
|---|
| 1126 | + | incur loss, injury, or damage as a result of the incident. The 753 |
|---|
| 1127 | + | involvement of any other train shall not alter the sharing of 754 |
|---|
| 1128 | + | equal responsibility as to third parties outside the rail 755 |
|---|
| 1129 | + | corridor who incur loss, injury, or damage as a result of the 756 |
|---|
| 1130 | + | incident; or 757 |
|---|
| 1131 | + | b. Any train involved in an incident that is neither the 758 |
|---|
| 1132 | + | department's train nor the National Railroad Passenger 759 |
|---|
| 1133 | + | Corporation's train, hereinafter referred to in this subsection 760 |
|---|
| 1134 | + | as an "other train," may be treated as a department train, 761 |
|---|
| 1135 | + | solely for purposes of any allocation of liability between the 762 |
|---|
| 1136 | + | department and National Rai lroad Passenger Corporation only, but 763 |
|---|
| 1137 | + | only if the department and National Railroad Passenger 764 |
|---|
| 1138 | + | Corporation share responsibility equally as to third parties 765 |
|---|
| 1139 | + | outside the rail corridor who incur loss, injury, or damage as a 766 |
|---|
| 1140 | + | result of any incident involving both a department train and a 767 |
|---|
| 1141 | + | National Railroad Passenger Corporation train, and the 768 |
|---|
| 1142 | + | allocation as between the department and National Railroad 769 |
|---|
| 1143 | + | Passenger Corporation, regardless of whether the other train is 770 |
|---|
| 1144 | + | treated as a department train, shall remain one -half each as to 771 |
|---|
| 1145 | + | third parties outside the rail corridor who incur loss, injury, 772 |
|---|
| 1146 | + | or damage as a result of the incident. The involvement of any 773 |
|---|
| 1147 | + | other train shall not alter the sharing of equal responsibility 774 |
|---|
| 1148 | + | as to third parties outside the rail corridor who incu r loss, 775 |
|---|
| 1149 | + | |
|---|
| 1150 | + | HB 301 2025 |
|---|
| 1151 | + | |
|---|
| 1152 | + | |
|---|
| 1153 | + | |
|---|
| 1154 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1155 | + | hb301-00 |
|---|
| 1161 | | - | 5. When more than one train is involved in an incident: 776 |
|---|
| 1162 | | - | a.(I) If only a department train and freight rail 777 |
|---|
| 1163 | | - | operator's train, or only an other train as described in sub -778 |
|---|
| 1164 | | - | subparagraph 4.a. and a freigh t rail operator's train, are 779 |
|---|
| 1165 | | - | involved in an incident, the department may be responsible for 780 |
|---|
| 1166 | | - | its property and all of its people, all commuter rail 781 |
|---|
| 1167 | | - | passengers, and rail corridor invitees, but only if the freight 782 |
|---|
| 1168 | | - | rail operator is responsible for its property and all of its 783 |
|---|
| 1169 | | - | people, and the department and the freight rail operator each 784 |
|---|
| 1170 | | - | share one-half responsibility as to trespassers or third parties 785 |
|---|
| 1171 | | - | outside the rail corridor who incur loss, injury, or damage as a 786 |
|---|
| 1172 | | - | result of the incident; or 787 |
|---|
| 1173 | | - | (II) If only a depar tment train and a National Railroad 788 |
|---|
| 1174 | | - | Passenger Corporation train, or only an other train as described 789 |
|---|
| 1175 | | - | in sub-subparagraph 4.b. and a National Railroad Passenger 790 |
|---|
| 1176 | | - | Corporation train, are involved in an incident, the department 791 |
|---|
| 1177 | | - | may be responsible for its proper ty and all of its people, all 792 |
|---|
| 1178 | | - | commuter rail passengers, and rail corridor invitees, but only 793 |
|---|
| 1179 | | - | if National Railroad Passenger Corporation is responsible for 794 |
|---|
| 1180 | | - | its property and all of its people, all National Railroad 795 |
|---|
| 1181 | | - | Passenger Corporation's rail passengers, an d the department and 796 |
|---|
| 1182 | | - | National Railroad Passenger Corporation each share one -half 797 |
|---|
| 1183 | | - | responsibility as to trespassers or third parties outside the 798 |
|---|
| 1184 | | - | rail corridor who incur loss, injury, or damage as a result of 799 |
|---|
| 1185 | | - | the incident. 800 |
|---|
| 1186 | | - | |
|---|
| 1187 | | - | CS/HB 301 2025 |
|---|
| 1188 | | - | |
|---|
| 1189 | | - | |
|---|
| 1190 | | - | |
|---|
| 1191 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1192 | | - | hb301-01-c1 |
|---|
| 1161 | + | injury, or damage as a result of the incident. 776 |
|---|
| 1162 | + | 5. When more than one train is involved in an incident: 777 |
|---|
| 1163 | + | a.(I) If only a department train and freight rail 778 |
|---|
| 1164 | + | operator's train, or only an other train as described in sub -779 |
|---|
| 1165 | + | subparagraph 4.a. and a freigh t rail operator's train, are 780 |
|---|
| 1166 | + | involved in an incident, the department may be responsible for 781 |
|---|
| 1167 | + | its property and all of its people, all commuter rail 782 |
|---|
| 1168 | + | passengers, and rail corridor invitees, but only if the freight 783 |
|---|
| 1169 | + | rail operator is responsible for its property and all of its 784 |
|---|
| 1170 | + | people, and the department and the freight rail operator each 785 |
|---|
| 1171 | + | share one-half responsibility as to trespassers or third parties 786 |
|---|
| 1172 | + | outside the rail corridor who incur loss, injury, or damage as a 787 |
|---|
| 1173 | + | result of the incident; or 788 |
|---|
| 1174 | + | (II) If only a depar tment train and a National Railroad 789 |
|---|
| 1175 | + | Passenger Corporation train, or only an other train as described 790 |
|---|
| 1176 | + | in sub-subparagraph 4.b. and a National Railroad Passenger 791 |
|---|
| 1177 | + | Corporation train, are involved in an incident, the department 792 |
|---|
| 1178 | + | may be responsible for its proper ty and all of its people, all 793 |
|---|
| 1179 | + | commuter rail passengers, and rail corridor invitees, but only 794 |
|---|
| 1180 | + | if National Railroad Passenger Corporation is responsible for 795 |
|---|
| 1181 | + | its property and all of its people, all National Railroad 796 |
|---|
| 1182 | + | Passenger Corporation's rail passengers, an d the department and 797 |
|---|
| 1183 | + | National Railroad Passenger Corporation each share one -half 798 |
|---|
| 1184 | + | responsibility as to trespassers or third parties outside the 799 |
|---|
| 1185 | + | rail corridor who incur loss, injury, or damage as a result of 800 |
|---|
| 1186 | + | |
|---|
| 1187 | + | HB 301 2025 |
|---|
| 1188 | + | |
|---|
| 1189 | + | |
|---|
| 1190 | + | |
|---|
| 1191 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1192 | + | hb301-00 |
|---|
| 1198 | | - | b.(I) If a department train, a fre ight rail operator 801 |
|---|
| 1199 | | - | train, and any other train are involved in an incident, the 802 |
|---|
| 1200 | | - | allocation of liability between the department and the freight 803 |
|---|
| 1201 | | - | rail operator, regardless of whether the other train is treated 804 |
|---|
| 1202 | | - | as a department train, shall remain one -half each as to third 805 |
|---|
| 1203 | | - | parties outside the rail corridor who incur loss, injury, or 806 |
|---|
| 1204 | | - | damage as a result of the incident; the involvement of any other 807 |
|---|
| 1205 | | - | train shall not alter the sharing of equal responsibility as to 808 |
|---|
| 1206 | | - | third parties outside the rail corridor who incur loss , injury, 809 |
|---|
| 1207 | | - | or damage as a result of the incident; and, if the owner, 810 |
|---|
| 1208 | | - | operator, or insurer of the other train makes any payment to 811 |
|---|
| 1209 | | - | injured third parties outside the rail corridor who incur loss, 812 |
|---|
| 1210 | | - | injury, or damage as a result of the incident, the allocation o f 813 |
|---|
| 1211 | | - | credit between the department and the freight rail operator as 814 |
|---|
| 1212 | | - | to such payment shall not in any case reduce the freight rail 815 |
|---|
| 1213 | | - | operator's third-party-sharing allocation of one -half under this 816 |
|---|
| 1214 | | - | paragraph to less than one -third of the total third party 817 |
|---|
| 1215 | | - | liability; or 818 |
|---|
| 1216 | | - | (II) If a department train, a National Railroad Passenger 819 |
|---|
| 1217 | | - | Corporation train, and any other train are involved in an 820 |
|---|
| 1218 | | - | incident, the allocation of liability between the department and 821 |
|---|
| 1219 | | - | National Railroad Passenger Corporation, regardless of whether 822 |
|---|
| 1220 | | - | the other train is treated as a department train, shall remain 823 |
|---|
| 1221 | | - | one-half each as to third parties outside the rail corridor who 824 |
|---|
| 1222 | | - | incur loss, injury, or damage as a result of the incident; the 825 |
|---|
| 1223 | | - | |
|---|
| 1224 | | - | CS/HB 301 2025 |
|---|
| 1225 | | - | |
|---|
| 1226 | | - | |
|---|
| 1227 | | - | |
|---|
| 1228 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1229 | | - | hb301-01-c1 |
|---|
| 1198 | + | the incident. 801 |
|---|
| 1199 | + | b.(I) If a department train, a fre ight rail operator 802 |
|---|
| 1200 | + | train, and any other train are involved in an incident, the 803 |
|---|
| 1201 | + | allocation of liability between the department and the freight 804 |
|---|
| 1202 | + | rail operator, regardless of whether the other train is treated 805 |
|---|
| 1203 | + | as a department train, shall remain one -half each as to third 806 |
|---|
| 1204 | + | parties outside the rail corridor who incur loss, injury, or 807 |
|---|
| 1205 | + | damage as a result of the incident; the involvement of any other 808 |
|---|
| 1206 | + | train shall not alter the sharing of equal responsibility as to 809 |
|---|
| 1207 | + | third parties outside the rail corridor who incur loss , injury, 810 |
|---|
| 1208 | + | or damage as a result of the incident; and, if the owner, 811 |
|---|
| 1209 | + | operator, or insurer of the other train makes any payment to 812 |
|---|
| 1210 | + | injured third parties outside the rail corridor who incur loss, 813 |
|---|
| 1211 | + | injury, or damage as a result of the incident, the allocation o f 814 |
|---|
| 1212 | + | credit between the department and the freight rail operator as 815 |
|---|
| 1213 | + | to such payment shall not in any case reduce the freight rail 816 |
|---|
| 1214 | + | operator's third-party-sharing allocation of one -half under this 817 |
|---|
| 1215 | + | paragraph to less than one -third of the total third party 818 |
|---|
| 1216 | + | liability; or 819 |
|---|
| 1217 | + | (II) If a department train, a National Railroad Passenger 820 |
|---|
| 1218 | + | Corporation train, and any other train are involved in an 821 |
|---|
| 1219 | + | incident, the allocation of liability between the department and 822 |
|---|
| 1220 | + | National Railroad Passenger Corporation, regardless of whether 823 |
|---|
| 1221 | + | the other train is treated as a department train, shall remain 824 |
|---|
| 1222 | + | one-half each as to third parties outside the rail corridor who 825 |
|---|
| 1223 | + | |
|---|
| 1224 | + | HB 301 2025 |
|---|
| 1225 | + | |
|---|
| 1226 | + | |
|---|
| 1227 | + | |
|---|
| 1228 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1229 | + | hb301-00 |
|---|
| 1235 | | - | involvement of any other train shall not alter the sharing of 826 |
|---|
| 1236 | | - | equal responsibility as to third parties outside the rail 827 |
|---|
| 1237 | | - | corridor who incur loss, injury, or damage as a result of the 828 |
|---|
| 1238 | | - | incident; and, if the owner, operator, or insurer of the other 829 |
|---|
| 1239 | | - | train makes any payment to injured third parties outside the 830 |
|---|
| 1240 | | - | rail corridor who incur loss, injury, or damage as a result of 831 |
|---|
| 1241 | | - | the incident, the allocation of credit between the department 832 |
|---|
| 1242 | | - | and National Railroad Passenger Corporation as to such payment 833 |
|---|
| 1243 | | - | shall not in any case reduce National Railroad Passenger 834 |
|---|
| 1244 | | - | Corporation's third-party-sharing allocation of one -half under 835 |
|---|
| 1245 | | - | this sub-subparagraph to less than one -third of the total third 836 |
|---|
| 1246 | | - | party liability. 837 |
|---|
| 1247 | | - | 6. Any such contractual duty to protect, defend, 838 |
|---|
| 1248 | | - | indemnify, and hold harmless such a freight rail operator or 839 |
|---|
| 1249 | | - | National Railroad Passenger C orporation shall expressly include 840 |
|---|
| 1250 | | - | a specific cap on the amount of the contractual duty, which 841 |
|---|
| 1251 | | - | amount shall not exceed $200 million without prior legislative 842 |
|---|
| 1252 | | - | approval, and the department to purchase liability insurance and 843 |
|---|
| 1253 | | - | establish a self-insurance retention fund in the amount of the 844 |
|---|
| 1254 | | - | specific cap established under this subparagraph, provided that: 845 |
|---|
| 1255 | | - | a. No such contractual duty shall in any case be effective 846 |
|---|
| 1256 | | - | nor otherwise extend the department's liability in scope and 847 |
|---|
| 1257 | | - | effect beyond the contractual liability insurance and self-848 |
|---|
| 1258 | | - | insurance retention fund required pursuant to this paragraph; 849 |
|---|
| 1259 | | - | and 850 |
|---|
| 1260 | | - | |
|---|
| 1261 | | - | CS/HB 301 2025 |
|---|
| 1262 | | - | |
|---|
| 1263 | | - | |
|---|
| 1264 | | - | |
|---|
| 1265 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1266 | | - | hb301-01-c1 |
|---|
| 1235 | + | incur loss, injury, or damage as a result of the incident; the 826 |
|---|
| 1236 | + | involvement of any other train shall not alter the sharing of 827 |
|---|
| 1237 | + | equal responsibility as to third parties outside the rail 828 |
|---|
| 1238 | + | corridor who incur loss, injury, or damage as a result of the 829 |
|---|
| 1239 | + | incident; and, if the owner, operator, or insurer of the other 830 |
|---|
| 1240 | + | train makes any payment to injured third parties outside the 831 |
|---|
| 1241 | + | rail corridor who incur loss, injury, or damage as a result of 832 |
|---|
| 1242 | + | the incident, the allocation of credit between the department 833 |
|---|
| 1243 | + | and National Railroad Passenger Corporation as to such payment 834 |
|---|
| 1244 | + | shall not in any case reduce National Railroad Passenger 835 |
|---|
| 1245 | + | Corporation's third-party-sharing allocation of one -half under 836 |
|---|
| 1246 | + | this sub-subparagraph to less than one -third of the total third 837 |
|---|
| 1247 | + | party liability. 838 |
|---|
| 1248 | + | 6. Any such contractual duty to protect, defend, 839 |
|---|
| 1249 | + | indemnify, and hold harmless such a freight rail operator or 840 |
|---|
| 1250 | + | National Railroad Passenger C orporation shall expressly include 841 |
|---|
| 1251 | + | a specific cap on the amount of the contractual duty, which 842 |
|---|
| 1252 | + | amount shall not exceed $200 million without prior legislative 843 |
|---|
| 1253 | + | approval, and the department to purchase liability insurance and 844 |
|---|
| 1254 | + | establish a self-insurance retention fund in the amount of the 845 |
|---|
| 1255 | + | specific cap established under this subparagraph, provided that: 846 |
|---|
| 1256 | + | a. No such contractual duty shall in any case be effective 847 |
|---|
| 1257 | + | nor otherwise extend the department's liability in scope and 848 |
|---|
| 1258 | + | effect beyond the contractual liability insurance and self -849 |
|---|
| 1259 | + | insurance retention fund required pursuant to this paragraph; 850 |
|---|
| 1260 | + | |
|---|
| 1261 | + | HB 301 2025 |
|---|
| 1262 | + | |
|---|
| 1263 | + | |
|---|
| 1264 | + | |
|---|
| 1265 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1266 | + | hb301-00 |
|---|
| 1272 | | - | b.(I) The freight rail operator's compensation to the 851 |
|---|
| 1273 | | - | department for future use of the department's rail corridor 852 |
|---|
| 1274 | | - | shall include a monetary contribution to the cost of s uch 853 |
|---|
| 1275 | | - | liability coverage for the sole benefit of the freight rail 854 |
|---|
| 1276 | | - | operator. 855 |
|---|
| 1277 | | - | (II) National Railroad Passenger Corporation's 856 |
|---|
| 1278 | | - | compensation to the department for future use of the 857 |
|---|
| 1279 | | - | department's rail corridor shall include a monetary contribution 858 |
|---|
| 1280 | | - | to the cost of such liability coverage for the sole benefit of 859 |
|---|
| 1281 | | - | National Railroad Passenger Corporation. 860 |
|---|
| 1282 | | - | (b) Purchase liability insurance, which amount shall not 861 |
|---|
| 1283 | | - | exceed $200 million, and establish a self -insurance retention 862 |
|---|
| 1284 | | - | fund for the purpose of paying the deductible limit established 863 |
|---|
| 1285 | | - | in the insurance policies it may obtain, including coverage for 864 |
|---|
| 1286 | | - | the department, any freight rail operator as described in 865 |
|---|
| 1287 | | - | paragraph (a), National Railroad Passenger Corporation, commuter 866 |
|---|
| 1288 | | - | rail service providers, governmental entities, or a ny ancillary 867 |
|---|
| 1289 | | - | development, which self -insurance retention fund or deductible 868 |
|---|
| 1290 | | - | shall not exceed $10 million. The insureds shall pay a 869 |
|---|
| 1291 | | - | reasonable monetary contribution to the cost of such liability 870 |
|---|
| 1292 | | - | coverage for the sole benefit of the insured. Such insurance a nd 871 |
|---|
| 1293 | | - | self-insurance retention fund may provide coverage for all 872 |
|---|
| 1294 | | - | damages, including, but not limited to, compensatory, special, 873 |
|---|
| 1295 | | - | and exemplary, and be maintained to provide an adequate fund to 874 |
|---|
| 1296 | | - | cover claims and liabilities for loss, injury, or damage arising 875 |
|---|
| 1297 | | - | |
|---|
| 1298 | | - | CS/HB 301 2025 |
|---|
| 1299 | | - | |
|---|
| 1300 | | - | |
|---|
| 1301 | | - | |
|---|
| 1302 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1303 | | - | hb301-01-c1 |
|---|
| 1272 | + | and 851 |
|---|
| 1273 | + | b.(I) The freight rail operator's compensation to the 852 |
|---|
| 1274 | + | department for future use of the department's rail corridor 853 |
|---|
| 1275 | + | shall include a monetary contribution to the cost of such 854 |
|---|
| 1276 | + | liability coverage for the sole benefit of the freight rail 855 |
|---|
| 1277 | + | operator. 856 |
|---|
| 1278 | + | (II) National Railro ad Passenger Corporation's 857 |
|---|
| 1279 | + | compensation to the department for future use of the 858 |
|---|
| 1280 | + | department's rail corridor shall include a monetary contribution 859 |
|---|
| 1281 | + | to the cost of such liability coverage for the sole benefit of 860 |
|---|
| 1282 | + | National Railroad Passenger Corporation. 861 |
|---|
| 1283 | + | (b) Purchase liability insurance, which amount shall not 862 |
|---|
| 1284 | + | exceed $200 million, and establish a self -insurance retention 863 |
|---|
| 1285 | + | fund for the purpose of paying the deductible limit established 864 |
|---|
| 1286 | + | in the insurance policies it may obtain, including coverage for 865 |
|---|
| 1287 | + | the department, any freight rail operator as described in 866 |
|---|
| 1288 | + | paragraph (a), National Railroad Passenger Corporation, commuter 867 |
|---|
| 1289 | + | rail service providers, governmental entities, or any ancillary 868 |
|---|
| 1290 | + | development, which self -insurance retention fund or deductible 869 |
|---|
| 1291 | + | shall not exceed $10 million. The insureds shall pay a 870 |
|---|
| 1292 | + | reasonable monetary contribution to the cost of such liability 871 |
|---|
| 1293 | + | coverage for the sole benefit of the insured. Such insurance and 872 |
|---|
| 1294 | + | self-insurance retention fund may provide coverage for all 873 |
|---|
| 1295 | + | damages, including, but not limite d to, compensatory, special, 874 |
|---|
| 1296 | + | and exemplary, and be maintained to provide an adequate fund to 875 |
|---|
| 1297 | + | |
|---|
| 1298 | + | HB 301 2025 |
|---|
| 1299 | + | |
|---|
| 1300 | + | |
|---|
| 1301 | + | |
|---|
| 1302 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1303 | + | hb301-00 |
|---|
| 1309 | | - | out of or connected with the ownership, operation, maintenance, 876 |
|---|
| 1310 | | - | and management of a rail corridor. 877 |
|---|
| 1311 | | - | (c) Incur expenses for the purchase of advertisements, 878 |
|---|
| 1312 | | - | marketing, and promotional items. 879 |
|---|
| 1313 | | - | (d) Without altering any of the rights granted to the 880 |
|---|
| 1314 | | - | department under this section, agree to assume the obligations 881 |
|---|
| 1315 | | - | to indemnify and insure, pursuant to s. 343.545, freight rail 882 |
|---|
| 1316 | | - | service, intercity passenger rail service, and commuter rail 883 |
|---|
| 1317 | | - | service on a department -owned rail corridor, whether ownership 884 |
|---|
| 1318 | | - | is in fee or by easement, or on a rail corridor where the 885 |
|---|
| 1319 | | - | department has the right to operate. 886 |
|---|
| 1320 | | - | 887 |
|---|
| 1321 | | - | Neither the assumption by contract to protect, defend, 888 |
|---|
| 1322 | | - | indemnify, and hold harmless; the purchase of insurance; nor the 889 |
|---|
| 1323 | | - | establishment of a self -insurance retention fund shall be d eemed 890 |
|---|
| 1324 | | - | to be a waiver of any defense of sovereign immunity for torts 891 |
|---|
| 1325 | | - | nor deemed to increase the limits of the department's or the 892 |
|---|
| 1326 | | - | governmental entity's liability for torts as provided in s. 893 |
|---|
| 1327 | | - | 768.28. The requirements of s. 287.022(1) shall not apply to the 894 |
|---|
| 1328 | | - | purchase of any insurance under this subsection. The provisions 895 |
|---|
| 1329 | | - | of this subsection shall apply and inure fully as to any other 896 |
|---|
| 1330 | | - | governmental entity providing commuter rail service and 897 |
|---|
| 1331 | | - | constructing, operating, maintaining, or managing a rail 898 |
|---|
| 1332 | | - | corridor on publicly owned right-of-way under contract by the 899 |
|---|
| 1333 | | - | governmental entity with the department or a governmental entity 900 |
|---|
| 1334 | | - | |
|---|
| 1335 | | - | CS/HB 301 2025 |
|---|
| 1336 | | - | |
|---|
| 1337 | | - | |
|---|
| 1338 | | - | |
|---|
| 1339 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1340 | | - | hb301-01-c1 |
|---|
| 1309 | + | cover claims and liabilities for loss, injury, or damage arising 876 |
|---|
| 1310 | + | out of or connected with the ownership, operation, maintenance, 877 |
|---|
| 1311 | + | and management of a rail corridor. 878 |
|---|
| 1312 | + | (c) Incur expenses for the purchase of advertisements, 879 |
|---|
| 1313 | + | marketing, and promotional items. 880 |
|---|
| 1314 | + | (d) Without altering any of the rights granted to the 881 |
|---|
| 1315 | + | department under this section, agree to assume the obligations 882 |
|---|
| 1316 | + | to indemnify and insure, pursuant to s. 343.5 45, freight rail 883 |
|---|
| 1317 | + | service, intercity passenger rail service, and commuter rail 884 |
|---|
| 1318 | + | service on a department -owned rail corridor, whether ownership 885 |
|---|
| 1319 | + | is in fee or by easement, or on a rail corridor where the 886 |
|---|
| 1320 | + | department has the right to operate. 887 |
|---|
| 1321 | + | 888 |
|---|
| 1322 | + | Neither the assumption by contract to protect, defend, 889 |
|---|
| 1323 | + | indemnify, and hold harmless; the purchase of insurance; nor the 890 |
|---|
| 1324 | + | establishment of a self -insurance retention fund shall be deemed 891 |
|---|
| 1325 | + | to be a waiver of any defense of sovereign immunity for torts 892 |
|---|
| 1326 | + | nor deemed to increase the l imits of the department's or the 893 |
|---|
| 1327 | + | governmental entity's liability for torts as provided in s. 894 |
|---|
| 1328 | + | 768.28. The requirements of s. 287.022(1) shall not apply to the 895 |
|---|
| 1329 | + | purchase of any insurance under this subsection. The provisions 896 |
|---|
| 1330 | + | of this subsection shall apply and inure fully as to any other 897 |
|---|
| 1331 | + | governmental entity providing commuter rail service and 898 |
|---|
| 1332 | + | constructing, operating, maintaining, or managing a rail 899 |
|---|
| 1333 | + | corridor on publicly owned right -of-way under contract by the 900 |
|---|
| 1334 | + | |
|---|
| 1335 | + | HB 301 2025 |
|---|
| 1336 | + | |
|---|
| 1337 | + | |
|---|
| 1338 | + | |
|---|
| 1339 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1340 | + | hb301-00 |
|---|
| 1346 | | - | designated by the department. Notwithstanding any law to the 901 |
|---|
| 1347 | | - | contrary, procurement for the construction, operation, 902 |
|---|
| 1348 | | - | maintenance, and management of any rail corridor described in 903 |
|---|
| 1349 | | - | this subsection, whether by the department, a governmental 904 |
|---|
| 1350 | | - | entity under contract with the department, or a governmental 905 |
|---|
| 1351 | | - | entity designated by the department, shall be pursuant to s. 906 |
|---|
| 1352 | | - | 287.057 and shall include, but not be limite d to, criteria for 907 |
|---|
| 1353 | | - | the consideration of qualifications, technical aspects of the 908 |
|---|
| 1354 | | - | proposal, and price. Further, any such contract for design -build 909 |
|---|
| 1355 | | - | shall be procured pursuant to the criteria in s. 337.11(7). 910 |
|---|
| 1356 | | - | Section 19. For the purpose of incorporating t he amendment 911 |
|---|
| 1357 | | - | made by this act to section 768.28, Florida Statutes, in a 912 |
|---|
| 1358 | | - | reference thereto, paragraph (c) of subsection (4) of section 913 |
|---|
| 1359 | | - | 351.03, Florida Statutes, is reenacted to read: 914 |
|---|
| 1360 | | - | 351.03 Railroad-highway grade-crossing warning signs and 915 |
|---|
| 1361 | | - | signals; audible warnings; exercise of reasonable care; blocking 916 |
|---|
| 1362 | | - | highways, roads, and streets during darkness. — 917 |
|---|
| 1363 | | - | (4) 918 |
|---|
| 1364 | | - | (c) Nothing in this subsection shall be construed to 919 |
|---|
| 1365 | | - | nullify the liability provisions of s. 768.28. 920 |
|---|
| 1366 | | - | Section 20. For the purpose of incorporating the amendment 921 |
|---|
| 1367 | | - | made by this act to section 768.28, Florida Statutes, in a 922 |
|---|
| 1368 | | - | reference thereto, subsection (6) of section 373.1395, Florida 923 |
|---|
| 1369 | | - | Statutes, is reenacted to read: 924 |
|---|
| 1370 | | - | 373.1395 Limitation on liability of water management 925 |
|---|
| 1371 | | - | |
|---|
| 1372 | | - | CS/HB 301 2025 |
|---|
| 1373 | | - | |
|---|
| 1374 | | - | |
|---|
| 1375 | | - | |
|---|
| 1376 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1377 | | - | hb301-01-c1 |
|---|
| 1346 | + | governmental entity with the department or a governm ental entity 901 |
|---|
| 1347 | + | designated by the department. Notwithstanding any law to the 902 |
|---|
| 1348 | + | contrary, procurement for the construction, operation, 903 |
|---|
| 1349 | + | maintenance, and management of any rail corridor described in 904 |
|---|
| 1350 | + | this subsection, whether by the department, a governmental 905 |
|---|
| 1351 | + | entity under contract with the department, or a governmental 906 |
|---|
| 1352 | + | entity designated by the department, shall be pursuant to s. 907 |
|---|
| 1353 | + | 287.057 and shall include, but not be limited to, criteria for 908 |
|---|
| 1354 | + | the consideration of qualifications, technical aspects of the 909 |
|---|
| 1355 | + | proposal, and price. Further, any such contract for design -build 910 |
|---|
| 1356 | + | shall be procured pursuant to the criteria in s. 337.11(7). 911 |
|---|
| 1357 | + | Section 19. For the purpose of incorporating the amendment 912 |
|---|
| 1358 | + | made by this act to section 768.28, Florida Statutes, in a 913 |
|---|
| 1359 | + | reference thereto, parag raph (c) of subsection (4) of section 914 |
|---|
| 1360 | + | 351.03, Florida Statutes, is reenacted to read: 915 |
|---|
| 1361 | + | 351.03 Railroad-highway grade-crossing warning signs and 916 |
|---|
| 1362 | + | signals; audible warnings; exercise of reasonable care; blocking 917 |
|---|
| 1363 | + | highways, roads, and streets during darkness. — 918 |
|---|
| 1364 | + | (4) 919 |
|---|
| 1365 | + | (c) Nothing in this subsection shall be construed to 920 |
|---|
| 1366 | + | nullify the liability provisions of s. 768.28. 921 |
|---|
| 1367 | + | Section 20. For the purpose of incorporating the amendment 922 |
|---|
| 1368 | + | made by this act to section 768.28, Florida Statutes, in a 923 |
|---|
| 1369 | + | reference thereto, subsect ion (6) of section 373.1395, Florida 924 |
|---|
| 1370 | + | Statutes, is reenacted to read: 925 |
|---|
| 1371 | + | |
|---|
| 1372 | + | HB 301 2025 |
|---|
| 1373 | + | |
|---|
| 1374 | + | |
|---|
| 1375 | + | |
|---|
| 1376 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1377 | + | hb301-00 |
|---|
| 1383 | | - | district with respect to areas made available to the public for 926 |
|---|
| 1384 | | - | recreational purposes without charge. — 927 |
|---|
| 1385 | | - | (6) This section does not relieve any water management 928 |
|---|
| 1386 | | - | district of any liability that would otherwise exist for gross 929 |
|---|
| 1387 | | - | negligence or a deliberate, willful, or malicious injury to a 930 |
|---|
| 1388 | | - | person or property. This section does not create or increase the 931 |
|---|
| 1389 | | - | liability of any water management district or person beyond that 932 |
|---|
| 1390 | | - | which is authorized by s. 768.28. 933 |
|---|
| 1391 | | - | Section 21. For the purpose of incorporating the amendment 934 |
|---|
| 1392 | | - | made by this act to section 768.28, Florida Statutes, in a 935 |
|---|
| 1393 | | - | reference thereto, paragraph (a) of subsection (3) of section 936 |
|---|
| 1394 | | - | 375.251, Florida Statutes, is reenacted to read: 937 |
|---|
| 1395 | | - | 375.251 Limitation on liability of persons making 938 |
|---|
| 1396 | | - | available to public certain areas for recreational purposes 939 |
|---|
| 1397 | | - | without charge.— 940 |
|---|
| 1398 | | - | (3)(a) An owner of an area who enters into a written 941 |
|---|
| 1399 | | - | agreement concerning the area with a state agency for outdoor 942 |
|---|
| 1400 | | - | recreational purposes, where such agreement recognizes that the 943 |
|---|
| 1401 | | - | state agency is responsible for personal injury, loss, or damage 944 |
|---|
| 1402 | | - | resulting in whole or in part from the state agency's use of the 945 |
|---|
| 1403 | | - | area under the terms of the agreement subject to the limitations 946 |
|---|
| 1404 | | - | and conditions specified in s. 768.28, owes no duty of care to 947 |
|---|
| 1405 | | - | keep the area safe for entry or use by others, or to give 948 |
|---|
| 1406 | | - | warning to persons entering or going on the area of any 949 |
|---|
| 1407 | | - | hazardous conditions, structures, or activities thereon. An 950 |
|---|
| 1408 | | - | |
|---|
| 1409 | | - | CS/HB 301 2025 |
|---|
| 1410 | | - | |
|---|
| 1411 | | - | |
|---|
| 1412 | | - | |
|---|
| 1413 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1414 | | - | hb301-01-c1 |
|---|
| 1383 | + | 373.1395 Limitation on liability of water management 926 |
|---|
| 1384 | + | district with respect to areas made available to the public for 927 |
|---|
| 1385 | + | recreational purposes without charge. — 928 |
|---|
| 1386 | + | (6) This section does not r elieve any water management 929 |
|---|
| 1387 | + | district of any liability that would otherwise exist for gross 930 |
|---|
| 1388 | + | negligence or a deliberate, willful, or malicious injury to a 931 |
|---|
| 1389 | + | person or property. This section does not create or increase the 932 |
|---|
| 1390 | + | liability of any water management dist rict or person beyond that 933 |
|---|
| 1391 | + | which is authorized by s. 768.28. 934 |
|---|
| 1392 | + | Section 21. For the purpose of incorporating the amendment 935 |
|---|
| 1393 | + | made by this act to section 768.28, Florida Statutes, in a 936 |
|---|
| 1394 | + | reference thereto, paragraph (a) of subsection (3) of section 937 |
|---|
| 1395 | + | 375.251, Florida Statutes, is reenacted to read: 938 |
|---|
| 1396 | + | 375.251 Limitation on liability of persons making 939 |
|---|
| 1397 | + | available to public certain areas for recreational purposes 940 |
|---|
| 1398 | + | without charge.— 941 |
|---|
| 1399 | + | (3)(a) An owner of an area who enters into a written 942 |
|---|
| 1400 | + | agreement concerning the area wi th a state agency for outdoor 943 |
|---|
| 1401 | + | recreational purposes, where such agreement recognizes that the 944 |
|---|
| 1402 | + | state agency is responsible for personal injury, loss, or damage 945 |
|---|
| 1403 | + | resulting in whole or in part from the state agency's use of the 946 |
|---|
| 1404 | + | area under the terms of the agre ement subject to the limitations 947 |
|---|
| 1405 | + | and conditions specified in s. 768.28, owes no duty of care to 948 |
|---|
| 1406 | + | keep the area safe for entry or use by others, or to give 949 |
|---|
| 1407 | + | warning to persons entering or going on the area of any 950 |
|---|
| 1408 | + | |
|---|
| 1409 | + | HB 301 2025 |
|---|
| 1410 | + | |
|---|
| 1411 | + | |
|---|
| 1412 | + | |
|---|
| 1413 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1414 | + | hb301-00 |
|---|
| 1420 | | - | owner who enters into a written agreement concerning the area 951 |
|---|
| 1421 | | - | with a state agency for outdoor recreational purposes: 952 |
|---|
| 1422 | | - | 1. Is not presumed to extend any assurance that the area 953 |
|---|
| 1423 | | - | is safe for any purpose; 954 |
|---|
| 1424 | | - | 2. Does not incur any duty of care toward a person who 955 |
|---|
| 1425 | | - | goes on the area that is subject to the agreement; or 956 |
|---|
| 1426 | | - | 3. Is not liable or responsible for any injury to persons 957 |
|---|
| 1427 | | - | or property caused by the act or omission of a person who goes 958 |
|---|
| 1428 | | - | on the area that is subject to the agreement. 959 |
|---|
| 1429 | | - | Section 22. For the purpose of incorporating the amendment 960 |
|---|
| 1430 | | - | made by this act to section 768.28, Florida Statutes, in a 961 |
|---|
| 1431 | | - | reference thereto, subsection (9) of section 381.0056, Fl orida 962 |
|---|
| 1432 | | - | Statutes, is reenacted to read: 963 |
|---|
| 1433 | | - | 381.0056 School health services program. — 964 |
|---|
| 1434 | | - | (9) Any health care entity that provides school health 965 |
|---|
| 1435 | | - | services under contract with the department pursuant to a school 966 |
|---|
| 1436 | | - | health services plan developed under this section, a nd as part 967 |
|---|
| 1437 | | - | of a school nurse services public -private partnership, is deemed 968 |
|---|
| 1438 | | - | to be a corporation acting primarily as an instrumentality of 969 |
|---|
| 1439 | | - | the state solely for the purpose of limiting liability pursuant 970 |
|---|
| 1440 | | - | to s. 768.28(5). The limitations on tort actions conta ined in s. 971 |
|---|
| 1441 | | - | 768.28(5) shall apply to any action against the entity with 972 |
|---|
| 1442 | | - | respect to the provision of school health services, if the 973 |
|---|
| 1443 | | - | entity is acting within the scope of and pursuant to guidelines 974 |
|---|
| 1444 | | - | established in the contract or by rule of the department. The 975 |
|---|
| 1445 | | - | |
|---|
| 1446 | | - | CS/HB 301 2025 |
|---|
| 1447 | | - | |
|---|
| 1448 | | - | |
|---|
| 1449 | | - | |
|---|
| 1450 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1451 | | - | hb301-01-c1 |
|---|
| 1420 | + | hazardous conditions, structures, or activitie s thereon. An 951 |
|---|
| 1421 | + | owner who enters into a written agreement concerning the area 952 |
|---|
| 1422 | + | with a state agency for outdoor recreational purposes: 953 |
|---|
| 1423 | + | 1. Is not presumed to extend any assurance that the area 954 |
|---|
| 1424 | + | is safe for any purpose; 955 |
|---|
| 1425 | + | 2. Does not incur any duty of care towa rd a person who 956 |
|---|
| 1426 | + | goes on the area that is subject to the agreement; or 957 |
|---|
| 1427 | + | 3. Is not liable or responsible for any injury to persons 958 |
|---|
| 1428 | + | or property caused by the act or omission of a person who goes 959 |
|---|
| 1429 | + | on the area that is subject to the agreement. 960 |
|---|
| 1430 | + | Section 22. For the purpose of incorporating the amendment 961 |
|---|
| 1431 | + | made by this act to section 768.28, Florida Statutes, in a 962 |
|---|
| 1432 | + | reference thereto, subsection (9) of section 381.0056, Florida 963 |
|---|
| 1433 | + | Statutes, is reenacted to read: 964 |
|---|
| 1434 | + | 381.0056 School health services program. — 965 |
|---|
| 1435 | + | (9) Any health care entity that provides school health 966 |
|---|
| 1436 | + | services under contract with the department pursuant to a school 967 |
|---|
| 1437 | + | health services plan developed under this section, and as part 968 |
|---|
| 1438 | + | of a school nurse services public -private partnership, is deemed 969 |
|---|
| 1439 | + | to be a corporation acting primarily as an instrumentality of 970 |
|---|
| 1440 | + | the state solely for the purpose of limiting liability pursuant 971 |
|---|
| 1441 | + | to s. 768.28(5). The limitations on tort actions contained in s. 972 |
|---|
| 1442 | + | 768.28(5) shall apply to any action against the entity with 973 |
|---|
| 1443 | + | respect to the provisio n of school health services, if the 974 |
|---|
| 1444 | + | entity is acting within the scope of and pursuant to guidelines 975 |
|---|
| 1445 | + | |
|---|
| 1446 | + | HB 301 2025 |
|---|
| 1447 | + | |
|---|
| 1448 | + | |
|---|
| 1449 | + | |
|---|
| 1450 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1451 | + | hb301-00 |
|---|
| 1457 | | - | contract must require the entity, or the partnership on behalf 976 |
|---|
| 1458 | | - | of the entity, to obtain general liability insurance coverage, 977 |
|---|
| 1459 | | - | with any additional endorsement necessary to insure the entity 978 |
|---|
| 1460 | | - | for liability assumed by its contract with the department. The 979 |
|---|
| 1461 | | - | Legislature intends that insurance be purchased by entities, or 980 |
|---|
| 1462 | | - | by partnerships on behalf of the entity, to cover all liability 981 |
|---|
| 1463 | | - | claims, and under no circumstances shall the state or the 982 |
|---|
| 1464 | | - | department be responsible for payment of any claims or defense 983 |
|---|
| 1465 | | - | costs for claims brought against the entity or its subcontractor 984 |
|---|
| 1466 | | - | for services performed under the contract with the department. 985 |
|---|
| 1467 | | - | This subsection does not preclude consideration by the 986 |
|---|
| 1468 | | - | Legislature for payment by the state of any claims bill 987 |
|---|
| 1469 | | - | involving an entity contract ing with the department pursuant to 988 |
|---|
| 1470 | | - | this section. 989 |
|---|
| 1471 | | - | Section 23. For the purpose of incorporating the amendment 990 |
|---|
| 1472 | | - | made by this act to section 768.28, Florida Statutes, in a 991 |
|---|
| 1473 | | - | reference thereto, subsection (3) of section 393.075, Florida 992 |
|---|
| 1474 | | - | Statutes, is reenacted to read: 993 |
|---|
| 1475 | | - | 393.075 General liability coverage. — 994 |
|---|
| 1476 | | - | (3) This section shall not be construed as designating or 995 |
|---|
| 1477 | | - | not designating that a person who owns or operates a foster care 996 |
|---|
| 1478 | | - | facility or group home facility as described in this section or 997 |
|---|
| 1479 | | - | any other person is an employee or agent of the state. Nothing 998 |
|---|
| 1480 | | - | in this section amends, expands, or supersedes the provisions of 999 |
|---|
| 1481 | | - | s. 768.28. 1000 |
|---|
| 1482 | | - | |
|---|
| 1483 | | - | CS/HB 301 2025 |
|---|
| 1484 | | - | |
|---|
| 1485 | | - | |
|---|
| 1486 | | - | |
|---|
| 1487 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1488 | | - | hb301-01-c1 |
|---|
| 1457 | + | established in the contract or by rule of the department. The 976 |
|---|
| 1458 | + | contract must require the entity, or the partnership on behalf 977 |
|---|
| 1459 | + | of the entity, to obtain genera l liability insurance coverage, 978 |
|---|
| 1460 | + | with any additional endorsement necessary to insure the entity 979 |
|---|
| 1461 | + | for liability assumed by its contract with the department. The 980 |
|---|
| 1462 | + | Legislature intends that insurance be purchased by entities, or 981 |
|---|
| 1463 | + | by partnerships on behalf of the e ntity, to cover all liability 982 |
|---|
| 1464 | + | claims, and under no circumstances shall the state or the 983 |
|---|
| 1465 | + | department be responsible for payment of any claims or defense 984 |
|---|
| 1466 | + | costs for claims brought against the entity or its subcontractor 985 |
|---|
| 1467 | + | for services performed under the contrac t with the department. 986 |
|---|
| 1468 | + | This subsection does not preclude consideration by the 987 |
|---|
| 1469 | + | Legislature for payment by the state of any claims bill 988 |
|---|
| 1470 | + | involving an entity contracting with the department pursuant to 989 |
|---|
| 1471 | + | this section. 990 |
|---|
| 1472 | + | Section 23. For the purpose of incorpora ting the amendment 991 |
|---|
| 1473 | + | made by this act to section 768.28, Florida Statutes, in a 992 |
|---|
| 1474 | + | reference thereto, subsection (3) of section 393.075, Florida 993 |
|---|
| 1475 | + | Statutes, is reenacted to read: 994 |
|---|
| 1476 | + | 393.075 General liability coverage. — 995 |
|---|
| 1477 | + | (3) This section shall not be construed as designating or 996 |
|---|
| 1478 | + | not designating that a person who owns or operates a foster care 997 |
|---|
| 1479 | + | facility or group home facility as described in this section or 998 |
|---|
| 1480 | + | any other person is an employee or agent of the state. Nothing 999 |
|---|
| 1481 | + | in this section amends, expands, or supersedes th e provisions of 1000 |
|---|
| 1482 | + | |
|---|
| 1483 | + | HB 301 2025 |
|---|
| 1484 | + | |
|---|
| 1485 | + | |
|---|
| 1486 | + | |
|---|
| 1487 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1488 | + | hb301-00 |
|---|
| 1494 | | - | Section 24. For the purpose of incorporating the amendment 1001 |
|---|
| 1495 | | - | made by this act to section 768.28, Florida Statutes, in a 1002 |
|---|
| 1496 | | - | reference thereto, subsection (7) of section 394.9085, Florida 1003 |
|---|
| 1497 | | - | Statutes, is reenacted to read: 1004 |
|---|
| 1498 | | - | 394.9085 Behavioral provider liability. — 1005 |
|---|
| 1499 | | - | (7) This section shall not be construed to waive sovereign 1006 |
|---|
| 1500 | | - | immunity for any governmental unit or other entity protected by 1007 |
|---|
| 1501 | | - | sovereign immunity. Section 768.28 shall continue to apply to 1008 |
|---|
| 1502 | | - | all governmental units and such entities. 1009 |
|---|
| 1503 | | - | Section 25. For the purpose of incorporating the amendment 1010 |
|---|
| 1504 | | - | made by this act to section 768.28, Florida Statutes, in a 1011 |
|---|
| 1505 | | - | reference thereto, paragraph ( g) of subsection (10) of section 1012 |
|---|
| 1506 | | - | 395.1055, Florida Statutes, is reenacted to read: 1013 |
|---|
| 1507 | | - | 395.1055 Rules and enforcement. — 1014 |
|---|
| 1508 | | - | (10) The agency shall establish a pediatric cardiac 1015 |
|---|
| 1509 | | - | technical advisory panel, pursuant to s. 20.052, to develop 1016 |
|---|
| 1510 | | - | procedures and standards for measuring outcomes of pediatric 1017 |
|---|
| 1511 | | - | cardiac catheterization programs and pediatric cardiovascular 1018 |
|---|
| 1512 | | - | surgery programs. 1019 |
|---|
| 1513 | | - | (g) Panel members are agents of the state for purposes of 1020 |
|---|
| 1514 | | - | s. 768.28 throughout the good faith performance of the duties 1021 |
|---|
| 1515 | | - | assigned to them by the Secretary of Health Care Administration. 1022 |
|---|
| 1516 | | - | Section 26. For the purpose of incorporating the amendment 1023 |
|---|
| 1517 | | - | made by this act to section 768.28, Florida Statutes, in a 1024 |
|---|
| 1518 | | - | reference thereto, paragraph (c) of subsection (17) of section 1025 |
|---|
| 1519 | | - | |
|---|
| 1520 | | - | CS/HB 301 2025 |
|---|
| 1521 | | - | |
|---|
| 1522 | | - | |
|---|
| 1523 | | - | |
|---|
| 1524 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1525 | | - | hb301-01-c1 |
|---|
| 1494 | + | s. 768.28. 1001 |
|---|
| 1495 | + | Section 24. For the purpose of incorporating the amendment 1002 |
|---|
| 1496 | + | made by this act to section 768.28, Florida Statutes, in a 1003 |
|---|
| 1497 | + | reference thereto, subsection (7) of section 394.9085, Florida 1004 |
|---|
| 1498 | + | Statutes, is reenacted to read: 1005 |
|---|
| 1499 | + | 394.9085 Behavioral provider liability. — 1006 |
|---|
| 1500 | + | (7) This section shall not be construed to waive sovereign 1007 |
|---|
| 1501 | + | immunity for any governmental unit or other entity protected by 1008 |
|---|
| 1502 | + | sovereign immunity. Section 768.28 shall continue to apply to 1009 |
|---|
| 1503 | + | all governmental units and such entities. 1010 |
|---|
| 1504 | + | Section 25. For the purpose of incorporating the amendment 1011 |
|---|
| 1505 | + | made by this act to section 768.28, Florida Statutes, in a 1012 |
|---|
| 1506 | + | reference thereto, paragraph (g) of subsection (10) of section 1013 |
|---|
| 1507 | + | 395.1055, Florida Statutes, is reenacted to read: 1014 |
|---|
| 1508 | + | 395.1055 Rules and enforcement. — 1015 |
|---|
| 1509 | + | (10) The agency shall establish a pediatric cardiac 1016 |
|---|
| 1510 | + | technical advisory panel, pursuant to s. 20.052, to develop 1017 |
|---|
| 1511 | + | procedures and standards for measuring outcomes of pediatric 1018 |
|---|
| 1512 | + | cardiac catheterization programs and pediatric cardiovasc ular 1019 |
|---|
| 1513 | + | surgery programs. 1020 |
|---|
| 1514 | + | (g) Panel members are agents of the state for purposes of 1021 |
|---|
| 1515 | + | s. 768.28 throughout the good faith performance of the duties 1022 |
|---|
| 1516 | + | assigned to them by the Secretary of Health Care Administration. 1023 |
|---|
| 1517 | + | Section 26. For the purpose of incorporati ng the amendment 1024 |
|---|
| 1518 | + | made by this act to section 768.28, Florida Statutes, in a 1025 |
|---|
| 1519 | + | |
|---|
| 1520 | + | HB 301 2025 |
|---|
| 1521 | + | |
|---|
| 1522 | + | |
|---|
| 1523 | + | |
|---|
| 1524 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1525 | + | hb301-00 |
|---|
| 1531 | | - | 403.706, Florida Statut es, is reenacted to read: 1026 |
|---|
| 1532 | | - | 403.706 Local government solid waste responsibilities. — 1027 |
|---|
| 1533 | | - | (17) To effect the purposes of this part, counties and 1028 |
|---|
| 1534 | | - | municipalities are authorized, in addition to other powers 1029 |
|---|
| 1535 | | - | granted pursuant to this part: 1030 |
|---|
| 1536 | | - | (c) To waive sovereign immunity and immunity from suit in 1031 |
|---|
| 1537 | | - | federal court by vote of the governing body of the county or 1032 |
|---|
| 1538 | | - | municipality to the extent necessary to carry out the authority 1033 |
|---|
| 1539 | | - | granted in paragraphs (a) and (b), notwithstanding the 1034 |
|---|
| 1540 | | - | limitations prescribed in s. 768.28. 1035 |
|---|
| 1541 | | - | Section 27. For the purpose of incorporating the amendment 1036 |
|---|
| 1542 | | - | made by this act to section 768.28, Florida Statutes, in a 1037 |
|---|
| 1543 | | - | reference thereto, paragraph (b) of subsection (15) of section 1038 |
|---|
| 1544 | | - | 409.175, Florida Statutes, is reenacted to read: 1039 |
|---|
| 1545 | | - | 409.175 Licensure of fam ily foster homes, residential 1040 |
|---|
| 1546 | | - | child-caring agencies, and child -placing agencies; public 1041 |
|---|
| 1547 | | - | records exemption.— 1042 |
|---|
| 1548 | | - | (15) 1043 |
|---|
| 1549 | | - | (b) This subsection may not be construed as designating or 1044 |
|---|
| 1550 | | - | not designating that a person who owns or operates a family 1045 |
|---|
| 1551 | | - | foster home as descri bed in this subsection or any other person 1046 |
|---|
| 1552 | | - | is an employee or agent of the state. Nothing in this subsection 1047 |
|---|
| 1553 | | - | amends, expands, or supersedes the provisions of s. 768.28. 1048 |
|---|
| 1554 | | - | Section 28. For the purpose of incorporating the amendment 1049 |
|---|
| 1555 | | - | made by this act to secti on 768.28, Florida Statutes, in a 1050 |
|---|
| 1556 | | - | |
|---|
| 1557 | | - | CS/HB 301 2025 |
|---|
| 1558 | | - | |
|---|
| 1559 | | - | |
|---|
| 1560 | | - | |
|---|
| 1561 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1562 | | - | hb301-01-c1 |
|---|
| 1531 | + | reference thereto, paragraph (c) of subsection (17) of section 1026 |
|---|
| 1532 | + | 403.706, Florida Statutes, is reenacted to read: 1027 |
|---|
| 1533 | + | 403.706 Local government solid waste responsibilities. — 1028 |
|---|
| 1534 | + | (17) To effect the purposes of this part, counties and 1029 |
|---|
| 1535 | + | municipalities are authorized, in addition to other powers 1030 |
|---|
| 1536 | + | granted pursuant to this part: 1031 |
|---|
| 1537 | + | (c) To waive sovereign immunity and immunity from suit in 1032 |
|---|
| 1538 | + | federal court by vote of the governing body of the county o r 1033 |
|---|
| 1539 | + | municipality to the extent necessary to carry out the authority 1034 |
|---|
| 1540 | + | granted in paragraphs (a) and (b), notwithstanding the 1035 |
|---|
| 1541 | + | limitations prescribed in s. 768.28. 1036 |
|---|
| 1542 | + | Section 27. For the purpose of incorporating the amendment 1037 |
|---|
| 1543 | + | made by this act to section 768.28, Florida Statutes, in a 1038 |
|---|
| 1544 | + | reference thereto, paragraph (b) of subsection (15) of section 1039 |
|---|
| 1545 | + | 409.175, Florida Statutes, is reenacted to read: 1040 |
|---|
| 1546 | + | 409.175 Licensure of family foster homes, residential 1041 |
|---|
| 1547 | + | child-caring agencies, and child -placing agencies; public 1042 |
|---|
| 1548 | + | records exemption.— 1043 |
|---|
| 1549 | + | (15) 1044 |
|---|
| 1550 | + | (b) This subsection may not be construed as designating or 1045 |
|---|
| 1551 | + | not designating that a person who owns or operates a family 1046 |
|---|
| 1552 | + | foster home as described in this subsection or any other person 1047 |
|---|
| 1553 | + | is an employee or agent of the state. Nothing in th is subsection 1048 |
|---|
| 1554 | + | amends, expands, or supersedes the provisions of s. 768.28. 1049 |
|---|
| 1555 | + | Section 28. For the purpose of incorporating the amendment 1050 |
|---|
| 1556 | + | |
|---|
| 1557 | + | HB 301 2025 |
|---|
| 1558 | + | |
|---|
| 1559 | + | |
|---|
| 1560 | + | |
|---|
| 1561 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1562 | + | hb301-00 |
|---|
| 1568 | | - | reference thereto, subsection (1), paragraph (a) of subsection 1051 |
|---|
| 1569 | | - | (2), and paragraph (a) of subsection (3) of section 409.993, 1052 |
|---|
| 1570 | | - | Florida Statutes, are reenacted to read: 1053 |
|---|
| 1571 | | - | 409.993 Lead agencies and subcontractor liability. — 1054 |
|---|
| 1572 | | - | (1) FINDINGS.— 1055 |
|---|
| 1573 | | - | (a) The Legislature finds that the state has traditionally 1056 |
|---|
| 1574 | | - | provided foster care services to children who are the 1057 |
|---|
| 1575 | | - | responsibility of the state. As such, foster children have not 1058 |
|---|
| 1576 | | - | had the right to recover for injuries beyond the limitations 1059 |
|---|
| 1577 | | - | specified in s. 768.28. The Legislature has determined that 1060 |
|---|
| 1578 | | - | foster care and related services should be outsourced pursuant 1061 |
|---|
| 1579 | | - | to this section and that the provision of such services is of 1062 |
|---|
| 1580 | | - | paramount importance to the state. The purpose of such 1063 |
|---|
| 1581 | | - | outsourcing is to increase the level of safety, security, and 1064 |
|---|
| 1582 | | - | stability of children who are or become the responsibility of 1065 |
|---|
| 1583 | | - | the state. One of the components necessary to secure a safe and 1066 |
|---|
| 1584 | | - | stable environment for such children is the requirement that 1067 |
|---|
| 1585 | | - | private providers maintain liability insurance. As such, 1068 |
|---|
| 1586 | | - | insurance needs to be available and remain available to 1069 |
|---|
| 1587 | | - | nongovernmental foster care and related services providers 1070 |
|---|
| 1588 | | - | without the resources of such providers being significantly 1071 |
|---|
| 1589 | | - | reduced by the cost of maintaining such insurance. 1072 |
|---|
| 1590 | | - | (b) The Legislature further finds that, by requiring the 1073 |
|---|
| 1591 | | - | following minimum levels of insurance, children in outsourced 1074 |
|---|
| 1592 | | - | foster care and related services will gain increased protection 1075 |
|---|
| 1593 | | - | |
|---|
| 1594 | | - | CS/HB 301 2025 |
|---|
| 1595 | | - | |
|---|
| 1596 | | - | |
|---|
| 1597 | | - | |
|---|
| 1598 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1599 | | - | hb301-01-c1 |
|---|
| 1568 | + | made by this act to section 768.28, Florida Statutes, in a 1051 |
|---|
| 1569 | + | reference thereto, subsection (1), paragraph (a) of subsecti on 1052 |
|---|
| 1570 | + | (2), and paragraph (a) of subsection (3) of section 409.993, 1053 |
|---|
| 1571 | + | Florida Statutes, are reenacted to read: 1054 |
|---|
| 1572 | + | 409.993 Lead agencies and subcontractor liability. — 1055 |
|---|
| 1573 | + | (1) FINDINGS.— 1056 |
|---|
| 1574 | + | (a) The Legislature finds that the state has traditionally 1057 |
|---|
| 1575 | + | provided foster care services to children who are the 1058 |
|---|
| 1576 | + | responsibility of the state. As such, foster children have not 1059 |
|---|
| 1577 | + | had the right to recover for injuries beyond the limitations 1060 |
|---|
| 1578 | + | specified in s. 768.28. The Legislature has determined that 1061 |
|---|
| 1579 | + | foster care and related services shou ld be outsourced pursuant 1062 |
|---|
| 1580 | + | to this section and that the provision of such services is of 1063 |
|---|
| 1581 | + | paramount importance to the state. The purpose of such 1064 |
|---|
| 1582 | + | outsourcing is to increase the level of safety, security, and 1065 |
|---|
| 1583 | + | stability of children who are or become the respons ibility of 1066 |
|---|
| 1584 | + | the state. One of the components necessary to secure a safe and 1067 |
|---|
| 1585 | + | stable environment for such children is the requirement that 1068 |
|---|
| 1586 | + | private providers maintain liability insurance. As such, 1069 |
|---|
| 1587 | + | insurance needs to be available and remain available to 1070 |
|---|
| 1588 | + | nongovernmental foster care and related services providers 1071 |
|---|
| 1589 | + | without the resources of such providers being significantly 1072 |
|---|
| 1590 | + | reduced by the cost of maintaining such insurance. 1073 |
|---|
| 1591 | + | (b) The Legislature further finds that, by requiring the 1074 |
|---|
| 1592 | + | following minimum levels of insura nce, children in outsourced 1075 |
|---|
| 1593 | + | |
|---|
| 1594 | + | HB 301 2025 |
|---|
| 1595 | + | |
|---|
| 1596 | + | |
|---|
| 1597 | + | |
|---|
| 1598 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1599 | + | hb301-00 |
|---|
| 1605 | | - | and rights of recovery in the event of injury than currently 1076 |
|---|
| 1606 | | - | provided in s. 768.28. 1077 |
|---|
| 1607 | | - | (2) LEAD AGENCY LIABILITY. — 1078 |
|---|
| 1608 | | - | (a) Other than an entity to which s. 768.28 applies, an 1079 |
|---|
| 1609 | | - | eligible community-based care lead agency, or its employees or 1080 |
|---|
| 1610 | | - | officers, except as otherwise provided in paragraph (b), shall, 1081 |
|---|
| 1611 | | - | as a part of its contract, obtain a minimum of $1 million per 1082 |
|---|
| 1612 | | - | occurrence with a policy period aggregate limit of $3 million in 1083 |
|---|
| 1613 | | - | general liability insurance coverage. The lead agency must also 1084 |
|---|
| 1614 | | - | require that staff who transport client children and families in 1085 |
|---|
| 1615 | | - | their personal automobiles in order to carry out their job 1086 |
|---|
| 1616 | | - | responsibilities obtain minimum bodily injury liability 1087 |
|---|
| 1617 | | - | insurance in the amount of $100,000 per person per any one 1088 |
|---|
| 1618 | | - | automobile accident, and subject to such limits for each person, 1089 |
|---|
| 1619 | | - | $300,000 for all damages resulting from any one automobile 1090 |
|---|
| 1620 | | - | accident, on their personal automobiles. In lieu of personal 1091 |
|---|
| 1621 | | - | motor vehicle insurance, the lead agency's casualty, liability, 1092 |
|---|
| 1622 | | - | or motor vehicle insurance carrier may provide nonowned 1093 |
|---|
| 1623 | | - | automobile liability coverage. This insurance provides liabi lity 1094 |
|---|
| 1624 | | - | insurance for an automobile that the lead agency uses in 1095 |
|---|
| 1625 | | - | connection with the lead agency's business but does not own, 1096 |
|---|
| 1626 | | - | lease, rent, or borrow. This coverage includes an automobile 1097 |
|---|
| 1627 | | - | owned by an employee of the lead agency or a member of the 1098 |
|---|
| 1628 | | - | employee's household but only while the automobile is used in 1099 |
|---|
| 1629 | | - | connection with the lead agency's business. The nonowned 1100 |
|---|
| 1630 | | - | |
|---|
| 1631 | | - | CS/HB 301 2025 |
|---|
| 1632 | | - | |
|---|
| 1633 | | - | |
|---|
| 1634 | | - | |
|---|
| 1635 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1636 | | - | hb301-01-c1 |
|---|
| 1605 | + | foster care and related services will gain increased protection 1076 |
|---|
| 1606 | + | and rights of recovery in the event of injury than currently 1077 |
|---|
| 1607 | + | provided in s. 768.28. 1078 |
|---|
| 1608 | + | (2) LEAD AGENCY LIABILITY. — 1079 |
|---|
| 1609 | + | (a) Other than an entity to which s. 768.28 appl ies, an 1080 |
|---|
| 1610 | + | eligible community-based care lead agency, or its employees or 1081 |
|---|
| 1611 | + | officers, except as otherwise provided in paragraph (b), shall, 1082 |
|---|
| 1612 | + | as a part of its contract, obtain a minimum of $1 million per 1083 |
|---|
| 1613 | + | occurrence with a policy period aggregate limit of $3 milli on in 1084 |
|---|
| 1614 | + | general liability insurance coverage. The lead agency must also 1085 |
|---|
| 1615 | + | require that staff who transport client children and families in 1086 |
|---|
| 1616 | + | their personal automobiles in order to carry out their job 1087 |
|---|
| 1617 | + | responsibilities obtain minimum bodily injury liability 1088 |
|---|
| 1618 | + | insurance in the amount of $100,000 per person per any one 1089 |
|---|
| 1619 | + | automobile accident, and subject to such limits for each person, 1090 |
|---|
| 1620 | + | $300,000 for all damages resulting from any one automobile 1091 |
|---|
| 1621 | + | accident, on their personal automobiles. In lieu of personal 1092 |
|---|
| 1622 | + | motor vehicle insurance, the lead agency's casualty, liability, 1093 |
|---|
| 1623 | + | or motor vehicle insurance carrier may provide nonowned 1094 |
|---|
| 1624 | + | automobile liability coverage. This insurance provides liability 1095 |
|---|
| 1625 | + | insurance for an automobile that the lead agency uses in 1096 |
|---|
| 1626 | + | connection with the lead agency' s business but does not own, 1097 |
|---|
| 1627 | + | lease, rent, or borrow. This coverage includes an automobile 1098 |
|---|
| 1628 | + | owned by an employee of the lead agency or a member of the 1099 |
|---|
| 1629 | + | employee's household but only while the automobile is used in 1100 |
|---|
| 1630 | + | |
|---|
| 1631 | + | HB 301 2025 |
|---|
| 1632 | + | |
|---|
| 1633 | + | |
|---|
| 1634 | + | |
|---|
| 1635 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1636 | + | hb301-00 |
|---|
| 1642 | | - | automobile coverage for the lead agency applies as excess 1101 |
|---|
| 1643 | | - | coverage over any other collectible insurance. The personal 1102 |
|---|
| 1644 | | - | automobile policy for the employ ee of the lead agency shall be 1103 |
|---|
| 1645 | | - | primary insurance, and the nonowned automobile coverage of the 1104 |
|---|
| 1646 | | - | lead agency acts as excess insurance to the primary insurance. 1105 |
|---|
| 1647 | | - | The lead agency shall provide a minimum limit of $1 million in 1106 |
|---|
| 1648 | | - | nonowned automobile coverage. In a t ort action brought against 1107 |
|---|
| 1649 | | - | such a lead agency or employee, net economic damages shall be 1108 |
|---|
| 1650 | | - | limited to $2 million per liability claim and $200,000 per 1109 |
|---|
| 1651 | | - | automobile claim, including, but not limited to, past and future 1110 |
|---|
| 1652 | | - | medical expenses, wage loss, and loss of ea rning capacity, 1111 |
|---|
| 1653 | | - | offset by any collateral source payment paid or payable. In any 1112 |
|---|
| 1654 | | - | tort action brought against a lead agency, noneconomic damages 1113 |
|---|
| 1655 | | - | shall be limited to $400,000 per claim. A claims bill may be 1114 |
|---|
| 1656 | | - | brought on behalf of a claimant pursuant to s. 768.2 8 for any 1115 |
|---|
| 1657 | | - | amount exceeding the limits specified in this paragraph. Any 1116 |
|---|
| 1658 | | - | offset of collateral source payments made as of the date of the 1117 |
|---|
| 1659 | | - | settlement or judgment shall be in accordance with s. 768.76. 1118 |
|---|
| 1660 | | - | The lead agency is not liable in tort for the acts or omiss ions 1119 |
|---|
| 1661 | | - | of its subcontractors or the officers, agents, or employees of 1120 |
|---|
| 1662 | | - | its subcontractors. 1121 |
|---|
| 1663 | | - | (3) SUBCONTRACTOR LIABILITY. — 1122 |
|---|
| 1664 | | - | (a) A subcontractor of an eligible community -based care 1123 |
|---|
| 1665 | | - | lead agency that is a direct provider of foster care and related 1124 |
|---|
| 1666 | | - | services to children and families, and its employees or 1125 |
|---|
| 1667 | | - | |
|---|
| 1668 | | - | CS/HB 301 2025 |
|---|
| 1669 | | - | |
|---|
| 1670 | | - | |
|---|
| 1671 | | - | |
|---|
| 1672 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1673 | | - | hb301-01-c1 |
|---|
| 1642 | + | connection with the lead agency's business. T he nonowned 1101 |
|---|
| 1643 | + | automobile coverage for the lead agency applies as excess 1102 |
|---|
| 1644 | + | coverage over any other collectible insurance. The personal 1103 |
|---|
| 1645 | + | automobile policy for the employee of the lead agency shall be 1104 |
|---|
| 1646 | + | primary insurance, and the nonowned automobile coverage of the 1105 |
|---|
| 1647 | + | lead agency acts as excess insurance to the primary insurance. 1106 |
|---|
| 1648 | + | The lead agency shall provide a minimum limit of $1 million in 1107 |
|---|
| 1649 | + | nonowned automobile coverage. In a tort action brought against 1108 |
|---|
| 1650 | + | such a lead agency or employee, net economic damages shall be 1109 |
|---|
| 1651 | + | limited to $2 million per liability claim and $200,000 per 1110 |
|---|
| 1652 | + | automobile claim, including, but not limited to, past and future 1111 |
|---|
| 1653 | + | medical expenses, wage loss, and loss of earning capacity, 1112 |
|---|
| 1654 | + | offset by any collateral source payment paid or payable. In any 1113 |
|---|
| 1655 | + | tort action brought against a lead agency, noneconomic damages 1114 |
|---|
| 1656 | + | shall be limited to $400,000 per claim. A claims bill may be 1115 |
|---|
| 1657 | + | brought on behalf of a claimant pursuant to s. 768.28 for any 1116 |
|---|
| 1658 | + | amount exceeding the limits specified in this paragraph. Any 1117 |
|---|
| 1659 | + | offset of collateral so urce payments made as of the date of the 1118 |
|---|
| 1660 | + | settlement or judgment shall be in accordance with s. 768.76. 1119 |
|---|
| 1661 | + | The lead agency is not liable in tort for the acts or omissions 1120 |
|---|
| 1662 | + | of its subcontractors or the officers, agents, or employees of 1121 |
|---|
| 1663 | + | its subcontractors. 1122 |
|---|
| 1664 | + | (3) SUBCONTRACTOR LIABILITY. — 1123 |
|---|
| 1665 | + | (a) A subcontractor of an eligible community -based care 1124 |
|---|
| 1666 | + | lead agency that is a direct provider of foster care and related 1125 |
|---|
| 1667 | + | |
|---|
| 1668 | + | HB 301 2025 |
|---|
| 1669 | + | |
|---|
| 1670 | + | |
|---|
| 1671 | + | |
|---|
| 1672 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1673 | + | hb301-00 |
|---|
| 1679 | | - | officers, except as otherwise provided in paragraph (b), must, 1126 |
|---|
| 1680 | | - | as a part of its contract, obtain a minimum of $1 million per 1127 |
|---|
| 1681 | | - | occurrence with a policy period aggregate limit of $3 million in 1128 |
|---|
| 1682 | | - | general liability insur ance coverage. The subcontractor of a 1129 |
|---|
| 1683 | | - | lead agency must also require that staff who transport client 1130 |
|---|
| 1684 | | - | children and families in their personal automobiles in order to 1131 |
|---|
| 1685 | | - | carry out their job responsibilities obtain minimum bodily 1132 |
|---|
| 1686 | | - | injury liability insurance in the amount of $100,000 per person 1133 |
|---|
| 1687 | | - | in any one automobile accident, and subject to such limits for 1134 |
|---|
| 1688 | | - | each person, $300,000 for all damages resulting from any one 1135 |
|---|
| 1689 | | - | automobile accident, on their personal automobiles. In lieu of 1136 |
|---|
| 1690 | | - | personal motor vehicle insurance, the subcontractor's casualty, 1137 |
|---|
| 1691 | | - | liability, or motor vehicle insurance carrier may provide 1138 |
|---|
| 1692 | | - | nonowned automobile liability coverage. This insurance provides 1139 |
|---|
| 1693 | | - | liability insurance for automobiles that the subcontractor uses 1140 |
|---|
| 1694 | | - | in connection with the subcontractor's busin ess but does not 1141 |
|---|
| 1695 | | - | own, lease, rent, or borrow. This coverage includes automobiles 1142 |
|---|
| 1696 | | - | owned by the employees of the subcontractor or a member of the 1143 |
|---|
| 1697 | | - | employee's household but only while the automobiles are used in 1144 |
|---|
| 1698 | | - | connection with the subcontractor's business. Th e nonowned 1145 |
|---|
| 1699 | | - | automobile coverage for the subcontractor applies as excess 1146 |
|---|
| 1700 | | - | coverage over any other collectible insurance. The personal 1147 |
|---|
| 1701 | | - | automobile policy for the employee of the subcontractor shall be 1148 |
|---|
| 1702 | | - | primary insurance, and the nonowned automobile coverage of t he 1149 |
|---|
| 1703 | | - | subcontractor acts as excess insurance to the primary insurance. 1150 |
|---|
| 1704 | | - | |
|---|
| 1705 | | - | CS/HB 301 2025 |
|---|
| 1706 | | - | |
|---|
| 1707 | | - | |
|---|
| 1708 | | - | |
|---|
| 1709 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1710 | | - | hb301-01-c1 |
|---|
| 1679 | + | services to children and families, and its employees or 1126 |
|---|
| 1680 | + | officers, except as otherwise provided in paragraph (b), must, 1127 |
|---|
| 1681 | + | as a part of its contract, obtain a minimum of $1 million per 1128 |
|---|
| 1682 | + | occurrence with a policy period aggregate limit of $3 million in 1129 |
|---|
| 1683 | + | general liability insurance coverage. The subcontractor of a 1130 |
|---|
| 1684 | + | lead agency must also require that staff who transport c lient 1131 |
|---|
| 1685 | + | children and families in their personal automobiles in order to 1132 |
|---|
| 1686 | + | carry out their job responsibilities obtain minimum bodily 1133 |
|---|
| 1687 | + | injury liability insurance in the amount of $100,000 per person 1134 |
|---|
| 1688 | + | in any one automobile accident, and subject to such limits for 1135 |
|---|
| 1689 | + | each person, $300,000 for all damages resulting from any one 1136 |
|---|
| 1690 | + | automobile accident, on their personal automobiles. In lieu of 1137 |
|---|
| 1691 | + | personal motor vehicle insurance, the subcontractor's casualty, 1138 |
|---|
| 1692 | + | liability, or motor vehicle insurance carrier may provide 1139 |
|---|
| 1693 | + | nonowned automobile liability coverage. This insurance provides 1140 |
|---|
| 1694 | + | liability insurance for automobiles that the subcontractor uses 1141 |
|---|
| 1695 | + | in connection with the subcontractor's business but does not 1142 |
|---|
| 1696 | + | own, lease, rent, or borrow. This coverage includes automobiles 1143 |
|---|
| 1697 | + | owned by the employees of the subcontractor or a member of the 1144 |
|---|
| 1698 | + | employee's household but only while the automobiles are used in 1145 |
|---|
| 1699 | + | connection with the subcontractor's business. The nonowned 1146 |
|---|
| 1700 | + | automobile coverage for the subcontractor applies as excess 1147 |
|---|
| 1701 | + | coverage over any other collectible insurance. The personal 1148 |
|---|
| 1702 | + | automobile policy for the employee of the subcontractor shall be 1149 |
|---|
| 1703 | + | primary insurance, and the nonowned automobile coverage of the 1150 |
|---|
| 1704 | + | |
|---|
| 1705 | + | HB 301 2025 |
|---|
| 1706 | + | |
|---|
| 1707 | + | |
|---|
| 1708 | + | |
|---|
| 1709 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1710 | + | hb301-00 |
|---|
| 1716 | | - | The subcontractor shall provide a minimum limit of $1 million in 1151 |
|---|
| 1717 | | - | nonowned automobile coverage. In a tort action brought against 1152 |
|---|
| 1718 | | - | such subcontractor or employee, net economic damages shall b e 1153 |
|---|
| 1719 | | - | limited to $2 million per liability claim and $200,000 per 1154 |
|---|
| 1720 | | - | automobile claim, including, but not limited to, past and future 1155 |
|---|
| 1721 | | - | medical expenses, wage loss, and loss of earning capacity, 1156 |
|---|
| 1722 | | - | offset by any collateral source payment paid or payable. In a 1157 |
|---|
| 1723 | | - | tort action brought against such subcontractor, noneconomic 1158 |
|---|
| 1724 | | - | damages shall be limited to $400,000 per claim. A claims bill 1159 |
|---|
| 1725 | | - | may be brought on behalf of a claimant pursuant to s. 768.28 for 1160 |
|---|
| 1726 | | - | any amount exceeding the limits specified in this paragraph. Any 1161 |
|---|
| 1727 | | - | offset of collateral source payments made as of the date of the 1162 |
|---|
| 1728 | | - | settlement or judgment shall be in accordance with s. 768.76. 1163 |
|---|
| 1729 | | - | Section 29. For the purpose of incorporating the amendment 1164 |
|---|
| 1730 | | - | made by this act to section 768.28, Florida Statutes, in a 1165 |
|---|
| 1731 | | - | reference thereto, su bsection (8) of section 420.504, Florida 1166 |
|---|
| 1732 | | - | Statutes, is reenacted to read: 1167 |
|---|
| 1733 | | - | 420.504 Public corporation; creation, membership, terms, 1168 |
|---|
| 1734 | | - | expenses.— 1169 |
|---|
| 1735 | | - | (8) The corporation is a corporation primarily acting as 1170 |
|---|
| 1736 | | - | an instrumentality of the state, within the meaning of s. 1171 |
|---|
| 1737 | | - | 768.28. 1172 |
|---|
| 1738 | | - | Section 30. For the purpose of incorporating the amendment 1173 |
|---|
| 1739 | | - | made by this act to section 768.28, Florida Statutes, in a 1174 |
|---|
| 1740 | | - | reference thereto, subsection (3) of section 455.221, Florida 1175 |
|---|
| 1741 | | - | |
|---|
| 1742 | | - | CS/HB 301 2025 |
|---|
| 1743 | | - | |
|---|
| 1744 | | - | |
|---|
| 1745 | | - | |
|---|
| 1746 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1747 | | - | hb301-01-c1 |
|---|
| 1716 | + | subcontractor acts as excess insurance to the primary insurance. 1151 |
|---|
| 1717 | + | The subcontractor shall pr ovide a minimum limit of $1 million in 1152 |
|---|
| 1718 | + | nonowned automobile coverage. In a tort action brought against 1153 |
|---|
| 1719 | + | such subcontractor or employee, net economic damages shall be 1154 |
|---|
| 1720 | + | limited to $2 million per liability claim and $200,000 per 1155 |
|---|
| 1721 | + | automobile claim, including, but not limited to, past and future 1156 |
|---|
| 1722 | + | medical expenses, wage loss, and loss of earning capacity, 1157 |
|---|
| 1723 | + | offset by any collateral source payment paid or payable. In a 1158 |
|---|
| 1724 | + | tort action brought against such subcontractor, noneconomic 1159 |
|---|
| 1725 | + | damages shall be limited to $400,000 per cl aim. A claims bill 1160 |
|---|
| 1726 | + | may be brought on behalf of a claimant pursuant to s. 768.28 for 1161 |
|---|
| 1727 | + | any amount exceeding the limits specified in this paragraph. Any 1162 |
|---|
| 1728 | + | offset of collateral source payments made as of the date of the 1163 |
|---|
| 1729 | + | settlement or judgment shall be in accordan ce with s. 768.76. 1164 |
|---|
| 1730 | + | Section 29. For the purpose of incorporating the amendment 1165 |
|---|
| 1731 | + | made by this act to section 768.28, Florida Statutes, in a 1166 |
|---|
| 1732 | + | reference thereto, subsection (8) of section 420.504, Florida 1167 |
|---|
| 1733 | + | Statutes, is reenacted to read: 1168 |
|---|
| 1734 | + | 420.504 Public corp oration; creation, membership, terms, 1169 |
|---|
| 1735 | + | expenses.— 1170 |
|---|
| 1736 | + | (8) The corporation is a corporation primarily acting as 1171 |
|---|
| 1737 | + | an instrumentality of the state, within the meaning of s. 1172 |
|---|
| 1738 | + | 768.28. 1173 |
|---|
| 1739 | + | Section 30. For the purpose of incorporating the amendment 1174 |
|---|
| 1740 | + | made by this act to section 768.28, Florida Statutes, in a 1175 |
|---|
| 1741 | + | |
|---|
| 1742 | + | HB 301 2025 |
|---|
| 1743 | + | |
|---|
| 1744 | + | |
|---|
| 1745 | + | |
|---|
| 1746 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1747 | + | hb301-00 |
|---|
| 1753 | | - | Statutes, is reenacted to read: 1176 |
|---|
| 1754 | | - | 455.221 Legal and investig ative services.— 1177 |
|---|
| 1755 | | - | (3) Any person retained by the department under contract 1178 |
|---|
| 1756 | | - | to review materials, make site visits, or provide expert 1179 |
|---|
| 1757 | | - | testimony regarding any complaint or application filed with the 1180 |
|---|
| 1758 | | - | department relating to a profession under the jurisdiction of 1181 |
|---|
| 1759 | | - | the department shall be considered an agent of the department in 1182 |
|---|
| 1760 | | - | determining the state insurance coverage and sovereign immunity 1183 |
|---|
| 1761 | | - | protection applicability of ss. 284.31 and 768.28. 1184 |
|---|
| 1762 | | - | Section 31. For the purpose of incorporating the amendment 1185 |
|---|
| 1763 | | - | made by this act to section 768.28, Florida Statutes, in a 1186 |
|---|
| 1764 | | - | reference thereto, subsection (5) of section 455.32, Florida 1187 |
|---|
| 1765 | | - | Statutes, is reenacted to read: 1188 |
|---|
| 1766 | | - | 455.32 Management Privatization Act. — 1189 |
|---|
| 1767 | | - | (5) Any such corporation may hire staff as necessary to 1190 |
|---|
| 1768 | | - | carry out its functions. Such staff are not public employees for 1191 |
|---|
| 1769 | | - | the purposes of chapter 110 or chapter 112, except that the 1192 |
|---|
| 1770 | | - | board of directors and the employees of the corporation are 1193 |
|---|
| 1771 | | - | subject to the provisions of s. 112.061 and part III of chapter 1194 |
|---|
| 1772 | | - | 112. The provisions o f s. 768.28 apply to each such corporation, 1195 |
|---|
| 1773 | | - | which is deemed to be a corporation primarily acting as an 1196 |
|---|
| 1774 | | - | instrumentality of the state but which is not an agency within 1197 |
|---|
| 1775 | | - | the meaning of s. 20.03(1). 1198 |
|---|
| 1776 | | - | Section 32. For the purpose of incorporating the amendment 1199 |
|---|
| 1777 | | - | made by this act to section 768.28, Florida Statutes, in a 1200 |
|---|
| 1778 | | - | |
|---|
| 1779 | | - | CS/HB 301 2025 |
|---|
| 1780 | | - | |
|---|
| 1781 | | - | |
|---|
| 1782 | | - | |
|---|
| 1783 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1784 | | - | hb301-01-c1 |
|---|
| 1753 | + | reference thereto, subsection (3) of section 455.221, Florida 1176 |
|---|
| 1754 | + | Statutes, is reenacted to read: 1177 |
|---|
| 1755 | + | 455.221 Legal and investigative services. — 1178 |
|---|
| 1756 | + | (3) Any person retained by the department under contract 1179 |
|---|
| 1757 | + | to review materials, make site visits, or provide expert 1180 |
|---|
| 1758 | + | testimony regarding any complaint or application filed with the 1181 |
|---|
| 1759 | + | department relating to a profession under the jurisdiction of 1182 |
|---|
| 1760 | + | the department shall be considered an agent of the department in 1183 |
|---|
| 1761 | + | determining the state insu rance coverage and sovereign immunity 1184 |
|---|
| 1762 | + | protection applicability of ss. 284.31 and 768.28. 1185 |
|---|
| 1763 | + | Section 31. For the purpose of incorporating the amendment 1186 |
|---|
| 1764 | + | made by this act to section 768.28, Florida Statutes, in a 1187 |
|---|
| 1765 | + | reference thereto, subsection (5) of section 455.32, Florida 1188 |
|---|
| 1766 | + | Statutes, is reenacted to read: 1189 |
|---|
| 1767 | + | 455.32 Management Privatization Act. — 1190 |
|---|
| 1768 | + | (5) Any such corporation may hire staff as necessary to 1191 |
|---|
| 1769 | + | carry out its functions. Such staff are not public employees for 1192 |
|---|
| 1770 | + | the purposes of chapter 110 or chapter 112, except that the 1193 |
|---|
| 1771 | + | board of directors and the employees of the corporation are 1194 |
|---|
| 1772 | + | subject to the provisions of s. 112.061 and part III of chapter 1195 |
|---|
| 1773 | + | 112. The provisions of s. 768.28 apply to each such corporation, 1196 |
|---|
| 1774 | + | which is deemed to be a corporation primarily actin g as an 1197 |
|---|
| 1775 | + | instrumentality of the state but which is not an agency within 1198 |
|---|
| 1776 | + | the meaning of s. 20.03(1). 1199 |
|---|
| 1777 | + | Section 32. For the purpose of incorporating the amendment 1200 |
|---|
| 1778 | + | |
|---|
| 1779 | + | HB 301 2025 |
|---|
| 1780 | + | |
|---|
| 1781 | + | |
|---|
| 1782 | + | |
|---|
| 1783 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1784 | + | hb301-00 |
|---|
| 1790 | | - | reference thereto, subsection (3) of section 456.009, Florida 1201 |
|---|
| 1791 | | - | Statutes, is reenacted to read: 1202 |
|---|
| 1792 | | - | 456.009 Legal and investigative services. — 1203 |
|---|
| 1793 | | - | (3) Any person retained by the department under contrac t 1204 |
|---|
| 1794 | | - | to review materials, make site visits, or provide expert 1205 |
|---|
| 1795 | | - | testimony regarding any complaint or application filed with the 1206 |
|---|
| 1796 | | - | department relating to a profession under the jurisdiction of 1207 |
|---|
| 1797 | | - | the department shall be considered an agent of the department in 1208 |
|---|
| 1798 | | - | determining the state insurance coverage and sovereign immunity 1209 |
|---|
| 1799 | | - | protection applicability of ss. 284.31 and 768.28. 1210 |
|---|
| 1800 | | - | Section 33. For the purpose of incorporating the amendment 1211 |
|---|
| 1801 | | - | made by this act to section 768.28, Florida Statutes, in a 1212 |
|---|
| 1802 | | - | reference thereto, paragr aph (a) of subsection (15) of section 1213 |
|---|
| 1803 | | - | 456.076, Florida Statutes, is reenacted to read: 1214 |
|---|
| 1804 | | - | 456.076 Impaired practitioner programs. — 1215 |
|---|
| 1805 | | - | (15)(a) A consultant retained pursuant to this section and 1216 |
|---|
| 1806 | | - | a consultant's directors, officers, employees, or agents shall 1217 |
|---|
| 1807 | | - | be considered agents of the department for purposes of s. 768.28 1218 |
|---|
| 1808 | | - | while acting within the scope of the consultant's duties under 1219 |
|---|
| 1809 | | - | the contract with the department. 1220 |
|---|
| 1810 | | - | Section 34. For the purpose of incorporating the amendment 1221 |
|---|
| 1811 | | - | made by this act to section 768.2 8, Florida Statutes, in a 1222 |
|---|
| 1812 | | - | reference thereto, subsection (3) of section 471.038, Florida 1223 |
|---|
| 1813 | | - | Statutes, is reenacted to read: 1224 |
|---|
| 1814 | | - | 471.038 Florida Engineers Management Corporation. — 1225 |
|---|
| 1815 | | - | |
|---|
| 1816 | | - | CS/HB 301 2025 |
|---|
| 1817 | | - | |
|---|
| 1818 | | - | |
|---|
| 1819 | | - | |
|---|
| 1820 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1821 | | - | hb301-01-c1 |
|---|
| 1790 | + | made by this act to section 768.28, Florida Statutes, in a 1201 |
|---|
| 1791 | + | reference thereto, subsection (3) o f section 456.009, Florida 1202 |
|---|
| 1792 | + | Statutes, is reenacted to read: 1203 |
|---|
| 1793 | + | 456.009 Legal and investigative services. — 1204 |
|---|
| 1794 | + | (3) Any person retained by the department under contract 1205 |
|---|
| 1795 | + | to review materials, make site visits, or provide expert 1206 |
|---|
| 1796 | + | testimony regarding any complaint or application filed with the 1207 |
|---|
| 1797 | + | department relating to a profession under the jurisdiction of 1208 |
|---|
| 1798 | + | the department shall be considered an agent of the department in 1209 |
|---|
| 1799 | + | determining the state insurance coverage and sovereign immunity 1210 |
|---|
| 1800 | + | protection applicability of ss. 284.3 1 and 768.28. 1211 |
|---|
| 1801 | + | Section 33. For the purpose of incorporating the amendment 1212 |
|---|
| 1802 | + | made by this act to section 768.28, Florida Statutes, in a 1213 |
|---|
| 1803 | + | reference thereto, paragraph (a) of subsection (15) of section 1214 |
|---|
| 1804 | + | 456.076, Florida Statutes, is reenacted to read: 1215 |
|---|
| 1805 | + | 456.076 Impaired practitioner programs. — 1216 |
|---|
| 1806 | + | (15)(a) A consultant retained pursuant to this section and 1217 |
|---|
| 1807 | + | a consultant's directors, officers, employees, or agents shall 1218 |
|---|
| 1808 | + | be considered agents of the department for purposes of s. 768.28 1219 |
|---|
| 1809 | + | while acting within the scope of the consultant's duties under 1220 |
|---|
| 1810 | + | the contract with the department. 1221 |
|---|
| 1811 | + | Section 34. For the purpose of incorporating the amendment 1222 |
|---|
| 1812 | + | made by this act to section 768.28, Florida Statutes, in a 1223 |
|---|
| 1813 | + | reference thereto, subsection (3) of section 471.038, Florida 1224 |
|---|
| 1814 | + | Statutes, is reenacted to read: 1225 |
|---|
| 1815 | + | |
|---|
| 1816 | + | HB 301 2025 |
|---|
| 1817 | + | |
|---|
| 1818 | + | |
|---|
| 1819 | + | |
|---|
| 1820 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1821 | + | hb301-00 |
|---|
| 1827 | | - | (3) The Florida Engineers Management Corporation is 1226 |
|---|
| 1828 | | - | created to provide administra tive, investigative, and 1227 |
|---|
| 1829 | | - | prosecutorial services to the board in accordance with the 1228 |
|---|
| 1830 | | - | provisions of chapter 455 and this chapter. The management 1229 |
|---|
| 1831 | | - | corporation may hire staff as necessary to carry out its 1230 |
|---|
| 1832 | | - | functions. Such staff are not public employees for the p urposes 1231 |
|---|
| 1833 | | - | of chapter 110 or chapter 112, except that the board of 1232 |
|---|
| 1834 | | - | directors and the staff are subject to the provisions of s. 1233 |
|---|
| 1835 | | - | 112.061. The provisions of s. 768.28 apply to the management 1234 |
|---|
| 1836 | | - | corporation, which is deemed to be a corporation primarily 1235 |
|---|
| 1837 | | - | acting as an instrumentality of the state, but which is not an 1236 |
|---|
| 1838 | | - | agency within the meaning of s. 20.03(1). The management 1237 |
|---|
| 1839 | | - | corporation shall: 1238 |
|---|
| 1840 | | - | (a) Be a Florida corporation not for profit, incorporated 1239 |
|---|
| 1841 | | - | under the provisions of chapter 617. 1240 |
|---|
| 1842 | | - | (b) Provide administrative, in vestigative, and 1241 |
|---|
| 1843 | | - | prosecutorial services to the board in accordance with the 1242 |
|---|
| 1844 | | - | provisions of chapter 455, this chapter, and the contract 1243 |
|---|
| 1845 | | - | required by this section. 1244 |
|---|
| 1846 | | - | (c) Receive, hold, and administer property and make only 1245 |
|---|
| 1847 | | - | prudent expenditures directly related to the responsibilities of 1246 |
|---|
| 1848 | | - | the board, and in accordance with the contract required by this 1247 |
|---|
| 1849 | | - | section. 1248 |
|---|
| 1850 | | - | (d) Be approved by the board, and the department, to 1249 |
|---|
| 1851 | | - | operate for the benefit of the board and in the best interest of 1250 |
|---|
| 1852 | | - | |
|---|
| 1853 | | - | CS/HB 301 2025 |
|---|
| 1854 | | - | |
|---|
| 1855 | | - | |
|---|
| 1856 | | - | |
|---|
| 1857 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1858 | | - | hb301-01-c1 |
|---|
| 1827 | + | 471.038 Florida Engineers Management Corporation. — 1226 |
|---|
| 1828 | + | (3) The Florida Engineers Management Corporation is 1227 |
|---|
| 1829 | + | created to provide administrative, investigative, and 1228 |
|---|
| 1830 | + | prosecutorial services to the board in accordance with the 1229 |
|---|
| 1831 | + | provisions of chapter 455 and this chapter. The management 1230 |
|---|
| 1832 | + | corporation may hire staff as necessary to carry out its 1231 |
|---|
| 1833 | + | functions. Such staff are not public employees for the purposes 1232 |
|---|
| 1834 | + | of chapter 110 or chapter 112, except that the board of 1233 |
|---|
| 1835 | + | directors and the staff are sub ject to the provisions of s. 1234 |
|---|
| 1836 | + | 112.061. The provisions of s. 768.28 apply to the management 1235 |
|---|
| 1837 | + | corporation, which is deemed to be a corporation primarily 1236 |
|---|
| 1838 | + | acting as an instrumentality of the state, but which is not an 1237 |
|---|
| 1839 | + | agency within the meaning of s. 20.03(1). Th e management 1238 |
|---|
| 1840 | + | corporation shall: 1239 |
|---|
| 1841 | + | (a) Be a Florida corporation not for profit, incorporated 1240 |
|---|
| 1842 | + | under the provisions of chapter 617. 1241 |
|---|
| 1843 | + | (b) Provide administrative, investigative, and 1242 |
|---|
| 1844 | + | prosecutorial services to the board in accordance with the 1243 |
|---|
| 1845 | + | provisions of chapter 455, this chapter, and the contract 1244 |
|---|
| 1846 | + | required by this section. 1245 |
|---|
| 1847 | + | (c) Receive, hold, and administer property and make only 1246 |
|---|
| 1848 | + | prudent expenditures directly related to the responsibilities of 1247 |
|---|
| 1849 | + | the board, and in accordance with the contract required by this 1248 |
|---|
| 1850 | + | section. 1249 |
|---|
| 1851 | + | (d) Be approved by the board, and the department, to 1250 |
|---|
| 1852 | + | |
|---|
| 1853 | + | HB 301 2025 |
|---|
| 1854 | + | |
|---|
| 1855 | + | |
|---|
| 1856 | + | |
|---|
| 1857 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1858 | + | hb301-00 |
|---|
| 1864 | | - | the state. 1251 |
|---|
| 1865 | | - | (e) Operate under a fi scal year that begins on July 1 of 1252 |
|---|
| 1866 | | - | each year and ends on June 30 of the following year. 1253 |
|---|
| 1867 | | - | (f) Have a seven-member board of directors, five of whom 1254 |
|---|
| 1868 | | - | are to be appointed by the board and must be registrants 1255 |
|---|
| 1869 | | - | regulated by the board and two of whom are to be app ointed by 1256 |
|---|
| 1870 | | - | the secretary and must be laypersons not regulated by the board. 1257 |
|---|
| 1871 | | - | All appointments shall be for 4 -year terms. No member shall 1258 |
|---|
| 1872 | | - | serve more than two consecutive terms. Failure to attend three 1259 |
|---|
| 1873 | | - | consecutive meetings shall be deemed a resignation from th e 1260 |
|---|
| 1874 | | - | board, and the vacancy shall be filled by a new appointment. 1261 |
|---|
| 1875 | | - | (g) Select its officers in accordance with its bylaws. The 1262 |
|---|
| 1876 | | - | members of the board of directors who were appointed by the 1263 |
|---|
| 1877 | | - | board may be removed by the board. 1264 |
|---|
| 1878 | | - | (h) Select the president of the man agement corporation, 1265 |
|---|
| 1879 | | - | who shall also serve as executive director to the board, subject 1266 |
|---|
| 1880 | | - | to approval of the board. 1267 |
|---|
| 1881 | | - | (i) Use a portion of the interest derived from the 1268 |
|---|
| 1882 | | - | management corporation account to offset the costs associated 1269 |
|---|
| 1883 | | - | with the use of credit cards for payment of fees by applicants 1270 |
|---|
| 1884 | | - | or licensees. 1271 |
|---|
| 1885 | | - | (j) Operate under a written contract with the department 1272 |
|---|
| 1886 | | - | which is approved by the board. The contract must provide for, 1273 |
|---|
| 1887 | | - | but is not limited to: 1274 |
|---|
| 1888 | | - | 1. Submission by the management corporation of an annual 1275 |
|---|
| 1889 | | - | |
|---|
| 1890 | | - | CS/HB 301 2025 |
|---|
| 1891 | | - | |
|---|
| 1892 | | - | |
|---|
| 1893 | | - | |
|---|
| 1894 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1895 | | - | hb301-01-c1 |
|---|
| 1864 | + | operate for the benefit of the board and in the best interest of 1251 |
|---|
| 1865 | + | the state. 1252 |
|---|
| 1866 | + | (e) Operate under a fiscal year that begins on July 1 of 1253 |
|---|
| 1867 | + | each year and ends on June 30 of the following year. 1254 |
|---|
| 1868 | + | (f) Have a seven-member board of directors, five of whom 1255 |
|---|
| 1869 | + | are to be appointed by the board and must be registrants 1256 |
|---|
| 1870 | + | regulated by the board and two of whom are to be appointed by 1257 |
|---|
| 1871 | + | the secretary and must be laypersons not regulated by the board. 1258 |
|---|
| 1872 | + | All appointments sha ll be for 4-year terms. No member shall 1259 |
|---|
| 1873 | + | serve more than two consecutive terms. Failure to attend three 1260 |
|---|
| 1874 | + | consecutive meetings shall be deemed a resignation from the 1261 |
|---|
| 1875 | + | board, and the vacancy shall be filled by a new appointment. 1262 |
|---|
| 1876 | + | (g) Select its officers in acc ordance with its bylaws. The 1263 |
|---|
| 1877 | + | members of the board of directors who were appointed by the 1264 |
|---|
| 1878 | + | board may be removed by the board. 1265 |
|---|
| 1879 | + | (h) Select the president of the management corporation, 1266 |
|---|
| 1880 | + | who shall also serve as executive director to the board, subject 1267 |
|---|
| 1881 | + | to approval of the board. 1268 |
|---|
| 1882 | + | (i) Use a portion of the interest derived from the 1269 |
|---|
| 1883 | + | management corporation account to offset the costs associated 1270 |
|---|
| 1884 | + | with the use of credit cards for payment of fees by applicants 1271 |
|---|
| 1885 | + | or licensees. 1272 |
|---|
| 1886 | + | (j) Operate under a written contract with the department 1273 |
|---|
| 1887 | + | which is approved by the board. The contract must provide for, 1274 |
|---|
| 1888 | + | but is not limited to: 1275 |
|---|
| 1889 | + | |
|---|
| 1890 | + | HB 301 2025 |
|---|
| 1891 | + | |
|---|
| 1892 | + | |
|---|
| 1893 | + | |
|---|
| 1894 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1895 | + | hb301-00 |
|---|
| 1901 | | - | budget that complies with board rules for approval by the board 1276 |
|---|
| 1902 | | - | and the department. 1277 |
|---|
| 1903 | | - | 2. Annual certification by the board and the department 1278 |
|---|
| 1904 | | - | that the management corporation is complying with the terms of 1279 |
|---|
| 1905 | | - | the contract in a manner consistent with the goals and purposes 1280 |
|---|
| 1906 | | - | of the board and in the best interest of the state. This 1281 |
|---|
| 1907 | | - | certification must be reported in the board's minutes. The 1282 |
|---|
| 1908 | | - | contract must also provide for methods and mechanisms to resolve 1283 |
|---|
| 1909 | | - | any situation in which the certification process determines 1284 |
|---|
| 1910 | | - | noncompliance. 1285 |
|---|
| 1911 | | - | 3. Funding of the management corporation through 1286 |
|---|
| 1912 | | - | appropriations allocated to the regulation of professional 1287 |
|---|
| 1913 | | - | engineers from the Professional Regulation Trust Fund. 1288 |
|---|
| 1914 | | - | 4. The reversion to the board, or the state if the board 1289 |
|---|
| 1915 | | - | ceases to exist, of mon eys, records, data, and property held in 1290 |
|---|
| 1916 | | - | trust by the management corporation for the benefit of the 1291 |
|---|
| 1917 | | - | board, if the management corporation is no longer approved to 1292 |
|---|
| 1918 | | - | operate for the board or the board ceases to exist. All records 1293 |
|---|
| 1919 | | - | and data in a computerized dat abase shall be returned to the 1294 |
|---|
| 1920 | | - | department in a form that is compatible with the computerized 1295 |
|---|
| 1921 | | - | database of the department. 1296 |
|---|
| 1922 | | - | 5. The securing and maintaining by the management 1297 |
|---|
| 1923 | | - | corporation, during the term of the contract and for all acts 1298 |
|---|
| 1924 | | - | performed during the term of the contract, of all liability 1299 |
|---|
| 1925 | | - | insurance coverages in an amount to be approved by the board to 1300 |
|---|
| 1926 | | - | |
|---|
| 1927 | | - | CS/HB 301 2025 |
|---|
| 1928 | | - | |
|---|
| 1929 | | - | |
|---|
| 1930 | | - | |
|---|
| 1931 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1932 | | - | hb301-01-c1 |
|---|
| 1901 | + | 1. Submission by the management corporation of an annual 1276 |
|---|
| 1902 | + | budget that complies with board rules for approval by the board 1277 |
|---|
| 1903 | + | and the department. 1278 |
|---|
| 1904 | + | 2. Annual certification by the board and the department 1279 |
|---|
| 1905 | + | that the management corporation is complying with the terms of 1280 |
|---|
| 1906 | + | the contract in a manner consistent with the goals and purposes 1281 |
|---|
| 1907 | + | of the board and in the best interest of the state. This 1282 |
|---|
| 1908 | + | certification must be reporte d in the board's minutes. The 1283 |
|---|
| 1909 | + | contract must also provide for methods and mechanisms to resolve 1284 |
|---|
| 1910 | + | any situation in which the certification process determines 1285 |
|---|
| 1911 | + | noncompliance. 1286 |
|---|
| 1912 | + | 3. Funding of the management corporation through 1287 |
|---|
| 1913 | + | appropriations allocated to the reg ulation of professional 1288 |
|---|
| 1914 | + | engineers from the Professional Regulation Trust Fund. 1289 |
|---|
| 1915 | + | 4. The reversion to the board, or the state if the board 1290 |
|---|
| 1916 | + | ceases to exist, of moneys, records, data, and property held in 1291 |
|---|
| 1917 | + | trust by the management corporation for the benefit of the 1292 |
|---|
| 1918 | + | board, if the management corporation is no longer approved to 1293 |
|---|
| 1919 | + | operate for the board or the board ceases to exist. All records 1294 |
|---|
| 1920 | + | and data in a computerized database shall be returned to the 1295 |
|---|
| 1921 | + | department in a form that is compatible with the computerized 1296 |
|---|
| 1922 | + | database of the department. 1297 |
|---|
| 1923 | + | 5. The securing and maintaining by the management 1298 |
|---|
| 1924 | + | corporation, during the term of the contract and for all acts 1299 |
|---|
| 1925 | + | performed during the term of the contract, of all liability 1300 |
|---|
| 1926 | + | |
|---|
| 1927 | + | HB 301 2025 |
|---|
| 1928 | + | |
|---|
| 1929 | + | |
|---|
| 1930 | + | |
|---|
| 1931 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1932 | + | hb301-00 |
|---|
| 1938 | | - | defend, indemnify, and hold harmless the management corporation 1301 |
|---|
| 1939 | | - | and its officers and employees, the department and its 1302 |
|---|
| 1940 | | - | employees, and the state against a ll claims arising from state 1303 |
|---|
| 1941 | | - | and federal laws. Such insurance coverage must be with insurers 1304 |
|---|
| 1942 | | - | qualified and doing business in the state. The management 1305 |
|---|
| 1943 | | - | corporation must provide proof of insurance to the department. 1306 |
|---|
| 1944 | | - | The department and its employees and the s tate are exempt from 1307 |
|---|
| 1945 | | - | and are not liable for any sum of money which represents a 1308 |
|---|
| 1946 | | - | deductible, which sums shall be the sole responsibility of the 1309 |
|---|
| 1947 | | - | management corporation. Violation of this subparagraph shall be 1310 |
|---|
| 1948 | | - | grounds for terminating the contract. 1311 |
|---|
| 1949 | | - | 6. Payment by the management corporation, out of its 1312 |
|---|
| 1950 | | - | allocated budget, to the department of all costs of 1313 |
|---|
| 1951 | | - | representation by the board counsel, including salary and 1314 |
|---|
| 1952 | | - | benefits, travel, and any other compensation traditionally paid 1315 |
|---|
| 1953 | | - | by the department to other board couns el. 1316 |
|---|
| 1954 | | - | 7. Payment by the management corporation, out of its 1317 |
|---|
| 1955 | | - | allocated budget, to the department of all costs incurred by the 1318 |
|---|
| 1956 | | - | management corporation or the board for the Division of 1319 |
|---|
| 1957 | | - | Administrative Hearings of the Department of Management Services 1320 |
|---|
| 1958 | | - | and any other cost for utilization of these state services. 1321 |
|---|
| 1959 | | - | 8. Payment by the management corporation, out of its 1322 |
|---|
| 1960 | | - | allocated budget, to the department of reasonable costs 1323 |
|---|
| 1961 | | - | associated with the contract monitor. 1324 |
|---|
| 1962 | | - | (k) Provide for an annual financial audit of its financial 1325 |
|---|
| 1963 | | - | |
|---|
| 1964 | | - | CS/HB 301 2025 |
|---|
| 1965 | | - | |
|---|
| 1966 | | - | |
|---|
| 1967 | | - | |
|---|
| 1968 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1969 | | - | hb301-01-c1 |
|---|
| 1938 | + | insurance coverages in an amount to be approved by the b oard to 1301 |
|---|
| 1939 | + | defend, indemnify, and hold harmless the management corporation 1302 |
|---|
| 1940 | + | and its officers and employees, the department and its 1303 |
|---|
| 1941 | + | employees, and the state against all claims arising from state 1304 |
|---|
| 1942 | + | and federal laws. Such insurance coverage must be with insurers 1305 |
|---|
| 1943 | + | qualified and doing business in the state. The management 1306 |
|---|
| 1944 | + | corporation must provide proof of insurance to the department. 1307 |
|---|
| 1945 | + | The department and its employees and the state are exempt from 1308 |
|---|
| 1946 | + | and are not liable for any sum of money which represents a 1309 |
|---|
| 1947 | + | deductible, which sums shall be the sole responsibility of the 1310 |
|---|
| 1948 | + | management corporation. Violation of this subparagraph shall be 1311 |
|---|
| 1949 | + | grounds for terminating the contract. 1312 |
|---|
| 1950 | + | 6. Payment by the management corporation, out of its 1313 |
|---|
| 1951 | + | allocated budget, to the department of all costs of 1314 |
|---|
| 1952 | + | representation by the board counsel, including salary and 1315 |
|---|
| 1953 | + | benefits, travel, and any other compensation traditionally paid 1316 |
|---|
| 1954 | + | by the department to other board counsel. 1317 |
|---|
| 1955 | + | 7. Payment by the management corporation, out of its 1318 |
|---|
| 1956 | + | allocated budget, to the department of all costs incurred by the 1319 |
|---|
| 1957 | + | management corporation or the board for the Division of 1320 |
|---|
| 1958 | + | Administrative Hearings of the Department of Management Services 1321 |
|---|
| 1959 | + | and any other cost for utilization of these state services. 1322 |
|---|
| 1960 | + | 8. Payment by the management corporation, ou t of its 1323 |
|---|
| 1961 | + | allocated budget, to the department of reasonable costs 1324 |
|---|
| 1962 | + | associated with the contract monitor. 1325 |
|---|
| 1963 | + | |
|---|
| 1964 | + | HB 301 2025 |
|---|
| 1965 | + | |
|---|
| 1966 | + | |
|---|
| 1967 | + | |
|---|
| 1968 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1969 | + | hb301-00 |
|---|
| 1975 | | - | accounts and records by an independent certified public 1326 |
|---|
| 1976 | | - | accountant. The annual audit report shall include a management 1327 |
|---|
| 1977 | | - | letter in accordance with s. 11.45 and a detailed supplemental 1328 |
|---|
| 1978 | | - | schedule of expenditures for each expenditure category. The 1329 |
|---|
| 1979 | | - | annual audit report must be submitted to the board, the 1330 |
|---|
| 1980 | | - | department, and the Auditor General for review. 1331 |
|---|
| 1981 | | - | (l) Provide for persons not employed by the corporation 1332 |
|---|
| 1982 | | - | who are charged with the responsibility of recei ving and 1333 |
|---|
| 1983 | | - | depositing fee and fine revenues to have a faithful performance 1334 |
|---|
| 1984 | | - | bond in such an amount and according to such terms as shall be 1335 |
|---|
| 1985 | | - | determined in the contract. 1336 |
|---|
| 1986 | | - | (m) Submit to the secretary, the board, and the 1337 |
|---|
| 1987 | | - | Legislature, on or before October 1 of eac h year, a report on 1338 |
|---|
| 1988 | | - | the status of the corporation which includes, but is not limited 1339 |
|---|
| 1989 | | - | to, information concerning the programs and funds that have been 1340 |
|---|
| 1990 | | - | transferred to the corporation. The report must include: the 1341 |
|---|
| 1991 | | - | number of license applications received; the number approved and 1342 |
|---|
| 1992 | | - | denied and the number of licenses issued; the number of 1343 |
|---|
| 1993 | | - | examinations administered and the number of applicants who 1344 |
|---|
| 1994 | | - | passed or failed the examination; the number of complaints 1345 |
|---|
| 1995 | | - | received; the number determined to be legally sufficient; the 1346 |
|---|
| 1996 | | - | number dismissed; the number determined to have probable cause; 1347 |
|---|
| 1997 | | - | the number of administrative complaints issued and the status of 1348 |
|---|
| 1998 | | - | the complaints; and the number and nature of disciplinary 1349 |
|---|
| 1999 | | - | actions taken by the board. 1350 |
|---|
| 2000 | | - | |
|---|
| 2001 | | - | CS/HB 301 2025 |
|---|
| 2002 | | - | |
|---|
| 2003 | | - | |
|---|
| 2004 | | - | |
|---|
| 2005 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2006 | | - | hb301-01-c1 |
|---|
| 1975 | + | (k) Provide for an annual financial audit of its financial 1326 |
|---|
| 1976 | + | accounts and records by an independent certified public 1327 |
|---|
| 1977 | + | accountant. The annual audit report shall include a management 1328 |
|---|
| 1978 | + | letter in accordance with s. 11.45 and a detailed supplemental 1329 |
|---|
| 1979 | + | schedule of expenditures for each expenditure category. The 1330 |
|---|
| 1980 | + | annual audit report must be submitted to the board, the 1331 |
|---|
| 1981 | + | department, and the Auditor General for review. 1332 |
|---|
| 1982 | + | (l) Provide for persons not employed by the corporation 1333 |
|---|
| 1983 | + | who are charged with the responsibility of receiving and 1334 |
|---|
| 1984 | + | depositing fee and fine revenues to have a faithful performance 1335 |
|---|
| 1985 | + | bond in such an amount and according to such terms as shall be 1336 |
|---|
| 1986 | + | determined in the contract. 1337 |
|---|
| 1987 | + | (m) Submit to the secretary, the board, and the 1338 |
|---|
| 1988 | + | Legislature, on or before October 1 of each year, a report on 1339 |
|---|
| 1989 | + | the status of the corporation which includes, but is not limited 1340 |
|---|
| 1990 | + | to, information concerning the programs and funds that have been 1341 |
|---|
| 1991 | + | transferred to the corporation. The report must include: the 1342 |
|---|
| 1992 | + | number of license applications received; the number approved and 1343 |
|---|
| 1993 | + | denied and the number of licenses issued; the number of 1344 |
|---|
| 1994 | + | examinations administered and the number of applicants who 1345 |
|---|
| 1995 | + | passed or failed the examination; the number of complaints 1346 |
|---|
| 1996 | + | received; the number determined to be legally sufficient; the 1347 |
|---|
| 1997 | + | number dismissed; the number determined to have probable cause; 1348 |
|---|
| 1998 | + | the number of administrative complaints issued and the status of 1349 |
|---|
| 1999 | + | the complaints; and the number and nature of disciplinary 1350 |
|---|
| 2000 | + | |
|---|
| 2001 | + | HB 301 2025 |
|---|
| 2002 | + | |
|---|
| 2003 | + | |
|---|
| 2004 | + | |
|---|
| 2005 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2006 | + | hb301-00 |
|---|
| 2012 | | - | (n) Develop and submit to the departmen t, performance 1351 |
|---|
| 2013 | | - | standards and measurable outcomes for the board to adopt by rule 1352 |
|---|
| 2014 | | - | in order to facilitate efficient and cost -effective regulation. 1353 |
|---|
| 2015 | | - | Section 35. For the purpose of incorporating the amendment 1354 |
|---|
| 2016 | | - | made by this act to section 768.28, Florida Statu tes, in a 1355 |
|---|
| 2017 | | - | reference thereto, paragraph (b) of subsection (11) of section 1356 |
|---|
| 2018 | | - | 472.006, Florida Statutes, is reenacted to read: 1357 |
|---|
| 2019 | | - | 472.006 Department; powers and duties. —The department 1358 |
|---|
| 2020 | | - | shall: 1359 |
|---|
| 2021 | | - | (11) Provide legal counsel for the board by contracting 1360 |
|---|
| 2022 | | - | with the Department of Legal Affairs, by retaining private 1361 |
|---|
| 2023 | | - | counsel pursuant to s. 287.059, or by providing department staff 1362 |
|---|
| 2024 | | - | counsel. The board shall periodically review and evaluate the 1363 |
|---|
| 2025 | | - | services provided by its board counsel. Fees and costs of such 1364 |
|---|
| 2026 | | - | counsel shall be pai d from the General Inspection Trust Fund, 1365 |
|---|
| 2027 | | - | subject to ss. 215.37 and 472.011. All contracts for independent 1366 |
|---|
| 2028 | | - | legal counsel must provide for periodic review and evaluation by 1367 |
|---|
| 2029 | | - | the board and the department of services provided. 1368 |
|---|
| 2030 | | - | (b) Any person retained by the department under contract 1369 |
|---|
| 2031 | | - | to review materials, make site visits, or provide expert 1370 |
|---|
| 2032 | | - | testimony regarding any complaint or application filed with the 1371 |
|---|
| 2033 | | - | department relating to the practice of surveying and mapping 1372 |
|---|
| 2034 | | - | shall be considered an agent of the department i n determining 1373 |
|---|
| 2035 | | - | the state insurance coverage and sovereign immunity protection 1374 |
|---|
| 2036 | | - | applicability of ss. 284.31 and 768.28. 1375 |
|---|
| 2037 | | - | |
|---|
| 2038 | | - | CS/HB 301 2025 |
|---|
| 2039 | | - | |
|---|
| 2040 | | - | |
|---|
| 2041 | | - | |
|---|
| 2042 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2043 | | - | hb301-01-c1 |
|---|
| 2012 | + | actions taken by the board. 1351 |
|---|
| 2013 | + | (n) Develop and submit to the department, performance 1352 |
|---|
| 2014 | + | standards and measurable outcomes for the board to adopt by rule 1353 |
|---|
| 2015 | + | in order to facilitate efficient and cost -effective regulation. 1354 |
|---|
| 2016 | + | Section 35. For the purpose of incorporating the amendment 1355 |
|---|
| 2017 | + | made by this act to section 768.28, Florida Statutes, in a 1356 |
|---|
| 2018 | + | reference thereto, paragraph (b) of subsection (11) of section 1357 |
|---|
| 2019 | + | 472.006, Florida Statutes, is reenacted to read: 1358 |
|---|
| 2020 | + | 472.006 Department; powers a nd duties.—The department 1359 |
|---|
| 2021 | + | shall: 1360 |
|---|
| 2022 | + | (11) Provide legal counsel for the board by contracting 1361 |
|---|
| 2023 | + | with the Department of Legal Affairs, by retaining private 1362 |
|---|
| 2024 | + | counsel pursuant to s. 287.059, or by providing department staff 1363 |
|---|
| 2025 | + | counsel. The board shall periodically rev iew and evaluate the 1364 |
|---|
| 2026 | + | services provided by its board counsel. Fees and costs of such 1365 |
|---|
| 2027 | + | counsel shall be paid from the General Inspection Trust Fund, 1366 |
|---|
| 2028 | + | subject to ss. 215.37 and 472.011. All contracts for independent 1367 |
|---|
| 2029 | + | legal counsel must provide for periodic revie w and evaluation by 1368 |
|---|
| 2030 | + | the board and the department of services provided. 1369 |
|---|
| 2031 | + | (b) Any person retained by the department under contract 1370 |
|---|
| 2032 | + | to review materials, make site visits, or provide expert 1371 |
|---|
| 2033 | + | testimony regarding any complaint or application filed with the 1372 |
|---|
| 2034 | + | department relating to the practice of surveying and mapping 1373 |
|---|
| 2035 | + | shall be considered an agent of the department in determining 1374 |
|---|
| 2036 | + | the state insurance coverage and sovereign immunity protection 1375 |
|---|
| 2037 | + | |
|---|
| 2038 | + | HB 301 2025 |
|---|
| 2039 | + | |
|---|
| 2040 | + | |
|---|
| 2041 | + | |
|---|
| 2042 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2043 | + | hb301-00 |
|---|
| 2049 | | - | Section 36. For the purpose of incorporating the amendment 1376 |
|---|
| 2050 | | - | made by this act to section 768.28, Florida Statutes, in a 1377 |
|---|
| 2051 | | - | reference thereto, subsection (7) of section 497.167, Florida 1378 |
|---|
| 2052 | | - | Statutes, is reenacted to read: 1379 |
|---|
| 2053 | | - | 497.167 Administrative matters. — 1380 |
|---|
| 2054 | | - | (7) Any person retained by the department under contract 1381 |
|---|
| 2055 | | - | to review materials, make site visits, or provide expert 1382 |
|---|
| 2056 | | - | testimony regarding any comp laint or application filed with the 1383 |
|---|
| 2057 | | - | department, relating to regulation under this chapter, shall be 1384 |
|---|
| 2058 | | - | considered an agent of the department in determining the state 1385 |
|---|
| 2059 | | - | insurance coverage and sovereign immunity protection 1386 |
|---|
| 2060 | | - | applicability of ss. 284.31 and 768.28. 1387 |
|---|
| 2061 | | - | Section 37. For the purpose of incorporating the amendment 1388 |
|---|
| 2062 | | - | made by this act to section 768.28, Florida Statutes, in a 1389 |
|---|
| 2063 | | - | reference thereto, subsection (2) of section 513.118, Florida 1390 |
|---|
| 2064 | | - | Statutes, is reenacted to read: 1391 |
|---|
| 2065 | | - | 513.118 Conduct on premises; refusal o f service.— 1392 |
|---|
| 2066 | | - | (2) The operator of a recreational vehicle park may 1393 |
|---|
| 2067 | | - | request that a transient guest or visitor who violates 1394 |
|---|
| 2068 | | - | subsection (1) leave the premises immediately. A person who 1395 |
|---|
| 2069 | | - | refuses to leave the premises commits the offense of trespass as 1396 |
|---|
| 2070 | | - | provided in s. 810.08, and the operator may call a law 1397 |
|---|
| 2071 | | - | enforcement officer to have the person and his or her property 1398 |
|---|
| 2072 | | - | removed under the supervision of the officer. A law enforcement 1399 |
|---|
| 2073 | | - | officer is not liable for any claim involving the removal of the 1400 |
|---|
| 2074 | | - | |
|---|
| 2075 | | - | CS/HB 301 2025 |
|---|
| 2076 | | - | |
|---|
| 2077 | | - | |
|---|
| 2078 | | - | |
|---|
| 2079 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2080 | | - | hb301-01-c1 |
|---|
| 2049 | + | applicability of ss. 284.31 and 768.28. 1376 |
|---|
| 2050 | + | Section 36. For the purpose of incorporating the amendment 1377 |
|---|
| 2051 | + | made by this act to section 768.28, Florida Statutes, in a 1378 |
|---|
| 2052 | + | reference thereto, subsection (7) of section 497.167, Florida 1379 |
|---|
| 2053 | + | Statutes, is reenacted to read: 1380 |
|---|
| 2054 | + | 497.167 Administrative matters. — 1381 |
|---|
| 2055 | + | (7) Any person retained by the departm ent under contract 1382 |
|---|
| 2056 | + | to review materials, make site visits, or provide expert 1383 |
|---|
| 2057 | + | testimony regarding any complaint or application filed with the 1384 |
|---|
| 2058 | + | department, relating to regulation under this chapter, shall be 1385 |
|---|
| 2059 | + | considered an agent of the department in determining the state 1386 |
|---|
| 2060 | + | insurance coverage and sovereign immunity protection 1387 |
|---|
| 2061 | + | applicability of ss. 284.31 and 768.28. 1388 |
|---|
| 2062 | + | Section 37. For the purpose of incorporating the amendment 1389 |
|---|
| 2063 | + | made by this act to section 768.28, Florida Statutes, in a 1390 |
|---|
| 2064 | + | reference thereto, subsection (2) of section 513.118, Florida 1391 |
|---|
| 2065 | + | Statutes, is reenacted to read: 1392 |
|---|
| 2066 | + | 513.118 Conduct on premises; refusal of service. — 1393 |
|---|
| 2067 | + | (2) The operator of a recreational vehicle park may 1394 |
|---|
| 2068 | + | request that a transient guest or visitor who violates 1395 |
|---|
| 2069 | + | subsection (1) leave the premis es immediately. A person who 1396 |
|---|
| 2070 | + | refuses to leave the premises commits the offense of trespass as 1397 |
|---|
| 2071 | + | provided in s. 810.08, and the operator may call a law 1398 |
|---|
| 2072 | + | enforcement officer to have the person and his or her property 1399 |
|---|
| 2073 | + | removed under the supervision of the officer . A law enforcement 1400 |
|---|
| 2074 | + | |
|---|
| 2075 | + | HB 301 2025 |
|---|
| 2076 | + | |
|---|
| 2077 | + | |
|---|
| 2078 | + | |
|---|
| 2079 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2080 | + | hb301-00 |
|---|
| 2086 | | - | person or property from the recreational vehicle park under this 1401 |
|---|
| 2087 | | - | section, except as provided in s. 768.28. If conditions do not 1402 |
|---|
| 2088 | | - | allow for immediate removal of the person's property, he or she 1403 |
|---|
| 2089 | | - | may arrange a reasonable time, not to exceed 48 hours, with the 1404 |
|---|
| 2090 | | - | operator to come remove the property, accompanied by a law 1405 |
|---|
| 2091 | | - | enforcement officer. 1406 |
|---|
| 2092 | | - | Section 38. For the purpose of incorporating the amendment 1407 |
|---|
| 2093 | | - | made by this act to section 768.28, Florida Statutes, in a 1408 |
|---|
| 2094 | | - | reference thereto, subsection (1) of section 548.046, Florida 1409 |
|---|
| 2095 | | - | Statutes, is reenacted to read: 1410 |
|---|
| 2096 | | - | 548.046 Physician's attendance at match; examinations; 1411 |
|---|
| 2097 | | - | cancellation of match. — 1412 |
|---|
| 2098 | | - | (1) The commission, or the commission representative, 1413 |
|---|
| 2099 | | - | shall assign to each match at least one physician who shall 1414 |
|---|
| 2100 | | - | observe the physical condition of the participants and advise 1415 |
|---|
| 2101 | | - | the commissioner or commission representative in charge and the 1416 |
|---|
| 2102 | | - | referee of the participants' conditions before, during, and 1417 |
|---|
| 2103 | | - | after the match. The commission shall establish a schedule of 1418 |
|---|
| 2104 | | - | fees for the physician's services. The physici an's fee shall be 1419 |
|---|
| 2105 | | - | paid by the promoter of the match attended by the physician. The 1420 |
|---|
| 2106 | | - | physician shall be considered an agent of the commission in 1421 |
|---|
| 2107 | | - | determining the state insurance coverage and sovereign immunity 1422 |
|---|
| 2108 | | - | protection applicability of ss. 284.31 and 768.28 . 1423 |
|---|
| 2109 | | - | Section 39. For the purpose of incorporating the amendment 1424 |
|---|
| 2110 | | - | made by this act to section 768.28, Florida Statutes, in a 1425 |
|---|
| 2111 | | - | |
|---|
| 2112 | | - | CS/HB 301 2025 |
|---|
| 2113 | | - | |
|---|
| 2114 | | - | |
|---|
| 2115 | | - | |
|---|
| 2116 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2117 | | - | hb301-01-c1 |
|---|
| 2086 | + | officer is not liable for any claim involving the removal of the 1401 |
|---|
| 2087 | + | person or property from the recreational vehicle park under this 1402 |
|---|
| 2088 | + | section, except as provided in s. 768.28. If conditions do not 1403 |
|---|
| 2089 | + | allow for immediate removal of the person's property, he or she 1404 |
|---|
| 2090 | + | may arrange a reasonable time, not to exceed 48 hours, with the 1405 |
|---|
| 2091 | + | operator to come remove the property, accompanied by a law 1406 |
|---|
| 2092 | + | enforcement officer. 1407 |
|---|
| 2093 | + | Section 38. For the purpose of incorporating the amendment 1408 |
|---|
| 2094 | + | made by this act to section 768.28, Florida Statutes, in a 1409 |
|---|
| 2095 | + | reference thereto, subsection (1) of section 548.046, Florida 1410 |
|---|
| 2096 | + | Statutes, is reenacted to read: 1411 |
|---|
| 2097 | + | 548.046 Physician's attendance at match; examinations; 1412 |
|---|
| 2098 | + | cancellation of match. — 1413 |
|---|
| 2099 | + | (1) The commission, or the commission representa tive, 1414 |
|---|
| 2100 | + | shall assign to each match at least one physician who shall 1415 |
|---|
| 2101 | + | observe the physical condition of the participants and advise 1416 |
|---|
| 2102 | + | the commissioner or commission representative in charge and the 1417 |
|---|
| 2103 | + | referee of the participants' conditions before, during, and 1418 |
|---|
| 2104 | + | after the match. The commission shall establish a schedule of 1419 |
|---|
| 2105 | + | fees for the physician's services. The physician's fee shall be 1420 |
|---|
| 2106 | + | paid by the promoter of the match attended by the physician. The 1421 |
|---|
| 2107 | + | physician shall be considered an agent of the commission in 1422 |
|---|
| 2108 | + | determining the state insurance coverage and sovereign immunity 1423 |
|---|
| 2109 | + | protection applicability of ss. 284.31 and 768.28. 1424 |
|---|
| 2110 | + | Section 39. For the purpose of incorporating the amendment 1425 |
|---|
| 2111 | + | |
|---|
| 2112 | + | HB 301 2025 |
|---|
| 2113 | + | |
|---|
| 2114 | + | |
|---|
| 2115 | + | |
|---|
| 2116 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2117 | + | hb301-00 |
|---|
| 2123 | | - | reference thereto, subsection (8) of section 556.106, Florida 1426 |
|---|
| 2124 | | - | Statutes, is reenacted to read: 1427 |
|---|
| 2125 | | - | 556.106 Liability of the member oper ator, excavator, and 1428 |
|---|
| 2126 | | - | system.— 1429 |
|---|
| 2127 | | - | (8) Any liability of the state, its agencies, or its 1430 |
|---|
| 2128 | | - | subdivisions which arises out of this chapter is subject to the 1431 |
|---|
| 2129 | | - | provisions of s. 768.28. 1432 |
|---|
| 2130 | | - | Section 40. For the purpose of incorporating the amendment 1433 |
|---|
| 2131 | | - | made by this act to section 768.28, Florida Statutes, in a 1434 |
|---|
| 2132 | | - | reference thereto, paragraph (e) of subsection (4) of section 1435 |
|---|
| 2133 | | - | 589.19, Florida Statutes, is reenacted to read: 1436 |
|---|
| 2134 | | - | 589.19 Creation of certain state forests; naming of 1437 |
|---|
| 2135 | | - | certain state forests; Operation Outdoor Freedom Pro gram.— 1438 |
|---|
| 2136 | | - | (4) 1439 |
|---|
| 2137 | | - | (e)1. A private landowner who provides land for 1440 |
|---|
| 2138 | | - | designation and use as an Operation Outdoor Freedom Program 1441 |
|---|
| 2139 | | - | hunting site shall have limited liability pursuant to s. 1442 |
|---|
| 2140 | | - | 375.251. 1443 |
|---|
| 2141 | | - | 2. A private landowner who consents to the designation and 1444 |
|---|
| 2142 | | - | use of land as part of the Operation Outdoor Freedom Program 1445 |
|---|
| 2143 | | - | without compensation shall be considered a volunteer, as defined 1446 |
|---|
| 2144 | | - | in s. 110.501, and shall be covered by state liability 1447 |
|---|
| 2145 | | - | protection pursuant to s. 768.28, including s. 768.28(9). 1448 |
|---|
| 2146 | | - | 3. This subsection doe s not: 1449 |
|---|
| 2147 | | - | a. Relieve any person of liability that would otherwise 1450 |
|---|
| 2148 | | - | |
|---|
| 2149 | | - | CS/HB 301 2025 |
|---|
| 2150 | | - | |
|---|
| 2151 | | - | |
|---|
| 2152 | | - | |
|---|
| 2153 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2154 | | - | hb301-01-c1 |
|---|
| 2123 | + | made by this act to section 768.28, Florida Statutes, in a 1426 |
|---|
| 2124 | + | reference thereto, subsectio n (8) of section 556.106, Florida 1427 |
|---|
| 2125 | + | Statutes, is reenacted to read: 1428 |
|---|
| 2126 | + | 556.106 Liability of the member operator, excavator, and 1429 |
|---|
| 2127 | + | system.— 1430 |
|---|
| 2128 | + | (8) Any liability of the state, its agencies, or its 1431 |
|---|
| 2129 | + | subdivisions which arises out of this chapter is subject to the 1432 |
|---|
| 2130 | + | provisions of s. 768.28. 1433 |
|---|
| 2131 | + | Section 40. For the purpose of incorporating the amendment 1434 |
|---|
| 2132 | + | made by this act to section 768.28, Florida Statutes, in a 1435 |
|---|
| 2133 | + | reference thereto, paragraph (e) of subsection (4) of section 1436 |
|---|
| 2134 | + | 589.19, Florida Statutes, is reenacted to read: 1437 |
|---|
| 2135 | + | 589.19 Creation of certain state forests; naming of 1438 |
|---|
| 2136 | + | certain state forests; Operation Outdoor Freedom Program. — 1439 |
|---|
| 2137 | + | (4) 1440 |
|---|
| 2138 | + | (e)1. A private landowner who provides land for 1441 |
|---|
| 2139 | + | designation and use as an Operation Outdoor Freedom Program 1442 |
|---|
| 2140 | + | hunting site shall have limite d liability pursuant to s. 1443 |
|---|
| 2141 | + | 375.251. 1444 |
|---|
| 2142 | + | 2. A private landowner who consents to the designation and 1445 |
|---|
| 2143 | + | use of land as part of the Operation Outdoor Freedom Program 1446 |
|---|
| 2144 | + | without compensation shall be considered a volunteer, as defined 1447 |
|---|
| 2145 | + | in s. 110.501, and shall be cover ed by state liability 1448 |
|---|
| 2146 | + | protection pursuant to s. 768.28, including s. 768.28(9). 1449 |
|---|
| 2147 | + | 3. This subsection does not: 1450 |
|---|
| 2148 | + | |
|---|
| 2149 | + | HB 301 2025 |
|---|
| 2150 | + | |
|---|
| 2151 | + | |
|---|
| 2152 | + | |
|---|
| 2153 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2154 | + | hb301-00 |
|---|
| 2160 | | - | exist for deliberate, willful, or malicious injury to persons or 1451 |
|---|
| 2161 | | - | property. 1452 |
|---|
| 2162 | | - | b. Create or increase the liability of any person. 1453 |
|---|
| 2163 | | - | Section 41. For the purpose of incorporating the amendment 1454 |
|---|
| 2164 | | - | made by this act to section 768.28, Florida Statutes, in a 1455 |
|---|
| 2165 | | - | reference thereto, subsections (3) and (4) of section 627.7491, 1456 |
|---|
| 2166 | | - | Florida Statutes, are reenacted to read: 1457 |
|---|
| 2167 | | - | 627.7491 Official law enforcement vehicles; motor vehicle 1458 |
|---|
| 2168 | | - | insurance requirements. — 1459 |
|---|
| 2169 | | - | (3) Any suit or action brought or maintained against an 1460 |
|---|
| 2170 | | - | employing agency for damages arising out of tort pursuant to 1461 |
|---|
| 2171 | | - | this section, including, without limitation, any claim arising 1462 |
|---|
| 2172 | | - | upon account of an act causing loss of property, personal 1463 |
|---|
| 2173 | | - | injury, or death, shal l be subject to the limitations provided 1464 |
|---|
| 2174 | | - | in s. 768.28(5). 1465 |
|---|
| 2175 | | - | (4) The requirements of this section may be met by any 1466 |
|---|
| 2176 | | - | method authorized by s. 768.28(16). 1467 |
|---|
| 2177 | | - | Section 42. For the purpose of incorporating the amendment 1468 |
|---|
| 2178 | | - | made by this act to section 768.28, Florid a Statutes, in a 1469 |
|---|
| 2179 | | - | reference thereto, paragraph (c) of subsection (2) of section 1470 |
|---|
| 2180 | | - | 723.0611, Florida Statutes, is reenacted to read: 1471 |
|---|
| 2181 | | - | 723.0611 Florida Mobile Home Relocation Corporation. — 1472 |
|---|
| 2182 | | - | (2) 1473 |
|---|
| 2183 | | - | (c) The corporation shall, for purposes of s. 768.28, be 1474 |
|---|
| 2184 | | - | considered an agency of the state. Agents or employees of the 1475 |
|---|
| 2185 | | - | |
|---|
| 2186 | | - | CS/HB 301 2025 |
|---|
| 2187 | | - | |
|---|
| 2188 | | - | |
|---|
| 2189 | | - | |
|---|
| 2190 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2191 | | - | hb301-01-c1 |
|---|
| 2160 | + | a. Relieve any person of liability that would otherwise 1451 |
|---|
| 2161 | + | exist for deliberate, willful, or malicious injury to persons or 1452 |
|---|
| 2162 | + | property. 1453 |
|---|
| 2163 | + | b. Create or increase the liability of any person. 1454 |
|---|
| 2164 | + | Section 41. For the purpose of incorporating the amendment 1455 |
|---|
| 2165 | + | made by this act to section 768.28, Florida Statutes, in a 1456 |
|---|
| 2166 | + | reference thereto, subsections (3) and (4) of section 627.7491, 1457 |
|---|
| 2167 | + | Florida Statutes, are reenact ed to read: 1458 |
|---|
| 2168 | + | 627.7491 Official law enforcement vehicles; motor vehicle 1459 |
|---|
| 2169 | + | insurance requirements. — 1460 |
|---|
| 2170 | + | (3) Any suit or action brought or maintained against an 1461 |
|---|
| 2171 | + | employing agency for damages arising out of tort pursuant to 1462 |
|---|
| 2172 | + | this section, including, without limitation, any claim arising 1463 |
|---|
| 2173 | + | upon account of an act causing loss of property, personal 1464 |
|---|
| 2174 | + | injury, or death, shall be subject to the limitations provided 1465 |
|---|
| 2175 | + | in s. 768.28(5). 1466 |
|---|
| 2176 | + | (4) The requirements of this section may be met by any 1467 |
|---|
| 2177 | + | method authorized by s. 768.28( 16). 1468 |
|---|
| 2178 | + | Section 42. For the purpose of incorporating the amendment 1469 |
|---|
| 2179 | + | made by this act to section 768.28, Florida Statutes, in a 1470 |
|---|
| 2180 | + | reference thereto, paragraph (c) of subsection (2) of section 1471 |
|---|
| 2181 | + | 723.0611, Florida Statutes, is reenacted to read: 1472 |
|---|
| 2182 | + | 723.0611 Florida Mobile Home Relocation Corporation. — 1473 |
|---|
| 2183 | + | (2) 1474 |
|---|
| 2184 | + | (c) The corporation shall, for purposes of s. 768.28, be 1475 |
|---|
| 2185 | + | |
|---|
| 2186 | + | HB 301 2025 |
|---|
| 2187 | + | |
|---|
| 2188 | + | |
|---|
| 2189 | + | |
|---|
| 2190 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2191 | + | hb301-00 |
|---|
| 2197 | | - | corporation, members of the board of directors of the 1476 |
|---|
| 2198 | | - | corporation, or representatives of the Division of Florida 1477 |
|---|
| 2199 | | - | Condominiums, Timeshares, and Mobile Homes shall be considered 1478 |
|---|
| 2200 | | - | officers, employees, or a gents of the state, and actions against 1479 |
|---|
| 2201 | | - | them and the corporation shall be governed by s. 768.28. 1480 |
|---|
| 2202 | | - | Section 43. For the purpose of incorporating the amendment 1481 |
|---|
| 2203 | | - | made by this act to section 768.28, Florida Statutes, in a 1482 |
|---|
| 2204 | | - | reference thereto, subsection (5) of section 760.11, Florida 1483 |
|---|
| 2205 | | - | Statutes, is reenacted to read: 1484 |
|---|
| 2206 | | - | 760.11 Administrative and civil remedies; construction. — 1485 |
|---|
| 2207 | | - | (5) In any civil action brought under this section, the 1486 |
|---|
| 2208 | | - | court may issue an order prohibiting the discriminatory practice 1487 |
|---|
| 2209 | | - | and providing affirmative relief from the effects of the 1488 |
|---|
| 2210 | | - | practice, including back pay. The court may also award 1489 |
|---|
| 2211 | | - | compensatory damages, including, but not limited to, damages for 1490 |
|---|
| 2212 | | - | mental anguish, loss of dignity, and any other intangible 1491 |
|---|
| 2213 | | - | injuries, and punitive damages. The pro visions of ss. 768.72 and 1492 |
|---|
| 2214 | | - | 768.73 do not apply to this section. The judgment for the total 1493 |
|---|
| 2215 | | - | amount of punitive damages awarded under this section to an 1494 |
|---|
| 2216 | | - | aggrieved person shall not exceed $100,000. In any action or 1495 |
|---|
| 2217 | | - | proceeding under this subsection, the court, in its discretion, 1496 |
|---|
| 2218 | | - | may allow the prevailing party a reasonable attorney's fee as 1497 |
|---|
| 2219 | | - | part of the costs. It is the intent of the Legislature that this 1498 |
|---|
| 2220 | | - | provision for attorney's fees be interpreted in a manner 1499 |
|---|
| 2221 | | - | consistent with federal case law involving a Title VI I action. 1500 |
|---|
| 2222 | | - | |
|---|
| 2223 | | - | CS/HB 301 2025 |
|---|
| 2224 | | - | |
|---|
| 2225 | | - | |
|---|
| 2226 | | - | |
|---|
| 2227 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2228 | | - | hb301-01-c1 |
|---|
| 2197 | + | considered an agency of the state. Agents or employees of the 1476 |
|---|
| 2198 | + | corporation, members of the board of directors of the 1477 |
|---|
| 2199 | + | corporation, or representatives of th e Division of Florida 1478 |
|---|
| 2200 | + | Condominiums, Timeshares, and Mobile Homes shall be considered 1479 |
|---|
| 2201 | + | officers, employees, or agents of the state, and actions against 1480 |
|---|
| 2202 | + | them and the corporation shall be governed by s. 768.28. 1481 |
|---|
| 2203 | + | Section 43. For the purpose of incorporating the amendment 1482 |
|---|
| 2204 | + | made by this act to section 768.28, Florida Statutes, in a 1483 |
|---|
| 2205 | + | reference thereto, subsection (5) of section 760.11, Florida 1484 |
|---|
| 2206 | + | Statutes, is reenacted to read: 1485 |
|---|
| 2207 | + | 760.11 Administrative and civil remedies; construction. — 1486 |
|---|
| 2208 | + | (5) In any civil action broug ht under this section, the 1487 |
|---|
| 2209 | + | court may issue an order prohibiting the discriminatory practice 1488 |
|---|
| 2210 | + | and providing affirmative relief from the effects of the 1489 |
|---|
| 2211 | + | practice, including back pay. The court may also award 1490 |
|---|
| 2212 | + | compensatory damages, including, but not limited to, damages for 1491 |
|---|
| 2213 | + | mental anguish, loss of dignity, and any other intangible 1492 |
|---|
| 2214 | + | injuries, and punitive damages. The provisions of ss. 768.72 and 1493 |
|---|
| 2215 | + | 768.73 do not apply to this section. The judgment for the total 1494 |
|---|
| 2216 | + | amount of punitive damages awarded under this section to an 1495 |
|---|
| 2217 | + | aggrieved person shall not exceed $100,000. In any action or 1496 |
|---|
| 2218 | + | proceeding under this subsection, the court, in its discretion, 1497 |
|---|
| 2219 | + | may allow the prevailing party a reasonable attorney's fee as 1498 |
|---|
| 2220 | + | part of the costs. It is the intent of the Legislature that this 1499 |
|---|
| 2221 | + | provision for attorney's fees be interpreted in a manner 1500 |
|---|
| 2222 | + | |
|---|
| 2223 | + | HB 301 2025 |
|---|
| 2224 | + | |
|---|
| 2225 | + | |
|---|
| 2226 | + | |
|---|
| 2227 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2228 | + | hb301-00 |
|---|
| 2234 | | - | The right to trial by jury is preserved in any such private 1501 |
|---|
| 2235 | | - | right of action in which the aggrieved person is seeking 1502 |
|---|
| 2236 | | - | compensatory or punitive damages, and any party may demand a 1503 |
|---|
| 2237 | | - | trial by jury. The commission's determination of reasonable 1504 |
|---|
| 2238 | | - | cause is not admissible into evidence in any civil proceeding, 1505 |
|---|
| 2239 | | - | including any hearing or trial, except to establish for the 1506 |
|---|
| 2240 | | - | court the right to maintain the private right of action. A civil 1507 |
|---|
| 2241 | | - | action brought under this section shall be commenced no later 1508 |
|---|
| 2242 | | - | than 1 year after the date of determination of reasonable cause 1509 |
|---|
| 2243 | | - | by the commission. The commencement of such action shall divest 1510 |
|---|
| 2244 | | - | the commission of jurisdiction of the complaint, except that the 1511 |
|---|
| 2245 | | - | commission may intervene in the civil action as a matter of 1512 |
|---|
| 2246 | | - | right. Notwithstanding the above, the state and its agencies and 1513 |
|---|
| 2247 | | - | subdivisions shall not be liable for punitive damages. The total 1514 |
|---|
| 2248 | | - | amount of recovery against the state and its agencies and 1515 |
|---|
| 2249 | | - | subdivisions shall not exceed the limitation as set forth in s. 1516 |
|---|
| 2250 | | - | 768.28(5). 1517 |
|---|
| 2251 | | - | Section 44. For the purpose of incorporating the amendment 1518 |
|---|
| 2252 | | - | made by this act to section 768.28, Florida Statutes, in a 1519 |
|---|
| 2253 | | - | reference thereto, subsection (4) of section 766.1115, Florida 1520 |
|---|
| 2254 | | - | Statutes, is reenacted to read: 1521 |
|---|
| 2255 | | - | 766.1115 Health care providers; creation of age ncy 1522 |
|---|
| 2256 | | - | relationship with governmental contractors. — 1523 |
|---|
| 2257 | | - | (4) CONTRACT REQUIREMENTS. —A health care provider that 1524 |
|---|
| 2258 | | - | executes a contract with a governmental contractor to deliver 1525 |
|---|
| 2259 | | - | |
|---|
| 2260 | | - | CS/HB 301 2025 |
|---|
| 2261 | | - | |
|---|
| 2262 | | - | |
|---|
| 2263 | | - | |
|---|
| 2264 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2265 | | - | hb301-01-c1 |
|---|
| 2234 | + | consistent with federal case law involving a Title VII action. 1501 |
|---|
| 2235 | + | The right to trial by jury is preserved in any such private 1502 |
|---|
| 2236 | + | right of action in which the aggrieved person is seeking 1503 |
|---|
| 2237 | + | compensatory or punitive damages, and any party may demand a 1504 |
|---|
| 2238 | + | trial by jury. The commission's determination of reasonable 1505 |
|---|
| 2239 | + | cause is not admissible into evidence in any civil proceeding, 1506 |
|---|
| 2240 | + | including any hearing or trial, except to establish for the 1507 |
|---|
| 2241 | + | court the right to maintain the private right of action. A civil 1508 |
|---|
| 2242 | + | action brought under this section shall be commenced no later 1509 |
|---|
| 2243 | + | than 1 year after the date of determination of reasonable cause 1510 |
|---|
| 2244 | + | by the commission. The commencement of such action shall divest 1511 |
|---|
| 2245 | + | the commission of jurisdiction o f the complaint, except that the 1512 |
|---|
| 2246 | + | commission may intervene in the civil action as a matter of 1513 |
|---|
| 2247 | + | right. Notwithstanding the above, the state and its agencies and 1514 |
|---|
| 2248 | + | subdivisions shall not be liable for punitive damages. The total 1515 |
|---|
| 2249 | + | amount of recovery against the st ate and its agencies and 1516 |
|---|
| 2250 | + | subdivisions shall not exceed the limitation as set forth in s. 1517 |
|---|
| 2251 | + | 768.28(5). 1518 |
|---|
| 2252 | + | Section 44. For the purpose of incorporating the amendment 1519 |
|---|
| 2253 | + | made by this act to section 768.28, Florida Statutes, in a 1520 |
|---|
| 2254 | + | reference thereto, subsection (4) of section 766.1115, Florida 1521 |
|---|
| 2255 | + | Statutes, is reenacted to read: 1522 |
|---|
| 2256 | + | 766.1115 Health care providers; creation of agency 1523 |
|---|
| 2257 | + | relationship with governmental contractors. — 1524 |
|---|
| 2258 | + | (4) CONTRACT REQUIREMENTS. —A health care provider that 1525 |
|---|
| 2259 | + | |
|---|
| 2260 | + | HB 301 2025 |
|---|
| 2261 | + | |
|---|
| 2262 | + | |
|---|
| 2263 | + | |
|---|
| 2264 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2265 | + | hb301-00 |
|---|
| 2271 | | - | health care services on or after April 17, 1992, as an agent of 1526 |
|---|
| 2272 | | - | the governmental contrac tor is an agent for purposes of s. 1527 |
|---|
| 2273 | | - | 768.28(9), while acting within the scope of duties under the 1528 |
|---|
| 2274 | | - | contract, if the contract complies with the requirements of this 1529 |
|---|
| 2275 | | - | section and regardless of whether the individual treated is 1530 |
|---|
| 2276 | | - | later found to be ineligible. A hea lth care provider shall 1531 |
|---|
| 2277 | | - | continue to be an agent for purposes of s. 768.28(9) for 30 days 1532 |
|---|
| 2278 | | - | after a determination of ineligibility to allow for treatment 1533 |
|---|
| 2279 | | - | until the individual transitions to treatment by another health 1534 |
|---|
| 2280 | | - | care provider. A health care provider und er contract with the 1535 |
|---|
| 2281 | | - | state may not be named as a defendant in any action arising out 1536 |
|---|
| 2282 | | - | of medical care or treatment provided on or after April 17, 1537 |
|---|
| 2283 | | - | 1992, under contracts entered into under this section. The 1538 |
|---|
| 2284 | | - | contract must provide that: 1539 |
|---|
| 2285 | | - | (a) The right of dismi ssal or termination of any health 1540 |
|---|
| 2286 | | - | care provider delivering services under the contract is retained 1541 |
|---|
| 2287 | | - | by the governmental contractor. 1542 |
|---|
| 2288 | | - | (b) The governmental contractor has access to the patient 1543 |
|---|
| 2289 | | - | records of any health care provider delivering services under 1544 |
|---|
| 2290 | | - | the contract. 1545 |
|---|
| 2291 | | - | (c) Adverse incidents and information on treatment 1546 |
|---|
| 2292 | | - | outcomes must be reported by any health care provider to the 1547 |
|---|
| 2293 | | - | governmental contractor if the incidents and information pertain 1548 |
|---|
| 2294 | | - | to a patient treated under the contract. The health care 1549 |
|---|
| 2295 | | - | provider shall submit the reports required by s. 395.0197. If an 1550 |
|---|
| 2296 | | - | |
|---|
| 2297 | | - | CS/HB 301 2025 |
|---|
| 2298 | | - | |
|---|
| 2299 | | - | |
|---|
| 2300 | | - | |
|---|
| 2301 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2302 | | - | hb301-01-c1 |
|---|
| 2271 | + | executes a contract with a governmental contractor to deliver 1526 |
|---|
| 2272 | + | health care services on or after April 17, 1992, as an agent of 1527 |
|---|
| 2273 | + | the governmental contractor is an agent for purposes of s. 1528 |
|---|
| 2274 | + | 768.28(9), while acting within the scope of duties under the 1529 |
|---|
| 2275 | + | contract, if the contract complies with the requir ements of this 1530 |
|---|
| 2276 | + | section and regardless of whether the individual treated is 1531 |
|---|
| 2277 | + | later found to be ineligible. A health care provider shall 1532 |
|---|
| 2278 | + | continue to be an agent for purposes of s. 768.28(9) for 30 days 1533 |
|---|
| 2279 | + | after a determination of ineligibility to allow for treat ment 1534 |
|---|
| 2280 | + | until the individual transitions to treatment by another health 1535 |
|---|
| 2281 | + | care provider. A health care provider under contract with the 1536 |
|---|
| 2282 | + | state may not be named as a defendant in any action arising out 1537 |
|---|
| 2283 | + | of medical care or treatment provided on or after April 17, 1538 |
|---|
| 2284 | + | 1992, under contracts entered into under this section. The 1539 |
|---|
| 2285 | + | contract must provide that: 1540 |
|---|
| 2286 | + | (a) The right of dismissal or termination of any health 1541 |
|---|
| 2287 | + | care provider delivering services under the contract is retained 1542 |
|---|
| 2288 | + | by the governmental contractor. 1543 |
|---|
| 2289 | + | (b) The governmental contractor has access to the patient 1544 |
|---|
| 2290 | + | records of any health care provider delivering services under 1545 |
|---|
| 2291 | + | the contract. 1546 |
|---|
| 2292 | + | (c) Adverse incidents and information on treatment 1547 |
|---|
| 2293 | + | outcomes must be reported by any health care provider to the 1548 |
|---|
| 2294 | + | governmental contract or if the incidents and information pertain 1549 |
|---|
| 2295 | + | to a patient treated under the contract. The health care 1550 |
|---|
| 2296 | + | |
|---|
| 2297 | + | HB 301 2025 |
|---|
| 2298 | + | |
|---|
| 2299 | + | |
|---|
| 2300 | + | |
|---|
| 2301 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2302 | + | hb301-00 |
|---|
| 2308 | | - | incident involves a professional licensed by the Department of 1551 |
|---|
| 2309 | | - | Health or a facility licensed by the Agency for Health Care 1552 |
|---|
| 2310 | | - | Administration, the governmental contractor shall submit such 1553 |
|---|
| 2311 | | - | incident reports to the appropriate department or agency, which 1554 |
|---|
| 2312 | | - | shall review each incident and determine whether it involves 1555 |
|---|
| 2313 | | - | conduct by the licensee that is subject to disciplinary action. 1556 |
|---|
| 2314 | | - | All patient medical records and any identifying information 1557 |
|---|
| 2315 | | - | contained in adverse i ncident reports and treatment outcomes 1558 |
|---|
| 2316 | | - | which are obtained by governmental entities under this paragraph 1559 |
|---|
| 2317 | | - | are confidential and exempt from the provisions of s. 119.07(1) 1560 |
|---|
| 2318 | | - | and s. 24(a), Art. I of the State Constitution. 1561 |
|---|
| 2319 | | - | (d) Patient selection and initial refe rral must be made by 1562 |
|---|
| 2320 | | - | the governmental contractor or the provider. Patients may not be 1563 |
|---|
| 2321 | | - | transferred to the provider based on a violation of the 1564 |
|---|
| 2322 | | - | antidumping provisions of the Omnibus Budget Reconciliation Act 1565 |
|---|
| 2323 | | - | of 1989, the Omnibus Budget Reconciliation Act of 1990, or 1566 |
|---|
| 2324 | | - | chapter 395. 1567 |
|---|
| 2325 | | - | (e) If emergency care is required, the patient need not be 1568 |
|---|
| 2326 | | - | referred before receiving treatment, but must be referred within 1569 |
|---|
| 2327 | | - | 48 hours after treatment is commenced or within 48 hours after 1570 |
|---|
| 2328 | | - | the patient has the mental capacity to consen t to treatment, 1571 |
|---|
| 2329 | | - | whichever occurs later. 1572 |
|---|
| 2330 | | - | (f) The provider is subject to supervision and regular 1573 |
|---|
| 2331 | | - | inspection by the governmental contractor. 1574 |
|---|
| 2332 | | - | (g) As an agent of the governmental contractor for 1575 |
|---|
| 2333 | | - | |
|---|
| 2334 | | - | CS/HB 301 2025 |
|---|
| 2335 | | - | |
|---|
| 2336 | | - | |
|---|
| 2337 | | - | |
|---|
| 2338 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2339 | | - | hb301-01-c1 |
|---|
| 2308 | + | provider shall submit the reports required by s. 395.0197. If an 1551 |
|---|
| 2309 | + | incident involves a professional licensed by the Department of 1552 |
|---|
| 2310 | + | Health or a facility licens ed by the Agency for Health Care 1553 |
|---|
| 2311 | + | Administration, the governmental contractor shall submit such 1554 |
|---|
| 2312 | + | incident reports to the appropriate department or agency, which 1555 |
|---|
| 2313 | + | shall review each incident and determine whether it involves 1556 |
|---|
| 2314 | + | conduct by the licensee that is subj ect to disciplinary action. 1557 |
|---|
| 2315 | + | All patient medical records and any identifying information 1558 |
|---|
| 2316 | + | contained in adverse incident reports and treatment outcomes 1559 |
|---|
| 2317 | + | which are obtained by governmental entities under this paragraph 1560 |
|---|
| 2318 | + | are confidential and exempt from the provi sions of s. 119.07(1) 1561 |
|---|
| 2319 | + | and s. 24(a), Art. I of the State Constitution. 1562 |
|---|
| 2320 | + | (d) Patient selection and initial referral must be made by 1563 |
|---|
| 2321 | + | the governmental contractor or the provider. Patients may not be 1564 |
|---|
| 2322 | + | transferred to the provider based on a violation of the 1565 |
|---|
| 2323 | + | antidumping provisions of the Omnibus Budget Reconciliation Act 1566 |
|---|
| 2324 | + | of 1989, the Omnibus Budget Reconciliation Act of 1990, or 1567 |
|---|
| 2325 | + | chapter 395. 1568 |
|---|
| 2326 | + | (e) If emergency care is required, the patient need not be 1569 |
|---|
| 2327 | + | referred before receiving treatment, but must be referred withi n 1570 |
|---|
| 2328 | + | 48 hours after treatment is commenced or within 48 hours after 1571 |
|---|
| 2329 | + | the patient has the mental capacity to consent to treatment, 1572 |
|---|
| 2330 | + | whichever occurs later. 1573 |
|---|
| 2331 | + | (f) The provider is subject to supervision and regular 1574 |
|---|
| 2332 | + | inspection by the governmental contractor. 1575 |
|---|
| 2333 | + | |
|---|
| 2334 | + | HB 301 2025 |
|---|
| 2335 | + | |
|---|
| 2336 | + | |
|---|
| 2337 | + | |
|---|
| 2338 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2339 | + | hb301-00 |
|---|
| 2345 | | - | purposes of s. 768.28(9), while acting within the scope of 1576 |
|---|
| 2346 | | - | duties under the contract, a health care provider licensed under 1577 |
|---|
| 2347 | | - | chapter 466 may allow a patient, or a parent or guardian of the 1578 |
|---|
| 2348 | | - | patient, to voluntarily contribute a monetary amount to cover 1579 |
|---|
| 2349 | | - | costs of dental laboratory work related to the services provided 1580 |
|---|
| 2350 | | - | to the patient. This contribution may not exceed the actual cost 1581 |
|---|
| 2351 | | - | of the dental laboratory charges. 1582 |
|---|
| 2352 | | - | 1583 |
|---|
| 2353 | | - | A governmental contractor that is also a health care provider is 1584 |
|---|
| 2354 | | - | not required to enter into a contract under this section with 1585 |
|---|
| 2355 | | - | respect to the health care servic es delivered by its employees. 1586 |
|---|
| 2356 | | - | Section 45. For the purpose of incorporating the amendment 1587 |
|---|
| 2357 | | - | made by this act to section 768.28, Florida Statutes, in a 1588 |
|---|
| 2358 | | - | reference thereto, subsection (2) of section 766.112, Florida 1589 |
|---|
| 2359 | | - | Statutes, is reenacted to read: 1590 |
|---|
| 2360 | | - | 766.112 Comparative fault.— 1591 |
|---|
| 2361 | | - | (2) In an action for damages for personal injury or 1592 |
|---|
| 2362 | | - | wrongful death arising out of medical negligence, whether in 1593 |
|---|
| 2363 | | - | contract or tort, when an apportionment of damages pursuant to 1594 |
|---|
| 2364 | | - | s. 768.81 is attributed to a board of trustees of a state 1595 |
|---|
| 2365 | | - | university, the court shall enter judgment against the board of 1596 |
|---|
| 2366 | | - | trustees on the basis of the board's percentage of fault and not 1597 |
|---|
| 2367 | | - | on the basis of the doctrine of joint and several liability. The 1598 |
|---|
| 2368 | | - | sole remedy available to a claimant to collect a judgment or 1599 |
|---|
| 2369 | | - | settlement against a board of trustees, subject to the 1600 |
|---|
| 2370 | | - | |
|---|
| 2371 | | - | CS/HB 301 2025 |
|---|
| 2372 | | - | |
|---|
| 2373 | | - | |
|---|
| 2374 | | - | |
|---|
| 2375 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2376 | | - | hb301-01-c1 |
|---|
| 2345 | + | (g) As an agent of the governmental contractor for 1576 |
|---|
| 2346 | + | purposes of s. 768.28(9), while acting within the scope of 1577 |
|---|
| 2347 | + | duties under the contract, a health care provider licensed under 1578 |
|---|
| 2348 | + | chapter 466 may allow a patient, or a parent or guardian of the 1579 |
|---|
| 2349 | + | patient, to voluntari ly contribute a monetary amount to cover 1580 |
|---|
| 2350 | + | costs of dental laboratory work related to the services provided 1581 |
|---|
| 2351 | + | to the patient. This contribution may not exceed the actual cost 1582 |
|---|
| 2352 | + | of the dental laboratory charges. 1583 |
|---|
| 2353 | + | 1584 |
|---|
| 2354 | + | A governmental contractor that is also a health ca re provider is 1585 |
|---|
| 2355 | + | not required to enter into a contract under this section with 1586 |
|---|
| 2356 | + | respect to the health care services delivered by its employees. 1587 |
|---|
| 2357 | + | Section 45. For the purpose of incorporating the amendment 1588 |
|---|
| 2358 | + | made by this act to section 768.28, Florida Statutes , in a 1589 |
|---|
| 2359 | + | reference thereto, subsection (2) of section 766.112, Florida 1590 |
|---|
| 2360 | + | Statutes, is reenacted to read: 1591 |
|---|
| 2361 | + | 766.112 Comparative fault. — 1592 |
|---|
| 2362 | + | (2) In an action for damages for personal injury or 1593 |
|---|
| 2363 | + | wrongful death arising out of medical negligence, whether in 1594 |
|---|
| 2364 | + | contract or tort, when an apportionment of damages pursuant to 1595 |
|---|
| 2365 | + | s. 768.81 is attributed to a board of trustees of a state 1596 |
|---|
| 2366 | + | university, the court shall enter judgment against the board of 1597 |
|---|
| 2367 | + | trustees on the basis of the board's percentage of fault and not 1598 |
|---|
| 2368 | + | on the basis of the doctrine of joint and several liability. The 1599 |
|---|
| 2369 | + | sole remedy available to a claimant to collect a judgment or 1600 |
|---|
| 2370 | + | |
|---|
| 2371 | + | HB 301 2025 |
|---|
| 2372 | + | |
|---|
| 2373 | + | |
|---|
| 2374 | + | |
|---|
| 2375 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2376 | + | hb301-00 |
|---|
| 2382 | | - | provisions of this subsection, shall be pursuant to s. 768.28. 1601 |
|---|
| 2383 | | - | Section 46. For the purpose of incorporating the amendment 1602 |
|---|
| 2384 | | - | made by this act to section 768.28, Florida Statutes, in a 1603 |
|---|
| 2385 | | - | reference thereto, subsection (3) of section 768.1355, Florida 1604 |
|---|
| 2386 | | - | Statutes, is reenacted to read: 1605 |
|---|
| 2387 | | - | 768.1355 Florida Volunteer Protection Act. — 1606 |
|---|
| 2388 | | - | (3) Members of elected or appointed boards, councils, and 1607 |
|---|
| 2389 | | - | commissions of the state, counties, municipalities, authorities, 1608 |
|---|
| 2390 | | - | and special districts shall incur no civil liability and shall 1609 |
|---|
| 2391 | | - | have immunity from suit as provided in s. 768.28 for acts or 1610 |
|---|
| 2392 | | - | omissions by members relating to members' conduct of their 1611 |
|---|
| 2393 | | - | official duties. It is the intent of the Legislature to 1612 |
|---|
| 2394 | | - | encourage our best and brightest people to serve on elected and 1613 |
|---|
| 2395 | | - | appointed boards, councils, and commissions. 1614 |
|---|
| 2396 | | - | Section 47. For the purpose of incorporating the amendment 1615 |
|---|
| 2397 | | - | made by this act to section 768.28, Florida Statutes, in a 1616 |
|---|
| 2398 | | - | reference thereto, subsection (7) of section 768 .1382, Florida 1617 |
|---|
| 2399 | | - | Statutes, is reenacted to read: 1618 |
|---|
| 2400 | | - | 768.1382 Streetlights, security lights, and other similar 1619 |
|---|
| 2401 | | - | illumination; limitation on liability. — 1620 |
|---|
| 2402 | | - | (7) In the event that there is any conflict between this 1621 |
|---|
| 2403 | | - | section and s. 768.81, or any other section of the Florida 1622 |
|---|
| 2404 | | - | Statutes, this section shall control. Further, nothing in this 1623 |
|---|
| 2405 | | - | section shall impact or waive any provision of s. 768.28. 1624 |
|---|
| 2406 | | - | Section 48. For the purpose of incorporating the amendment 1625 |
|---|
| 2407 | | - | |
|---|
| 2408 | | - | CS/HB 301 2025 |
|---|
| 2409 | | - | |
|---|
| 2410 | | - | |
|---|
| 2411 | | - | |
|---|
| 2412 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2413 | | - | hb301-01-c1 |
|---|
| 2382 | + | settlement against a board of trustees, subject to the 1601 |
|---|
| 2383 | + | provisions of this subsection, shall be pursuant to s. 768.28. 1602 |
|---|
| 2384 | + | Section 46. For the purp ose of incorporating the amendment 1603 |
|---|
| 2385 | + | made by this act to section 768.28, Florida Statutes, in a 1604 |
|---|
| 2386 | + | reference thereto, subsection (3) of section 768.1355, Florida 1605 |
|---|
| 2387 | + | Statutes, is reenacted to read: 1606 |
|---|
| 2388 | + | 768.1355 Florida Volunteer Protection Act. — 1607 |
|---|
| 2389 | + | (3) Members of elec ted or appointed boards, councils, and 1608 |
|---|
| 2390 | + | commissions of the state, counties, municipalities, authorities, 1609 |
|---|
| 2391 | + | and special districts shall incur no civil liability and shall 1610 |
|---|
| 2392 | + | have immunity from suit as provided in s. 768.28 for acts or 1611 |
|---|
| 2393 | + | omissions by members relatin g to members' conduct of their 1612 |
|---|
| 2394 | + | official duties. It is the intent of the Legislature to 1613 |
|---|
| 2395 | + | encourage our best and brightest people to serve on elected and 1614 |
|---|
| 2396 | + | appointed boards, councils, and commissions. 1615 |
|---|
| 2397 | + | Section 47. For the purpose of incorporating the amendme nt 1616 |
|---|
| 2398 | + | made by this act to section 768.28, Florida Statutes, in a 1617 |
|---|
| 2399 | + | reference thereto, subsection (7) of section 768.1382, Florida 1618 |
|---|
| 2400 | + | Statutes, is reenacted to read: 1619 |
|---|
| 2401 | + | 768.1382 Streetlights, security lights, and other similar 1620 |
|---|
| 2402 | + | illumination; limitation on liability. — 1621 |
|---|
| 2403 | + | (7) In the event that there is any conflict between this 1622 |
|---|
| 2404 | + | section and s. 768.81, or any other section of the Florida 1623 |
|---|
| 2405 | + | Statutes, this section shall control. Further, nothing in this 1624 |
|---|
| 2406 | + | section shall impact or waive any provision of s. 768.28. 1625 |
|---|
| 2407 | + | |
|---|
| 2408 | + | HB 301 2025 |
|---|
| 2409 | + | |
|---|
| 2410 | + | |
|---|
| 2411 | + | |
|---|
| 2412 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2413 | + | hb301-00 |
|---|
| 2419 | | - | made by this act to section 768.28, Florida Statutes, in a 1626 |
|---|
| 2420 | | - | reference thereto, subsection (4) of section 768.295, Florida 1627 |
|---|
| 2421 | | - | Statutes, is reenacted to read: 1628 |
|---|
| 2422 | | - | 768.295 Strategic Lawsuits Against Public Participation 1629 |
|---|
| 2423 | | - | (SLAPP) prohibited.— 1630 |
|---|
| 2424 | | - | (4) A person or entity sued by a governmental entity or 1631 |
|---|
| 2425 | | - | another person in violation o f this section has a right to an 1632 |
|---|
| 2426 | | - | expeditious resolution of a claim that the suit is in violation 1633 |
|---|
| 2427 | | - | of this section. A person or entity may move the court for an 1634 |
|---|
| 2428 | | - | order dismissing the action or granting final judgment in favor 1635 |
|---|
| 2429 | | - | of that person or entity. The per son or entity may file a motion 1636 |
|---|
| 2430 | | - | for summary judgment, together with supplemental affidavits, 1637 |
|---|
| 2431 | | - | seeking a determination that the claimant's or governmental 1638 |
|---|
| 2432 | | - | entity's lawsuit has been brought in violation of this section. 1639 |
|---|
| 2433 | | - | The claimant or governmental entity sha ll thereafter file a 1640 |
|---|
| 2434 | | - | response and any supplemental affidavits. As soon as 1641 |
|---|
| 2435 | | - | practicable, the court shall set a hearing on the motion, which 1642 |
|---|
| 2436 | | - | shall be held at the earliest possible time after the filing of 1643 |
|---|
| 2437 | | - | the claimant's or governmental entity's response. The court may 1644 |
|---|
| 2438 | | - | award, subject to the limitations in s. 768.28, the party sued 1645 |
|---|
| 2439 | | - | by a governmental entity actual damages arising from a 1646 |
|---|
| 2440 | | - | governmental entity's violation of this section. The court shall 1647 |
|---|
| 2441 | | - | award the prevailing party reasonable attorney fees and costs 1648 |
|---|
| 2442 | | - | incurred in connection with a claim that an action was filed in 1649 |
|---|
| 2443 | | - | violation of this section. 1650 |
|---|
| 2444 | | - | |
|---|
| 2445 | | - | CS/HB 301 2025 |
|---|
| 2446 | | - | |
|---|
| 2447 | | - | |
|---|
| 2448 | | - | |
|---|
| 2449 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2450 | | - | hb301-01-c1 |
|---|
| 2419 | + | Section 48. For the purpose of incorporating the amendment 1626 |
|---|
| 2420 | + | made by this act to section 768.28, Florida Statutes, in a 1627 |
|---|
| 2421 | + | reference thereto, subsection (4) of section 768.295, Florida 1628 |
|---|
| 2422 | + | Statutes, is reenacted to read: 1629 |
|---|
| 2423 | + | 768.295 Strategic Lawsuits Against Public Participatio n 1630 |
|---|
| 2424 | + | (SLAPP) prohibited.— 1631 |
|---|
| 2425 | + | (4) A person or entity sued by a governmental entity or 1632 |
|---|
| 2426 | + | another person in violation of this section has a right to an 1633 |
|---|
| 2427 | + | expeditious resolution of a claim that the suit is in violation 1634 |
|---|
| 2428 | + | of this section. A person or entity may move the court for an 1635 |
|---|
| 2429 | + | order dismissing the action or granting final judgment in favor 1636 |
|---|
| 2430 | + | of that person or entity. The person or entity may file a motion 1637 |
|---|
| 2431 | + | for summary judgment, together with supplemental affidavits, 1638 |
|---|
| 2432 | + | seeking a determination that the claimant's or govern mental 1639 |
|---|
| 2433 | + | entity's lawsuit has been brought in violation of this section. 1640 |
|---|
| 2434 | + | The claimant or governmental entity shall thereafter file a 1641 |
|---|
| 2435 | + | response and any supplemental affidavits. As soon as 1642 |
|---|
| 2436 | + | practicable, the court shall set a hearing on the motion, which 1643 |
|---|
| 2437 | + | shall be held at the earliest possible time after the filing of 1644 |
|---|
| 2438 | + | the claimant's or governmental entity's response. The court may 1645 |
|---|
| 2439 | + | award, subject to the limitations in s. 768.28, the party sued 1646 |
|---|
| 2440 | + | by a governmental entity actual damages arising from a 1647 |
|---|
| 2441 | + | governmental entity's violation of this section. The court shall 1648 |
|---|
| 2442 | + | award the prevailing party reasonable attorney fees and costs 1649 |
|---|
| 2443 | + | incurred in connection with a claim that an action was filed in 1650 |
|---|
| 2444 | + | |
|---|
| 2445 | + | HB 301 2025 |
|---|
| 2446 | + | |
|---|
| 2447 | + | |
|---|
| 2448 | + | |
|---|
| 2449 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2450 | + | hb301-00 |
|---|
| 2456 | | - | Section 49. For the purpose of incorporating the amendment 1651 |
|---|
| 2457 | | - | made by this act to section 768.28, Florida Statutes, in a 1652 |
|---|
| 2458 | | - | reference thereto, section 946.5026, Florida Statutes, is 1653 |
|---|
| 2459 | | - | reenacted to read: 1654 |
|---|
| 2460 | | - | 946.5026 Sovereign immunity in tort actions. —The 1655 |
|---|
| 2461 | | - | provisions of s. 768.28 shall be applicable to the corporation 1656 |
|---|
| 2462 | | - | established under this part, which is deemed to be a corporation 1657 |
|---|
| 2463 | | - | primarily acting as an instrumentality of th e state. 1658 |
|---|
| 2464 | | - | Section 50. For the purpose of incorporating the amendment 1659 |
|---|
| 2465 | | - | made by this act to section 768.28, Florida Statutes, in a 1660 |
|---|
| 2466 | | - | reference thereto, Subsection (3) of section 946.514, Florida 1661 |
|---|
| 2467 | | - | Statutes, is reenacted to read: 1662 |
|---|
| 2468 | | - | 946.514 Civil rights of inmat es; inmates not state 1663 |
|---|
| 2469 | | - | employees; liability of corporation for inmate injuries. — 1664 |
|---|
| 2470 | | - | (3) The corporation is liable for inmate injury to the 1665 |
|---|
| 2471 | | - | extent specified in s. 768.28; however, the members of the board 1666 |
|---|
| 2472 | | - | of directors are not individually liable to any inmate for any 1667 |
|---|
| 2473 | | - | injury sustained in any correctional work program operated by 1668 |
|---|
| 2474 | | - | the corporation. 1669 |
|---|
| 2475 | | - | Section 51. For the purpose of incorporating the amendment 1670 |
|---|
| 2476 | | - | made by this act to section 768.28, Florida Statutes, in a 1671 |
|---|
| 2477 | | - | reference thereto, subsection (5), paragraph ( a) of subsection 1672 |
|---|
| 2478 | | - | (6), and subsection (7) of section 961.06, Florida Statutes, are 1673 |
|---|
| 2479 | | - | reenacted to read: 1674 |
|---|
| 2480 | | - | 961.06 Compensation for wrongful incarceration. — 1675 |
|---|
| 2481 | | - | |
|---|
| 2482 | | - | CS/HB 301 2025 |
|---|
| 2483 | | - | |
|---|
| 2484 | | - | |
|---|
| 2485 | | - | |
|---|
| 2486 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2487 | | - | hb301-01-c1 |
|---|
| 2456 | + | violation of this section. 1651 |
|---|
| 2457 | + | Section 49. For the purpose of incorporating the ame ndment 1652 |
|---|
| 2458 | + | made by this act to section 768.28, Florida Statutes, in a 1653 |
|---|
| 2459 | + | reference thereto, section 946.5026, Florida Statutes, is 1654 |
|---|
| 2460 | + | reenacted to read: 1655 |
|---|
| 2461 | + | 946.5026 Sovereign immunity in tort actions. —The 1656 |
|---|
| 2462 | + | provisions of s. 768.28 shall be applicable to the corporation 1657 |
|---|
| 2463 | + | established under this part, which is deemed to be a corporation 1658 |
|---|
| 2464 | + | primarily acting as an instrumentality of the state. 1659 |
|---|
| 2465 | + | Section 50. For the purpose of incorporating the amendment 1660 |
|---|
| 2466 | + | made by this act to section 768.28, Florida Statutes, in a 1661 |
|---|
| 2467 | + | reference thereto, Subsection (3) of section 946.514, Florida 1662 |
|---|
| 2468 | + | Statutes, is reenacted to read: 1663 |
|---|
| 2469 | + | 946.514 Civil rights of inmates; inmates not state 1664 |
|---|
| 2470 | + | employees; liability of corporation for inmate injuries. — 1665 |
|---|
| 2471 | + | (3) The corporation is liable for inmate injury to the 1666 |
|---|
| 2472 | + | extent specified in s. 768.28; however, the members of the board 1667 |
|---|
| 2473 | + | of directors are not individually liable to any inmate for any 1668 |
|---|
| 2474 | + | injury sustained in any correctional work program operated by 1669 |
|---|
| 2475 | + | the corporation. 1670 |
|---|
| 2476 | + | Section 51. For the purpose of incorporating the amend ment 1671 |
|---|
| 2477 | + | made by this act to section 768.28, Florida Statutes, in a 1672 |
|---|
| 2478 | + | reference thereto, subsection (5), paragraph (a) of subsection 1673 |
|---|
| 2479 | + | (6), and subsection (7) of section 961.06, Florida Statutes, are 1674 |
|---|
| 2480 | + | reenacted to read: 1675 |
|---|
| 2481 | + | |
|---|
| 2482 | + | HB 301 2025 |
|---|
| 2483 | + | |
|---|
| 2484 | + | |
|---|
| 2485 | + | |
|---|
| 2486 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2487 | + | hb301-00 |
|---|
| 2493 | | - | (5) Before the department approves the application for 1676 |
|---|
| 2494 | | - | compensation, the wrongfully incarcerated perso n must sign a 1677 |
|---|
| 2495 | | - | release and waiver on behalf of the wrongfully incarcerated 1678 |
|---|
| 2496 | | - | person and his or her heirs, successors, and assigns, forever 1679 |
|---|
| 2497 | | - | releasing the state or any agency, instrumentality, or any 1680 |
|---|
| 2498 | | - | political subdivision thereof, or any other entity subject to s. 1681 |
|---|
| 2499 | | - | 768.28, from all present or future claims that the wrongfully 1682 |
|---|
| 2500 | | - | incarcerated person or his or her heirs, successors, or assigns 1683 |
|---|
| 2501 | | - | may have against such entities arising out of the facts in 1684 |
|---|
| 2502 | | - | connection with the wrongful conviction for which compensation 1685 |
|---|
| 2503 | | - | is being sought under the act. 1686 |
|---|
| 2504 | | - | (6)(a) A wrongfully incarcerated person may not submit an 1687 |
|---|
| 2505 | | - | application for compensation under this act if the person has a 1688 |
|---|
| 2506 | | - | lawsuit pending against the state or any agency, 1689 |
|---|
| 2507 | | - | instrumentality, or any political subdivision thereof, o r any 1690 |
|---|
| 2508 | | - | other entity subject to the provisions of s. 768.28, in state or 1691 |
|---|
| 2509 | | - | federal court requesting compensation arising out of the facts 1692 |
|---|
| 2510 | | - | in connection with the claimant's conviction and incarceration. 1693 |
|---|
| 2511 | | - | (7) Any payment made under this act does not constitute a 1694 |
|---|
| 2512 | | - | waiver of any defense of sovereign immunity or an increase in 1695 |
|---|
| 2513 | | - | the limits of liability on behalf of the state or any person 1696 |
|---|
| 2514 | | - | subject to the provisions of s. 768.28 or other law. 1697 |
|---|
| 2515 | | - | Section 52. For the purpose of incorporating the amendment 1698 |
|---|
| 2516 | | - | made by this act to section 768.28, Florida Statutes, in a 1699 |
|---|
| 2517 | | - | reference thereto, paragraph (h) of subsection (12) of section 1700 |
|---|
| 2518 | | - | |
|---|
| 2519 | | - | CS/HB 301 2025 |
|---|
| 2520 | | - | |
|---|
| 2521 | | - | |
|---|
| 2522 | | - | |
|---|
| 2523 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2524 | | - | hb301-01-c1 |
|---|
| 2493 | + | 961.06 Compensation for wrongful incarcerat ion.— 1676 |
|---|
| 2494 | + | (5) Before the department approves the application for 1677 |
|---|
| 2495 | + | compensation, the wrongfully incarcerated person must sign a 1678 |
|---|
| 2496 | + | release and waiver on behalf of the wrongfully incarcerated 1679 |
|---|
| 2497 | + | person and his or her heirs, successors, and assigns, forever 1680 |
|---|
| 2498 | + | releasing the state or any agency, instrumentality, or any 1681 |
|---|
| 2499 | + | political subdivision thereof, or any other entity subject to s. 1682 |
|---|
| 2500 | + | 768.28, from all present or future claims that the wrongfully 1683 |
|---|
| 2501 | + | incarcerated person or his or her heirs, successors, or assigns 1684 |
|---|
| 2502 | + | may have against such entities arising out of the facts in 1685 |
|---|
| 2503 | + | connection with the wrongful conviction for which compensation 1686 |
|---|
| 2504 | + | is being sought under the act. 1687 |
|---|
| 2505 | + | (6)(a) A wrongfully incarcerated person may not submit an 1688 |
|---|
| 2506 | + | application for compensation under this act if the person h as a 1689 |
|---|
| 2507 | + | lawsuit pending against the state or any agency, 1690 |
|---|
| 2508 | + | instrumentality, or any political subdivision thereof, or any 1691 |
|---|
| 2509 | + | other entity subject to the provisions of s. 768.28, in state or 1692 |
|---|
| 2510 | + | federal court requesting compensation arising out of the facts 1693 |
|---|
| 2511 | + | in connection with the claimant's conviction and incarceration. 1694 |
|---|
| 2512 | + | (7) Any payment made under this act does not constitute a 1695 |
|---|
| 2513 | + | waiver of any defense of sovereign immunity or an increase in 1696 |
|---|
| 2514 | + | the limits of liability on behalf of the state or any person 1697 |
|---|
| 2515 | + | subject to the provis ions of s. 768.28 or other law. 1698 |
|---|
| 2516 | + | Section 52. For the purpose of incorporating the amendment 1699 |
|---|
| 2517 | + | made by this act to section 768.28, Florida Statutes, in a 1700 |
|---|
| 2518 | + | |
|---|
| 2519 | + | HB 301 2025 |
|---|
| 2520 | + | |
|---|
| 2521 | + | |
|---|
| 2522 | + | |
|---|
| 2523 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2524 | + | hb301-00 |
|---|
| 2530 | | - | 1002.33, Florida Statutes, is reenacted to read: 1701 |
|---|
| 2531 | | - | 1002.33 Charter schools. — 1702 |
|---|
| 2532 | | - | (12) EMPLOYEES OF CHARTER SCHOOLS. — 1703 |
|---|
| 2533 | | - | (h) For the purposes of tort lia bility, the charter 1704 |
|---|
| 2534 | | - | school, including its governing body and employees, shall be 1705 |
|---|
| 2535 | | - | governed by s. 768.28. This paragraph does not include any for -1706 |
|---|
| 2536 | | - | profit entity contracted by the charter school or its governing 1707 |
|---|
| 2537 | | - | body. 1708 |
|---|
| 2538 | | - | Section 53. For the purpose of incorpo rating the amendment 1709 |
|---|
| 2539 | | - | made by this act to section 768.28, Florida Statutes, in a 1710 |
|---|
| 2540 | | - | reference thereto, paragraph (b) of subsection (6) of section 1711 |
|---|
| 2541 | | - | 1002.333, Florida Statutes, is reenacted to read: 1712 |
|---|
| 2542 | | - | 1002.333 Persistently low -performing schools.— 1713 |
|---|
| 2543 | | - | (6) STATUTORY AUTHORITY.— 1714 |
|---|
| 2544 | | - | (b) For the purposes of tort liability, the hope operator, 1715 |
|---|
| 2545 | | - | the school of hope, and its employees or agents shall be 1716 |
|---|
| 2546 | | - | governed by s. 768.28. The sponsor shall not be liable for civil 1717 |
|---|
| 2547 | | - | damages under state law for the employment actions or person al 1718 |
|---|
| 2548 | | - | injury, property damage, or death resulting from an act or 1719 |
|---|
| 2549 | | - | omission of a hope operator, the school of hope, or its 1720 |
|---|
| 2550 | | - | employees or agents. This paragraph does not include any for -1721 |
|---|
| 2551 | | - | profit entity contracted by the charter school or its governing 1722 |
|---|
| 2552 | | - | body. 1723 |
|---|
| 2553 | | - | Section 54. For the purpose of incorporating the amendment 1724 |
|---|
| 2554 | | - | made by this act to section 768.28, Florida Statutes, in a 1725 |
|---|
| 2555 | | - | |
|---|
| 2556 | | - | CS/HB 301 2025 |
|---|
| 2557 | | - | |
|---|
| 2558 | | - | |
|---|
| 2559 | | - | |
|---|
| 2560 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2561 | | - | hb301-01-c1 |
|---|
| 2530 | + | reference thereto, paragraph (h) of subsection (12) of section 1701 |
|---|
| 2531 | + | 1002.33, Florida Statutes, is reenacted to read: 1702 |
|---|
| 2532 | + | 1002.33 Charter schools. — 1703 |
|---|
| 2533 | + | (12) EMPLOYEES OF CHARTER SCHOOLS. — 1704 |
|---|
| 2534 | + | (h) For the purposes of tort liability, the charter 1705 |
|---|
| 2535 | + | school, including its governing body and employees, shall be 1706 |
|---|
| 2536 | + | governed by s. 768.28. This paragraph does not include any for -1707 |
|---|
| 2537 | + | profit entity contracted by the charter school or its governing 1708 |
|---|
| 2538 | + | body. 1709 |
|---|
| 2539 | + | Section 53. For the purpose of incorporating the amendment 1710 |
|---|
| 2540 | + | made by this act to section 768.28, Florida Statutes, in a 1711 |
|---|
| 2541 | + | reference thereto, paragraph (b) of subsection (6) of section 1712 |
|---|
| 2542 | + | 1002.333, Florida Statutes, is reenacted to read: 1713 |
|---|
| 2543 | + | 1002.333 Persistently low -performing schools.— 1714 |
|---|
| 2544 | + | (6) STATUTORY AUTHORITY. — 1715 |
|---|
| 2545 | + | (b) For the purposes of tort liability, the hope operator, 1716 |
|---|
| 2546 | + | the school of hope, and its employees or agents shall be 1717 |
|---|
| 2547 | + | governed by s. 768.28. The sponsor shall not be liable for civil 1718 |
|---|
| 2548 | + | damages under state law for the employment actions or personal 1719 |
|---|
| 2549 | + | injury, property damage, or death resulting from an act or 1720 |
|---|
| 2550 | + | omission of a hope operator, the school of hope, or its 1721 |
|---|
| 2551 | + | employees or agents. This pa ragraph does not include any for -1722 |
|---|
| 2552 | + | profit entity contracted by the charter school or its governing 1723 |
|---|
| 2553 | + | body. 1724 |
|---|
| 2554 | + | Section 54. For the purpose of incorporating the amendment 1725 |
|---|
| 2555 | + | |
|---|
| 2556 | + | HB 301 2025 |
|---|
| 2557 | + | |
|---|
| 2558 | + | |
|---|
| 2559 | + | |
|---|
| 2560 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2561 | + | hb301-00 |
|---|
| 2567 | | - | reference thereto, subsection (17) of section 1002.34, Florida 1726 |
|---|
| 2568 | | - | Statutes, is reenacted to read: 1727 |
|---|
| 2569 | | - | 1002.34 Charter technical career centers. — 1728 |
|---|
| 2570 | | - | (17) IMMUNITY.—For the purposes of tort liability, the 1729 |
|---|
| 2571 | | - | governing body and employees of a center are governed by s. 1730 |
|---|
| 2572 | | - | 768.28. 1731 |
|---|
| 2573 | | - | Section 55. For the purpose of incorporating the amendment 1732 |
|---|
| 2574 | | - | made by this act to section 768.28, Florida Statutes, in a 1733 |
|---|
| 2575 | | - | reference thereto, paragraph (c) of subsection (3) of section 1734 |
|---|
| 2576 | | - | 1002.351, Florida Statutes, is reenacted to read: 1735 |
|---|
| 2577 | | - | 1002.351 The Florida School for Competitive Academics. — 1736 |
|---|
| 2578 | | - | (3) BOARD OF TRUSTEES. — 1737 |
|---|
| 2579 | | - | (c) The board of trustees is a public agency entitled to 1738 |
|---|
| 2580 | | - | sovereign immunity pursuant to s. 768.28, and board members are 1739 |
|---|
| 2581 | | - | public officers who bear fiduciary responsibility for the 1740 |
|---|
| 2582 | | - | Florida School for Competitive Academics. 1741 |
|---|
| 2583 | | - | Section 56. For the purpose of incorporating the amendment 1742 |
|---|
| 2584 | | - | made by this act to section 768.28, Flo rida Statutes, in a 1743 |
|---|
| 2585 | | - | reference thereto, subsection (2) of section 1002.37, Florida 1744 |
|---|
| 2586 | | - | Statutes, is reenacted to read: 1745 |
|---|
| 2587 | | - | 1002.37 The Florida Virtual School. — 1746 |
|---|
| 2588 | | - | (2) The Florida Virtual School shall be governed by a 1747 |
|---|
| 2589 | | - | board of trustees comprised of seven members ap pointed by the 1748 |
|---|
| 2590 | | - | Governor to 4-year staggered terms. The board of trustees shall 1749 |
|---|
| 2591 | | - | be a public agency entitled to sovereign immunity pursuant to s. 1750 |
|---|
| 2592 | | - | |
|---|
| 2593 | | - | CS/HB 301 2025 |
|---|
| 2594 | | - | |
|---|
| 2595 | | - | |
|---|
| 2596 | | - | |
|---|
| 2597 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2598 | | - | hb301-01-c1 |
|---|
| 2567 | + | made by this act to section 768.28, Florida Statutes, in a 1726 |
|---|
| 2568 | + | reference thereto, subsection ( 17) of section 1002.34, Florida 1727 |
|---|
| 2569 | + | Statutes, is reenacted to read: 1728 |
|---|
| 2570 | + | 1002.34 Charter technical career centers. — 1729 |
|---|
| 2571 | + | (17) IMMUNITY.—For the purposes of tort liability, the 1730 |
|---|
| 2572 | + | governing body and employees of a center are governed by s. 1731 |
|---|
| 2573 | + | 768.28. 1732 |
|---|
| 2574 | + | Section 55. For the purpose of incorporating the amendment 1733 |
|---|
| 2575 | + | made by this act to section 768.28, Florida Statutes, in a 1734 |
|---|
| 2576 | + | reference thereto, paragraph (c) of subsection (3) of section 1735 |
|---|
| 2577 | + | 1002.351, Florida Statutes, is reenacted to read: 1736 |
|---|
| 2578 | + | 1002.351 The Florida School for Competitiv e Academics.— 1737 |
|---|
| 2579 | + | (3) BOARD OF TRUSTEES. — 1738 |
|---|
| 2580 | + | (c) The board of trustees is a public agency entitled to 1739 |
|---|
| 2581 | + | sovereign immunity pursuant to s. 768.28, and board members are 1740 |
|---|
| 2582 | + | public officers who bear fiduciary responsibility for the 1741 |
|---|
| 2583 | + | Florida School for Competitive Academics. 1742 |
|---|
| 2584 | + | Section 56. For the purpose of incorporating the amendment 1743 |
|---|
| 2585 | + | made by this act to section 768.28, Florida Statutes, in a 1744 |
|---|
| 2586 | + | reference thereto, subsection (2) of section 1002.37, Florida 1745 |
|---|
| 2587 | + | Statutes, is reenacted to read: 1746 |
|---|
| 2588 | + | 1002.37 The Florida Virtual School.— 1747 |
|---|
| 2589 | + | (2) The Florida Virtual School shall be governed by a 1748 |
|---|
| 2590 | + | board of trustees comprised of seven members appointed by the 1749 |
|---|
| 2591 | + | Governor to 4-year staggered terms. The board of trustees shall 1750 |
|---|
| 2592 | + | |
|---|
| 2593 | + | HB 301 2025 |
|---|
| 2594 | + | |
|---|
| 2595 | + | |
|---|
| 2596 | + | |
|---|
| 2597 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2598 | + | hb301-00 |
|---|
| 2604 | | - | 768.28, and board members shall be public officers who shall 1751 |
|---|
| 2605 | | - | bear fiduciary responsibility for the Florida Virtu al School. 1752 |
|---|
| 2606 | | - | The board of trustees shall have the following powers and 1753 |
|---|
| 2607 | | - | duties: 1754 |
|---|
| 2608 | | - | (a)1. The board of trustees shall meet at least 4 times 1755 |
|---|
| 2609 | | - | each year, upon the call of the chair, or at the request of a 1756 |
|---|
| 2610 | | - | majority of the membership. 1757 |
|---|
| 2611 | | - | 2. The fiscal year for the Fl orida Virtual School shall be 1758 |
|---|
| 2612 | | - | the state fiscal year as provided in s. 216.011(1)(q). 1759 |
|---|
| 2613 | | - | (b) The board of trustees shall be responsible for the 1760 |
|---|
| 2614 | | - | Florida Virtual School's development of a state -of-the-art 1761 |
|---|
| 2615 | | - | technology-based education delivery system that is cost -1762 |
|---|
| 2616 | | - | effective, educationally sound, marketable, and capable of 1763 |
|---|
| 2617 | | - | sustaining a self-sufficient delivery system through the Florida 1764 |
|---|
| 2618 | | - | Education Finance Program. 1765 |
|---|
| 2619 | | - | (c) The board of trustees shall aggressively seek avenues 1766 |
|---|
| 2620 | | - | to generate revenue to support its future en deavors, and shall 1767 |
|---|
| 2621 | | - | enter into agreements with distance learning providers. The 1768 |
|---|
| 2622 | | - | board of trustees may acquire, enjoy, use, and dispose of 1769 |
|---|
| 2623 | | - | patents, copyrights, and trademarks and any licenses and other 1770 |
|---|
| 2624 | | - | rights or interests thereunder or therein. Ownership of all such 1771 |
|---|
| 2625 | | - | patents, copyrights, trademarks, licenses, and rights or 1772 |
|---|
| 2626 | | - | interests thereunder or therein shall vest in the state, with 1773 |
|---|
| 2627 | | - | the board of trustees having full right of use and full right to 1774 |
|---|
| 2628 | | - | retain the revenues derived therefrom. Any funds realized from 1775 |
|---|
| 2629 | | - | |
|---|
| 2630 | | - | CS/HB 301 2025 |
|---|
| 2631 | | - | |
|---|
| 2632 | | - | |
|---|
| 2633 | | - | |
|---|
| 2634 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2635 | | - | hb301-01-c1 |
|---|
| 2604 | + | be a public agency entitled to sovereign immunity pursuant to s. 1751 |
|---|
| 2605 | + | 768.28, and board members shall be public officers who shall 1752 |
|---|
| 2606 | + | bear fiduciary responsibility for the Florida Virtual School. 1753 |
|---|
| 2607 | + | The board of trustees shall have the following powers and 1754 |
|---|
| 2608 | + | duties: 1755 |
|---|
| 2609 | + | (a)1. The board of trustees shall meet at least 4 times 1756 |
|---|
| 2610 | + | each year, upon the call of the chair, or at the request of a 1757 |
|---|
| 2611 | + | majority of the membership. 1758 |
|---|
| 2612 | + | 2. The fiscal year for the Florida Virtual School shall be 1759 |
|---|
| 2613 | + | the state fiscal year as provided in s. 216.011(1)(q). 1760 |
|---|
| 2614 | + | (b) The board of trustees shall be responsible for the 1761 |
|---|
| 2615 | + | Florida Virtual School's development of a state -of-the-art 1762 |
|---|
| 2616 | + | technology-based education delivery system that is cost -1763 |
|---|
| 2617 | + | effective, educationally sound, marketable, and capable of 1764 |
|---|
| 2618 | + | sustaining a self-sufficient delivery system through the Florida 1765 |
|---|
| 2619 | + | Education Finance Program. 1766 |
|---|
| 2620 | + | (c) The board of trustees shall aggressively seek avenues 1767 |
|---|
| 2621 | + | to generate revenue to support its future endeavors, and shall 1768 |
|---|
| 2622 | + | enter into agreements with distance learning providers. The 1769 |
|---|
| 2623 | + | board of trustees may acquire, enjoy, use, and dispose of 1770 |
|---|
| 2624 | + | patents, copyrights, and trademarks and any licenses and other 1771 |
|---|
| 2625 | + | rights or interests thereunder or therein. Ownership of all such 1772 |
|---|
| 2626 | + | patents, copyrights, trademarks, licenses, and rights or 1773 |
|---|
| 2627 | + | interests thereunder or therein shall vest in the state, with 1774 |
|---|
| 2628 | + | the board of trustees having full right of use and full right to 1775 |
|---|
| 2629 | + | |
|---|
| 2630 | + | HB 301 2025 |
|---|
| 2631 | + | |
|---|
| 2632 | + | |
|---|
| 2633 | + | |
|---|
| 2634 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2635 | + | hb301-00 |
|---|
| 2641 | | - | patents, copyrights, trademarks, or licenses shall be considered 1776 |
|---|
| 2642 | | - | internal funds as provided in s. 1011.07. Such funds shall be 1777 |
|---|
| 2643 | | - | used to support the school's marketing and research and 1778 |
|---|
| 2644 | | - | development activities in order to improve courseware and 1779 |
|---|
| 2645 | | - | services to its students. 1780 |
|---|
| 2646 | | - | (d) The board of trustees shall be responsible for the 1781 |
|---|
| 2647 | | - | administration and control of all local school funds derived 1782 |
|---|
| 2648 | | - | from all activities or sources and shall prescribe the 1783 |
|---|
| 2649 | | - | principles and procedures to be followed in administering these 1784 |
|---|
| 2650 | | - | funds. 1785 |
|---|
| 2651 | | - | (e) The Florida Virtual School may accrue supplemental 1786 |
|---|
| 2652 | | - | revenue from supplemental support organizations, which include, 1787 |
|---|
| 2653 | | - | but are not limited to, alumni associations, foundations, 1788 |
|---|
| 2654 | | - | parent-teacher associations, and booster associations. The 1789 |
|---|
| 2655 | | - | governing body of each supplemental support organization shall 1790 |
|---|
| 2656 | | - | recommend the expenditure of moneys collected by the 1791 |
|---|
| 2657 | | - | organization for the benefit of the school. Such expenditures 1792 |
|---|
| 2658 | | - | shall be contingent upon the review of the executive director. 1793 |
|---|
| 2659 | | - | The executive director may overrid e any proposed expenditure of 1794 |
|---|
| 2660 | | - | the organization that would violate Florida law or breach sound 1795 |
|---|
| 2661 | | - | educational management. 1796 |
|---|
| 2662 | | - | (f) In accordance with law and rules of the State Board of 1797 |
|---|
| 2663 | | - | Education, the board of trustees shall administer and maintain 1798 |
|---|
| 2664 | | - | personnel programs for all employees of the board of trustees 1799 |
|---|
| 2665 | | - | and the Florida Virtual School. The board of trustees may adopt 1800 |
|---|
| 2666 | | - | |
|---|
| 2667 | | - | CS/HB 301 2025 |
|---|
| 2668 | | - | |
|---|
| 2669 | | - | |
|---|
| 2670 | | - | |
|---|
| 2671 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2672 | | - | hb301-01-c1 |
|---|
| 2641 | + | retain the revenues derived therefrom. Any funds realized from 1776 |
|---|
| 2642 | + | patents, copyrights, trademarks, or licenses shall be considered 1777 |
|---|
| 2643 | + | internal funds as provided in s. 1011.07. Such funds shall be 1778 |
|---|
| 2644 | + | used to support the school's marketing and research and 1779 |
|---|
| 2645 | + | development activities in order to improve courseware and 1780 |
|---|
| 2646 | + | services to its students. 1781 |
|---|
| 2647 | + | (d) The board of trustees shall be responsible for the 1782 |
|---|
| 2648 | + | administration and control of all local school funds derived 1783 |
|---|
| 2649 | + | from all activities or sources and shall prescribe the 1784 |
|---|
| 2650 | + | principles and procedures to be followed in administering these 1785 |
|---|
| 2651 | + | funds. 1786 |
|---|
| 2652 | + | (e) The Florida Virtual School may accrue supplemental 1787 |
|---|
| 2653 | + | revenue from supplemental support organizations, which include, 1788 |
|---|
| 2654 | + | but are not limited to, alumni associations, foundations, 1789 |
|---|
| 2655 | + | parent-teacher associations, and booster associations. The 1790 |
|---|
| 2656 | + | governing body of each supplemental support organization shall 1791 |
|---|
| 2657 | + | recommend the expenditure of moneys collected by the 1792 |
|---|
| 2658 | + | organization for the benefit of the school. Su ch expenditures 1793 |
|---|
| 2659 | + | shall be contingent upon the review of the executive director. 1794 |
|---|
| 2660 | + | The executive director may override any proposed expenditure of 1795 |
|---|
| 2661 | + | the organization that would violate Florida law or breach sound 1796 |
|---|
| 2662 | + | educational management. 1797 |
|---|
| 2663 | + | (f) In accordance with law and rules of the State Board of 1798 |
|---|
| 2664 | + | Education, the board of trustees shall administer and maintain 1799 |
|---|
| 2665 | + | personnel programs for all employees of the board of trustees 1800 |
|---|
| 2666 | + | |
|---|
| 2667 | + | HB 301 2025 |
|---|
| 2668 | + | |
|---|
| 2669 | + | |
|---|
| 2670 | + | |
|---|
| 2671 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2672 | + | hb301-00 |
|---|
| 2678 | | - | rules, policies, and procedures related to the appointment, 1801 |
|---|
| 2679 | | - | employment, and removal of personnel. 1802 |
|---|
| 2680 | | - | 1. The board of trustees shall determine the compensation, 1803 |
|---|
| 2681 | | - | including salaries and fringe benefits, and other conditions of 1804 |
|---|
| 2682 | | - | employment for such personnel. 1805 |
|---|
| 2683 | | - | 2. The board of trustees may establish and maintain a 1806 |
|---|
| 2684 | | - | personnel loan or exchange program by which persons employed by 1807 |
|---|
| 2685 | | - | the board of trustees for the Florida Virtual School as academic 1808 |
|---|
| 2686 | | - | administrative and instructional staff may be loaned to, or 1809 |
|---|
| 2687 | | - | exchanged with persons employed in like capacities by, public 1810 |
|---|
| 2688 | | - | agencies either within or without this state, or by private 1811 |
|---|
| 2689 | | - | industry. With respect to public ag ency employees, the program 1812 |
|---|
| 2690 | | - | authorized by this subparagraph shall be consistent with the 1813 |
|---|
| 2691 | | - | requirements of part II of chapter 112. The salary and benefits 1814 |
|---|
| 2692 | | - | of board of trustees personnel participating in the loan or 1815 |
|---|
| 2693 | | - | exchange program shall be continued during the period of time 1816 |
|---|
| 2694 | | - | they participate in a loan or exchange program, and such 1817 |
|---|
| 2695 | | - | personnel shall be deemed to have no break in creditable or 1818 |
|---|
| 2696 | | - | continuous service or employment during such time. The salary 1819 |
|---|
| 2697 | | - | and benefits of persons participating in the personnel loa n or 1820 |
|---|
| 2698 | | - | exchange program who are employed by public agencies or private 1821 |
|---|
| 2699 | | - | industry shall be paid by the originating employers of those 1822 |
|---|
| 2700 | | - | participants, and such personnel shall be deemed to have no 1823 |
|---|
| 2701 | | - | break in creditable or continuous service or employment during 1824 |
|---|
| 2702 | | - | such time. 1825 |
|---|
| 2703 | | - | |
|---|
| 2704 | | - | CS/HB 301 2025 |
|---|
| 2705 | | - | |
|---|
| 2706 | | - | |
|---|
| 2707 | | - | |
|---|
| 2708 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2709 | | - | hb301-01-c1 |
|---|
| 2678 | + | and the Florida Virtual School. The board of trustees may adopt 1801 |
|---|
| 2679 | + | rules, policies, and procedures related to the appointment, 1802 |
|---|
| 2680 | + | employment, and removal of personnel. 1803 |
|---|
| 2681 | + | 1. The board of trustees shall determine the compensation, 1804 |
|---|
| 2682 | + | including salaries and fringe benefits, and other conditions of 1805 |
|---|
| 2683 | + | employment for such personnel. 1806 |
|---|
| 2684 | + | 2. The board of trustees may es tablish and maintain a 1807 |
|---|
| 2685 | + | personnel loan or exchange program by which persons employed by 1808 |
|---|
| 2686 | + | the board of trustees for the Florida Virtual School as academic 1809 |
|---|
| 2687 | + | administrative and instructional staff may be loaned to, or 1810 |
|---|
| 2688 | + | exchanged with persons employed in like capa cities by, public 1811 |
|---|
| 2689 | + | agencies either within or without this state, or by private 1812 |
|---|
| 2690 | + | industry. With respect to public agency employees, the program 1813 |
|---|
| 2691 | + | authorized by this subparagraph shall be consistent with the 1814 |
|---|
| 2692 | + | requirements of part II of chapter 112. The salary and benefits 1815 |
|---|
| 2693 | + | of board of trustees personnel participating in the loan or 1816 |
|---|
| 2694 | + | exchange program shall be continued during the period of time 1817 |
|---|
| 2695 | + | they participate in a loan or exchange program, and such 1818 |
|---|
| 2696 | + | personnel shall be deemed to have no break in creditable or 1819 |
|---|
| 2697 | + | continuous service or employment during such time. The salary 1820 |
|---|
| 2698 | + | and benefits of persons participating in the personnel loan or 1821 |
|---|
| 2699 | + | exchange program who are employed by public agencies or private 1822 |
|---|
| 2700 | + | industry shall be paid by the originating employers of those 1823 |
|---|
| 2701 | + | participants, and such personnel shall be deemed to have no 1824 |
|---|
| 2702 | + | break in creditable or continuous service or employment during 1825 |
|---|
| 2703 | + | |
|---|
| 2704 | + | HB 301 2025 |
|---|
| 2705 | + | |
|---|
| 2706 | + | |
|---|
| 2707 | + | |
|---|
| 2708 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2709 | + | hb301-00 |
|---|
| 2715 | | - | 3. The employment of all Florida Virtual School academic 1826 |
|---|
| 2716 | | - | administrative and instructional personnel shall be subject to 1827 |
|---|
| 2717 | | - | rejection for cause by the board of trustees, and shall be 1828 |
|---|
| 2718 | | - | subject to policies of the board of trustees relative to 1829 |
|---|
| 2719 | | - | certification, tenure, leaves of absence, sabbaticals, 1830 |
|---|
| 2720 | | - | remuneration, and such other conditions of employment as the 1831 |
|---|
| 2721 | | - | board of trustees deems necessary and proper, not inconsistent 1832 |
|---|
| 2722 | | - | with law. 1833 |
|---|
| 2723 | | - | 4. Each person employed by the board of trustees in an 1834 |
|---|
| 2724 | | - | academic administrat ive or instructional capacity with the 1835 |
|---|
| 2725 | | - | Florida Virtual School shall be entitled to a contract as 1836 |
|---|
| 2726 | | - | provided by rules of the board of trustees. 1837 |
|---|
| 2727 | | - | 5. All employees except temporary, seasonal, and student 1838 |
|---|
| 2728 | | - | employees may be state employees for the purpose of bein g 1839 |
|---|
| 2729 | | - | eligible to participate in the Florida Retirement System and 1840 |
|---|
| 2730 | | - | receive benefits. The classification and pay plan, including 1841 |
|---|
| 2731 | | - | terminal leave and other benefits, and any amendments thereto, 1842 |
|---|
| 2732 | | - | shall be subject to review and approval by the Department of 1843 |
|---|
| 2733 | | - | Management Services and the Executive Office of the Governor 1844 |
|---|
| 2734 | | - | prior to adoption. 1845 |
|---|
| 2735 | | - | (g) The board of trustees shall establish priorities for 1846 |
|---|
| 2736 | | - | admission of students in accordance with paragraph (1)(b). 1847 |
|---|
| 2737 | | - | (h) The board of trustees shall establish and distribute 1848 |
|---|
| 2738 | | - | to all school districts and high schools in the state procedures 1849 |
|---|
| 2739 | | - | for enrollment of students in courses offered by the Florida 1850 |
|---|
| 2740 | | - | |
|---|
| 2741 | | - | CS/HB 301 2025 |
|---|
| 2742 | | - | |
|---|
| 2743 | | - | |
|---|
| 2744 | | - | |
|---|
| 2745 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2746 | | - | hb301-01-c1 |
|---|
| 2715 | + | such time. 1826 |
|---|
| 2716 | + | 3. The employment of all Florida Virtual School academic 1827 |
|---|
| 2717 | + | administrative and instructional personnel shall be subject to 1828 |
|---|
| 2718 | + | rejection for cause by the board of trustees, and shall be 1829 |
|---|
| 2719 | + | subject to policies of the board of trustees relative to 1830 |
|---|
| 2720 | + | certification, tenure, leaves of absence, sabbaticals, 1831 |
|---|
| 2721 | + | remuneration, and such other conditions of employment as the 1832 |
|---|
| 2722 | + | board of trustees deems necessary and proper, not inconsistent 1833 |
|---|
| 2723 | + | with law. 1834 |
|---|
| 2724 | + | 4. Each person employed by the board of trustees in an 1835 |
|---|
| 2725 | + | academic administrative or instructional capacity with the 1836 |
|---|
| 2726 | + | Florida Virtual School shall be entitled to a contract as 1837 |
|---|
| 2727 | + | provided by rules of the board of trustees. 1838 |
|---|
| 2728 | + | 5. All employees except temporary, seasonal, and student 1839 |
|---|
| 2729 | + | employees may be state employees for the purpose of being 1840 |
|---|
| 2730 | + | eligible to participate in the Florida Retirement System and 1841 |
|---|
| 2731 | + | receive benefits. The classification and pay plan, including 1842 |
|---|
| 2732 | + | terminal leave and other benefits, and any amendments thereto, 1843 |
|---|
| 2733 | + | shall be subject to review and approval by the Department of 1844 |
|---|
| 2734 | + | Management Services and the Executive Office of the Governor 1845 |
|---|
| 2735 | + | prior to adoption. 1846 |
|---|
| 2736 | + | (g) The board of trustees shall establish priorities for 1847 |
|---|
| 2737 | + | admission of students in accordance with paragraph (1)(b). 1848 |
|---|
| 2738 | + | (h) The board of trustees shall establish and distribute 1849 |
|---|
| 2739 | + | to all school districts and high schools in the state procedures 1850 |
|---|
| 2740 | + | |
|---|
| 2741 | + | HB 301 2025 |
|---|
| 2742 | + | |
|---|
| 2743 | + | |
|---|
| 2744 | + | |
|---|
| 2745 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2746 | + | hb301-00 |
|---|
| 2752 | | - | Virtual School. 1851 |
|---|
| 2753 | | - | (i) The board of trustees shall establish criteria 1852 |
|---|
| 2754 | | - | defining the elements of an approved franchise. The board of 1853 |
|---|
| 2755 | | - | trustees may enter into franchise agreements with Florida 1854 |
|---|
| 2756 | | - | district school boards and may establish the terms and 1855 |
|---|
| 2757 | | - | conditions governing such agreements. The board of trustees 1856 |
|---|
| 2758 | | - | shall establish the performance and accountability measures and 1857 |
|---|
| 2759 | | - | report the performance of each school district franchise to the 1858 |
|---|
| 2760 | | - | Commissioner of Education. 1859 |
|---|
| 2761 | | - | (j) The board of trustees shall submit to the State Board 1860 |
|---|
| 2762 | | - | of Education both forecasted and actual enrollments and credit 1861 |
|---|
| 2763 | | - | completions for the Florida Virtual School, according to 1862 |
|---|
| 2764 | | - | procedures established by the State Board of Education. At a 1863 |
|---|
| 2765 | | - | minimum, such procedures must include the number of public, 1864 |
|---|
| 2766 | | - | private, and home education students served by program and by 1865 |
|---|
| 2767 | | - | county of residence. 1866 |
|---|
| 2768 | | - | (k) The board of trustees shall provide for the content 1867 |
|---|
| 2769 | | - | and custody of student and employee personnel records. Student 1868 |
|---|
| 2770 | | - | records shall be subject to the provisions of s. 1002.22. 1869 |
|---|
| 2771 | | - | Employee records shall be subject to the provisions of s. 1870 |
|---|
| 2772 | | - | 1012.31. 1871 |
|---|
| 2773 | | - | (l) The financial records and accounts of the Florida 1872 |
|---|
| 2774 | | - | Virtual School shall be maintained under the direction of the 1873 |
|---|
| 2775 | | - | board of trustees and under rules adopted by the State Board of 1874 |
|---|
| 2776 | | - | Education for the uniform system of financial records and 1875 |
|---|
| 2777 | | - | |
|---|
| 2778 | | - | CS/HB 301 2025 |
|---|
| 2779 | | - | |
|---|
| 2780 | | - | |
|---|
| 2781 | | - | |
|---|
| 2782 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2783 | | - | hb301-01-c1 |
|---|
| 2752 | + | for enrollment of students in courses offered by the Florida 1851 |
|---|
| 2753 | + | Virtual School. 1852 |
|---|
| 2754 | + | (i) The board of trustees shall establish criteria 1853 |
|---|
| 2755 | + | defining the elements of an approved franchise. The board of 1854 |
|---|
| 2756 | + | trustees may enter into franchise agreements with Florida 1855 |
|---|
| 2757 | + | district school boards and may establish the terms and 1856 |
|---|
| 2758 | + | conditions governing such agreements. The board of trustees 1857 |
|---|
| 2759 | + | shall establish the performance and accountability measures and 1858 |
|---|
| 2760 | + | report the performance of each school district franchise to the 1859 |
|---|
| 2761 | + | Commissioner of Education. 1860 |
|---|
| 2762 | + | (j) The board of trustees shall submit to the State Board 1861 |
|---|
| 2763 | + | of Education both forecasted and actual enrollments and credit 1862 |
|---|
| 2764 | + | completions for the Florida Virtual School, according to 1863 |
|---|
| 2765 | + | procedures established by the State Board of Education. At a 1864 |
|---|
| 2766 | + | minimum, such procedures must include the number of public, 1865 |
|---|
| 2767 | + | private, and home education stude nts served by program and by 1866 |
|---|
| 2768 | + | county of residence. 1867 |
|---|
| 2769 | + | (k) The board of trustees shall provide for the content 1868 |
|---|
| 2770 | + | and custody of student and employee personnel records. Student 1869 |
|---|
| 2771 | + | records shall be subject to the provisions of s. 1002.22. 1870 |
|---|
| 2772 | + | Employee records shall be s ubject to the provisions of s. 1871 |
|---|
| 2773 | + | 1012.31. 1872 |
|---|
| 2774 | + | (l) The financial records and accounts of the Florida 1873 |
|---|
| 2775 | + | Virtual School shall be maintained under the direction of the 1874 |
|---|
| 2776 | + | board of trustees and under rules adopted by the State Board of 1875 |
|---|
| 2777 | + | |
|---|
| 2778 | + | HB 301 2025 |
|---|
| 2779 | + | |
|---|
| 2780 | + | |
|---|
| 2781 | + | |
|---|
| 2782 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2783 | + | hb301-00 |
|---|
| 2789 | | - | accounts for the schools of the state. 1876 |
|---|
| 2790 | | - | 1877 |
|---|
| 2791 | | - | The Governor shall designate the initial chair of the board of 1878 |
|---|
| 2792 | | - | trustees to serve a term of 4 years. Members of the board of 1879 |
|---|
| 2793 | | - | trustees shall serve without compensation, but may be reimbursed 1880 |
|---|
| 2794 | | - | for per diem and travel expenses pursuant to s. 112.061. The 1881 |
|---|
| 2795 | | - | board of trustees shall be a body corporate with all th e powers 1882 |
|---|
| 2796 | | - | of a body corporate and such authority as is needed for the 1883 |
|---|
| 2797 | | - | proper operation and improvement of the Florida Virtual School. 1884 |
|---|
| 2798 | | - | The board of trustees is specifically authorized to adopt rules, 1885 |
|---|
| 2799 | | - | policies, and procedures, consistent with law and rules of the 1886 |
|---|
| 2800 | | - | State Board of Education related to governance, personnel, 1887 |
|---|
| 2801 | | - | budget and finance, administration, programs, curriculum and 1888 |
|---|
| 2802 | | - | instruction, travel and purchasing, technology, students, 1889 |
|---|
| 2803 | | - | contracts and grants, and property as necessary for optimal, 1890 |
|---|
| 2804 | | - | efficient operation of the Florida Virtual School. Tangible 1891 |
|---|
| 2805 | | - | personal property owned by the board of trustees shall be 1892 |
|---|
| 2806 | | - | subject to the provisions of chapter 273. 1893 |
|---|
| 2807 | | - | Section 57. For the purpose of incorporating the amendment 1894 |
|---|
| 2808 | | - | made by this act to section 768.28, Florida S tatutes, in a 1895 |
|---|
| 2809 | | - | reference thereto, paragraph (l) of subsection (3) of section 1896 |
|---|
| 2810 | | - | 1002.55, Florida Statutes, is reenacted to read: 1897 |
|---|
| 2811 | | - | 1002.55 School-year prekindergarten program delivered by 1898 |
|---|
| 2812 | | - | private prekindergarten providers. — 1899 |
|---|
| 2813 | | - | (3) To be eligible to deliver the prekindergarten program, 1900 |
|---|
| 2814 | | - | |
|---|
| 2815 | | - | CS/HB 301 2025 |
|---|
| 2816 | | - | |
|---|
| 2817 | | - | |
|---|
| 2818 | | - | |
|---|
| 2819 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2820 | | - | hb301-01-c1 |
|---|
| 2789 | + | Education for the uniform system o f financial records and 1876 |
|---|
| 2790 | + | accounts for the schools of the state. 1877 |
|---|
| 2791 | + | 1878 |
|---|
| 2792 | + | The Governor shall designate the initial chair of the board of 1879 |
|---|
| 2793 | + | trustees to serve a term of 4 years. Members of the board of 1880 |
|---|
| 2794 | + | trustees shall serve without compensation, but may be reimbursed 1881 |
|---|
| 2795 | + | for per diem and travel expenses pursuant to s. 112.061. The 1882 |
|---|
| 2796 | + | board of trustees shall be a body corporate with all the powers 1883 |
|---|
| 2797 | + | of a body corporate and such authority as is needed for the 1884 |
|---|
| 2798 | + | proper operation and improvement of the Florida Virtual School. 1885 |
|---|
| 2799 | + | The board of trustees is specifically authorized to adopt rules, 1886 |
|---|
| 2800 | + | policies, and procedures, consistent with law and rules of the 1887 |
|---|
| 2801 | + | State Board of Education related to governance, personnel, 1888 |
|---|
| 2802 | + | budget and finance, administration, programs, curriculum and 1889 |
|---|
| 2803 | + | instruction, travel and purchasing, technology, students, 1890 |
|---|
| 2804 | + | contracts and grants, and property as necessary for optimal, 1891 |
|---|
| 2805 | + | efficient operation of the Florida Virtual School. Tangible 1892 |
|---|
| 2806 | + | personal property owned by the board of trustees shall be 1893 |
|---|
| 2807 | + | subject to the provisions of chapter 273. 1894 |
|---|
| 2808 | + | Section 57. For the purpose of incorporating the amendment 1895 |
|---|
| 2809 | + | made by this act to section 768.28, Florida Statutes, in a 1896 |
|---|
| 2810 | + | reference thereto, paragraph (l) of subsection (3) of section 1897 |
|---|
| 2811 | + | 1002.55, Florida Statutes, is reenacted to read: 1898 |
|---|
| 2812 | + | 1002.55 School-year prekindergarten program delivered by 1899 |
|---|
| 2813 | + | private prekindergarten providers. — 1900 |
|---|
| 2814 | + | |
|---|
| 2815 | + | HB 301 2025 |
|---|
| 2816 | + | |
|---|
| 2817 | + | |
|---|
| 2818 | + | |
|---|
| 2819 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2820 | + | hb301-00 |
|---|
| 2826 | | - | a private prekindergarten provider must meet each of the 1901 |
|---|
| 2827 | | - | following requirements: 1902 |
|---|
| 2828 | | - | (l) Notwithstanding paragraph (j), for a private 1903 |
|---|
| 2829 | | - | prekindergarten provider that is a state agency or a subdivision 1904 |
|---|
| 2830 | | - | thereof, as defined in s. 768.28(2 ), the provider must agree to 1905 |
|---|
| 2831 | | - | notify the coalition of any additional liability coverage 1906 |
|---|
| 2832 | | - | maintained by the provider in addition to that otherwise 1907 |
|---|
| 2833 | | - | established under s. 768.28. The provider shall indemnify the 1908 |
|---|
| 2834 | | - | coalition to the extent permitted by s. 768.28. N otwithstanding 1909 |
|---|
| 2835 | | - | paragraph (j), for a child development program that is 1910 |
|---|
| 2836 | | - | accredited by a national accrediting body and operates on a 1911 |
|---|
| 2837 | | - | military installation that is certified by the United States 1912 |
|---|
| 2838 | | - | Department of Defense, the provider may demonstrate liability 1913 |
|---|
| 2839 | | - | coverage by affirming that it is subject to the Federal Tort 1914 |
|---|
| 2840 | | - | Claims Act, 28 U.S.C. ss. 2671 et seq. 1915 |
|---|
| 2841 | | - | Section 58. For the purpose of incorporating the amendment 1916 |
|---|
| 2842 | | - | made by this act to section 768.28, Florida Statutes, in a 1917 |
|---|
| 2843 | | - | reference thereto, subsection (10) of section 1002.83, Florida 1918 |
|---|
| 2844 | | - | Statutes, is reenacted to read: 1919 |
|---|
| 2845 | | - | 1002.83 Early learning coalitions. — 1920 |
|---|
| 2846 | | - | (10) For purposes of tort liability, each member or 1921 |
|---|
| 2847 | | - | employee of an early learning coalition shall be governed by s. 1922 |
|---|
| 2848 | | - | 768.28. 1923 |
|---|
| 2849 | | - | Section 59. For the purpose of incorporating the amendment 1924 |
|---|
| 2850 | | - | made by this act to section 768.28, Florida Statutes, in a 1925 |
|---|
| 2851 | | - | |
|---|
| 2852 | | - | CS/HB 301 2025 |
|---|
| 2853 | | - | |
|---|
| 2854 | | - | |
|---|
| 2855 | | - | |
|---|
| 2856 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2857 | | - | hb301-01-c1 |
|---|
| 2826 | + | (3) To be eligible to deliver the prekindergarten program, 1901 |
|---|
| 2827 | + | a private prekindergarten provider must meet each of the 1902 |
|---|
| 2828 | + | following requirements: 1903 |
|---|
| 2829 | + | (l) Notwithstanding paragraph (j), for a private 1904 |
|---|
| 2830 | + | prekindergarten provider that is a state agency or a subdivision 1905 |
|---|
| 2831 | + | thereof, as defined in s. 768.28(2), the provider must agree to 1906 |
|---|
| 2832 | + | notify the coalition of any additional liability coverage 1907 |
|---|
| 2833 | + | maintained by the provider in addition to that otherwis e 1908 |
|---|
| 2834 | + | established under s. 768.28. The provider shall indemnify the 1909 |
|---|
| 2835 | + | coalition to the extent permitted by s. 768.28. Notwithstanding 1910 |
|---|
| 2836 | + | paragraph (j), for a child development program that is 1911 |
|---|
| 2837 | + | accredited by a national accrediting body and operates on a 1912 |
|---|
| 2838 | + | military installation that is certified by the United States 1913 |
|---|
| 2839 | + | Department of Defense, the provider may demonstrate liability 1914 |
|---|
| 2840 | + | coverage by affirming that it is subject to the Federal Tort 1915 |
|---|
| 2841 | + | Claims Act, 28 U.S.C. ss. 2671 et seq. 1916 |
|---|
| 2842 | + | Section 58. For the purpose of incorporati ng the amendment 1917 |
|---|
| 2843 | + | made by this act to section 768.28, Florida Statutes, in a 1918 |
|---|
| 2844 | + | reference thereto, subsection (10) of section 1002.83, Florida 1919 |
|---|
| 2845 | + | Statutes, is reenacted to read: 1920 |
|---|
| 2846 | + | 1002.83 Early learning coalitions. — 1921 |
|---|
| 2847 | + | (10) For purposes of tort liability, each member or 1922 |
|---|
| 2848 | + | employee of an early learning coalition shall be governed by s. 1923 |
|---|
| 2849 | + | 768.28. 1924 |
|---|
| 2850 | + | Section 59. For the purpose of incorporating the amendment 1925 |
|---|
| 2851 | + | |
|---|
| 2852 | + | HB 301 2025 |
|---|
| 2853 | + | |
|---|
| 2854 | + | |
|---|
| 2855 | + | |
|---|
| 2856 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2857 | + | hb301-00 |
|---|
| 2863 | | - | reference thereto, paragraph (p) of subsection (1) of section 1926 |
|---|
| 2864 | | - | 1002.88, Florida Statutes, is reenacted to read: 1927 |
|---|
| 2865 | | - | 1002.88 School readiness program provider standards; 1928 |
|---|
| 2866 | | - | eligibility to deliver the school readiness program. — 1929 |
|---|
| 2867 | | - | (1) To be eligible to deliver the school readiness 1930 |
|---|
| 2868 | | - | program, a school readiness program provider must: 1931 |
|---|
| 2869 | | - | (p) Notwithstanding paragraph (m), for a provider that is 1932 |
|---|
| 2870 | | - | a state agency or a subdivision thereof, as defined in s. 1933 |
|---|
| 2871 | | - | 768.28(2), agree to notify the coalition of any additional 1934 |
|---|
| 2872 | | - | liability coverage maintained by the provider in addition to 1935 |
|---|
| 2873 | | - | that otherwise established under s. 768.28. The provider shall 1936 |
|---|
| 2874 | | - | indemnify the coalition to the extent permitted by s. 768.28. 1937 |
|---|
| 2875 | | - | Notwithstanding paragraph (m), for a child development program 1938 |
|---|
| 2876 | | - | that is accredited by a national accrediting body and operates 1939 |
|---|
| 2877 | | - | on a military installation that is certified by the United 1940 |
|---|
| 2878 | | - | States Department of Defense, the provider may demonstrate 1941 |
|---|
| 2879 | | - | liability coverage by affirming that it is subject to the 1942 |
|---|
| 2880 | | - | Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1943 |
|---|
| 2881 | | - | Section 60. For the purpose of incorporating the amendment 1944 |
|---|
| 2882 | | - | made by this act to section 768.28, Florida Statutes, in a 1945 |
|---|
| 2883 | | - | reference thereto, subsection (1) of section 1006.24, Florida 1946 |
|---|
| 2884 | | - | Statutes, is reenacted to read: 1947 |
|---|
| 2885 | | - | 1006.24 Tort liability; liability insurance. — 1948 |
|---|
| 2886 | | - | (1) Each district school board shall be liable for tort 1949 |
|---|
| 2887 | | - | claims arising out of any incident or occurrence invol ving a 1950 |
|---|
| 2888 | | - | |
|---|
| 2889 | | - | CS/HB 301 2025 |
|---|
| 2890 | | - | |
|---|
| 2891 | | - | |
|---|
| 2892 | | - | |
|---|
| 2893 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2894 | | - | hb301-01-c1 |
|---|
| 2863 | + | made by this act to section 768.28, Florida Statutes, in a 1926 |
|---|
| 2864 | + | reference thereto, paragraph (p) of subsection (1) o f section 1927 |
|---|
| 2865 | + | 1002.88, Florida Statutes, is reenacted to read: 1928 |
|---|
| 2866 | + | 1002.88 School readiness program provider standards; 1929 |
|---|
| 2867 | + | eligibility to deliver the school readiness program. — 1930 |
|---|
| 2868 | + | (1) To be eligible to deliver the school readiness 1931 |
|---|
| 2869 | + | program, a school readiness program provider must: 1932 |
|---|
| 2870 | + | (p) Notwithstanding paragraph (m), for a provider that is 1933 |
|---|
| 2871 | + | a state agency or a subdivision thereof, as defined in s. 1934 |
|---|
| 2872 | + | 768.28(2), agree to notify the coalition of any additional 1935 |
|---|
| 2873 | + | liability coverage maintained by the provider in addition to 1936 |
|---|
| 2874 | + | that otherwise established under s. 768.28. The provider shall 1937 |
|---|
| 2875 | + | indemnify the coalition to the extent permitted by s. 768.28. 1938 |
|---|
| 2876 | + | Notwithstanding paragraph (m), for a child development program 1939 |
|---|
| 2877 | + | that is accredited by a national accrediting body and operates 1940 |
|---|
| 2878 | + | on a military installation that is certified by the United 1941 |
|---|
| 2879 | + | States Department of Defense, the provider may demonstrate 1942 |
|---|
| 2880 | + | liability coverage by affirming that it is subject to the 1943 |
|---|
| 2881 | + | Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1944 |
|---|
| 2882 | + | Section 60. For the purpose of incorporating the amendment 1945 |
|---|
| 2883 | + | made by this act to section 768.28, Florida Statutes, in a 1946 |
|---|
| 2884 | + | reference thereto, subsection (1) of section 1006.24, Florida 1947 |
|---|
| 2885 | + | Statutes, is reenacted to read: 1948 |
|---|
| 2886 | + | 1006.24 Tort liability; liability insurance. — 1949 |
|---|
| 2887 | + | (1) Each district school board shall be liable for tort 1950 |
|---|
| 2888 | + | |
|---|
| 2889 | + | HB 301 2025 |
|---|
| 2890 | + | |
|---|
| 2891 | + | |
|---|
| 2892 | + | |
|---|
| 2893 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2894 | + | hb301-00 |
|---|
| 2900 | | - | school bus or other motor vehicle owned, maintained, operated, 1951 |
|---|
| 2901 | | - | or used by the district school board to transport persons, to 1952 |
|---|
| 2902 | | - | the same extent and in the same manner as the state or any of 1953 |
|---|
| 2903 | | - | its agencies or subdivisions is liable for tort claims under s . 1954 |
|---|
| 2904 | | - | 768.28, except that the total liability to persons being 1955 |
|---|
| 2905 | | - | transported for all claims or judgments of such persons arising 1956 |
|---|
| 2906 | | - | out of the same incident or occurrence shall not exceed an 1957 |
|---|
| 2907 | | - | amount equal to $5,000 multiplied by the rated seating capacity 1958 |
|---|
| 2908 | | - | of the school bus or other vehicle, as determined by rules of 1959 |
|---|
| 2909 | | - | the State Board of Education, or $100,000, whichever is greater. 1960 |
|---|
| 2910 | | - | The provisions of s. 768.28 apply to all claims or actions 1961 |
|---|
| 2911 | | - | brought against district school boards, as authorized in this 1962 |
|---|
| 2912 | | - | subsection. 1963 |
|---|
| 2913 | | - | Section 61. For the purpose of incorporating the amendment 1964 |
|---|
| 2914 | | - | made by this act to section 768.28, Florida Statutes, in a 1965 |
|---|
| 2915 | | - | reference thereto, paragraph (b) of subsection (2) of section 1966 |
|---|
| 2916 | | - | 1006.261, Florida Statutes, is reenacted to read: 1967 |
|---|
| 2917 | | - | 1006.261 Use of school bus es for public purposes. — 1968 |
|---|
| 2918 | | - | (2) 1969 |
|---|
| 2919 | | - | (b) For purposes of liability for negligence, state 1970 |
|---|
| 2920 | | - | agencies or subdivisions as defined in s. 768.28(2) shall be 1971 |
|---|
| 2921 | | - | covered by s. 768.28. Every other corporation or organization 1972 |
|---|
| 2922 | | - | shall provide liability insurance coverage in the minimum 1973 |
|---|
| 2923 | | - | amounts of $100,000 on any claim or judgment and $200,000 on all 1974 |
|---|
| 2924 | | - | claims and judgments arising from the same incident or 1975 |
|---|
| 2925 | | - | |
|---|
| 2926 | | - | CS/HB 301 2025 |
|---|
| 2927 | | - | |
|---|
| 2928 | | - | |
|---|
| 2929 | | - | |
|---|
| 2930 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2931 | | - | hb301-01-c1 |
|---|
| 2900 | + | claims arising out of any incident or occurrence involving a 1951 |
|---|
| 2901 | + | school bus or other motor vehicle owned, maintained, operated, 1952 |
|---|
| 2902 | + | or used by the district school board to transport persons, to 1953 |
|---|
| 2903 | + | the same extent and in the same manner as the state or any of 1954 |
|---|
| 2904 | + | its agencies or subdivisions is liable for tort claims under s. 1955 |
|---|
| 2905 | + | 768.28, except that the total liability to persons being 1956 |
|---|
| 2906 | + | transported for all claims or judgments of such persons arising 1957 |
|---|
| 2907 | + | out of the same incident or occurrence shall not exceed an 1958 |
|---|
| 2908 | + | amount equal to $5,000 multiplied by the rated seating capacity 1959 |
|---|
| 2909 | + | of the school bus or other vehicle, as determined by rules of 1960 |
|---|
| 2910 | + | the State Board of Education, or $100,000, whichever is greater. 1961 |
|---|
| 2911 | + | The provisions of s. 768.28 apply to all claims or act ions 1962 |
|---|
| 2912 | + | brought against district school boards, as authorized in this 1963 |
|---|
| 2913 | + | subsection. 1964 |
|---|
| 2914 | + | Section 61. For the purpose of incorporating the amendment 1965 |
|---|
| 2915 | + | made by this act to section 768.28, Florida Statutes, in a 1966 |
|---|
| 2916 | + | reference thereto, paragraph (b) of subsection (2) of s ection 1967 |
|---|
| 2917 | + | 1006.261, Florida Statutes, is reenacted to read: 1968 |
|---|
| 2918 | + | 1006.261 Use of school buses for public purposes. — 1969 |
|---|
| 2919 | + | (2) 1970 |
|---|
| 2920 | + | (b) For purposes of liability for negligence, state 1971 |
|---|
| 2921 | + | agencies or subdivisions as defined in s. 768.28(2) shall be 1972 |
|---|
| 2922 | + | covered by s. 768.28. Ever y other corporation or organization 1973 |
|---|
| 2923 | + | shall provide liability insurance coverage in the minimum 1974 |
|---|
| 2924 | + | amounts of $100,000 on any claim or judgment and $200,000 on all 1975 |
|---|
| 2925 | + | |
|---|
| 2926 | + | HB 301 2025 |
|---|
| 2927 | + | |
|---|
| 2928 | + | |
|---|
| 2929 | + | |
|---|
| 2930 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 2931 | + | hb301-00 |
|---|