Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 974
       
       
       
       
       
       
                                Ì368554AÎ368554                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2022           .                                
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       The Committee on Community Affairs (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5), paragraph (a) of subsection (6),
    6  and subsection (14) of section 768.28, Florida Statutes, are
    7  amended to read:
    8         768.28 Waiver of sovereign immunity in tort actions;
    9  recovery limits; civil liability for damages caused during a
   10  riot; limitation on attorney fees; statute of limitations;
   11  exclusions; indemnification; risk management programs.—
   12         (5)(a) The state and its agencies and subdivisions are
   13  shall be liable for tort claims in the same manner and to the
   14  same extent as a private individual under like circumstances,
   15  but liability does shall not include punitive damages or
   16  interest for the period before judgment. Neither The state, nor
   17  its agencies, and its or subdivisions are not shall be liable to
   18  pay a claim or a judgment by any one person which exceeds the
   19  sum of $1 million $200,000 or any claim or judgment, or portions
   20  thereof, which, when totaled with all other claims or judgments
   21  paid by the state or its agencies or subdivisions arising out of
   22  the same incident or occurrence, exceeds the sum of $3 million
   23  $300,000. However, a judgment or judgments may be claimed and
   24  rendered in excess of these amounts and may be settled and paid
   25  pursuant to this section act up to $1 million or $3 million, as
   26  applicable. The $200,000 or $300,000, as the case may be; and
   27  that portion of the judgment that exceeds these amounts may be
   28  reported to the Legislature, but may be paid in part or in whole
   29  only by further act of the Legislature.
   30         (b) Notwithstanding the limited waiver of sovereign
   31  immunity provided in paragraph (a), a herein, the state or an
   32  agency or subdivision of the state thereof may agree, within the
   33  limits of insurance coverage provided, to settle a claim made or
   34  a judgment rendered against it in excess of the waiver provided
   35  in paragraph (a) without further action by the Legislature., but
   36  The state or an agency or a subdivision thereof may shall not be
   37  deemed to have waived any defense of sovereign immunity or to
   38  have increased the limits of its liability as a result of its
   39  obtaining insurance coverage for tortious acts in excess of the
   40  $200,000 or $300,000 waiver provided in paragraph (a) above. An
   41  insurance policy may not condition the payment of benefits, in
   42  whole or in part, on the enactment of a claim bill.
   43         (c) 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         (d)Beginning January 1, 2023, and on January 1 every 10
   48  years thereafter, the Department of Financial Services shall
   49  adjust the limitations of liability in this subsection, rounded
   50  to the nearest $10,000, to reflect changes in the Consumer Price
   51  Index for the Southeast or a successor index as calculated by
   52  the United States Department of Labor. After each adjustment,
   53  the department must publish the adjusted liability limitation
   54  amounts on its website.
   55         (e)(b) A municipality has a duty to allow the municipal law
   56  enforcement agency to respond appropriately to protect persons
   57  and property during a riot or an unlawful assembly based on the
   58  availability of adequate equipment to its municipal law
   59  enforcement officers and relevant state and federal laws. If the
   60  governing body of a municipality or a person authorized by the
   61  governing body of the municipality breaches that duty, the
   62  municipality is civilly liable for any damages, including
   63  damages arising from personal injury, wrongful death, or
   64  property damages proximately caused by the municipality’s breach
   65  of duty. The sovereign immunity recovery limits in paragraph (a)
   66  do not apply to an action under this paragraph.
   67         (6)(a) An action may not be instituted on a claim against
   68  the state or one of its agencies or subdivisions unless the
   69  claimant presents the claim in writing to the appropriate
   70  agency, and also, except as to any claim against a municipality,
   71  county, or the Florida Space Authority, presents such claim in
   72  writing to the Department of Financial Services, within 3 years
   73  after such claim accrues and the Department of Financial
   74  Services or the appropriate agency denies the claim in writing;
   75  except that, if:
   76         1. Such claim is for contribution pursuant to s. 768.31, it
   77  must be so presented within 6 months after the judgment against
   78  the tortfeasor seeking contribution has become final by lapse of
   79  time for appeal or after appellate review or, if there is no
   80  such judgment, within 6 months after the tortfeasor seeking
   81  contribution has either discharged the common liability by
   82  payment or agreed, while the action is pending against her or
   83  him, to discharge the common liability; or
   84         2. Such action is for wrongful death, the claimant must
   85  present the claim in writing to the Department of Financial
   86  Services within 2 years after the claim accrues; or
   87         3.Such action arises from a violation of s. 794.011
   88  involving a victim who was younger than the age of 16 at the
   89  time of the act, the claimant may present the claim in writing
   90  at any time pursuant to s. 95.11(9).
   91         (14) Every claim against the state or one of its agencies
   92  or subdivisions for damages for a negligent or wrongful act or
   93  omission pursuant to this section shall be forever barred unless
   94  the civil action is commenced by filing a complaint in the court
   95  of appropriate jurisdiction within 4 years after such claim
   96  accrues; except that:
   97         (a) An action for contribution must be commenced within the
   98  limitations provided in s. 768.31(4);, and
   99         (b) An action for damages arising from medical malpractice
  100  or wrongful death must be commenced within the limitations for
  101  such actions in s. 95.11(4); and
  102         (c)An action arising from acts constituting a violation of
  103  s. 794.011 involving a victim who was younger than the age of 16
  104  at the time of the act may be commenced at any time pursuant to
  105  s. 95.11(9). This paragraph applies only to claims that would
  106  not have been time barred on or before July 1, 2010, under s.
  107  95.11(9).
  108         Section 2. Sections 45.061, 110.504, 111.071, 163.01,
  109  190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
  110  284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
  111  393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009,
  112  456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
  113  589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295,
  114  944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34,
  115  1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida
  116  Statutes, are reenacted for the purpose of incorporating the
  117  amendments made by this act to s. 768.28, Florida Statutes, in
  118  references thereto.
  119         Section 3. This act shall take effect October 1, 2022.
  120  
  121  ================= T I T L E  A M E N D M E N T ================
  122  And the title is amended as follows:
  123         Delete everything before the enacting clause
  124  and insert:
  125                        A bill to be entitled                      
  126         An act relating to sovereign immunity; amending s.
  127         768.28, F.S.; revising the statutory limits on
  128         liability for tort claims against the state and its
  129         agencies and subdivisions; specifying that only a
  130         subdivision of the state may agree to settle a claim
  131         made or judgment rendered against it in excess of the
  132         limits; prohibiting an insurance policy from
  133         conditioning the payment of benefits on the enactment
  134         of a claim bill; requiring the Department of Financial
  135         Services to adjust the limitations on tort liability
  136         every year after a specified date; requiring the
  137         department to publish the adjusted limitations on its
  138         website; revising exceptions relating to instituting
  139         actions on claims against the state or one of its
  140         agencies and to the statute of limitations for such
  141         claims; providing applicability; reenacting ss.
  142         45.061, 110.504, 111.071, 163.01, 190.043, 213.015,
  143         252.51, 252.89, 252.944, 260.0125, 284.31, 284.38,
  144         322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
  145         393.075, 395.1055, 403.706, 409.993, 455.221, 455.32,
  146         456.009, 456.076, 471.038, 472.006, 497.167, 513.118,
  147         548.046, 556.106, 589.19, 723.0611, 760.11, 766.1115,
  148         766.112, 768.1355, 768.295, 944.713, 946.5026,
  149         946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.55,
  150         1002.83, 1002.88, 1006.24, and 1006.261, F.S., to
  151         incorporate the amendments made to s. 768.28, F.S., in
  152         references thereto; providing an effective date.