Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 472
       
       
       
       
       
       
                                Ì442590(Î442590                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2024           .                                
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       The Committee on Rules (Brodeur) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 61 - 111
    4  and insert:
    5  one person which exceeds the sum of $300,000 $200,000 or any
    6  claim or judgment, or portions thereof, which, when totaled with
    7  all other claims or judgments paid by the state or its agencies
    8  or subdivisions arising out of the same incident or occurrence,
    9  exceeds the sum of $500,000 $300,000. However, a judgment or
   10  judgments may be claimed and rendered in excess of these amounts
   11  and may be settled and paid pursuant to this act up to $300,000
   12  or $500,000 $200,000 or $300,000, as the case may be; and that
   13  portion of the judgment that exceeds these amounts may be
   14  reported to the Legislature, and but may be paid in part or in
   15  whole only by further act of the Legislature.
   16         (b) Notwithstanding the limited waiver of sovereign
   17  immunity provided in paragraph (a):
   18         1. herein, The state or an agency or subdivision thereof
   19  may agree, within the limits of insurance coverage provided, to
   20  settle a claim made or a judgment rendered against it in excess
   21  of the waiver provided in paragraph (a) without further action
   22  by the Legislature.
   23         2. A subdivision of the state may agree to settle a claim
   24  made or a judgment rendered against it in excess of the waiver
   25  provided in paragraph (a) without further action by the
   26  Legislature.
   27  
   28  However, but the state or an agency or subdivision thereof may
   29  shall not be deemed to have waived any defense of sovereign
   30  immunity or to have increased the limits of its liability as a
   31  result of its obtaining insurance coverage for tortious acts in
   32  excess of the $200,000 or $300,000 waiver provided in paragraph
   33  (a). However, a party may not lobby against any agreed upon
   34  settlement brought to the Legislature as a settled claim bill
   35  above. An insurance policy may not condition the payment of
   36  benefits, in whole or in part, on the enactment of a claim bill.
   37         (c) The limitations of liability set forth in this
   38  subsection shall apply to the state and its agencies and
   39  subdivisions whether or not the state or its agencies or
   40  subdivisions possessed sovereign immunity before July 1, 1974.
   41         (d)(b) A municipality has a duty to allow the municipal law
   42  enforcement agency to respond appropriately to protect persons
   43  and property during a riot or an unlawful assembly based on the
   44  availability of adequate equipment to its municipal law
   45  enforcement officers and relevant state and federal laws. If the
   46  governing body of a municipality or a person authorized by the
   47  governing body of the municipality breaches that duty, the
   48  municipality is civilly liable for any damages, including
   49  damages arising from personal injury, wrongful death, or
   50  property damages proximately caused by the municipality’s breach
   51  of duty. The sovereign immunity recovery limits in paragraph (a)
   52  do not apply to an action under this paragraph.
   53         (e) When determining liability limits for a claim, the
   54  limitations of liability in effect on the date when the claim
   55  incident occurred apply to the claim.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete line 15
   60  and insert:
   61         claim; requiring the Department of Financial