| 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. Notwithstanding the |
| 60 | limited waiver of sovereign immunity provided in this paragraph, |
| 61 | a subdivision of the state may agree, within the limits of |
| 62 | insurance coverage provided or other available funds, to settle |
| 63 | a claim made or a judgment rendered against it without further |
| 64 | action by the Legislature. However, if the subdivision does not |
| 65 | agree to pay that portion of a settlement or a judgment rendered |
| 66 | against it which is in excess of the limits of liability |
| 67 | specified in this paragraph, in part or in whole, that portion |
| 68 | of the settlement or judgment which exceeds those amounts and is |
| 69 | not agreed to by the subdivision may be reported to the |
| 70 | Legislature, but may be paid by the subdivision in part or in |
| 71 | whole only by further act of the Legislature. The subdivision |
| 72 | shall not be deemed to have waived any defense of sovereign |
| 73 | immunity or to have increased the limits of its liability as a |
| 74 | result of its obtaining insurance coverage for tortious acts in |
| 75 | excess of the $100,000 or $200,000 waiver provided above or as a |
| 76 | result of its having agreed to a settlement or to pay a judgment |
| 77 | in an amount exceeding the limits of liability set forth in this |
| 78 | paragraph. The limitations of liability set forth in this |
| 79 | paragraph shall apply to subdivisions whether or not the |
| 80 | subdivision possessed sovereign immunity before July 1, 1974. |
| 81 | Section 2. This act shall take effect July 1, 2009. |