1 | A bill to be entitled |
2 | An act relating to sovereign immunity; amending s. 768.28, |
3 | F.S.; providing that a subdivision of the state may pay a |
4 | judgment in excess of statutory limits on the waiver of |
5 | sovereign immunity without an act of the Legislature if it |
6 | so chooses; providing that such payment in excess of the |
7 | limits does not waive the subdivision's defense of |
8 | sovereign immunity or increase the limits of its |
9 | liability; conforming provisions to changes made by the |
10 | act; 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)(a) The state and its agencies and subdivisions shall |
21 | be liable for tort claims in the same manner and to the same |
22 | extent as a private individual under like circumstances, but |
23 | liability shall not include punitive damages or interest for the |
24 | period 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. However, a judgment or judgments |
31 | may be claimed and rendered in excess of these amounts and may |
32 | be settled and paid pursuant to this act up to $100,000 or |
33 | $200,000, as the case may be; and that portion of the judgment |
34 | that exceeds these amounts may be reported to the Legislature, |
35 | but may be paid in part or in whole only by further act of the |
36 | Legislature. Notwithstanding the limited waiver of sovereign |
37 | immunity provided in this paragraph herein, the state or an |
38 | agency or subdivision thereof may agree, within the limits of |
39 | insurance coverage provided, to settle a claim made or a |
40 | judgment rendered against it without further action by the |
41 | Legislature, but the state or agency or subdivision thereof |
42 | shall not be deemed to have waived any defense of sovereign |
43 | immunity or to have increased the limits of its liability as a |
44 | result of its obtaining insurance coverage for tortious acts in |
45 | excess of the $100,000 or $200,000 waiver provided above. The |
46 | limitations of liability set forth in this paragraph subsection |
47 | shall apply to the state and its agencies and subdivisions |
48 | whether or not the state or its agencies or subdivisions |
49 | possessed sovereign immunity before July 1, 1974. |
50 | (b) A subdivision of the state shall be liable for tort |
51 | claims in the same manner and to the same extent as a private |
52 | individual under like circumstances, but liability shall not |
53 | include punitive damages or interest for the period before |
54 | judgment. A subdivision of the state shall not be liable to pay |
55 | a claim or a judgment by any one person which exceeds the sum of |
56 | $100,000 or any claim or judgment, or portions thereof, which, |
57 | when totaled with all other claims or judgments paid by the |
58 | subdivision of the state arising out of the same incident or |
59 | occurrence, exceeds the sum of $200,000. However, a judgment or |
60 | judgments may be claimed and rendered in excess of these amounts |
61 | and may be settled and paid pursuant to this paragraph up to |
62 | $100,000 or $200,000, as the case may be; and that portion of |
63 | the judgment that exceeds these amounts may be reported to the |
64 | Legislature and paid in part or in whole by the subdivision from |
65 | insurance proceeds or otherwise available funds without further |
66 | action by the Legislature. However, if the subdivision does not |
67 | agree to pay that portion of a judgment rendered against it |
68 | which is in excess of the limits of the liability specified in |
69 | this paragraph, in part or in whole, that portion of the |
70 | judgment which exceeds those amounts and is not agreed to by the |
71 | subdivision may be reported to the Legislature, but may be paid |
72 | by the subdivision in part or in whole only by further act of |
73 | the Legislature. The subdivision shall not be deemed to have |
74 | waived any defense of sovereign immunity or to have increased |
75 | the limits of its liability as a result of its obtaining |
76 | insurance coverage for tortious acts in excess of the $100,000 |
77 | or $200,000 waiver provided above or as a result of its having |
78 | agreed to a settlement or to pay a judgment in an amount |
79 | exceeding the limits of liability set forth in this paragraph. |
80 | The limitations of liability set forth in this paragraph shall |
81 | apply to subdivisions whether or not the subdivision possessed |
82 | sovereign immunity before July 1, 1974. |
83 | Section 2. This act shall take effect July 1, 2009. |