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.