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
HB 799 2022
1 A bill to be entitled
2 An act relating to sovereign immunity; amending s.
3 768.28, F.S.; revising the statutory limits on
4 liability for tort claims against the state and its
5 agencies and subdivisions; specifying that the
6 limitations in effect on the date a final judgment is
7 entered apply to that claim; requiring the Department
8 of Financial Services to adjust the limitations on
9 tort liability every year after a specified date;
10 authorizing certain sexual battery claims and actions
11 to be presented at any time; reenacting ss. 45.061(5),
12 110.504(4), 111.071(1)(a), 163.01(15)(k), 190.043,
13 213.015(13), 252.51, 252.89, 252.944, 260.0125(2),
14 284.31, 284.38, 322.13(1)(b), 337.19(1), 341.302(17),
15 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),
16 395.1055(10)(g), 403.706(17)(c), 409.993(1), (2)(a),
17 and (3)(a), 455.221(3), 455.32(5), 456.009(3),
18 456.076(15)(a), 471.038(3), 472.006(11)(b),
19 497.167(7), 513.118(2), 548.046(1), 556.106(8),
20 589.19(4)(e), 723.0611(2)(c), 760.11(5), 766.1115(5),
21 766.112(2), 768.1355(3), 768.295(4), 944.713(2),
22 946.5026, 946.514(3), 961.06(5), (6), and (7),
23 1002.33(12)(h), 1002.333(6)(b), 1002.34(17),
24 1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1),
25 and 1006.261(2)(b), F.S., to incorporate the
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HB 799 2022
26 amendments made to s. 768.28, F.S., in references
27 thereto; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (5), paragraph (a) of subsection
32 (6), and subsection (14) of section 768.28, Florida Statutes,
33 are amended to read:
34 768.28 Waiver of sovereign immunity in tort actions;
35 recovery limits; civil liability for damages caused during a
36 riot; limitation on attorney fees; statute of limitations;
37 exclusions; indemnification; risk management programs.—
38 (5)(a) The state and its agencies and subdivisions shall
39 be liable for tort claims in the same manner and to the same
40 extent as a private individual under like circumstances, but
41 liability shall not include punitive damages or interest for the
42 period before judgment. Neither the state nor its agencies or
43 subdivisions shall be liable to pay a claim or a judgment by any
44 one person which exceeds the sum of $1 million $200,000 or any
45 claim or judgment, or portions thereof, which, when totaled with
46 all other claims or judgments paid by the state or its agencies
47 or subdivisions arising out of the same incident or occurrence,
48 exceeds the sum of $300,000. However, a judgment or judgments
49 may be claimed and rendered in excess of this amount these
50 amounts and may be settled and paid pursuant to this act up to
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51 $1 million per person, $200,000 or $300,000, as the case may be;
52 and that portion of the judgment that exceeds this amount these
53 amounts may be reported to the Legislature, and but may be paid
54 in part or in whole only by further act of the Legislature.
55 Notwithstanding the limited waiver of sovereign immunity
56 provided herein, the state or an agency or subdivision thereof
57 may agree, within the limits of insurance coverage provided, to
58 settle a claim made or a judgment rendered against it without
59 further action by the Legislature, but the state or agency or
60 subdivision thereof shall not be deemed to have waived any
61 defense of sovereign immunity or to have increased the limit s of
62 its liability as a result of its obtaining insurance coverage
63 for tortious acts in excess of the $1 million $200,000 or
64 $300,000 waiver provided above.
65 (b) The limitations of liability set forth in this
66 subsection shall apply to the state and its agencies and
67 subdivisions whether or not the state or its agencies or
68 subdivisions possessed sovereign immunity before July 1, 1974.
69 (c) When determining liability limits for a claim, the
70 limitations of liability in effect on the date a final judgment
71 is entered shall apply to the claim.
72 (d) Beginning July 1, 2023, and each July 1 thereafter,
73 the Department of Financial Services shall adjust the
74 limitations of liability in this subsection to reflect changes
75 in the Consumer Price Index for the Southeast or a successor
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76 index as calculated by the United States Department of Labor.
77 (e)(b) A municipality has a duty to allow the municipal
78 law enforcement agency to respond appropriately to protect
79 persons and property during a riot or an unlawful assembly based
80 on the availability of adequate equipment to its municipal law
81 enforcement officers and relevant state and federal laws. If the
82 governing body of a municipality or a person authorized by the
83 governing body of the municipality breaches that duty, the
84 municipality is civilly liable for any damages, including
85 damages arising from personal injury, wrongful death, or
86 property damages proximately caused by the municipality's breach
87 of duty. The sovereign immunity recovery limits in paragraph (a)
88 do not apply to an action under this paragraph.
89 (6)(a) An action may not be instituted on a claim against
90 the state or one of its agencies or subdivisions unless the
91 claimant presents the claim in writing to the appropriate
92 agency, and also, except as to any claim against a municipality,
93 county, or the Florida Space Authority, presents such claim in
94 writing to the Department of Financial Services, within 3 years
95 after such claim accrues and the Department of Financial
96 Services or the appropriate agency denies the claim i n writing;
97 except that, if:
98 1. Such claim is for contribution pursuant to s. 768.31,
99 it must be so presented within 6 months after the judgment
100 against the tortfeasor seeking contribution has become final by
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101 lapse of time for appeal or after appellate review or, if there
102 is no such judgment, within 6 months after the tortfeasor
103 seeking contribution has either discharged the common liability
104 by payment or agreed, while the action is pending against her or
105 him, to discharge the common liability; or
106 2. Such action is for wrongful death, the claimant must
107 present the claim in writing to the Department of Financial
108 Services within 2 years after the claim accrues; or
109 3. Such action arises from a violation of s. 794.011
110 involving a victim who was younger than the age of 16 at the
111 time of the act, the claimant may present the claim at any time .
112 (14) Every claim against the state or one of its agencies
113 or subdivisions for damages for a negligent or wrongful act or
114 omission pursuant to this section shall be forever barred unless
115 the civil action is commenced by filing a complaint in the court
116 of appropriate jurisdiction within 4 years after such claim
117 accrues; except that:
118 (a) An action for contribution must be commenced within
119 the limitations provided in s. 768.31(4);, and
120 (b) An action for damages arising from medical malpractice
121 or wrongful death must be commenced within the limitations for
122 such actions in s. 95.11(4); and
123 (c) An action arising from acts constituting a violation
124 of s. 794.011 involving a victim who was younger than the age of
125 16 at the time of the act may be commenced at any time pursuant
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126 to s. 95.11(9).
127 Section 2. For the purpose of incorporating the amendment
128 made by this act to section 768.28, Florida Statutes, in a
129 reference thereto, subsection (5) of section 45.061, Florida
130 Statutes, is reenacted to read:
131 45.061 Offers of settlement.—
132 (5) Sanctions authorized under this section may be imposed
133 notwithstanding any limitation on recovery of costs or expenses
134 which may be provided by contract or in other provisions of
135 Florida law. This section shall not be construed to waive the
136 limits of sovereign immunity set forth in s. 768.28.
137 Section 3. For the purpose of incorporating the amendment
138 made by this act to section 768.28, Florida Statutes, in a
139 reference thereto, subsection (4) of section 110.504, Florida
140 Statutes, is reenacted to read:
141 110.504 Volunteer benefits.—
142 (4) Volunteers shall be covered by state liability
143 protection in accordance with the definition of a volunteer and
144 the provisions of s. 768.28.
145 Section 4. For the purpose of incorporating the amendment
146 made by this act to section 768.28, Florida Statutes, in a
147 reference thereto, paragraph (a) of subsection (1) of section
148 111.071, Florida Statutes, is reenacted to read:
149 111.071 Payment of judgments or settlements against
150 certain public officers or employees.—
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151 (1) Any county, municipality, political subdivision, or
152 agency of the state which has been excluded from participation
153 in the Insurance Risk Management Trust Fund is authorized to
154 expend available funds to pay:
155 (a) Any final judgment, including damages, costs, and
156 attorney's fees, arising from a complaint for damages or injury
157 suffered as a result of any act or omission of action of any
158 officer, employee, or agent in a civil or civil rights lawsuit
159 described in s. 111.07. If the civil action arises under s.
160 768.28 as a tort claim, the limitations and provisions of s.
161 768.28 governing payment shall apply. If the action is a civil
162 rights action arising under 42 U.S.C. s. 1983, or similar
163 federal statutes, payments for the full amount of the judgment
164 may be made unless the officer, employee, or agent has been
165 determined in the final judgment to have caused the harm
166 intentionally.
167 Section 5. For the purpose of incorporating the amendment
168 made by this act to section 768.28, Florida Statutes, in a
169 reference thereto, paragraph (k) of subsection (15) of section
170 163.01, Florida Statutes, is reenacted to read:
171 163.01 Florida Interlocal Cooperation Act of 1969. —
172 (15) Notwithstanding any other provision of this section
173 or of any other law except s. 361.14, any public agency of this
174 state which is an electric utility, or any separate legal entity
175 created pursuant to the provisions of this section, the
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176 membership of which consists only of electric utilities, and
177 which exercises or proposes to exercise the powers granted by
178 part II of chapter 361, the Joint Power Act, may exercis e any or
179 all of the following powers:
180 (k) The limitations on waiver in the provisions of s.
181 768.28 or any other law to the contrary notwithstanding, the
182 Legislature, in accordance with s. 13, Art. X of the State
183 Constitution, hereby declares that any such legal entity or any
184 public agency of this state that participates in any electric
185 project waives its sovereign immunity to:
186 1. All other persons participating therein; and
187 2. Any person in any manner contracting with a legal
188 entity of which any such public agency is a member, with
189 relation to:
190 a. Ownership, operation, or any other activity set forth
191 in sub-subparagraph (b)2.d. with relation to any electric
192 project; or
193 b. The supplying or purchasing of services, output,
194 capacity, energy, or any combination thereof.
195 Section 6. For the purpose of incorporating the amendment
196 made by this act to section 768.28, Florida Statutes, in a
197 reference thereto, section 190.043, Florida Statutes, is
198 reenacted to read:
199 190.043 Suits against the district.—Any suit or action
200 brought or maintained against the district for damages arising
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201 out of tort, including, without limitation, any claim arising
202 upon account of an act causing an injury or loss of property,
203 personal injury, or death, shall be subject to the li mitations
204 provided in s. 768.28.
205 Section 7. For the purpose of incorporating the amendment
206 made by this act to section 768.28, Florida Statutes, in a
207 reference thereto, subsection (13) of section 213.015, Florida
208 Statutes, is reenacted to read:
209 213.015 Taxpayer rights.—There is created a Florida
210 Taxpayer's Bill of Rights to guarantee that the rights, privacy,
211 and property of Florida taxpayers are adequately safeguarded and