Florida Senate - 2023 SB 604



By Senator Gruters





22-00536A-23 2023604__
1 A bill to be entitled
2 An act relating to sovereign immunity; amending s.
3 768.28, F.S.; increasing the statutory limits on
4 liability for tort claims against the state and its
5 agencies and subdivisions; prohibiting an insurance
6 policy from conditioning payment of benefits on the
7 enactment of a claim bill; specifying that the
8 limitations in effect on the date a final judgment is
9 entered apply to that claim; requiring the Department
10 of Financial Services to adjust the limitations on
11 tort liability every year after a specified date;
12 revising exceptions relating to instituting actions on
13 claims against the state or one of its agencies and to
14 the statute of limitations for such claims; reenacting
15 ss. 45.061, 110.504, 111.071, 163.01, 190.043,
16 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
17 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251,
18 381.0056, 393.075, 395.1055, 403.706, 409.993,
19 455.221, 455.32, 456.009, 456.076, 471.038, 472.006,
20 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491,
21 723.0611, 760.11, 766.1115, 766.112, 768.1355,
22 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33,
23 1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24,
24 and 1006.261, F.S., to incorporate the amendments made
25 to s. 768.28, F.S., in references thereto; providing
26 applicability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (5), paragraph (a) of subsection (6),
31 and subsection (14) of section 768.28, Florida Statutes, are
32 amended to read:
33 768.28 Waiver of sovereign immunity in tort actions;
34 recovery limits; civil liability for damages caused during a
35 riot; limitation on attorney fees; statute of limitations;
36 exclusions; indemnification; risk management programs.—
37 (5)(a) The state and its agencies and subdivisions shall be
38 liable for tort claims in the same manner and to the same extent
39 as a private individual under like circumstances, but liability
40 shall not include punitive damages or interest for the period
41 before judgment. Neither the state nor its agencies or
42 subdivisions shall be liable to pay a claim or a judgment by any
43 one person which exceeds the sum of $400,000 $200,000 or any
44 claim or judgment, or portions thereof, which, when totaled with
45 all other claims or judgments paid by the state or its agencies
46 or subdivisions arising out of the same incident or occurrence,
47 exceeds the sum of $600,000 $300,000. However, a judgment or
48 judgments may be claimed and rendered in excess of these amounts
49 and may be settled and paid pursuant to this act up to $400,000
50 or $600,000 $200,000 or $300,000, as the case may be; and that
51 portion of the judgment that exceeds these amounts may be
52 reported to the Legislature, and but may be paid in part or in
53 whole only by further act of the Legislature.
54 (b) Notwithstanding the limited waiver of sovereign
55 immunity provided in paragraph (a) herein, the state or an
56 agency or subdivision thereof may agree, within the limits of
57 insurance coverage provided, to settle a claim made or a
58 judgment rendered against it in excess of the waiver provided in
59 paragraph (a) without further action by the Legislature, but the
60 state or agency or subdivision thereof shall not be deemed to
61 have waived any defense of sovereign immunity or to have
62 increased the limits of its liability as a result of its
63 obtaining insurance coverage for tortious acts in excess of the
64 $200,000 or $300,000 waiver provided in paragraph (a). An
65 insurance policy may not condition the payment of benefits, in
66 whole or in part, on the enactment of a claim bill above.
67 (c) The limitations of liability set forth in this
68 subsection shall apply to the state and its agencies and
69 subdivisions whether or not the state or its agencies or
70 subdivisions possessed sovereign immunity before July 1, 1974.
71 (d)(b) A municipality has a duty to allow the municipal law
72 enforcement agency to respond appropriately to protect persons
73 and property during a riot or an unlawful assembly based on the
74 availability of adequate equipment to its municipal law
75 enforcement officers and relevant state and federal laws. If the
76 governing body of a municipality or a person authorized by the
77 governing body of the municipality breaches that duty, the
78 municipality is civilly liable for any damages, including
79 damages arising from personal injury, wrongful death, or
80 property damages proximately caused by the municipality’s breach
81 of duty. The sovereign immunity recovery limits in paragraph (a)
82 do not apply to an action under this paragraph.
83 (e) When determining liability limits for a claim, the
84 limitations of liability in effect on the date a final judgment
85 is entered shall apply to the claim.
86 (f) Beginning July 1, 2024, and every July 1 thereafter,
87 the Department of Financial Services shall adjust the
88 limitations of liability in this subsection to reflect changes
89 in the Consumer Price Index for the Southeast or a successor
90 index as calculated by the United States Department of Labor.
91 (6)(a) An action may not be instituted on a claim against
92 the state or one of its agencies or subdivisions unless the
93 claimant presents the claim in writing to the appropriate
94 agency, and also, except as to any claim against a municipality,
95 county, or the Florida Space Authority, presents such claim in
96 writing to the Department of Financial Services, within 3 years
97 after such claim accrues and the Department of Financial
98 Services or the appropriate agency denies the claim in writing;
99 except that, if:
100 1. Such claim is for contribution pursuant to s. 768.31, it
101 must be so presented within 6 months after the judgment against
102 the tortfeasor seeking contribution has become final by lapse of
103 time for appeal or after appellate review or, if there is no
104 such judgment, within 6 months after the tortfeasor seeking
105 contribution has either discharged the common liability by
106 payment or agreed, while the action is pending against her or
107 him, to discharge the common liability; or
108 2. Such action is for wrongful death, the claimant must
109 present the claim in writing to the Department of Financial
110 Services within 2 years after the claim accrues; or
111 3. Such action arises from a violation of s. 794.011
112 involving a victim who was younger than the age of 16 at the
113 time of the act, the claimant may present the claim in writing
114 at any time pursuant to s. 95.11(9).
115 (14) Every claim against the state or one of its agencies
116 or subdivisions for damages for a negligent or wrongful act or
117 omission pursuant to this section shall be forever barred unless
118 the civil action is commenced by filing a complaint in the court
119 of appropriate jurisdiction within 4 years after such claim
120 accrues; except that:
121 (a) An action for contribution must be commenced within the
122 limitations provided in s. 768.31(4);, and
123 (b) An action for damages arising from medical malpractice
124 or wrongful death must be commenced within the limitations for
125 such actions in s. 95.11(4); and
126 (c) An action arising from acts constituting a violation of
127 s. 794.011 involving a victim who was younger than the age of 16
128 at the time of the act may be commenced at any time pursuant to
129 s. 95.11(9).
130 Section 2. Sections 45.061, 110.504, 111.071, 163.01,
131 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
132 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
133 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009,
134 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
135 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355,
136 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333,
137 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261,
138 Florida Statutes, are reenacted for the purpose of incorporating
139 the amendments made by this act to s. 768.28, Florida Statutes,
140 in references thereto.
141 Section 3. This act applies to claims accruing on or after
142 October 1, 2023.
143 Section 4. This act shall take effect October 1, 2023.