The bill amends Section 768.28 of the Florida Statutes, which governs claims against the government, by increasing the liability limits for tort claims against the state and its agencies. The maximum liability for a single claim is raised from $200,000 to $300,000, and for multiple claims arising from the same incident, it increases from $300,000 to $450,000. Additionally, the bill mandates that the Department of Financial Services adjust these limits every five years based on the Consumer Price Index, with a cap of 3% per adjustment period. The time frame for presenting claims is reduced from three years to 18 months, and the bill clarifies that the limitations in effect at the time a claim accrues will apply. It also includes provisions for attorney fees, appeals, and indemnification for state agencies and their contractors.

Moreover, the bill introduces new insurance and liability provisions for various entities, including lead agencies involved in community-based care and subcontractors providing foster care services. It requires lead agencies to maintain a minimum of $1 million in nonowned automobile coverage and sets damage caps for tort actions against them. Subcontractors are also required to obtain similar insurance coverage and are subject to the same damage limits. The bill emphasizes that these provisions do not classify contracted service providers as state employees for workers' compensation purposes and maintains the state's sovereign immunity. Overall, the bill aims to modernize the legal framework surrounding tort claims and liability for state agencies while ensuring adequate protections and insurance coverage for public and private entities involved in providing services.

Statutes affected:
S 1366 Filed: 768.28, 29.0081, 39.8297, 343.811, 944.713