The bill amends section 768.28 of the Florida Statutes to increase the liability limits for the state and its agencies in tort claims, raising the cap for individual claims from $200,000 to $350,000 and for total claims from $300,000 to $500,000 per incident. It introduces a new requirement for claimants to submit their claims in writing to the relevant agency and the Department of Financial Services within 18 months of the claim accruing. Additionally, if the Department or agency does not make a final decision on a claim within four months, it will be considered a final denial. The bill also clarifies that state officers and employees are not personally liable for torts committed within the scope of their employment unless they acted in bad faith or with malicious intent.

Moreover, the bill includes provisions that establish specific time limits for filing claims against the state, such as a two-year limit for negligence claims, while allowing claims related to minors to be filed at any time if not time-barred. It also addresses liability for public agencies and private landowners during emergencies, ensuring protection from liability unless gross negligence is proven. The bill modifies indemnification provisions for municipalities and their employees, allowing indemnification for actions taken within the scope of employment under the Clean Air Act. Overall, the bill aims to clarify and strengthen the legal framework surrounding liability and indemnification for state and local government entities in Florida, while ensuring that the state can effectively manage risk through insurance and self-insurance programs.

Statutes affected:
S 1366 Filed: 768.28, 29.0081, 39.8297, 343.811, 944.713
S 1366 c1: 768.28, 29.0081, 39.8297, 343.811, 944.713