CODING: Words stricken are deletions; words underlined are additions.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:
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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
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Florida House of Representatives - 1997 HB 473
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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:
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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.
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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.
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