| 1 | A bill to be entitled |
| 2 | An act relating to limitations on the waiver of sovereign |
| 3 | immunity; amending s. 768.28, F.S.; allowing a state |
| 4 | agency or subdivision to settle and pay a judgment in an |
| 5 | amount that exceeds the limits on the waiver, without |
| 6 | requiring a claim bill, if both parties agree to the |
| 7 | settlement; providing that such a settlement or payment |
| 8 | does not waive the agency's or subdivision's defense of |
| 9 | sovereign immunity or increase the limits of its |
| 10 | liability; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (5) of section 768.28, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 768.28 Waiver of sovereign immunity in tort actions; |
| 17 | recovery limits; limitation on attorney fees; statute of |
| 18 | limitations; exclusions; indemnification; risk management |
| 19 | programs.-- |
| 20 | (5) The state and its agencies and subdivisions shall be |
| 21 | liable for tort claims in the same manner and to the same extent |
| 22 | as a private individual under like circumstances, but liability |
| 23 | shall not include punitive damages or interest for the period |
| 24 | before judgment. Neither the state nor its agencies or |
| 25 | subdivisions shall be liable to pay a claim or a judgment by any |
| 26 | one person which exceeds the sum of $100,000 or any claim or |
| 27 | judgment, or portions thereof, which, when totaled with all |
| 28 | other claims or judgments paid by the state or its agencies or |
| 29 | subdivisions arising out of the same incident or occurrence, |
| 30 | exceeds the sum of $200,000. Notwithstanding the limited waiver |
| 31 | of sovereign immunity provided in this subsection, a claim may |
| 32 | be made and a judgment rendered in excess of these amounts, and |
| 33 | the claim or judgment may be settled and paid from insurance |
| 34 | proceeds or otherwise available funds in whole or in part by the |
| 35 | state or an agency or subdivision thereof, including for an |
| 36 | amount in excess of the limits of liability specified in this |
| 37 | subsection, without further act of the Legislature. However, if |
| 38 | the state or an agency or subdivision thereof does not agree to |
| 39 | pay that portion of a judgment rendered against it which is in |
| 40 | excess of the limits of liability specified in this subsection, |
| 41 | a judgment or judgments may be claimed and rendered in excess of |
| 42 | these amounts and may be settled and paid pursuant to this act |
| 43 | up to $100,000 or $200,000, as the case may be; and that portion |
| 44 | of the judgment which that exceeds these amounts may be reported |
| 45 | to the Legislature, but may be paid in part or in whole only by |
| 46 | further act of the Legislature. Neither Notwithstanding the |
| 47 | limited waiver of sovereign immunity provided herein, the state |
| 48 | or an agency or subdivision thereof may agree, within the limits |
| 49 | of insurance coverage provided, to settle a claim made or a |
| 50 | judgment rendered against it without further action by the |
| 51 | Legislature, but the state nor an or agency or subdivision |
| 52 | thereof shall not be deemed to have waived any defense of |
| 53 | sovereign immunity or to have increased the limits of its |
| 54 | liability as a result of its obtaining insurance coverage for |
| 55 | tortious acts in excess of the $100,000 or $200,000 waiver |
| 56 | provided above or as a result of its having agreed to a |
| 57 | settlement or to pay a judgment in an amount exceeding the |
| 58 | limitations of liability. The limitations of liability set forth |
| 59 | in this subsection shall apply to the state and its agencies and |
| 60 | subdivisions whether or not the state or its agencies or |
| 61 | subdivisions possessed sovereign immunity before July 1, 1974. |
| 62 | Section 2. This act shall take effect July 1, 2006. |