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.