Senate Bill sb0644
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Florida Senate - 2006 SB 644
By Senator Campbell
32-236A-06
1 A bill to be entitled
2 An act relating to limitations on the waiver of
3 sovereign immunity; amending s. 768.28, F.S.;
4 allowing a state agency or subdivision to
5 settle and pay a judgment in an amount that
6 exceeds the limits on the waiver, without
7 requiring a claim bill, if both parties agree
8 to the settlement; providing that such a
9 settlement or payment does not waive the
10 agency's or subdivision's defense of sovereign
11 immunity or increase the limits of its
12 liability; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (5) of section 768.28, Florida
17 Statutes, is amended to read:
18 768.28 Waiver of sovereign immunity in tort actions;
19 recovery limits; limitation on attorney fees; statute of
20 limitations; exclusions; indemnification; risk management
21 programs.--
22 (5) The state and its agencies and subdivisions shall
23 be liable for tort claims in the same manner and to the same
24 extent as a private individual under like circumstances, but
25 liability shall not include punitive damages or interest for
26 the period before judgment. Neither the state nor its
27 agencies or subdivisions shall be liable to pay a claim or a
28 judgment by any one person which exceeds the sum of $100,000
29 or any claim or judgment, or portions thereof, which, when
30 totaled with all other claims or judgments paid by the state
31 or its agencies or subdivisions arising out of the same
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Florida Senate - 2006 SB 644
32-236A-06
1 incident or occurrence, exceeds the sum of $200,000.
2 Notwithstanding the limited waiver of sovereign immunity
3 provided in this subsection, a claim may be made and a
4 judgment rendered in excess of these amounts, and the claim or
5 judgment may be settled and paid from insurance proceeds or
6 otherwise available funds in whole or in part by the state or
7 an agency or subdivision thereof, including for an amount in
8 excess of the limits of liability specified in this
9 subsection, without further act of the Legislature. However,
10 if the state or an agency or subdivision thereof does not
11 agree to pay that portion of a judgment rendered against it
12 which is in excess of the limits of liability specified in
13 this subsection, a judgment or judgments may be claimed and
14 rendered in excess of these amounts and may be settled and
15 paid pursuant to this act up to $100,000 or $200,000, as the
16 case may be; and that portion of the judgment which that
17 exceeds these amounts may be reported to the Legislature, but
18 may be paid in part or in whole only by further act of the
19 Legislature. Neither Notwithstanding the limited waiver of
20 sovereign immunity provided herein, the state or an agency or
21 subdivision thereof may agree, within the limits of insurance
22 coverage provided, to settle a claim made or a judgment
23 rendered against it without further action by the Legislature,
24 but the state nor an or agency or subdivision thereof shall
25 not be deemed to have waived any defense of sovereign immunity
26 or to have increased the limits of its liability as a result
27 of its obtaining insurance coverage for tortious acts in
28 excess of the $100,000 or $200,000 waiver provided above or as
29 a result of its having agreed to a settlement or to pay a
30 judgment in an amount exceeding the limitations of liability.
31 The limitations of liability set forth in this subsection
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 644
32-236A-06
1 shall apply to the state and its agencies and subdivisions
2 whether or not the state or its agencies or subdivisions
3 possessed sovereign immunity before July 1, 1974.
4 Section 2. This act shall take effect July 1, 2006.
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7 SENATE SUMMARY
8 Allows a state agency or subdivision to settle and pay a
judgment in an amount that exceeds the limits on the
9 waiver of sovereign immunity which are set forth in s.
768.28, F.S., without requiring a claim bill, if both
10 parties agree to the settlement. Provides that such a
settlement or payment does not waive the defense of
11 sovereign immunity or increase the agency's limits of
liability.
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