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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    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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