Florida Senate - 2018 SB 814
By Senator Hukill
14-00617-18 2018814__
1 A bill to be entitled
2 An act relating to the court of claims; providing a
3 directive to the Division of Law Revision and
4 Information; creating s. 36.23, F.S.; providing a
5 short title; creating s. 36.24, F.S.; establishing the
6 Court of Claims; providing for venue; specifying that
7 the court is headed by the Chief Judge of the Court of
8 Claims; requiring the Governor to appoint court of
9 claims judges from nominees recommended by a judicial
10 nominating commission; providing that appointments to
11 the court of claims are subject to Senate
12 confirmation; authorizing the Governor to make
13 temporary appointments to the court under certain
14 circumstances; requiring a court of claims judge to
15 reapply to the judicial nominating commission if
16 seeking reappointment; creating s. 36.25, F.S.;
17 providing for jurisdiction, procedure, and appeal of
18 judgments and orders of the Court of Claims; providing
19 for staggered terms for initial appointments to the
20 judicial nominating commission and the Court of
21 Claims; providing applicability; amending ss. 11.02,
22 11.047, 25.382, 409.993, and 768.28, F.S.; conforming
23 provisions to changes made by the act; repealing s.
24 11.065, F.S., relating to claims against the state;
25 providing a contingent effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. The Division of Law Revision and Information is
30 directed to entitle chapter 36, Florida Statutes, as “Court of
31 Claims.”
32 Section 2. Section 36.23, Florida Statutes, is created to
33 read:
34 36.23 Short title.—Sections 36.23-36.25 may be cited as the
35 “Court of Claims Act.”
36 Section 3. Section 36.24, Florida Statutes, is created to
37 read:
38 36.24 Court of Claims established.—
39 (1) Effective July 1, 2020, the Court of Claims is
40 established. The court shall be located in Leon County. The
41 court shall consist of three judges and be headed by the Chief
42 Judge of the Court of Claims. A person may not serve as a court
43 of claims judge unless he or she has been a member of The
44 Florida Bar in good standing for the previous 5 years. A court
45 of claims judge may not engage in the private practice of law
46 during his or her term of office.
47 (2) The Governor shall appoint a court of claims judge from
48 a list of three persons nominated by a judicial nominating
49 commission for the Court of Claims. Of the three judges, the
50 Governor shall designate one judge as the Chief Judge of the
51 Court of Claims. A court of claims judge shall be appointed for
52 a term of 4 years. The judicial nominating commission shall be
53 governed in accordance with s. 43.291.
54 (3) Each initial appointment of a court of claims judge,
55 including the chief judge, is subject to confirmation by the
56 Senate. If the Senate votes to not confirm the appointment, the
57 judicial nominating commission must reconvene as though a new
58 vacancy had occurred. The commission may not renominate a person
59 whose prior appointment to fill the same vacancy was not
60 confirmed by the Senate. A court of claims judge is not subject
61 to Senate confirmation if reappointed to subsequent terms of
62 office without any break in service.
63 (4) If a vacancy for a court of claims judge occurs while
64 the Senate is not in session, the Governor may make a temporary
65 appointment to fill such vacancy until the Legislature
66 reconvenes for session.
67 (5) A court of claims judge who wishes to seek
68 reappointment must reapply to the judicial nominating commission
69 before the expiration of his or her term of office.
70 Section 4. Section 36.25, Florida Statutes, is created to
71 read:
72 36.25 Jurisdiction; procedure.—
73 (1) The Court of Claims has jurisdiction to hear claims
74 against the state or any of its agencies or subdivisions for
75 tort actions for which sovereign immunity has been waived in
76 which a claimant is seeking to satisfy payment of a judgment in
77 excess of the limitations on damages imposed in s. 768.28(5).
78 (2) An action against the state or any of its agencies or
79 subdivisions shall be heard and determined by a panel of three
80 judges. Concurrence of two members of the panel is necessary for
81 any judgment or order.
82 (3) Any judgment or order entered by the Court of Claims
83 may be appealed to the First District Court of Appeal.
84 Section 5. (1) In order to achieve staggered terms among
85 initial appointments to the judicial nominating commission for
86 the Court of Claims, the Governor shall appoint members to the
87 commission in the following manner:
88 (a) Of the four members appointed by the Governor selected
89 from nominations submitted by the Board of Governors of The
90 Florida Bar:
91 1. Two appointments for terms ending July 1, 2020.
92 2. Two appointments for terms ending July 1, 2022.
93 (b) Of the five members appointed directly by the Governor:
94 1. One appointment for a term ending July 1, 2020.
95 2. Two appointments for terms ending July 1, 2021.
96 3. Two appointments for terms ending July 1, 2023.
97 (2) The judicial nominating commission shall submit its
98 recommendations for nominees to the Court of Claims to the
99 Governor by January 1, 2020. The Governor shall submit initial
100 appointments for the Court of Claims to the Senate for
101 consideration in the 2020 Regular Session of the Legislature.
102 (3) In order to achieve staggered terms among the court of
103 claims judges first appointed, one judge shall be appointed to a
104 2-year term beginning July 1, 2020, one judge shall be appointed
105 to a 3-year term beginning July 1, 2020, and the chief judge
106 shall be appointed to a 4-year term beginning July 1, 2020.
107 Section 6. Any tort claim brought against the state or its
108 agencies or subdivisions for which sovereign immunity has been
109 waived pursuant to s. 768.28, Florida Statutes, before July 1,
110 2020, shall continue to be governed by the laws in effect on the
111 date that such claim was filed. Judgments in excess of the
112 limitations on damages imposed in s. 768.28(5), Florida
113 Statutes, from a tort claim brought before July 1, 2020, may be
114 submitted to the Legislature in accordance with s. 11.065,
115 Florida Statutes.
116 Section 7. Section 11.02, Florida Statutes, is amended to
117 read:
118 11.02 Notice of special or local legislation or certain
119 relief acts.—The notice required to obtain special or local
120 legislation or any relief act specified in s. 11.065 shall be by
121 publishing the identical notice in each county involved in some
122 newspaper as defined in chapter 50 published in or circulated
123 throughout the county or counties where the matter or thing to
124 be affected by such legislation shall be situated one time at
125 least 30 days before introduction of the proposed law into the
126 Legislature or, there being no newspaper circulated throughout
127 or published in the county, by posting for at least 30 days at
128 not less than three public places in the county or each of the
129 counties, one of which places shall be at the courthouse in the
130 county or counties where the matter or thing to be affected by
131 such legislation shall be situated. Notice of special or local
132 legislation shall state the substance of the contemplated law,
133 as required by s. 10, Art. III of the State Constitution. Notice
134 of any relief act specified in s. 11.065 shall state the name of
135 the claimant, the nature of the injury or loss for which the
136 claim is made, and the amount of the claim against the affected
137 municipality’s revenue-sharing trust fund.
138 Section 8. Subsection (2) of section 11.047, Florida
139 Statutes, is amended to read:
140 11.047 Contingency fees; prohibitions; penalties.—
141 (2) No person may, in whole or in part, pay, give, or
142 receive, or agree to pay, give, or receive, a contingency fee.
143 However, this subsection does not apply to claims bills.
144 Section 9. Subsection (1) of section 25.382, Florida
145 Statutes, is amended to read:
146 25.382 State courts system.—
147 (1) As used in this section, “state courts system” means
148 all officers, employees, and divisions of the Supreme Court,
149 district courts of appeal, the Court of Claims, circuit courts,
150 and county courts.
151 Section 10. Paragraph (a) of subsection (2) and paragraph
152 (a) of subsection (3) of section 409.993, Florida Statutes, are
153 amended to read:
154 409.993 Lead agencies and subcontractor liability.—
155 (2) LEAD AGENCY LIABILITY.—
156 (a) Other than an entity to which s. 768.28 applies, an
157 eligible community-based care lead agency, or its employees or
158 officers, except as otherwise provided in paragraph (b), shall,
159 as a part of its contract, obtain a minimum of $1 million per
160 occurrence with a policy period aggregate limit of $3 million in
161 general liability insurance coverage. The lead agency must also
162 require that staff who transport client children and families in
163 their personal automobiles in order to carry out their job
164 responsibilities obtain minimum bodily injury liability
165 insurance in the amount of $100,000 per person per any one
166 automobile accident, and subject to such limits for each person,
167 $300,000 for all damages resulting from any one automobile
168 accident, on their personal automobiles. In lieu of personal
169 motor vehicle insurance, the lead agency’s casualty, liability,
170 or motor vehicle insurance carrier may provide nonowned
171 automobile liability coverage. This insurance provides liability
172 insurance for an automobile that the lead agency uses in
173 connection with the lead agency’s business but does not own,
174 lease, rent, or borrow. This coverage includes an automobile
175 owned by an employee of the lead agency or a member of the
176 employee’s household but only while the automobile is used in
177 connection with the lead agency’s business. The nonowned
178 automobile coverage for the lead agency applies as excess
179 coverage over any other collectible insurance. The personal
180 automobile policy for the employee of the lead agency shall be
181 primary insurance, and the nonowned automobile coverage of the
182 lead agency acts as excess insurance to the primary insurance.
183 The lead agency shall provide a minimum limit of $1 million in
184 nonowned automobile coverage. In a tort action brought against
185 such a lead agency or employee, net economic damages shall be
186 limited to $2 million per liability claim and $200,000 per
187 automobile claim, including, but not limited to, past and future
188 medical expenses, wage loss, and loss of earning capacity,
189 offset by any collateral source payment paid or payable. In any
190 tort action brought against a lead agency, noneconomic damages
191 shall be limited to $400,000 per claim. An action A claims bill
192 may be brought on behalf of a claimant pursuant to s. 768.28 in
193 the Court of Claims for any amount exceeding the limits
194 specified in this paragraph. Any offset of collateral source
195 payments made as of the date of the settlement or judgment shall
196 be in accordance with s. 768.76. The lead agency is not liable
197 in tort for the acts or omissions of its subcontractors or the
198 officers, agents, or employees of its subcontractors.
199 (3) SUBCONTRACTOR LIABILITY.—
200 (a) A subcontractor of an eligible community-based care
201 lead agency that is a direct provider of foster care and related
202 services to children and families, and its employees or
203 officers, except as otherwise provided in paragraph (b), must,
204 as a part of its contract, obtain a minimum of $1 million per
205 occurrence with a policy period aggregate limit of $3 million in
206 general liability insurance coverage. The subcontractor of a
207 lead agency must also require that staff who transport client
208 children and families in their personal automobiles in order to
209 carry out their job responsibilities obtain minimum bodily
210 injury liability insurance in the amount of $100,000 per person
211 in any one automobile accident, and subject to such limits for
212 each person, $300,000 for all damages resulting from any one
213 automobile accident, on their personal automobiles. In lieu of
214 personal motor vehicle insurance, the subcontractor’s casualty,
215 liability, or motor vehicle insurance carrier may provide
216 nonowned automobile liability coverage. This insurance provides
217 liability insurance for automobiles that the subcontractor uses
218 in connection with the subcontractor’s business but does not
219 own, lease, rent, or borrow. This coverage includes automobiles
220 owned by the employees of the subcontractor or a member of the
221 employee’s household but only while the automobiles are used in
222 connection with the subcontractor’s business. The nonowned
223 automobile coverage for the subcontractor applies as excess
224 coverage over any other collectible insurance. The personal
225 automobile policy for the employee of the subcontractor shall be
226 primary insurance, and the nonowned automobile coverage of the
227 subcontractor acts as excess insurance to the primary insurance.
228 The subcontractor shall provide a minimum limit of $1 million in
229 nonowned automobile coverage. In a tort action brought against
230 such subcontractor or employee, net economic damages shall be
231 limited to $2 million per liability claim and $200,000 per
232 automobile claim, including, but not limited to, past and future
233 medical expenses, wage loss, and loss of earning capacity,
234 offset by any collateral source payment paid or payable. In a
235 tort action brought against such subcontractor, noneconomic
236 damages shall be limited to $400,000 per claim. An action A
237 claims bill may be brought on behalf of a claimant pursuant to
238 s. 768.28 in the Court of Claims for any amount exceeding the
239 limits specified in this paragraph. Any offset of collateral
240 source payments made as of the date of the settlement or
241 judgment shall be in accordance with s. 768.76.
242 Section 11. Subsection (5) of section 768.28, Florida
243 Statutes, is amended to read:
244 768.28 Waiver of sovereign immunity in tort actions;
245 recovery limits; limitation on attorney fees; statute of
246 limitations; exclusions; indemnification; risk management
247 programs.—
248 (5) The state and its agencies and subdivisions shall be
249 liable for tort claims in the same manner and to the same extent
250 as a private individual under like circumstances, but liability
251 shall not include punitive damages or interest for the period
252 before judgment. Neither the state nor its agencies or
253 subdivisions shall be liable to pay a claim or a judgment by any
254 one person which exceeds the sum of $200,000 or any claim or
255 judgment, or portions thereof, which, when totaled with all
256 other claims or judgments paid by the state or its agencies or
257 subdivisions arising out of the same incident or occurrence,
258 exceeds the sum of $300,000. However, a judgment or judgments
259 may be claimed and rendered in excess of these amounts and may
260 be settled and paid pursuant to this act up to $200,000 or
261 $300,000, as the case may be; and that portion of the judgment
262 that exceeds these amounts may be reported to the Legislature,
263 but may be paid in part or in whole only by a judgment of the
264 Court of Claims further act of the Legislature. Notwithstanding
265 the limited waiver of sovereign immunity provided herein, the
266 state or an agency or subdivision thereof may agree, within the
267 limits of insurance coverage provided, to settle a claim made or
268 a judgment rendered against it without further action by the
269 Legislature, but the state or agency or subdivision thereof
270 shall not be deemed to have waived any defense of sovereign
271 immunity or to have increased the limits of its liability as a
272 result of its obtaining insurance coverage for tortious acts in
273 excess of the $200,000 or $300,000 waiver provided above. The
274 limitations of liability set forth in this subsection shall
275 apply to the state and its agencies and subdivisions whether or
276 not the state or its agencies or subdivisions possessed
277 sovereign immunity before July 1, 1974.
278 Section 12. Section 11.065, Florida Statutes, is repealed.
279 Section 13. This act shall take effect on the effective
280 date of the amendment to the State Constitution proposed by SJR
281 __ or a similar joint resolution having substantially the same
282 specific intent or purpose, if such amendment to the State
283 Constitution is approved at the general election held in
284 November 2018 or at an earlier special election specifically
285 authorized by law.