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A bill to be entitled

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An act relating to sovereign immunity; amending s.

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768.28, F.S.; revising procedures for recovery from the

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state and its agencies and political subdivisions under

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a tort action; authorizing the payment of claims in

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excess of statutory caps from sources other than the

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General Revenue Fund without an act of the Legislature;

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authorizing the court to order payment of excess

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judgment amounts; providing for the presentation of

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evidence by the parties as to why unpaid excess judgment

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amounts should or should not be paid; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (5) of section 768.28, Florida

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Statutes, is amended to read:

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     768.28  Waiver of sovereign immunity in tort actions;

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recovery limits; limitation on attorney fees; statute of

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limitations; exclusions; indemnification; risk management

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programs.--

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     (5)(a) The state and its agencies and subdivisions are

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shall be liable for tort claims in the same manner and to the

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same extent as a private individual under like circumstances, but

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liability does shall not include punitive damages or interest for

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the period before judgment. Except as otherwise provided in this

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subsection, neither the state nor its agencies or subdivisions

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are shall be liable to pay a claim or a judgment by any one

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person which exceeds the sum of $100,000 or any claim or

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judgment, or portions thereof, which, when totaled with all other

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claims or judgments paid by the state or its agencies or

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subdivisions arising out of the same incident or occurrence,

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exceeds the sum of $200,000.

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(b)1. With regard to any claim that, if paid, would be

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required to be paid directly from the General Revenue Fund of the

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state However, a judgment or judgments may be claimed and

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rendered in excess of the these amounts specified in paragraph

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(a) and may be settled and paid pursuant to this act up to the

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amounts specified in paragraph (a), $100,000 or $200,000, as the

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case may be; and that portion of the judgment which that exceeds

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these amounts may be reported to the Legislature, but may be paid

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in part or in whole only by further act of the Legislature.

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Notwithstanding the limited waiver of sovereign immunity provided

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herein, the state or an agency or subdivision thereof may agree,

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within the limits of insurance coverage provided, to settle a

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claim made or a judgment rendered against it without further

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action by the Legislature, but the state or agency or subdivision

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thereof shall not be deemed to have waived any defense of

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sovereign immunity or to have increased the limits of its

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liability as a result of its obtaining insurance coverage for

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tortious acts in excess of the $100,000 or $200,000 waiver

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provided above.

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     2. With regard to any claim that, if paid, would not be

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required to be paid directly from the General Revenue Fund of the

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state, a judgment or judgments may be claimed and rendered in

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excess of the amounts specified in paragraph (a) and may be

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settled and paid pursuant to this act by the state or an agency

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or subdivision thereof without regard to the limits specified in

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paragraph (a). When a final judgment provides for an award in

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excess of the amounts specified in paragraph (a) and the state or

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agency or subdivision thereof against whom the judgment was

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rendered does not agree to settle or pay the excess amount of the

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judgment, the court having jurisdiction over the matter, upon due

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consideration of evidence submitted by the parties as to why the

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unpaid excess part of the judgment should or should not be paid,

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may order payment of the unpaid excess amount in full or in part.

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     (c) The state or an agency or subdivision thereof may not

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be deemed to have waived any defense of sovereign immunity or to

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have increased the limits of its liability as a result of its

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obtaining insurance coverage for tortious acts in excess of the

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amounts specified in paragraph (a).

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     (d) The limitations of liability set forth in this

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subsection shall apply to the state and its agencies and

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subdivisions whether or not the state or its agencies or

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subdivisions possessed sovereign immunity before July 1, 1974.

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     Section 2.  This act shall take effect July 1, 2008, and

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applies to causes of action that accrue on or after that date.