Florida Senate - 2022                              CS for SB 974
       
       
        
       By the Committee on Judiciary; and Senator Gruters
       
       
       
       
       
       590-02526-22                                           2022974c1
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; increasing the statutory limits on
    4         liability for tort claims against the state and its
    5         agencies and subdivisions; requiring the Department of
    6         Financial Services to adjust the limitations on tort
    7         liability every 10 years after a specified date and
    8         publish the adjustments on its website; reenacting ss.
    9         45.061, 110.504, 111.071, 163.01, 190.043, 213.015,
   10         252.51, 252.89, 252.944, 260.0125, 284.31, 284.38,
   11         322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
   12         393.075, 395.1055, 403.706, 409.993, 455.221, 455.32,
   13         456.009, 456.076, 471.038, 472.006, 497.167, 513.118,
   14         548.046, 556.106, 589.19, 723.0611, 760.11, 766.1115,
   15         766.112, 768.1355, 768.295, 944.713, 946.5026,
   16         946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.55,
   17         1002.83, 1002.88, 1006.24, and 1006.261, F.S., to
   18         incorporate the amendments made to s. 768.28, F.S., in
   19         references thereto; providing applicability; providing
   20         an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (5) of section 768.28, Florida
   25  Statutes, is amended to read:
   26         768.28 Waiver of sovereign immunity in tort actions;
   27  recovery limits; civil liability for damages caused during a
   28  riot; limitation on attorney fees; statute of limitations;
   29  exclusions; indemnification; risk management programs.—
   30         (5)(a) The state and its agencies and subdivisions are
   31  shall be liable for tort claims in the same manner and to the
   32  same extent as a private individual under like circumstances,
   33  but liability does shall not include punitive damages or
   34  interest for the period before judgment. Neither The state, nor
   35  its agencies, and its or subdivisions are not shall be liable to
   36  pay a claim or a judgment by any one person which exceeds the
   37  sum of $300,000 $200,000 or any claim or judgment, or portions
   38  thereof, which, when totaled with all other claims or judgments
   39  paid by the state or its agencies or subdivisions arising out of
   40  the same incident or occurrence, exceeds the sum of $400,000
   41  $300,000. However, a judgment or judgments may be claimed and
   42  rendered in excess of these amounts and may be settled and paid
   43  pursuant to this section act up to $300,000 $200,000 or
   44  $400,000, as applicable. The $300,000, as the case may be; and
   45  that portion of the judgment that exceeds these amounts may be
   46  reported to the Legislature, but may be paid in part or in whole
   47  only by further act of the Legislature.
   48         (b) Notwithstanding the limited waiver of sovereign
   49  immunity under paragraph (a) provided herein, the state or an
   50  agency or subdivision thereof may agree, within the limits of
   51  insurance coverage provided, to settle a claim made or a
   52  judgment rendered against it without further action by the
   53  Legislature, but the state or agency or subdivision thereof does
   54  shall not waive be deemed to have waived any defense of
   55  sovereign immunity or increase to have increased the limits of
   56  its liability as a result of its obtaining insurance coverage
   57  for tortious acts in excess of the $300,000 $200,000 or $400,000
   58  $300,000 waiver provided in paragraph (a) above.
   59         (c) The limitations of liability set forth in this
   60  subsection shall apply to the state and its agencies and
   61  subdivisions whether or not the state or its agencies or
   62  subdivisions possessed sovereign immunity before July 1, 1974.
   63         (d)Beginning July 1, 2032, and on July 1 every 10 years
   64  thereafter, the Department of Financial Services shall adjust
   65  the limitations of liability in this subsection, rounded to the
   66  nearest $10,000, to reflect changes in the Consumer Price Index
   67  for the Southeast or a successor index as calculated by the
   68  United States Department of Labor. After each adjustment, the
   69  department must publish the adjusted liability limitation
   70  amounts on its website which amounts shall apply to causes of
   71  action accruing on or after the October 1 following the
   72  adjustment date.
   73         (e)(b) A municipality has a duty to allow the municipal law
   74  enforcement agency to respond appropriately to protect persons
   75  and property during a riot or an unlawful assembly based on the
   76  availability of adequate equipment to its municipal law
   77  enforcement officers and relevant state and federal laws. If the
   78  governing body of a municipality or a person authorized by the
   79  governing body of the municipality breaches that duty, the
   80  municipality is civilly liable for any damages, including
   81  damages arising from personal injury, wrongful death, or
   82  property damages proximately caused by the municipality’s breach
   83  of duty. The sovereign immunity recovery limits in paragraph (a)
   84  do not apply to an action under this paragraph.
   85         Section 2. Sections 45.061, 110.504, 111.071, 163.01,
   86  190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
   87  284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
   88  393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009,
   89  456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
   90  589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295,
   91  944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34,
   92  1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida
   93  Statutes, are reenacted for the purpose of incorporating the
   94  amendments made by this act to s. 768.28, Florida Statutes, in
   95  references thereto.
   96         Section 3. This act applies to claims arising on or after
   97  October 1, 2022.
   98         Section 4. This act shall take effect October 1, 2022.