HB 995

1
A bill to be entitled
2An act relating to sovereign immunity; amending s. 768.28,
3F.S.; providing that a subdivision of the state may pay a
4judgment in excess of statutory limits on the waiver of
5sovereign immunity without an act of the Legislature if it
6so chooses; providing that such payment in excess of the
7limits does not waive the subdivision's defense of
8sovereign immunity or increase the limits of its
9liability; conforming provisions to changes made by the
10act; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (5) of section 768.28, Florida
15Statutes, is amended to read:
16     768.28  Waiver of sovereign immunity in tort actions;
17recovery limits; limitation on attorney fees; statute of
18limitations; exclusions; indemnification; risk management
19programs.--
20     (5)(a)  The state and its agencies and subdivisions shall
21be liable for tort claims in the same manner and to the same
22extent as a private individual under like circumstances, but
23liability shall not include punitive damages or interest for the
24period before judgment. Neither the state nor its agencies or
25subdivisions shall be liable to pay a claim or a judgment by any
26one person which exceeds the sum of $100,000 or any claim or
27judgment, or portions thereof, which, when totaled with all
28other claims or judgments paid by the state or its agencies or
29subdivisions arising out of the same incident or occurrence,
30exceeds the sum of $200,000. However, a judgment or judgments
31may be claimed and rendered in excess of these amounts and may
32be 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
34that exceeds these amounts may be reported to the Legislature,
35but may be paid in part or in whole only by further act of the
36Legislature. Notwithstanding the limited waiver of sovereign
37immunity provided in this paragraph herein, the state or an
38agency or subdivision thereof may agree, within the limits of
39insurance coverage provided, to settle a claim made or a
40judgment rendered against it without further action by the
41Legislature, but the state or agency or subdivision thereof
42shall not be deemed to have waived any defense of sovereign
43immunity or to have increased the limits of its liability as a
44result of its obtaining insurance coverage for tortious acts in
45excess of the $100,000 or $200,000 waiver provided above. The
46limitations of liability set forth in this paragraph subsection
47shall apply to the state and its agencies and subdivisions
48whether or not the state or its agencies or subdivisions
49possessed sovereign immunity before July 1, 1974.
50     (b)  A subdivision of the state shall be liable for tort
51claims in the same manner and to the same extent as a private
52individual under like circumstances, but liability shall not
53include punitive damages or interest for the period before
54judgment. A subdivision of the state shall not be liable to pay
55a 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,
57when totaled with all other claims or judgments paid by the
58subdivision of the state arising out of the same incident or
59occurrence, exceeds the sum of $200,000. However, a judgment or
60judgments may be claimed and rendered in excess of these amounts
61and 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
63the judgment that exceeds these amounts may be reported to the
64Legislature and paid in part or in whole by the subdivision from
65insurance proceeds or otherwise available funds without further
66action by the Legislature. However, if the subdivision does not
67agree to pay that portion of a judgment rendered against it
68which is in excess of the limits of the liability specified in
69this paragraph, in part or in whole, that portion of the
70judgment which exceeds those amounts and is not agreed to by the
71subdivision may be reported to the Legislature, but may be paid
72by the subdivision in part or in whole only by further act of
73the Legislature. The subdivision shall not be deemed to have
74waived any defense of sovereign immunity or to have increased
75the limits of its liability as a result of its obtaining
76insurance coverage for tortious acts in excess of the $100,000
77or $200,000 waiver provided above or as a result of its having
78agreed to a settlement or to pay a judgment in an amount
79exceeding the limits of liability set forth in this paragraph.
80The limitations of liability set forth in this paragraph shall
81apply to subdivisions whether or not the subdivision possessed
82sovereign immunity before July 1, 1974.
83     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.