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House Bill 0473

Florida House of Representatives - 1997 HB 473 By Representative Bitner 1 A bill to be entitled 2 An act relating to waiver of sovereign immunity 3 in tort actions; amending s. 768.28, F.S.; 4 prescribing time for submitting notice of a 5 claim to the Department of Insurance; 6 prohibiting actions against the state or its 7 agencies or subdivisions by persons who are 8 operating a motor vehicle while under the 9 influence of drugs or alcohol, by passengers in 10 a motor vehicle that is operated by a person 11 who is under the influence of drugs or alcohol, 12 and by persons using property without 13 permission or in an unintended manner; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (a) of subsection (6) of section 19 768.28, Florida Statutes, 1996 Supplement, is amended and 20 subsections (20) and (21) are added to that section to read: 21 768.28 Waiver of sovereign immunity in tort actions; 22 recovery limits; limitation on attorney fees; statute of 23 limitations; exclusions; indemnification; risk management 24 programs.-- 25 (6)(a) An action may not be instituted on a claim 26 against the state or one of its agencies or subdivisions 27 unless the claimant presents the claim in writing to the 28 appropriate agency, and also, except as to any claim against a 29 municipality or the Spaceport Florida Authority, presents such 30 claim in writing to the Department of Insurance, within 180 31 days 3 years after such claim accrues and the Department of 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 473 522-129-97 1 Insurance or the appropriate agency denies the claim in 2 writing; except that, if such claim is for contribution 3 pursuant to s. 768.31, it must be so presented within 6 months 4 after the judgment against the tortfeasor seeking contribution 5 has become final by lapse of time for appeal or after 6 appellate review or, if there is no such judgment, within 6 7 months after the tortfeasor seeking contribution has either 8 discharged the common liability by payment or agreed, while 9 the action is pending against him, to discharge the common 10 liability. 11 (20)(a) An action may not be brought against the state 12 or any of its agencies or subdivisions for civil damages for 13 wrongful death, personal injury, or injury to property by a 14 person who is driving or is in the actual physical control of 15 a motor vehicle on any street, road, highway, or other 16 property used or intended to be used by motor vehicles and 17 who: 18 1. Is under the influence of an alcoholic beverage, 19 any chemical substance specified in s. 877.111, or any 20 substance controlled under chapter 893 to the extent that such 21 person's normal faculties are impaired; or 22 2. Has a blood or breath alcohol level of 0.08 percent 23 or higher. 24 (b) An action may not be brought against the state or 25 any of its agencies or subdivisions for civil damages for 26 wrongful death, personal injury, or injury to property by a 27 passenger in a motor vehicle that is being operated by a 28 person who is driving or is in the actual physical control of 29 a motor vehicle on any street, road, highway, or other 30 property used or intended to be used by motor vehicles and 31 who: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 473 522-129-97 1 1. Is under the influence of an alcoholic beverage, 2 any chemical substance specified in s. 877.111, or any 3 substance controlled under chapter 893 to the extent that such 4 person's normal faculties are impaired; or 5 2. Has a blood or breath alcohol level of 0.08 percent 6 or higher. 7 (21) A person may not bring an action against the 8 state or any of its agencies or subdivisions for civil damages 9 for wrongful death, personal injury, or injury to property 10 occurring on its property unless that person is intended and 11 permitted by the state, the agency, or the subdivision to use 12 that property, and that person was exercising ordinary care 13 and using the property in a manner that was forseeable by the 14 state, the agency, or the subdivision. 15 Section 2. This act shall take effect upon becoming a 16 law. 17 18 ***************************************** 19 SENATE SUMMARY 20 Requires a claimant in an action against the state or its agencies or subdivisions to present the claim in writing 21 to the Department of Insurance within 180 days after such claim accrues. Prohibits actions against the state or 22 its agencies or subdivisions for civil damages for wrongful death, personal injury, or injury to property by 23 a person driving a motor vehicle or in actual physical control of a motor vehicle while under the influence of 24 alcohol or drugs. Prohibits such actions by passengers in a motor vehicle driven or in the actual physical 25 control of a person under the influence of alcohol or drugs. Prohibits actions against the state, its agencies, 26 or subdivisions by persons using the property of the state, its agencies or subdivisions without permission or 27 in an unintended manner. 28 29 30 31 3