Senate Bill 0454

    Florida Senate - 1998                                   SB 454

    By Senator Gutman





    34-131-98

  1                      A bill to be entitled

  2         An act relating to waiver of sovereign

  3         immunity; amending s. 768.28, F.S.; providing a

  4         limited waiver of sovereign immunity for

  5         liability for torts committed by private prison

  6         guards; providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Subsections (1) and (2) of section 768.28,

11  Florida Statutes, are amended to read:

12         768.28  Waiver of sovereign immunity in tort actions;

13  recovery limits; limitation on attorney fees; statute of

14  limitations; exclusions; indemnification; risk management

15  programs.--

16         (1)  In accordance with s. 13, Art. X, State

17  Constitution, the state, for itself and for its agencies or

18  subdivisions, hereby waives sovereign immunity for liability

19  for torts, but only to the extent specified in this act.

20  Actions at law against the state or any of its agencies or

21  subdivisions to recover damages in tort for money damages

22  against the state or its agencies or subdivisions for injury

23  or loss of property, personal injury, or death caused by the

24  negligent or wrongful act or omission of any employee of the

25  agency or subdivision while acting within the scope of the

26  employee's office or employment under circumstances in which

27  the state or such agency or subdivision, if a private person,

28  would be liable to the claimant, under in accordance with the

29  general laws of this state, may be prosecuted subject to the

30  limitations specified in this act. Any Such action may be

31  brought in the county where the property in litigation is

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 454
    34-131-98




  1  located or, if the affected agency or subdivision has an

  2  office in such county for the transaction of its customary

  3  business, where the cause of action accrued.

  4         (2)  As used in this act, "state agencies or

  5  subdivisions" include the executive departments, the

  6  Legislature, the judicial branch (including public defenders),

  7  and the independent establishments of the state; counties and

  8  municipalities; and corporations and employees of

  9  corporations, including private prison guards, primarily

10  acting as instrumentalities or agencies of the state,

11  counties, or municipalities, including the Spaceport Florida

12  Authority.

13         Section 2.  This act shall take effect July 1, 1998.

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16                          SENATE SUMMARY

17    Provides a limited waiver of sovereign immunity for
      private prison guards.
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