| 1 | A bill to be entitled |
| 2 | An act relating to sovereign immunity; amending s. 768.28, |
| 3 | F.S.; increasing the statutory limits on liability for |
| 4 | tort claims against the state and its agencies and |
| 5 | subdivisions; providing for application of the act to |
| 6 | claims arising on or after the effective date; providing |
| 7 | an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (5) of section 768.28, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 768.28 Waiver of sovereign immunity in tort actions; |
| 14 | recovery limits; limitation on attorney fees; statute of |
| 15 | limitations; exclusions; indemnification; risk management |
| 16 | programs.- |
| 17 | (5) The state and its agencies and subdivisions shall be |
| 18 | liable for tort claims in the same manner and to the same extent |
| 19 | as a private individual under like circumstances, but liability |
| 20 | shall not include punitive damages or interest for the period |
| 21 | before judgment. Neither the state nor its agencies or |
| 22 | subdivisions shall be liable to pay a claim or a judgment by any |
| 23 | one person which exceeds the sum of $200,000 $100,000 or any |
| 24 | claim or judgment, or portions thereof, which, when totaled with |
| 25 | all other claims or judgments paid by the state or its agencies |
| 26 | or subdivisions arising out of the same incident or occurrence, |
| 27 | exceeds the sum of $300,000 $200,000. However, a judgment or |
| 28 | judgments may be claimed and rendered in excess of these amounts |
| 29 | and may be settled and paid pursuant to this act up to $200,000 |
| 30 | $100,000 or $300,000 $200,000, as the case may be; and that |
| 31 | portion of the judgment that exceeds these amounts may be |
| 32 | reported to the Legislature, but may be paid in part or in whole |
| 33 | only by further act of the Legislature. Notwithstanding the |
| 34 | limited waiver of sovereign immunity provided herein, the state |
| 35 | or an agency or subdivision thereof may agree, within the limits |
| 36 | of insurance coverage provided, to settle a claim made or a |
| 37 | judgment rendered against it without further action by the |
| 38 | Legislature, but the state or agency or subdivision thereof |
| 39 | shall not be deemed to have waived any defense of sovereign |
| 40 | immunity or to have increased the limits of its liability as a |
| 41 | result of its obtaining insurance coverage for tortious acts in |
| 42 | excess of the $200,000 $100,000 or $300,000 $200,000 waiver |
| 43 | provided above. The limitations of liability set forth in this |
| 44 | subsection shall apply to the state and its agencies and |
| 45 | subdivisions whether or not the state or its agencies or |
| 46 | subdivisions possessed sovereign immunity before July 1, 1974. |
| 47 | Section 2. This act shall take effect October 1, 2011, and |
| 48 | applies to claims arising on or after that date. |