Florida Senate - 2026                                    SB 1366
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-01036B-26                                          20261366__
    1                        A bill to be entitled                      
    2         An act relating to claims against the government;
    3         amending s. 768.28, F.S.; increasing the statutory
    4         limits on the liability of the state and its agencies
    5         and subdivisions for tort claims; specifying that the
    6         limitations in effect on the date the claim accrues
    7         apply to that claim; requiring the Department of
    8         Financial Services, beginning on a specified date and
    9         every 5 years thereafter, to adjust the limitations of
   10         liability for claims; prohibiting such adjustment from
   11         exceeding a specified percentage for each adjustment;
   12         revising the period within which certain claims must
   13         be presented to certain entities; revising exceptions
   14         relating to instituting actions on tort claims against
   15         the state or one of its agencies or subdivisions;
   16         revising the period after which the failure of certain
   17         entities to make final disposition of a claim shall be
   18         deemed a final denial of the claim for certain
   19         purposes; limiting attorney fees based on the amount
   20         of funds recovered; authorizing the Legislature to
   21         limit attorney fee awards in a claim bill or reserve
   22         any portion of the proceeds of a claim bill to the
   23         claimant; revising the statute of limitations for tort
   24         claims against the state or one of its agencies or
   25         subdivisions and exceptions thereto; deleting obsolete
   26         language; making technical changes; providing
   27         applicability; amending ss. 29.0081, 39.8297, 343.811,
   28         and 944.713, F.S.; conforming cross references;
   29         conforming provisions to changes made by the act;
   30         reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4),
   31         111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and
   32         (15)(k), 190.043, 213.015(13), 252.51, 252.89,
   33         252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b),
   34         337.19(1), 341.302(17), 343.811(3), 351.03(4)(c),
   35         373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),
   36         394.9085(7), 395.1055(10)(g), 403.706(17)(c),
   37         409.175(15)(b), 409.993(1), (2)(a), and (3)(a),
   38         420.504(8), 455.221(3), 455.32(5), 456.009(3),
   39         456.076(15)(a), 471.038(3), 472.006(11)(b),
   40         497.167(7), 513.118(2), 548.046(1), 556.106(8),
   41         589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c),
   42         760.11(5), 766.1115(4), 766.112(2), 768.1355(3),
   43         768.1382(7), 768.295(4), 946.5026, 946.514(3),
   44         961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b),
   45         1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10),
   46         1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S.,
   47         relating to offers of settlement; limitations other
   48         than for the recovery of real property; volunteer
   49         benefits; payment of judgments or settlements against
   50         certain public officers or employees; office of the
   51         sheriff; the Florida Interlocal Cooperation Act of
   52         1969; suits against community development districts;
   53         taxpayer rights; liability; tort liability; tort
   54         liability; limitation on liability of private
   55         landowners whose property is designated as part of the
   56         statewide system of greenways and trails; scope and
   57         types of coverages; effect of waiver of sovereign
   58         immunity; driver license examiners; suits by and
   59         against the Department of Transportation; rail
   60         program; power to assume indemnification and insurance
   61         obligations; railroad-highway grade-crossing warning
   62         signs and signals; limitation on liability of a water
   63         management district with respect to areas made
   64         available to the public for recreational purposes
   65         without charge; limitation on liability of persons
   66         making available to the public certain areas for
   67         recreational purposes without charge; school health
   68         services program; general liability coverage;
   69         behavioral provider liability; rules and enforcement;
   70         local government solid waste responsibilities;
   71         licensure of family foster homes, residential child
   72         caring agencies, and child-placing agencies; lead
   73         agencies and subcontractor liability; the Florida
   74         Housing Finance Corporation; legal and investigative
   75         services; the Management Privatization Act; legal and
   76         investigative services; impaired practitioner
   77         programs; the Florida Engineers Management
   78         Corporation; the Department of Agriculture and
   79         Consumer Services; administrative matters; conduct on
   80         premises and refusal of service; physician’s
   81         attendance at match; liability of the member operator,
   82         excavator, and system; creation of certain state
   83         forests, naming of certain state forests, and the
   84         Operation Outdoor Freedom Program; official law
   85         enforcement vehicles and motor vehicle insurance
   86         requirements; the Florida Mobile Home Relocation
   87         Corporation; administrative and civil remedies and
   88         construction; health care providers and creation of
   89         agency relationship with governmental contractors;
   90         comparative fault; the Florida Volunteer Protection
   91         Act; streetlights, security lights, and other similar
   92         illumination and limitation on liability; Strategic
   93         Lawsuits Against Public Participation (SLAPP)
   94         prohibited; sovereign immunity in tort actions;
   95         liability of corporation for inmate injuries;
   96         compensation for wrongful incarceration; punishment
   97         for contempt of court and alternative sanctions;
   98         charter schools; persistently low-performing schools;
   99         charter technical career centers; the Florida Virtual
  100         School; school-year prekindergarten program delivered
  101         by private prekindergarten providers; early learning
  102         coalitions; school readiness program provider
  103         standards and eligibility to deliver the school
  104         readiness program; tort liability and liability
  105         insurance; and use of school buses for public
  106         purposes, respectively, to incorporate changes made to
  107         s. 768.28, F.S., in references thereto; providing an
  108         effective date.
  109          
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Section 768.28, Florida Statutes, is amended to
  113  read:
  114         768.28 Waiver of sovereign immunity in tort actions;
  115  recovery limits; civil liability for damages caused during a
  116  riot; limitation on attorney fees; statute of limitations;
  117  exclusions; indemnification; risk management programs.—
  118         (1) In accordance with s. 13, Art. X of the State
  119  Constitution, the state, for itself and for its agencies or
  120  subdivisions, hereby waives sovereign immunity for liability for
  121  torts, but only to the extent specified in this section act.
  122  Actions at law against the state or any of its agencies or
  123  subdivisions to recover damages in tort for money damages
  124  against the state or its agencies or subdivisions for injury or
  125  loss of property, personal injury, or death caused by the
  126  negligent or wrongful act or omission of any employee of the
  127  agency or subdivision while acting within the scope of the
  128  employee’s office or employment under circumstances in which the
  129  state or such agency or subdivision, if a private person, would
  130  be liable to the claimant, in accordance with the general laws
  131  of this state, may be prosecuted subject to the limitations
  132  specified in this section act. Any authorized such action may be
  133  brought in the county where the property in litigation is
  134  located or, if the affected agency or subdivision has an office
  135  in the such county for the transaction of its customary
  136  business, where the cause of action accrued. However, an any
  137  such action against a state university board of trustees must
  138  shall be brought in the county in which that university’s main
  139  campus is located or in the county in which the cause of action
  140  accrued if the university maintains therein a substantial
  141  presence for the transaction of its customary business in that
  142  county.
  143         (2) As used in this act, “state agencies or subdivisions”
  144  include the executive departments, the Legislature, the judicial
  145  branch (including public defenders), and the independent
  146  establishments of the state, including state university boards
  147  of trustees; counties and municipalities; and corporations
  148  primarily acting as instrumentalities or agencies of the state,
  149  counties, or municipalities, including the Florida Space
  150  Authority.
  151         (3) Except for a municipality and the Florida Space
  152  Authority, the affected agency or subdivision may, at its
  153  discretion, request the assistance of the Department of
  154  Financial Services in the consideration, adjustment, and
  155  settlement of any claim under this section act.
  156         (4) Subject to the provisions of this section, any state
  157  agency or subdivision may shall have the right to appeal any
  158  award, compromise, settlement, or determination to the court of
  159  appropriate jurisdiction.
  160         (5)(a) The state and its agencies and subdivisions are
  161  shall be liable for tort claims in the same manner and to the
  162  same extent as a private individual under like circumstances,
  163  but liability may shall not include punitive damages or interest
  164  for the period before judgment. Neither The state and nor its
  165  agencies or subdivisions are not shall be liable to pay a claim
  166  or a judgment by any one person which exceeds the sum of
  167  $300,000 $200,000 or any claim or judgment, or portions of a
  168  claim or judgment thereof, which, when totaled with all other
  169  claims or judgments paid by the state or its agencies or
  170  subdivisions arising out of the same incident or occurrence,
  171  exceeds the sum of $450,000 $300,000. However, a judgment or
  172  judgments may be claimed and rendered in excess of these amounts
  173  and may be settled and paid pursuant to this section act up to
  174  $300,000 $200,000 or $450,000. Any $300,000, as the case may be;
  175  and that portion of the judgment that exceeds these amounts may
  176  be reported to the Legislature, but may be paid in part or in
  177  whole only by further act of the Legislature.
  178         (b) Notwithstanding the limited waiver of sovereign
  179  immunity in paragraph (a) provided herein, the state or an
  180  agency or subdivision of the state thereof may agree, within the
  181  limits of insurance coverage provided, to settle a claim made or
  182  a judgment rendered against it without further action by the
  183  Legislature, but the state or agency or subdivision of the state
  184  may thereof shall not be deemed to have waived any defense of
  185  sovereign immunity or to have increased the limits of its
  186  liability as a result of its obtaining insurance coverage for
  187  tortious acts in excess of the $300,000 $200,000 or $450,000
  188  $300,000 waiver in paragraph (a) provided above.
  189         (c) The limitations of liability set forth in this
  190  subsection shall apply to the state and its agencies and
  191  subdivisions whether or not the state or its agencies or
  192  subdivisions possessed sovereign immunity before July 1, 1974.
  193         (d)(b) A municipality has a duty to allow the municipal law
  194  enforcement agency to respond appropriately to protect persons
  195  and property during a riot or an unlawful assembly based on the
  196  availability of adequate equipment to its municipal law
  197  enforcement officers and relevant state and federal laws. If the
  198  governing body of a municipality or a person authorized by the
  199  governing body of the municipality breaches that duty, the
  200  municipality is civilly liable for any damages, including
  201  damages arising from personal injury, wrongful death, or
  202  property damages proximately caused by the municipality’s breach
  203  of duty. The sovereign immunity recovery limits in paragraph (a)
  204  do not apply to an action under this paragraph.
  205         (e) When determining liability limits for a claim, the
  206  limitations of liability in effect on the date the claim accrues
  207  apply to the claim.
  208         (f) Beginning July 1, 2031, and on July 1 every 5 years
  209  thereafter, the Department of Financial Services shall adjust
  210  the limitations of liability in this subsection to reflect
  211  changes in the Consumer Price Index for the South region or a
  212  successor index as calculated by the United States Department of
  213  Labor, not to exceed 3 percent for any such adjustment.
  214         (6)(a) An action may not be instituted on a claim against
  215  the state or one of its agencies or subdivisions unless the
  216  claimant presents the claim in writing to the appropriate
  217  agency, and also, except as to any claim against a municipality,
  218  county, or the Florida Space Authority, presents the such claim
  219  in writing to the Department of Financial Services, within 18
  220  months 3 years after the such claim accrues and the Department
  221  of Financial Services or the appropriate agency denies the claim
  222  in writing; except that, if:
  223         1. The Such claim is for contribution pursuant to s.
  224  768.31, it must be so presented within 6 months after the
  225  judgment against the tortfeasor seeking contribution has become
  226  final by lapse of time for appeal or after appellate review or,
  227  if there is no final such judgment, within 6 months after the
  228  tortfeasor seeking contribution has either discharged the common
  229  liability by payment or agreed, while the action is pending
  230  against her or him, to discharge the common liability; or
  231         2. The Such action arises from a violation of s. 794.011
  232  involving a victim who was younger than 16 years of age at the
  233  time of the act, the claimant may present the claim in writing
  234  at any time. This subparagraph applies to any action other than
  235  an action that would have been time barred on or before October
  236  1, 2026 is for wrongful death, the claimant must present the
  237  claim in writing to the Department of Financial Services within
  238  2 years after the claim accrues.
  239         (b) For purposes of this section, the requirements of
  240  notice to the agency and denial of the claim pursuant to
  241  paragraph (a) are conditions precedent to maintaining an action
  242  but may shall not be deemed to be elements of the cause of
  243  action and do shall not affect the date on which the cause of
  244  action accrues.
  245         (c) The claimant shall also provide to the agency the
  246  claimant’s date and place of birth and social security number if
  247  the claimant is an individual, or a federal identification
  248  number if the claimant is not an individual. The claimant shall
  249  also state the case style, tribunal, the nature and amount of
  250  all adjudicated penalties, fines, fees, victim restitution fund,
  251  and other judgments in excess of $200, whether imposed by a
  252  civil, criminal, or administrative tribunal, owed by the
  253  claimant to the state, its agency, officer or subdivision. If
  254  there exists no prior adjudicated unpaid claim in excess of
  255  $200, the claimant shall so state.
  256         (d) For purposes of this section, complete, accurate, and
  257  timely compliance with the requirements of paragraph (c) must
  258  shall occur before prior to settlement payment, close of
  259  discovery, or commencement of trial, whichever is earlier
  260  sooner; provided the ability to plead setoff is not precluded by
  261  the delay. This setoff applies shall apply only against that
  262  part of the settlement or judgment payable to the claimant,
  263  minus claimant’s reasonable attorney attorney’s fees and costs.
  264  Incomplete or inaccurate disclosure of unpaid adjudicated claims
  265  due the state or, its agency, officer, or subdivision, may be
  266  excused by the court upon a showing by the preponderance of the
  267  evidence of the claimant’s lack of knowledge of an adjudicated
  268  claim and reasonable inquiry by, or on behalf of, the claimant
  269  to obtain the information from public records. Unless the
  270  appropriate agency had actual notice of the information required
  271  to be disclosed by paragraph (c) in time to assert a setoff, an
  272  unexcused failure to disclose shall, upon hearing and order of
  273  court, cause the claimant to be liable for double the original
  274  undisclosed judgment and, upon further motion, the court shall
  275  enter judgment for the agency in that amount. Except as provided
  276  otherwise in this subsection, the failure of the Department of
  277  Financial Services or the appropriate agency to make final
  278  disposition of a claim within 4 months 6 months after it is
  279  filed shall be deemed a final denial of the claim for purposes
  280  of this section. For purposes of this subsection, in medical
  281  malpractice actions and in wrongful death actions, the failure
  282  of the Department of Financial Services or the appropriate
  283  agency to make final disposition of a claim within 90 days after
  284  it is filed shall be deemed a final denial of the claim. The
  285  statute of limitations for medical malpractice actions and
  286  wrongful death actions is tolled as to all prospective
  287  defendants for the period of time taken by the Department of
  288  Financial Services or the appropriate agency to deny the claim.
  289  The provisions of This subsection does do not apply to such
  290  claims that as may be asserted by counterclaim pursuant to s.
  291  768.14.
  292         (7) In actions brought pursuant to this section, process
  293  must shall be served upon the head of the agency concerned and
  294  also, except as to a defendant municipality, county, or the
  295  Florida Space Authority, upon the Department of Financial
  296  Services.; and The department or the agency served has concerned
  297  shall have 30 days within which to file responsive pleadings
  298  plead thereto.
  299         (8) An No attorney may not charge, demand, receive, or
  300  collect, for services rendered, fees in excess of 25 percent of
  301  any funds recovered as a result of judgment or settlement. In
  302  the enactment of a claim bill, as to payments made to the
  303  claimant in excess of the limits in paragraph (5)(a), the
  304  Legislature has the sole discretion to award an attorney fee
  305  applicable to the excess which is less than 25 percent,
  306  notwithstanding any agreement. The Legislature may also limit
  307  payments for costs or otherwise reserve a portion of the
  308  proceeds to the claimant. This subsection is deemed to be a part
  309  of any fee agreement.
  310         (9)(a) An officer, employee, or agent of the state or of
  311  any of its subdivisions may not be held personally liable in
  312  tort or named as a party defendant in any action for any injury
  313  or damage suffered as a result of any act, event, or omission of
  314  action in the scope of her or his employment or function, unless
  315  the such officer, employee, or agent acted in bad faith or with
  316  malicious purpose or in a manner exhibiting wanton and willful
  317  disregard of human rights, safety, or property. However, the
  318  such officer, employee, or agent shall be considered an adverse
  319  witness in a tort action for any injury or damage suffered as a
  320  result of any act, event, or omission of action in the scope of
  321  her or his employment or function. The exclusive remedy for
  322  injury or damage suffered as a result of an act, event, or
  323  omission of an officer, employee, or agent of the state or any
  324  of its subdivisions or constitutional officers is by action
  325  against the governmental entity, or the head of such entity in
  326  her or his official capacity, or the constitutional officer of
  327  which the officer, employee, or agent is an employee, unless the
  328  such act or omission was committed in bad faith or with
  329  malicious purpose or in a manner exhibiting wanton and willful
  330  disregard of human rights, safety, or property. The state or its
  331  subdivisions are not liable in tort for the acts or omissions of
  332  an officer, employee, or agent committed while acting outside
  333  the course and scope of her or his employment or committed in
  334  bad faith or with malicious purpose or in a manner exhibiting
  335  wanton and willful disregard of human rights, safety, or
  336  property.
  337         (b) As used in this subsection, the term:
  338         1. “Employee” includes any volunteer firefighter.
  339         2. “Officer, employee, or agent” includes, but is not
  340  limited to, any health care provider when providing services
  341  pursuant to s. 766.1115; any nonprofit independent college or
  342  university located and chartered in this state which owns or
  343  operates an accredited medical school, and its employees or
  344  agents, when providing patient services pursuant to paragraph
  345  (10)(f); any public defender or her or his employee or agent,
  346  including an assistant public defender or an investigator; and
  347  any member of a Child Protection Team, as defined in s. 39.01,
  348  or any member of a threat management team, as described in s.
  349  1006.07(7), when carrying out her or his duties as a team member
  350  under the control, direction, and supervision of the state or
  351  any of its agencies or subdivisions.
  352         (c) For purposes of the waiver of sovereign immunity only,
  353  a member of the Florida National Guard is not acting within the
  354  scope of state employment when performing duty under the
  355  provisions of Title 10 or Title 32 of the United States Code or
  356  other applicable federal law; and neither the state or nor any
  357  individual may not be named in any action under this chapter
  358  arising from the performance of such federal duty.
  359         (d) The employing agency of a law enforcement officer as
  360  defined in s. 943.10 is not liable for injury, death, or
  361  property damage effected or caused by a person fleeing from a
  362  law enforcement officer in a motor vehicle if:
  363         1. The pursuit is conducted in a manner that does not
  364  involve conduct by the officer which is so reckless or wanting
  365  in care as to constitute disregard of human life, human rights,
  366  safety, or the property of another;
  367         2. At the time the law enforcement officer initiates the
  368  pursuit, the officer reasonably believes that the person fleeing
  369  has committed a forcible felony as defined in s. 776.08; and
  370         3. The pursuit is conducted by the officer pursuant to a
  371  written policy governing high-speed pursuit adopted by the
  372  employing agency. The policy must contain specific procedures
  373  concerning the proper method to initiate and terminate high
  374  speed pursuit. The law enforcement officer must have received
  375  instructional training from the employing agency on the written
  376  policy governing high-speed pursuit.
  377         (10)(a) Health care providers or vendors, or any of their
  378  employees or agents, that have contractually agreed to act as
  379  agents of the Department of Corrections to provide health care
  380  services to inmates of the state correctional system shall be
  381  considered agents of the State of Florida, Department of
  382  Corrections, for the purposes of this section, while acting
  383  within the scope of and pursuant to guidelines established in
  384  their contracts said contract or by rule. The contracts must
  385  shall provide for the indemnification of the state by the agent
  386  for any liabilities incurred up to the limits set out in this
  387  chapter.
  388         (b) This subsection may shall not be construed as
  389  designating persons providing contracted health care services to
  390  inmates as employees or agents of the state for the purposes of
  391  chapter 440.
  392         (c) For purposes of this section, regional poison control
  393  centers created in accordance with s. 395.1027 and coordinated
  394  and supervised under the Division of Children’s Medical Services
  395  Prevention and Intervention of the Department of Health, or any
  396  of their employees or agents, shall be considered agents of the
  397  State of Florida, Department of Health. Any contracts with
  398  poison control centers must provide, to the extent permitted by
  399  law, for the indemnification of the state by the agency for any
  400  liabilities incurred up to the limits set out in this chapter.
  401         (d) For the purposes of this section, operators,
  402  dispatchers, and providers of security for rail services and
  403  rail facility maintenance providers in the South Florida Rail
  404  Corridor, or any of their employees or agents, performing such
  405  services under contract with and on behalf of the South Florida
  406  Regional Transportation Authority or the Department of
  407  Transportation shall be considered agents of the state while
  408  acting within the scope of and pursuant to guidelines
  409  established in their contracts said contract or by rule.
  410         (e) For purposes of this section, a professional firm that
  411  provides monitoring and inspection services of the work required
  412  for state roadway, bridge, or other transportation facility
  413  construction projects, or any employee of a firm performing
  414  those such services, is considered an agent of the Department of
  415  Transportation while acting within the scope of the firm’s
  416  contract with the Department of Transportation to ensure that
  417  the project is constructed in conformity with the project’s
  418  plans, specifications, and contract provisions. This paragraph
  419  applies to a professional firm that is in direct contract with
  420  the Department of Transportation, as well as any professional
  421  firm providing monitoring and inspection services as a
  422  consultant to the professional firm that is in direct contract
  423  with the Department of Transportation. Any contract with a
  424  professional firm must, to the extent permitted by law, provide
  425  for the indemnification of the Department of Transportation for
  426  any liability, including reasonable attorney fees, incurred up
  427  to the limits set out in this chapter to the extent caused by
  428  the negligence of the firm or its employees. This paragraph may
  429  not be construed as designating persons who provide monitoring
  430  and inspection services as employees or agents of the state for
  431  purposes of chapter 440. This paragraph is not applicable to the
  432  professional firm or its employees if involved in an accident
  433  while operating a motor vehicle. This paragraph is not
  434  applicable to a firm engaged by the Department of Transportation
  435  for the design or construction of a state roadway, bridge, or
  436  other transportation facility construction project or to its
  437  employees, agents, or subcontractors.
  438         (f) For purposes of this section, any nonprofit independent
  439  college or university located and chartered in this state which
  440  owns or operates an accredited medical school, or any of its
  441  employees or agents, and which has agreed in an affiliation
  442  agreement or other contract to provide, or permit its employees
  443  or agents to provide, patient services as agents of a teaching
  444  hospital, is considered an agent of the teaching hospital while
  445  acting within the scope of and pursuant to guidelines
  446  established in the affiliation agreement or other contract. To
  447  the extent allowed by law, the contract must provide for the
  448  indemnification of the teaching hospital, up to the limits set
  449  out in this chapter, by the agent for any liability incurred
  450  which was caused by the negligence of the college or university
  451  or its employees or agents. The contract must also provide that
  452  those limited portions of the college, university, or medical
  453  school which are directly providing services pursuant to the
  454  contract and which are considered an agent of the teaching
  455  hospital for purposes of this section are deemed to be acting on
  456  behalf of a public agency as defined in s. 119.011(2).
  457         1. For purposes of this paragraph, the term:
  458         a. “Employee or agent” means an officer, employee, agent,
  459  or servant of a nonprofit independent college or university
  460  located and chartered in this state which owns or operates an
  461  accredited medical school, including, but not limited to, the
  462  faculty of the medical school, any health care practitioner or
  463  licensee as defined in s. 456.001 for which the college or
  464  university is vicariously liable, and the staff or
  465  administrators of the medical school.
  466         b. “Patient services” means:
  467         (I) Comprehensive health care services as defined in s.
  468  641.19, including any related administrative service, provided
  469  to patients in a teaching hospital;
  470         (II) Training and supervision of interns, residents, and
  471  fellows providing patient services in a teaching hospital; or
  472         (III) Training and supervision of medical students in a
  473  teaching hospital.
  474         c. “Teaching hospital” means a teaching hospital as defined
  475  in s. 408.07 which is owned or operated by the state, a county
  476  or municipality, a public health trust, a special taxing
  477  district, a governmental entity having health care
  478  responsibilities, or a not-for-profit entity that operates such
  479  facility as an agent of the state, or a political subdivision of
  480  the state, under a lease or other contract.
  481         2. The teaching hospital or the medical school, or its
  482  employees or agents, must provide notice to each patient, or the
  483  patient’s legal representative, that the college or university
  484  that owns or operates the medical school and the employees or
  485  agents of that college or university are acting as agents of the
  486  teaching hospital and that the exclusive remedy for injury or
  487  damage suffered as the result of any act or omission of the
  488  teaching hospital, the college or university that owns or
  489  operates the medical school, or the employees or agents of the
  490  college or university, while acting within the scope of duties
  491  pursuant to the affiliation agreement or other contract with a
  492  teaching hospital, is by commencement of an action pursuant to
  493  the provisions of this section. This notice requirement may be
  494  met by posting the notice in a place conspicuous to all persons.
  495         3. This paragraph does not designate any employee providing
  496  contracted patient services in a teaching hospital as an
  497  employee or agent of the state for purposes of chapter 440.
  498         (g) For the purposes of this section, the executive
  499  director of the Board of Nursing, when serving as the state
  500  administrator of the Nurse Licensure Compact pursuant to s.
  501  464.0095, and any administrator, officer, executive director,
  502  employee, or representative of the Interstate Commission of
  503  Nurse Licensure Compact Administrators, when acting within the
  504  scope of their employment, duties, or responsibilities in this
  505  state, are considered agents of the state. The commission shall
  506  pay any claims or judgments pursuant to this section and may
  507  maintain insurance coverage to pay any such claims or judgments.
  508         (h) For purposes of this section, the individual appointed
  509  under s. 491.004(8) as the state’s delegate on the Counseling
  510  Compact Commission, when serving in that capacity pursuant to s.
  511  491.017, and any administrator, officer, executive director,
  512  employee, or representative of the commission, when acting
  513  within the scope of his or her employment, duties, or
  514  responsibilities in this state, is considered an agent of the
  515  state. The commission shall pay any claims or judgments pursuant
  516  to this section and may maintain insurance coverage to pay those
  517  any such claims or judgments.
  518         (i) For purposes of this section, the individual appointed
  519  under s. 490.004(7) as the state’s commissioner on the
  520  Psychology Interjurisdictional Compact Commission, when serving
  521  in that capacity pursuant to s. 490.0075, and any administrator,
  522  officer, executive director, employee, or representative of the
  523  Psychology Interjurisdictional Compact Commission, when acting
  524  within the scope of his or her employment, duties, or
  525  responsibilities in this state, is considered an agent of the
  526  state. The commission shall pay any claims or judgments pursuant
  527  to this section and may maintain insurance coverage to pay those
  528  any such claims or judgments.
  529         (j) For purposes of this section, the representative
  530  appointed from the Board of Medicine and the representative
  531  appointed from the Board of Osteopathic Medicine, when serving
  532  as commissioners of the Interstate Medical Licensure Compact
  533  Commission pursuant to s. 456.4501, and any administrator,
  534  officer, executive director, employee, or representative of the
  535  Interstate Medical Licensure Compact Commission, when acting
  536  within the scope of their employment, duties, or
  537  responsibilities in this state, are considered agents of the
  538  state. The commission shall pay any claims or judgments pursuant
  539  to this section and may maintain insurance coverage to pay those
  540  any such claims or judgments.
  541         (k) For purposes of this section, the individuals appointed
  542  under s. 468.1135(4) as the state’s delegates on the Audiology
  543  and Speech-Language Pathology Interstate Compact Commission,
  544  when serving in that capacity pursuant to s. 468.1335, and any
  545  administrator, officer, executive director, employee, or
  546  representative of the commission, when acting within the scope
  547  of his or her employment, duties, or responsibilities in this
  548  state, is considered an agent of the state. The commission shall
  549  pay any claims or judgments pursuant to this section and may
  550  maintain insurance coverage to pay those any such claims or
  551  judgments.
  552         (l) For purposes of this section, the individual appointed
  553  under s. 486.023(5) as the state’s delegate on the Physical
  554  Therapy Compact Commission, when serving in that capacity
  555  pursuant to s. 486.112, and any administrator, officer,
  556  executive director, employee, or representative of the Physical
  557  Therapy Compact Commission, when acting within the scope of his
  558  or her employment, duties, or responsibilities in this state, is
  559  considered an agent of the state. The commission shall pay any
  560  claims or judgments pursuant to this section and may maintain
  561  insurance coverage to pay those any such claims or judgments.
  562         (11)(a) Providers or vendors, or any of their employees or
  563  agents, that have contractually agreed to act on behalf of the
  564  state as agents of the Department of Juvenile Justice to provide
  565  services to children in need of services, families in need of
  566  services, or juvenile offenders are, solely with respect to such
  567  services, agents of the state for purposes of this section while
  568  acting within the scope of and pursuant to guidelines
  569  established in the contract or by rule. A contract must provide
  570  for the indemnification of the state by the agent for any
  571  liabilities incurred up to the limits set out in this chapter.
  572         (b) This subsection does not designate a person who
  573  provides contracted services to juvenile offenders as an
  574  employee or agent of the state for purposes of chapter 440.
  575         (12)(a) A health care practitioner, as defined in s.
  576  456.001(4), who has contractually agreed to act as an agent of a
  577  state university board of trustees to provide medical services
  578  to a student athlete for participation in or as a result of
  579  intercollegiate athletics, to include team practices, training,
  580  and competitions, shall be considered an agent of the respective
  581  state university board of trustees, for the purposes of this
  582  section, while acting within the scope of and pursuant to
  583  guidelines established in that contract. The contracts must
  584  shall provide for the indemnification of the state by the agent
  585  for any liabilities incurred up to the limits set out in this
  586  chapter.
  587         (b) This subsection may shall not be construed as
  588  designating persons providing contracted health care services to
  589  athletes as employees or agents of a state university board of
  590  trustees for the purposes of chapter 440.
  591         (13) Laws allowing the state or its agencies or
  592  subdivisions to buy insurance are still in force and effect and
  593  are not restricted in any way by the terms of this section act.
  594         (14) A Every claim against the state or one of its agencies
  595  or subdivisions for damages for a negligent or wrongful act or
  596  omission pursuant to this section is shall be forever barred
  597  unless the civil action is commenced by filing a complaint in
  598  the court of appropriate jurisdiction:
  599         (a) Within 2 years for an action founded on negligence.
  600         (b)Within the limitations provided in s. 768.31(4) for an
  601  action for contribution.
  602         (c)Within the limitations provided in s. 95.11(5) for an
  603  action for damages arising from medical malpractice or wrongful
  604  death.
  605         (d)At any time for an action arising from an act
  606  constituting a violation of s. 794.011 involving a victim who
  607  was under the age of 16 years at the time of the act. This
  608  paragraph applies to any such action other than an action that
  609  would have been time barred on or before October 1, 2026.
  610         (e)Within 4 years for any other action not specified in
  611  this subsection 4 years after the such claim accrues; except
  612  that an action for contribution must be commenced within the
  613  limitations provided in s. 768.31(4), and an action for damages
  614  arising from medical malpractice or wrongful death must be
  615  commenced within the limitations for such actions in s.
  616  95.11(5).
  617         (15) An No action may not be brought against the state or
  618  any of its agencies or subdivisions by anyone who unlawfully
  619  participates in a riot, unlawful assembly, public demonstration,
  620  mob violence, or civil disobedience if the claim arises out of
  621  the such riot, unlawful assembly, public demonstration, mob
  622  violence, or civil disobedience. Nothing in This subsection does
  623  not act shall abridge traditional immunities pertaining to
  624  statements made in court.
  625         (16)(a) The state and its agencies and subdivisions are
  626  authorized to be self-insured, to enter into risk management
  627  programs, or to purchase liability insurance for whatever
  628  coverage they may choose, or to have any combination thereof, in
  629  anticipation of any claim, judgment, and claims bill that which
  630  they may be liable to pay pursuant to this section. Agencies or
  631  subdivisions, and sheriffs, that are subject to homogeneous
  632  risks may purchase insurance jointly or may join together as
  633  self-insurers to provide other means of protection against tort
  634  claims, any charter provisions or laws to the contrary
  635  notwithstanding.
  636         (b) Claims files maintained by any risk management program
  637  administered by the state, its agencies, and its subdivisions
  638  are confidential and exempt from the provisions of s. 119.07(1)
  639  and s. 24(a), Art. I of the State Constitution until termination
  640  of all litigation and settlement of all claims arising out of
  641  the same incident, although portions of the claims files may
  642  remain exempt, as otherwise provided by law. Claims files
  643  records may be released to other governmental agencies upon
  644  written request and demonstration of need. Any; such records
  645  held by the receiving agency remain confidential and exempt as
  646  provided for in this paragraph.
  647         (c) Portions of meetings and proceedings conducted pursuant
  648  to any risk management program administered by the state, its
  649  agencies, or its subdivisions, which relate solely to the
  650  evaluation of claims filed with the risk management program or
  651  which relate solely to offers of compromise of claims filed with
  652  the risk management program are exempt from the provisions of s.
  653  286.011 and s. 24(b), Art. I of the State Constitution. Until
  654  termination of all litigation and settlement of all claims
  655  arising out of the same incident, persons privy to discussions
  656  pertinent to the evaluation of a filed claim are shall not be
  657  subject to subpoena in any administrative or civil proceeding
  658  with regard to the content of those discussions.
  659         (d) Minutes of the meetings and proceedings of any risk
  660  management program administered by the state, its agencies, or
  661  its subdivisions, which relate solely to the evaluation of
  662  claims filed with the risk management program or which relate
  663  solely to offers of compromise of claims filed with the risk
  664  management program are exempt from the provisions of s.
  665  119.07(1) and s. 24(a), Art. I of the State Constitution until
  666  termination of all litigation and settlement of all claims
  667  arising out of the same incident.
  668         (17) This section, as amended by chapter 81-317, Laws of
  669  Florida, shall apply only to causes of actions which accrue on
  670  or after October 1, 1981.
  671         (18)A No provision of this section, or of any other
  672  section of the Florida Statutes, whether read separately or in
  673  conjunction with any other provision, may not shall be construed
  674  to waive the immunity of the state or any of its agencies from
  675  suit in federal court, as that such immunity is guaranteed by
  676  the Eleventh Amendment to the Constitution of the United States,
  677  unless the such waiver is explicitly and definitely stated to be
  678  a waiver of the immunity of the state and its agencies from suit
  679  in federal court. This subsection may shall not be construed to
  680  mean that the state has at any time previously waived, by
  681  implication, its immunity, or that of any of its agencies, from
  682  suit in federal court through any statute in existence before
  683  prior to June 24, 1984.
  684         (18)(19)Neither The state or an nor any agency or
  685  subdivision of the state does not waive waives any defense of
  686  sovereign immunity, or increase increases the limits of its
  687  liability, upon entering into a contract contractual
  688  relationship with another agency or subdivision of the state.
  689  The Such a contract may must not contain any provision that
  690  requires one party to indemnify or insure the other party for
  691  the other party’s negligence or to assume any liability for the
  692  other party’s negligence. This does not preclude a party from
  693  requiring a nongovernmental entity to provide such
  694  indemnification or insurance. The restrictions of this
  695  subsection do not prohibit prevent a regional water supply
  696  authority from indemnifying and assuming the liabilities of its
  697  member governments for obligations arising from past acts or
  698  omissions at or with property acquired from a member government
  699  by the authority and arising from the acts or omissions of the
  700  authority in performing activities contemplated by an interlocal
  701  agreement. The Such indemnification may not be considered to
  702  increase or otherwise waive the limits of liability to third
  703  party claimants established by this section.
  704         (19)(20) Every municipality, and any of its agencies agency
  705  thereof, may is authorized to undertake to indemnify those
  706  employees who that are exposed to personal liability pursuant to
  707  the Clean Air Act Amendments of 1990, 42 U.S.C.A. ss. 7401 et
  708  seq., and all rules and regulations adopted to implement that
  709  act, for acts performed within the course and scope of their
  710  employment with the municipality or its agency, including, but
  711  not limited to, indemnification pertaining to the holding,
  712  transfer, or disposition of allowances allocated to the
  713  municipality’s or its agency’s electric generating units, and
  714  the monitoring, submission, certification, and compliance with
  715  permits, permit applications, records, compliance plans, and
  716  reports for those units, when those such acts are performed
  717  within the course and scope of their employment with the
  718  municipality or its agency. The authority to indemnify under
  719  this section covers every act by an employee which is when such
  720  act is performed within the course and scope of her or his
  721  employment with the municipality or its agency, but does not
  722  cover any act of willful misconduct or any intentional or
  723  knowing violation of any law by the employee. The authority to
  724  indemnify under this section includes, but is not limited to,
  725  the authority to pay any fine and provide legal representation
  726  in any action.
  727         Section 2. This act applies to causes of action that accrue
  728  on or after October 1, 2026.
  729         Section 3. Paragraph (b) of subsection (2) of section
  730  29.0081, Florida Statutes, is amended to read:
  731         29.0081 County funding of additional court personnel.—
  732         (2) The agreement shall, at a minimum, provide that:
  733         (b) The personnel whose employment is funded under the
  734  agreement are hired, supervised, managed, and fired by personnel
  735  of the judicial circuit. The county shall be considered the
  736  employer for purposes of s. 440.10 and chapter 443. Employees
  737  funded by the county under this section and other county
  738  employees may be aggregated for purposes of a flexible benefits
  739  plan pursuant to s. 125 of the Internal Revenue Code of 1986.
  740  The judicial circuit shall supervise the personnel whose
  741  employment is funded under the agreement; be responsible for
  742  compliance with all requirements of federal and state employment
  743  laws, including, but not limited to, Title VII of the Civil
  744  Rights Act of 1964, Title I of the Americans with Disabilities
  745  Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
  746  Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
  747  440.105, and 440.205; and fully indemnify the county from any
  748  liability under such laws, as authorized by s. 768.28(18) s.
  749  768.28(19), to the extent such liability is the result of the
  750  acts or omissions of the judicial circuit or its agents or
  751  employees.
  752         Section 4. Paragraph (b) of subsection (2) of section
  753  39.8297, Florida Statutes, is amended to read:
  754         39.8297 County funding for guardian ad litem employees.—
  755         (2) The agreement, at a minimum, must provide that:
  756         (b) The persons who are employed will be hired, supervised,
  757  managed, and terminated by the executive director of the
  758  Statewide Guardian ad Litem Office. The statewide office is
  759  responsible for compliance with all requirements of federal and
  760  state employment laws, and shall fully indemnify the county from
  761  any liability under such laws, as authorized by s. 768.28(18) s.
  762  768.28(19), to the extent such liability is the result of the
  763  acts or omissions of the Statewide Guardian ad Litem Office or
  764  its agents or employees.
  765         Section 5. Paragraph (a) of subsection (3) of section
  766  343.811, Florida Statutes, is amended to read:
  767         343.811 Power to assume indemnification and insurance
  768  obligations.—
  769         (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
  770  conjunction with the development or operation of a commuter rail
  771  service on the Coastal Link corridor, an agency may:
  772         (a) Assume obligations pursuant to the following:
  773         1.a. The agency may assume the obligation by contract to
  774  protect, defend, indemnify, and hold harmless FECR and its
  775  officers, agents, and employees from and against:
  776         (I) Any liability, cost, and expense, including, but not
  777  limited to, the agency’s passengers and other rail corridor
  778  invitees in, on, or about the Coastal Link corridor, regardless
  779  of whether the loss, damage, destruction, injury, or death
  780  giving rise to any such liability, cost, or expense is caused in
  781  whole or in part, and to whatever nature or degree, by the
  782  fault, failure, negligence, misconduct, nonfeasance, or
  783  misfeasance of such freight rail operator, its successors, or
  784  its officers, agents, and employees, or any other person or
  785  persons whomsoever.
  786         (II) Any loss, injury, or damage incurred by other rail
  787  corridor invitees up to the amount of the self-insurance
  788  retention amount with respect to limited covered accidents
  789  caused by the agency.
  790         b. The agency may assume the obligation by contract to
  791  protect, defend, indemnify, and hold harmless Brightline and its
  792  officers, agents, and employees from and against:
  793         (I) Any liability, cost, and expense, including, but not
  794  limited to, the agency’s passengers and rail corridor invitees
  795  in the Coastal Link corridor, regardless of whether the loss,
  796  damage, destruction, injury, or death giving rise to any such
  797  liability, cost, or expense is caused in whole or in part, and
  798  to whatever nature or degree, by the fault, failure, negligence,
  799  misconduct, nonfeasance, or misfeasance of Brightline, its
  800  successors, or its officers, agents, and employees, or any other
  801  person or persons whomsoever.
  802         (II) Any loss, injury, or damage incurred by other rail
  803  corridor invitees up to the amount of the self-insurance
  804  retention amount with respect to limited covered accidents
  805  caused by the agency.
  806         2. The assumption of liability of the agency by contract
  807  pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
  808  not in any instance exceed the following parameters of
  809  allocation of risk:
  810         a. The agency may be solely responsible for any loss,
  811  injury, or damage to the agency’s passengers, or rail corridor
  812  invitees, third parties, or trespassers, regardless of
  813  circumstances or cause, subject to sub-subparagraph b. and
  814  subparagraphs 3., 4., and 5.
  815         b.(I) In the event of a limited covered accident caused by
  816  FECR, the authority of an agency to protect, defend, and
  817  indemnify FECR for all liability, cost, and expense, including
  818  punitive or exemplary damages, in excess of the self-insurance
  819  retention amount exists only if FECR agrees, with respect to
  820  such limited covered accident caused by FECR, to protect,
  821  defend, and indemnify the agency for the amount of the self
  822  insurance retention amount.
  823         (II) In the event of a limited covered accident caused by
  824  Brightline, the authority of an agency to protect, defend, and
  825  indemnify Brightline for all liability, cost, and expense,
  826  including punitive or exemplary damages, in excess of the self
  827  insurance retention amount exists only if Brightline agrees,
  828  with respect to such limited covered accident, to protect,
  829  defend, and indemnify the agency for the amount of the self
  830  insurance retention amount.
  831         3. When only one train is involved in an incident and:
  832         a. The train is an agency’s train, including an incident
  833  with trespassers or at-grade crossings, the agency may be solely
  834  responsible for any loss, injury, or damage.
  835         b. The train is FECR’s train, including an incident with
  836  trespassers or at-grade crossings, FECR is solely responsible
  837  for any loss, injury, or damage, except for the agency’s
  838  passengers and other rail corridor invitees, which are the
  839  responsibility of the agency, and Brightline’s passengers and
  840  other rail corridor invitees, which are the responsibility of
  841  Brightline.
  842         c. The train is Brightline’s train, including an incident
  843  with trespassers or at-grade crossings, Brightline is solely
  844  responsible for any loss, injury, or damage, except for the
  845  agency’s passengers or rail corridor invitees, which are the
  846  responsibility of the agency, and FECR’s rail corridor invitees,
  847  which are the responsibility of FECR.
  848         4. When an incident involves more than one operator, each
  849  operator is responsible for:
  850         a. Its property; passengers; employees, excluding employees
  851  who are, at the time of the incident, rail corridor invitees of
  852  another operator; and other rail corridor invitees.
  853         b. Its proportionate share of any loss or damage to the
  854  joint infrastructure.
  855         c. Its proportionate share of any loss, injury, or damage
  856  to:
  857         (I) Rail corridor invitees who are not rail corridor
  858  invitees of operators, provided that the agency shall always be
  859  responsible for its passengers and its rail corridor invitees
  860  regardless of whether the agency was involved in the incident.
  861         (II) Trespassers or third parties outside the Coastal Link
  862  corridor as a result of the incident.
  863         5. Any such contractual duty to protect, defend, indemnify,
  864  and hold harmless FECR or Brightline with respect to claims by
  865  rail passengers shall expressly include a specific cap on the
  866  amount of the contractual duty, which amount may not exceed $323
  867  million per occurrence and shall be adjusted so that the per
  868  occurrence insurance requirement is equal to the aggregate
  869  allowable awards to all rail passengers, against all defendants,
  870  for all claims, including claims for punitive damages, arising
  871  from a single accident or incident in accordance with 49 U.S.C.
  872  s. 28103, or any successor provision, without prior legislative
  873  approval.
  874         6. Notwithstanding any provision of this section to the
  875  contrary, the liabilities of the agency to the state or any
  876  other agency shall be as set forth in an agreement among such
  877  entities and limited by s. 768.28(18) s. 768.28(19).
  878  
  879  Neither the assumption by contract to protect, defend,
  880  indemnify, and hold harmless; the purchase of insurance; nor the
  881  establishment of a self-insurance retention fund shall be deemed
  882  to be a waiver of any defense of sovereign immunity for tort
  883  claims or deemed to increase the limits of the agency’s
  884  liability for tort claims as provided in s. 768.28.
  885         Section 6. Subsection (2) of section 944.713, Florida
  886  Statutes, is amended to read:
  887         944.713 Insurance against liability.—
  888         (2) The contract shall provide for indemnification of the
  889  state by the private vendor for any liabilities incurred up to
  890  the limits provided under s. 768.28(5). The contract shall
  891  provide that the private vendor, or the insurer of the private
  892  vendor, is liable to pay any claim or judgment for any one
  893  person which does not exceed the applicable maximum amount
  894  provided in s. 768.28(5) sum of $100,000 or any claim or
  895  judgment, or portions thereof, which, when totaled with all
  896  other claims or judgments arising out of the same incident or
  897  occurrence, does not exceed the sum of $200,000. In addition,
  898  the contractor must agree to defend, hold harmless, and
  899  indemnify the department against any and all actions, claims,
  900  damages and losses, including costs and attorney’s fees.
  901         Section 7. For the purpose of incorporating the amendment
  902  made by this act to section 768.28, Florida Statutes, in a
  903  reference thereto, subsection (5) of section 45.061, Florida
  904  Statutes, is reenacted to read:
  905         45.061 Offers of settlement.—
  906         (5) Sanctions authorized under this section may be imposed
  907  notwithstanding any limitation on recovery of costs or expenses
  908  which may be provided by contract or in other provisions of
  909  Florida law. This section shall not be construed to waive the
  910  limits of sovereign immunity set forth in s. 768.28.
  911         Section 8. For the purpose of incorporating the amendment
  912  made by this act to section 768.28, Florida Statutes, in a
  913  reference thereto, paragraph (f) of subsection (6) of section
  914  95.11, Florida Statutes, is reenacted to read:
  915         95.11 Limitations other than for the recovery of real
  916  property.—Actions other than for recovery of real property shall
  917  be commenced as follows:
  918         (6) WITHIN ONE YEAR.—
  919         (f) Except for actions described in subsection (9), or a
  920  petition challenging a criminal conviction, all petitions;
  921  extraordinary writs; tort actions, including those under s.
  922  768.28(14); or other actions which concern any condition of
  923  confinement of a prisoner filed by or on behalf of a prisoner as
  924  defined in s. 57.085. Any petition, writ, or action brought
  925  under this paragraph must be commenced within 1 year after the
  926  time the incident, conduct, or conditions occurred or within 1
  927  year after the time the incident, conduct, or conditions were
  928  discovered, or should have been discovered.
  929         Section 9. For the purpose of incorporating the amendment
  930  made by this act to section 768.28, Florida Statutes, in a
  931  reference thereto, subsection (4) of section 110.504, Florida
  932  Statutes, is reenacted to read:
  933         110.504 Volunteer benefits.—
  934         (4) Volunteers shall be covered by state liability
  935  protection in accordance with the definition of a volunteer and
  936  the provisions of s. 768.28.
  937         Section 10. For the purpose of incorporating the amendment
  938  made by this act to section 768.28, Florida Statutes, in a
  939  reference thereto, paragraph (a) of subsection (1) of section
  940  111.071, Florida Statutes, is reenacted to read:
  941         111.071 Payment of judgments or settlements against certain
  942  public officers or employees.—
  943         (1) Any county, municipality, political subdivision, or
  944  agency of the state which has been excluded from participation
  945  in the Insurance Risk Management Trust Fund is authorized to
  946  expend available funds to pay:
  947         (a) Any final judgment, including damages, costs, and
  948  attorney’s fees, arising from a complaint for damages or injury
  949  suffered as a result of any act or omission of action of any
  950  officer, employee, or agent in a civil or civil rights lawsuit
  951  described in s. 111.07. If the civil action arises under s.
  952  768.28 as a tort claim, the limitations and provisions of s.
  953  768.28 governing payment shall apply. If the action is a civil
  954  rights action arising under 42 U.S.C. s. 1983, or similar
  955  federal statutes, payments for the full amount of the judgment
  956  may be made unless the officer, employee, or agent has been
  957  determined in the final judgment to have caused the harm
  958  intentionally.
  959         Section 11. For the purpose of incorporating the amendment
  960  made by this act to section 768.28, Florida Statutes, in a
  961  reference thereto, paragraph (b) of subsection (2) of section
  962  125.01015, Florida Statutes, is reenacted to read:
  963         125.01015 Office of the sheriff.—
  964         (2) To ensure the successful transfer of the exclusive
  965  policing responsibility and authority to the sheriff in a
  966  county, as defined in s. 125.011(1), the board of county
  967  commissioners shall:
  968         (b) After the election of the sheriff is certified:
  969         1. Provide funding for all of the necessary staff and
  970  office space for the sheriff-elect to establish an independent
  971  office of the sheriff, so that the office may effectively
  972  operate and perform all of the functions required by general law
  973  when the sheriff-elect takes office.
  974         2. Provide funding for the sheriff-elect to select any
  975  necessary insurances not provided by the county through the
  976  interlocal agreement required under sub-subparagraph 6.d. to
  977  allow the sheriff to effectively operate and perform all of the
  978  functions required by general law when he or she takes office.
  979         3. Provide funding for the sheriff-elect to establish bank
  980  and other accounts, as necessary, in his or her official
  981  capacity as sheriff, so that such accounts become operational
  982  when he or she takes office.
  983         4. Unless otherwise transferable based on existing surety
  984  bonds for the sheriff’s deputies, provide funding for and
  985  facilitate procurement of the required surety bonds for deputy
  986  sheriffs pursuant to s. 30.09, so that such bonds are in place
  987  when the sheriff-elect takes office.
  988         5. Prepare and deliver to the office of the sheriff all
  989  documents, property, and other items listed in subsection (4).
  990         6. Notwithstanding any provision to the contrary, for a
  991  term commencing on January 7, 2025, and ending on or after
  992  September 30, 2028, provide the sheriff-elect taking office
  993  with, and require the sheriff-elect taking office to use, not
  994  less than the substantially and materially same support
  995  services, facilities, office space, and information technology
  996  infrastructure provided to county offices or departments
  997  performing the duties to be performed by the sheriff-elect upon
  998  taking office in the 1-year period before he or she takes
  999  office.
 1000         a. As used in this subparagraph, the term “support
 1001  services” includes:
 1002         (I) Property and facilities, and the management and
 1003  maintenance for such property and facilities.
 1004         (II) Communications infrastructure, including telephone and
 1005  Internet connectivity.
 1006         (III) Risk management, including processing, adjusting, and
 1007  payment of all claims and demands, including those made under s.
 1008  768.28. The county shall provide the sheriff with all required
 1009  general liability, property, and other insurance coverage
 1010  through its self-insurance program, a self-insurance risk pool,
 1011  or commercial insurance. If the county provides insurance
 1012  through a self-insurance program, the county must also provide
 1013  the sheriff with commercial stop-loss coverage in an amount and
 1014  with a self-insured retention agreed upon by the sheriff and the
 1015  county.
 1016         (IV) Legal representation and advice through the office of
 1017  the county attorney for all claims, demands, and causes of
 1018  action brought against the sheriff, his or her deputies, or
 1019  other personnel in their official and individual capacities,
 1020  while acting in their official and individual capacities,
 1021  including any required outside counsel due to conflicts of
 1022  interest. This sub-sub-subparagraph does not prohibit the
 1023  sheriff from employing or retaining his or her own legal
 1024  representation as he or she deems necessary.
 1025         (V) Purchasing and procurement services using procedures
 1026  under the laws and ordinances applicable to the county for
 1027  purchases requiring competitive procurement.
 1028         (VI) Budget and fiscal software and budget development
 1029  services.
 1030         (VII) Human resource services, including, but not limited
 1031  to, facilitation of the hiring process, including employee
 1032  applicant screening and employee applicant background checks,
 1033  and employee benefit administration. The county may provide
 1034  human resource services to the sheriff. However, the sheriff is
 1035  the employer of his or her employees, and the sheriff retains
 1036  full and complete control and authority over the hiring of his
 1037  or her employees and the terms and conditions of employment,
 1038  including employee discipline and termination of employment. The
 1039  provision of human resource services by the county to the
 1040  sheriff does not create a joint-employer relationship. The
 1041  sheriff’s employees shall remain members of the county’s health
 1042  insurance and workers’ compensation plans for at least the term
 1043  set forth in this subparagraph.
 1044         (VIII) Fleet management, including procurement of all
 1045  vehicles and other mobile assets such as boats and aircraft, and
 1046  all vehicle repair and maintenance.
 1047         b. As used in this subparagraph, the term “information
 1048  technology infrastructure” includes:
 1049         (I) All hardware, including computers.
 1050         (II) Budget and fiscal software, including payroll and
 1051  purchasing software.
 1052         (III) Computer-aided dispatch.
 1053         c. Under a cost allocation plan agreed to by the county and
 1054  the sheriff, the sheriff shall pay the county for such support
 1055  services and information technology infrastructure from his or
 1056  her general fund budget, except for any support services and
 1057  information technology infrastructure costs that general law
 1058  otherwise and expressly requires the county to fund outside the
 1059  sheriff’s budget.
 1060         d. To satisfy compliance with this subsection and to
 1061  establish the office of the sheriff in a manner that minimizes
 1062  unnecessary financial expenditures, the county and the sheriff
 1063  shall execute an interlocal agreement addressing the
 1064  requirements of this subsection and other expenditures,
 1065  including an appropriate phase-in period for identification of
 1066  the sheriff’s assets with the sheriff’s markings to minimize the
 1067  cost to taxpayers. The interlocal agreement shall have a term
 1068  that ends no earlier than September 30, 2028, and may be
 1069  amended, renewed, extended, or newly adopted at any time
 1070  following the expiration or termination of the agreement. After
 1071  the initial period ending no earlier than September 30, 2028, an
 1072  interlocal agreement may be entered into between the county and
 1073  the sheriff which provides for the same or different
 1074  requirements as set forth in this subsection.
 1075         Section 12. For the purpose of incorporating the amendment
 1076  made by this act to section 768.28, Florida Statutes, in
 1077  references thereto, paragraph (h) of subsection (3) and
 1078  paragraph (k) of subsection (15) of section 163.01, Florida
 1079  Statutes, are reenacted to read:
 1080         163.01 Florida Interlocal Cooperation Act of 1969.—
 1081         (3) As used in this section:
 1082         (h) “Local government liability pool” means a reciprocal
 1083  insurer as defined in s. 629.011 or any self-insurance program
 1084  created pursuant to s. 768.28(16), formed and controlled by
 1085  counties or municipalities of this state to provide liability
 1086  insurance coverage for counties, municipalities, or other public
 1087  agencies of this state, which pool may contract with other
 1088  parties for the purpose of providing claims administration,
 1089  processing, accounting, and other administrative facilities.
 1090         (15) Notwithstanding any other provision of this section or
 1091  of any other law except s. 361.14, any public agency of this
 1092  state which is an electric utility, or any separate legal entity
 1093  created pursuant to the provisions of this section, the
 1094  membership of which consists only of electric utilities, and
 1095  which exercises or proposes to exercise the powers granted by
 1096  part II of chapter 361, the Joint Power Act, may exercise any or
 1097  all of the following powers:
 1098         (k) The limitations on waiver in the provisions of s.
 1099  768.28 or any other law to the contrary notwithstanding, the
 1100  Legislature, in accordance with s. 13, Art. X of the State
 1101  Constitution, hereby declares that any such legal entity or any
 1102  public agency of this state that participates in any electric
 1103  project waives its sovereign immunity to:
 1104         1. All other persons participating therein; and
 1105         2. Any person in any manner contracting with a legal entity
 1106  of which any such public agency is a member, with relation to:
 1107         a. Ownership, operation, or any other activity set forth in
 1108  sub-subparagraph (b)2.d. with relation to any electric project;
 1109  or
 1110         b. The supplying or purchasing of services, output,
 1111  capacity, energy, or any combination thereof.
 1112         Section 13. For the purpose of incorporating the amendment
 1113  made by this act to section 768.28, Florida Statutes, in a
 1114  reference thereto, section 190.043, Florida Statutes, is
 1115  reenacted to read:
 1116         190.043 Suits against the district.—Any suit or action
 1117  brought or maintained against the district for damages arising
 1118  out of tort, including, without limitation, any claim arising
 1119  upon account of an act causing an injury or loss of property,
 1120  personal injury, or death, shall be subject to the limitations
 1121  provided in s. 768.28.
 1122         Section 14. For the purpose of incorporating the amendment
 1123  made by this act to section 768.28, Florida Statutes, in a
 1124  reference thereto, subsection (13) of section 213.015, Florida
 1125  Statutes, is reenacted to read:
 1126         213.015 Taxpayer rights.—There is created a Florida
 1127  Taxpayer’s Bill of Rights to guarantee that the rights, privacy,
 1128  and property of Florida taxpayers are adequately safeguarded and
 1129  protected during tax assessment, collection, and enforcement
 1130  processes administered under the revenue laws of this state. The
 1131  Taxpayer’s Bill of Rights compiles, in one document, brief but
 1132  comprehensive statements which explain, in simple, nontechnical
 1133  terms, the rights and obligations of the Department of Revenue
 1134  and taxpayers. Section 192.0105 provides additional rights
 1135  afforded to payors of property taxes and assessments. The rights
 1136  afforded taxpayers to ensure that their privacy and property are
 1137  safeguarded and protected during tax assessment and collection
 1138  are available only insofar as they are implemented in other
 1139  parts of the Florida Statutes or rules of the Department of
 1140  Revenue. The rights so guaranteed Florida taxpayers in the
 1141  Florida Statutes and the departmental rules are:
 1142         (13) The right to an action at law within the limitations
 1143  of s. 768.28, relating to sovereign immunity, to recover damages
 1144  against the state or the Department of Revenue for injury caused
 1145  by the wrongful or negligent act or omission of a department
 1146  officer or employee (see s. 768.28).
 1147         Section 15. For the purpose of incorporating the amendment
 1148  made by this act to section 768.28, Florida Statutes, in a
 1149  reference thereto, section 252.51, Florida Statutes, is
 1150  reenacted to read:
 1151         252.51 Liability.—Any person or organization, public or
 1152  private, owning or controlling real estate or other premises who
 1153  voluntarily and without compensation, other than payment or
 1154  reimbursement of costs and expenses, grants a license or
 1155  privilege or otherwise permits the designation by the local
 1156  emergency management agency or use of the whole or any part of
 1157  such real estate or premises for the purpose of sheltering
 1158  persons during an actual, impending, mock, or practice
 1159  emergency, together with her or his successor in interest, if
 1160  any, shall not be liable for the death of, or injury to, any
 1161  person on or about such real estate or premises during the
 1162  actual, impending, mock, or practice emergency, or for loss of,
 1163  or damage to, the property of such person, solely by reason or
 1164  as a result of such license, privilege, designation, or use,
 1165  unless the gross negligence or the willful and wanton misconduct
 1166  of such person owning or controlling such real estate or
 1167  premises or her or his successor in interest is the proximate
 1168  cause of such death, injury, loss, or damage occurring during
 1169  such sheltering period. Any such person or organization who
 1170  provides such shelter space for compensation shall be deemed to
 1171  be an instrumentality of the state or its applicable agency or
 1172  subdivision for the purposes of s. 768.28.
 1173         Section 16. For the purpose of incorporating the amendment
 1174  made by this act to section 768.28, Florida Statutes, in a
 1175  reference thereto, section 252.89, Florida Statutes, is
 1176  reenacted to read:
 1177         252.89 Tort liability.—The commission and the committees
 1178  shall be state agencies, and the members of the commission and
 1179  committees shall be officers, employees, or agents of the state
 1180  for the purposes of s. 768.28.
 1181         Section 17. For the purpose of incorporating the amendment
 1182  made by this act to section 768.28, Florida Statutes, in a
 1183  reference thereto, section 252.944, Florida Statutes, is
 1184  reenacted to read:
 1185         252.944 Tort liability.—The commission and the committees
 1186  are state agencies, and the members of the commission and
 1187  committees are officers, employees, or agents of the state for
 1188  the purpose of s. 768.28.
 1189         Section 18. For the purpose of incorporating the amendment
 1190  made by this act to section 768.28, Florida Statutes, in a
 1191  reference thereto, subsection (2) of section 260.0125, Florida
 1192  Statutes, is reenacted to read:
 1193         260.0125 Limitation on liability of private landowners
 1194  whose property is designated as part of the statewide system of
 1195  greenways and trails.—
 1196         (2) Any private landowner who consents to designation of
 1197  his or her land as part of the statewide system of greenways and
 1198  trails pursuant to s. 260.016(2)(d) without compensation shall
 1199  be considered a volunteer, as defined in s. 110.501, and shall
 1200  be covered by state liability protection pursuant to s. 768.28,
 1201  including s. 768.28(9).
 1202         Section 19. For the purpose of incorporating the amendment
 1203  made by this act to section 768.28, Florida Statutes, in a
 1204  reference thereto, section 284.31, Florida Statutes, is
 1205  reenacted to read:
 1206         284.31 Scope and types of coverages; separate accounts.—The
 1207  Insurance Risk Management Trust Fund must, unless specifically
 1208  excluded by the Department of Financial Services, cover all
 1209  departments of the State of Florida and their employees, agents,
 1210  and volunteers and must provide separate accounts for workers’
 1211  compensation, general liability, fleet automotive liability,
 1212  federal civil rights actions under 42 U.S.C. s. 1983 or similar
 1213  federal statutes, state agency firefighter cancer benefits
 1214  payable under s. 112.1816(2), and court-awarded attorney fees in
 1215  other proceedings against the state except for such awards in
 1216  eminent domain or for inverse condemnation or for awards by the
 1217  Public Employees Relations Commission. Unless specifically
 1218  excluded by the Department of Financial Services, the Insurance
 1219  Risk Management Trust Fund must provide fleet automotive
 1220  liability coverage to motor vehicles titled to the state, or to
 1221  any department of the state, when such motor vehicles are used
 1222  by community transportation coordinators performing, under
 1223  contract to the appropriate department of the state, services
 1224  for the transportation disadvantaged under part I of chapter
 1225  427. Such fleet automotive liability coverage is primary and is
 1226  subject to s. 768.28 and parts II and III of chapter 284, and
 1227  applicable rules adopted thereunder, and the terms and
 1228  conditions of the certificate of coverage issued by the
 1229  Department of Financial Services.
 1230         Section 20. For the purpose of incorporating the amendment
 1231  made by this act to section 768.28, Florida Statutes, in
 1232  references thereto, section 284.38, Florida Statutes, is
 1233  reenacted to read:
 1234         284.38 Waiver of sovereign immunity; effect.—The insurance
 1235  programs developed herein shall provide limits as established by
 1236  the provisions of s. 768.28 if a tort claim. The limits provided
 1237  in s. 768.28 shall not apply to a civil rights action arising
 1238  under 42 U.S.C. s. 1983 or similar federal statute. Payment of a
 1239  pending or future claim or judgment arising under any of said
 1240  statutes may be made upon this act becoming a law, unless the
 1241  officer, employee, or agent has been determined in the final
 1242  judgment to have caused the harm intentionally; however, the
 1243  fund is authorized to pay all other court-ordered attorney’s
 1244  fees as provided under s. 284.31.
 1245         Section 21. For the purpose of incorporating the amendment
 1246  made by this act to section 768.28, Florida Statutes, in a
 1247  reference thereto, paragraph (b) of subsection (1) of section
 1248  322.13, Florida Statutes, is reenacted to read:
 1249         322.13 Driver license examiners.—
 1250         (1)
 1251         (b) Those persons serving as driver license examiners are
 1252  not liable for actions taken within the scope of their
 1253  employment or designation, except as provided by s. 768.28.
 1254         Section 22. For the purpose of incorporating the amendment
 1255  made by this act to section 768.28, Florida Statutes, in a
 1256  reference thereto, subsection (1) of section 337.19, Florida
 1257  Statutes, is reenacted to read:
 1258         337.19 Suits by and against department; limitation of
 1259  actions; forum.—
 1260         (1) Suits at law and in equity may be brought and
 1261  maintained by and against the department on any contract claim
 1262  arising from breach of an express provision or an implied
 1263  covenant of a written agreement or a written directive issued by
 1264  the department pursuant to the written agreement. In any such
 1265  suit, the department and the contractor shall have all of the
 1266  same rights and obligations as a private person under a like
 1267  contract except that no liability may be based on an oral
 1268  modification of either the written contract or written
 1269  directive. Nothing herein shall be construed to waive the
 1270  sovereign immunity of the state and its political subdivisions
 1271  from equitable claims and equitable remedies. Notwithstanding
 1272  anything to the contrary contained in this section, no employee
 1273  or agent of the department may be held personally liable to an
 1274  extent greater than that pursuant to s. 768.28 provided that no
 1275  suit sounding in tort shall be maintained against the
 1276  department.
 1277         Section 23. For the purpose of incorporating the amendment
 1278  made by this act to section 768.28, Florida Statutes, in a
 1279  reference thereto, subsection (17) of section 341.302, Florida
 1280  Statutes, is reenacted to read:
 1281         341.302 Rail program; duties and responsibilities of the
 1282  department.—The department, in conjunction with other
 1283  governmental entities, including the rail enterprise and the
 1284  private sector, shall develop and implement a rail program of
 1285  statewide application designed to ensure the proper maintenance,
 1286  safety, revitalization, and expansion of the rail system to
 1287  assure its continued and increased availability to respond to
 1288  statewide mobility needs. Within the resources provided pursuant
 1289  to chapter 216, and as authorized under federal law, the
 1290  department shall:
 1291         (17) In conjunction with the acquisition, ownership,
 1292  construction, operation, maintenance, and management of a rail
 1293  corridor, have the authority to:
 1294         (a) Assume obligations pursuant to the following:
 1295         1.a. The department may assume the obligation by contract
 1296  to forever protect, defend, indemnify, and hold harmless the
 1297  freight rail operator, or its successors, from whom the
 1298  department has acquired a real property interest in the rail
 1299  corridor, and that freight rail operator’s officers, agents, and
 1300  employees, from and against any liability, cost, and expense,
 1301  including, but not limited to, commuter rail passengers and rail
 1302  corridor invitees in the rail corridor, regardless of whether
 1303  the loss, damage, destruction, injury, or death giving rise to
 1304  any such liability, cost, or expense is caused in whole or in
 1305  part, and to whatever nature or degree, by the fault, failure,
 1306  negligence, misconduct, nonfeasance, or misfeasance of such
 1307  freight rail operator, its successors, or its officers, agents,
 1308  and employees, or any other person or persons whomsoever; or
 1309         b. The department may assume the obligation by contract to
 1310  forever protect, defend, indemnify, and hold harmless National
 1311  Railroad Passenger Corporation, or its successors, and officers,
 1312  agents, and employees of National Railroad Passenger
 1313  Corporation, from and against any liability, cost, and expense,
 1314  including, but not limited to, commuter rail passengers and rail
 1315  corridor invitees in the rail corridor, regardless of whether
 1316  the loss, damage, destruction, injury, or death giving rise to
 1317  any such liability, cost, or expense is caused in whole or in
 1318  part, and to whatever nature or degree, by the fault, failure,
 1319  negligence, misconduct, nonfeasance, or misfeasance of National
 1320  Railroad Passenger Corporation, its successors, or its officers,
 1321  agents, and employees, or any other person or persons
 1322  whomsoever.
 1323         2. The assumption of liability of the department by
 1324  contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
 1325  1.b. may not in any instance exceed the following parameters of
 1326  allocation of risk:
 1327         a. The department may be solely responsible for any loss,
 1328  injury, or damage to commuter rail passengers, or rail corridor
 1329  invitees, or trespassers, regardless of circumstances or cause,
 1330  subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
 1331  6.
 1332         b.(I) In the event of a limited covered accident, the
 1333  authority of the department to protect, defend, and indemnify
 1334  the freight operator for all liability, cost, and expense,
 1335  including punitive or exemplary damages, in excess of the
 1336  deductible or self-insurance retention fund established under
 1337  paragraph (b) and actually in force at the time of the limited
 1338  covered accident exists only if the freight operator agrees,
 1339  with respect to the limited covered accident, to protect,
 1340  defend, and indemnify the department for the amount of the
 1341  deductible or self-insurance retention fund established under
 1342  paragraph (b) and actually in force at the time of the limited
 1343  covered accident.
 1344         (II) In the event of a limited covered accident, the
 1345  authority of the department to protect, defend, and indemnify
 1346  National Railroad Passenger Corporation for all liability, cost,
 1347  and expense, including punitive or exemplary damages, in excess
 1348  of the deductible or self-insurance retention fund established
 1349  under paragraph (b) and actually in force at the time of the
 1350  limited covered accident exists only if National Railroad
 1351  Passenger Corporation agrees, with respect to the limited
 1352  covered accident, to protect, defend, and indemnify the
 1353  department for the amount of the deductible or self-insurance
 1354  retention fund established under paragraph (b) and actually in
 1355  force at the time of the limited covered accident.
 1356         3. When only one train is involved in an incident, the
 1357  department may be solely responsible for any loss, injury, or
 1358  damage if the train is a department train or other train
 1359  pursuant to subparagraph 4., but only if:
 1360         a. When an incident occurs with only a freight train
 1361  involved, including incidents with trespassers or at grade
 1362  crossings, the freight rail operator is solely responsible for
 1363  any loss, injury, or damage, except for commuter rail passengers
 1364  and rail corridor invitees; or
 1365         b. When an incident occurs with only a National Railroad
 1366  Passenger Corporation train involved, including incidents with
 1367  trespassers or at grade crossings, National Railroad Passenger
 1368  Corporation is solely responsible for any loss, injury, or
 1369  damage, except for commuter rail passengers and rail corridor
 1370  invitees.
 1371         4. For the purposes of this subsection:
 1372         a. Any train involved in an incident that is neither the
 1373  department’s train nor the freight rail operator’s train,
 1374  hereinafter referred to in this subsection as an “other train,”
 1375  may be treated as a department train, solely for purposes of any
 1376  allocation of liability between the department and the freight
 1377  rail operator only, but only if the department and the freight
 1378  rail operator share responsibility equally as to third parties
 1379  outside the rail corridor who incur loss, injury, or damage as a
 1380  result of any incident involving both a department train and a
 1381  freight rail operator train, and the allocation as between the
 1382  department and the freight rail operator, regardless of whether
 1383  the other train is treated as a department train, shall remain
 1384  one-half each as to third parties outside the rail corridor who
 1385  incur loss, injury, or damage as a result of the incident. The
 1386  involvement of any other train shall not alter the sharing of
 1387  equal responsibility as to third parties outside the rail
 1388  corridor who incur loss, injury, or damage as a result of the
 1389  incident; or
 1390         b. Any train involved in an incident that is neither the
 1391  department’s train nor the National Railroad Passenger
 1392  Corporation’s train, hereinafter referred to in this subsection
 1393  as an “other train,” may be treated as a department train,
 1394  solely for purposes of any allocation of liability between the
 1395  department and National Railroad Passenger Corporation only, but
 1396  only if the department and National Railroad Passenger
 1397  Corporation share responsibility equally as to third parties
 1398  outside the rail corridor who incur loss, injury, or damage as a
 1399  result of any incident involving both a department train and a
 1400  National Railroad Passenger Corporation train, and the
 1401  allocation as between the department and National Railroad
 1402  Passenger Corporation, regardless of whether the other train is
 1403  treated as a department train, shall remain one-half each as to
 1404  third parties outside the rail corridor who incur loss, injury,
 1405  or damage as a result of the incident. The involvement of any
 1406  other train shall not alter the sharing of equal responsibility
 1407  as to third parties outside the rail corridor who incur loss,
 1408  injury, or damage as a result of the incident.
 1409         5. When more than one train is involved in an incident:
 1410         a.(I) If only a department train and freight rail
 1411  operator’s train, or only an other train as described in sub
 1412  subparagraph 4.a. and a freight rail operator’s train, are
 1413  involved in an incident, the department may be responsible for
 1414  its property and all of its people, all commuter rail
 1415  passengers, and rail corridor invitees, but only if the freight
 1416  rail operator is responsible for its property and all of its
 1417  people, and the department and the freight rail operator each
 1418  share one-half responsibility as to trespassers or third parties
 1419  outside the rail corridor who incur loss, injury, or damage as a
 1420  result of the incident; or
 1421         (II) If only a department train and a National Railroad
 1422  Passenger Corporation train, or only an other train as described
 1423  in sub-subparagraph 4.b. and a National Railroad Passenger
 1424  Corporation train, are involved in an incident, the department
 1425  may be responsible for its property and all of its people, all
 1426  commuter rail passengers, and rail corridor invitees, but only
 1427  if National Railroad Passenger Corporation is responsible for
 1428  its property and all of its people, all National Railroad
 1429  Passenger Corporation’s rail passengers, and the department and
 1430  National Railroad Passenger Corporation each share one-half
 1431  responsibility as to trespassers or third parties outside the
 1432  rail corridor who incur loss, injury, or damage as a result of
 1433  the incident.
 1434         b.(I) If a department train, a freight rail operator train,
 1435  and any other train are involved in an incident, the allocation
 1436  of liability between the department and the freight rail
 1437  operator, regardless of whether the other train is treated as a
 1438  department train, shall remain one-half each as to third parties
 1439  outside the rail corridor who incur loss, injury, or damage as a
 1440  result of the incident; the involvement of any other train shall
 1441  not alter the sharing of equal responsibility as to third
 1442  parties outside the rail corridor who incur loss, injury, or
 1443  damage as a result of the incident; and, if the owner, operator,
 1444  or insurer of the other train makes any payment to injured third
 1445  parties outside the rail corridor who incur loss, injury, or
 1446  damage as a result of the incident, the allocation of credit
 1447  between the department and the freight rail operator as to such
 1448  payment shall not in any case reduce the freight rail operator’s
 1449  third-party-sharing allocation of one-half under this paragraph
 1450  to less than one-third of the total third party liability; or
 1451         (II) If a department train, a National Railroad Passenger
 1452  Corporation train, and any other train are involved in an
 1453  incident, the allocation of liability between the department and
 1454  National Railroad Passenger Corporation, regardless of whether
 1455  the other train is treated as a department train, shall remain
 1456  one-half each as to third parties outside the rail corridor who
 1457  incur loss, injury, or damage as a result of the incident; the
 1458  involvement of any other train shall not alter the sharing of
 1459  equal responsibility as to third parties outside the rail
 1460  corridor who incur loss, injury, or damage as a result of the
 1461  incident; and, if the owner, operator, or insurer of the other
 1462  train makes any payment to injured third parties outside the
 1463  rail corridor who incur loss, injury, or damage as a result of
 1464  the incident, the allocation of credit between the department
 1465  and National Railroad Passenger Corporation as to such payment
 1466  shall not in any case reduce National Railroad Passenger
 1467  Corporation’s third-party-sharing allocation of one-half under
 1468  this sub-subparagraph to less than one-third of the total third
 1469  party liability.
 1470         6. Any such contractual duty to protect, defend, indemnify,
 1471  and hold harmless such a freight rail operator or National
 1472  Railroad Passenger Corporation shall expressly include a
 1473  specific cap on the amount of the contractual duty, which amount
 1474  shall not exceed $200 million without prior legislative
 1475  approval, and the department to purchase liability insurance and
 1476  establish a self-insurance retention fund in the amount of the
 1477  specific cap established under this subparagraph, provided that:
 1478         a. No such contractual duty shall in any case be effective
 1479  nor otherwise extend the department’s liability in scope and
 1480  effect beyond the contractual liability insurance and self
 1481  insurance retention fund required pursuant to this paragraph;
 1482  and
 1483         b.(I) The freight rail operator’s compensation to the
 1484  department for future use of the department’s rail corridor
 1485  shall include a monetary contribution to the cost of such
 1486  liability coverage for the sole benefit of the freight rail
 1487  operator.
 1488         (II) National Railroad Passenger Corporation’s compensation
 1489  to the department for future use of the department’s rail
 1490  corridor shall include a monetary contribution to the cost of
 1491  such liability coverage for the sole benefit of National
 1492  Railroad Passenger Corporation.
 1493         (b) Purchase liability insurance, which amount shall not
 1494  exceed $200 million, and establish a self-insurance retention
 1495  fund for the purpose of paying the deductible limit established
 1496  in the insurance policies it may obtain, including coverage for
 1497  the department, any freight rail operator as described in
 1498  paragraph (a), National Railroad Passenger Corporation, commuter
 1499  rail service providers, governmental entities, or any ancillary
 1500  development, which self-insurance retention fund or deductible
 1501  shall not exceed $10 million. The insureds shall pay a
 1502  reasonable monetary contribution to the cost of such liability
 1503  coverage for the sole benefit of the insured. Such insurance and
 1504  self-insurance retention fund may provide coverage for all
 1505  damages, including, but not limited to, compensatory, special,
 1506  and exemplary, and be maintained to provide an adequate fund to
 1507  cover claims and liabilities for loss, injury, or damage arising
 1508  out of or connected with the ownership, operation, maintenance,
 1509  and management of a rail corridor.
 1510         (c) Incur expenses for the purchase of advertisements,
 1511  marketing, and promotional items.
 1512         (d) Without altering any of the rights granted to the
 1513  department under this section, agree to assume the obligations
 1514  to indemnify and insure, pursuant to s. 343.545, freight rail
 1515  service, intercity passenger rail service, and commuter rail
 1516  service on a department-owned rail corridor, whether ownership
 1517  is in fee or by easement, or on a rail corridor where the
 1518  department has the right to operate.
 1519  
 1520  Neither the assumption by contract to protect, defend,
 1521  indemnify, and hold harmless; the purchase of insurance; nor the
 1522  establishment of a self-insurance retention fund shall be deemed
 1523  to be a waiver of any defense of sovereign immunity for torts
 1524  nor deemed to increase the limits of the department’s or the
 1525  governmental entity’s liability for torts as provided in s.
 1526  768.28. The requirements of s. 287.022(1) shall not apply to the
 1527  purchase of any insurance under this subsection. The provisions
 1528  of this subsection shall apply and inure fully as to any other
 1529  governmental entity providing commuter rail service and
 1530  constructing, operating, maintaining, or managing a rail
 1531  corridor on publicly owned right-of-way under contract by the
 1532  governmental entity with the department or a governmental entity
 1533  designated by the department. Notwithstanding any law to the
 1534  contrary, procurement for the construction, operation,
 1535  maintenance, and management of any rail corridor described in
 1536  this subsection, whether by the department, a governmental
 1537  entity under contract with the department, or a governmental
 1538  entity designated by the department, shall be pursuant to s.
 1539  287.057 and shall include, but not be limited to, criteria for
 1540  the consideration of qualifications, technical aspects of the
 1541  proposal, and price. Further, any such contract for design-build
 1542  shall be procured pursuant to the criteria in s. 337.11(7).
 1543         Section 24. For the purpose of incorporating the amendment
 1544  made by this act to section 768.28, Florida Statutes, in a
 1545  reference thereto, subsection (3) of section 343.811, Florida
 1546  Statutes, is reenacted to read:
 1547         343.811 Power to assume indemnification and insurance
 1548  obligations.—
 1549         (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
 1550  conjunction with the development or operation of a commuter rail
 1551  service on the Coastal Link corridor, an agency may:
 1552         (a) Assume obligations pursuant to the following:
 1553         1.a. The agency may assume the obligation by contract to
 1554  protect, defend, indemnify, and hold harmless FECR and its
 1555  officers, agents, and employees from and against:
 1556         (I) Any liability, cost, and expense, including, but not
 1557  limited to, the agency’s passengers and other rail corridor
 1558  invitees in, on, or about the Coastal Link corridor, regardless
 1559  of whether the loss, damage, destruction, injury, or death
 1560  giving rise to any such liability, cost, or expense is caused in
 1561  whole or in part, and to whatever nature or degree, by the
 1562  fault, failure, negligence, misconduct, nonfeasance, or
 1563  misfeasance of such freight rail operator, its successors, or
 1564  its officers, agents, and employees, or any other person or
 1565  persons whomsoever.
 1566         (II) Any loss, injury, or damage incurred by other rail
 1567  corridor invitees up to the amount of the self-insurance
 1568  retention amount with respect to limited covered accidents
 1569  caused by the agency.
 1570         b. The agency may assume the obligation by contract to
 1571  protect, defend, indemnify, and hold harmless Brightline and its
 1572  officers, agents, and employees from and against:
 1573         (I) Any liability, cost, and expense, including, but not
 1574  limited to, the agency’s passengers and rail corridor invitees
 1575  in the Coastal Link corridor, regardless of whether the loss,
 1576  damage, destruction, injury, or death giving rise to any such
 1577  liability, cost, or expense is caused in whole or in part, and
 1578  to whatever nature or degree, by the fault, failure, negligence,
 1579  misconduct, nonfeasance, or misfeasance of Brightline, its
 1580  successors, or its officers, agents, and employees, or any other
 1581  person or persons whomsoever.
 1582         (II) Any loss, injury, or damage incurred by other rail
 1583  corridor invitees up to the amount of the self-insurance
 1584  retention amount with respect to limited covered accidents
 1585  caused by the agency.
 1586         2. The assumption of liability of the agency by contract
 1587  pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
 1588  not in any instance exceed the following parameters of
 1589  allocation of risk:
 1590         a. The agency may be solely responsible for any loss,
 1591  injury, or damage to the agency’s passengers, or rail corridor
 1592  invitees, third parties, or trespassers, regardless of
 1593  circumstances or cause, subject to sub-subparagraph b. and
 1594  subparagraphs 3., 4., and 5.
 1595         b.(I) In the event of a limited covered accident caused by
 1596  FECR, the authority of an agency to protect, defend, and
 1597  indemnify FECR for all liability, cost, and expense, including
 1598  punitive or exemplary damages, in excess of the self-insurance
 1599  retention amount exists only if FECR agrees, with respect to
 1600  such limited covered accident caused by FECR, to protect,
 1601  defend, and indemnify the agency for the amount of the self
 1602  insurance retention amount.
 1603         (II) In the event of a limited covered accident caused by
 1604  Brightline, the authority of an agency to protect, defend, and
 1605  indemnify Brightline for all liability, cost, and expense,
 1606  including punitive or exemplary damages, in excess of the self
 1607  insurance retention amount exists only if Brightline agrees,
 1608  with respect to such limited covered accident, to protect,
 1609  defend, and indemnify the agency for the amount of the self
 1610  insurance retention amount.
 1611         3. When only one train is involved in an incident and:
 1612         a. The train is an agency’s train, including an incident
 1613  with trespassers or at-grade crossings, the agency may be solely
 1614  responsible for any loss, injury, or damage.
 1615         b. The train is FECR’s train, including an incident with
 1616  trespassers or at-grade crossings, FECR is solely responsible
 1617  for any loss, injury, or damage, except for the agency’s
 1618  passengers and other rail corridor invitees, which are the
 1619  responsibility of the agency, and Brightline’s passengers and
 1620  other rail corridor invitees, which are the responsibility of
 1621  Brightline.
 1622         c. The train is Brightline’s train, including an incident
 1623  with trespassers or at-grade crossings, Brightline is solely
 1624  responsible for any loss, injury, or damage, except for the
 1625  agency’s passengers or rail corridor invitees, which are the
 1626  responsibility of the agency, and FECR’s rail corridor invitees,
 1627  which are the responsibility of FECR.
 1628         4. When an incident involves more than one operator, each
 1629  operator is responsible for:
 1630         a. Its property; passengers; employees, excluding employees
 1631  who are, at the time of the incident, rail corridor invitees of
 1632  another operator; and other rail corridor invitees.
 1633         b. Its proportionate share of any loss or damage to the
 1634  joint infrastructure.
 1635         c. Its proportionate share of any loss, injury, or damage
 1636  to:
 1637         (I) Rail corridor invitees who are not rail corridor
 1638  invitees of operators, provided that the agency shall always be
 1639  responsible for its passengers and its rail corridor invitees
 1640  regardless of whether the agency was involved in the incident.
 1641         (II) Trespassers or third parties outside the Coastal Link
 1642  corridor as a result of the incident.
 1643         5. Any such contractual duty to protect, defend, indemnify,
 1644  and hold harmless FECR or Brightline with respect to claims by
 1645  rail passengers shall expressly include a specific cap on the
 1646  amount of the contractual duty, which amount may not exceed $323
 1647  million per occurrence and shall be adjusted so that the per
 1648  occurrence insurance requirement is equal to the aggregate
 1649  allowable awards to all rail passengers, against all defendants,
 1650  for all claims, including claims for punitive damages, arising
 1651  from a single accident or incident in accordance with 49 U.S.C.
 1652  s. 28103, or any successor provision, without prior legislative
 1653  approval.
 1654         6. Notwithstanding any provision of this section to the
 1655  contrary, the liabilities of the agency to the state or any
 1656  other agency shall be as set forth in an agreement among such
 1657  entities and limited by s. 768.28(19).
 1658         (b) Purchase liability insurance, which amount may not
 1659  exceed $323 million per occurrence, which amount shall be
 1660  adjusted so that the per-occurrence insurance requirement is
 1661  equal to the aggregate allowable awards to all rail passengers,
 1662  against all defendants, for all claims, including claims for
 1663  punitive damages, arising from a single accident or incident in
 1664  accordance with 49 U.S.C. s. 28103, or any successor provision,
 1665  and establish a self-insurance retention fund for the purpose of
 1666  paying the deductible limit established in the insurance
 1667  policies it may obtain, including coverage for a county agency,
 1668  any freight rail operator as described in paragraph (a),
 1669  Brightline, commuter rail service providers, governmental
 1670  entities, or any ancillary development, which self-insurance
 1671  retention fund or deductible shall not exceed the self-insurance
 1672  retention amount.
 1673         1. Such insurance and self-insurance retention fund may
 1674  provide coverage for all damages, including, but not limited to,
 1675  compensatory, special, and exemplary, and be maintained to
 1676  provide an adequate fund to cover claims and liabilities for
 1677  loss, injury, or damage arising out of or connected with the
 1678  ownership, operation, maintenance, and management of the Coastal
 1679  Link corridor.
 1680         2. Any self-insured retention account shall be a segregated
 1681  account of the agency and shall be subject to the same
 1682  conditions, restrictions, exclusions, obligations, and duties
 1683  included in any and all of the policies of liability insurance
 1684  purchased under this paragraph.
 1685         3. Unless otherwise specifically provided by general law,
 1686  FECR and Brightline, and their respective officers, agents, and
 1687  employees, are not officers, agents, employees, or subdivisions
 1688  of the state and are not entitled to sovereign immunity.
 1689  
 1690  Neither the assumption by contract to protect, defend,
 1691  indemnify, and hold harmless; the purchase of insurance; nor the
 1692  establishment of a self-insurance retention fund shall be deemed
 1693  to be a waiver of any defense of sovereign immunity for tort
 1694  claims or deemed to increase the limits of the agency’s
 1695  liability for tort claims as provided in s. 768.28.
 1696         Section 25. For the purpose of incorporating the amendment
 1697  made by this act to section 768.28, Florida Statutes, in a
 1698  reference thereto, paragraph (c) of subsection (4) of section
 1699  351.03, Florida Statutes, is reenacted to read:
 1700         351.03 Railroad-highway grade-crossing warning signs and
 1701  signals; audible warnings; exercise of reasonable care; blocking
 1702  highways, roads, and streets during darkness.—
 1703         (4)
 1704         (c) Nothing in this subsection shall be construed to
 1705  nullify the liability provisions of s. 768.28.
 1706         Section 26. For the purpose of incorporating the amendment
 1707  made by this act to section 768.28, Florida Statutes, in a
 1708  reference thereto, subsection (6) of section 373.1395, Florida
 1709  Statutes, is reenacted to read:
 1710         373.1395 Limitation on liability of water management
 1711  district with respect to areas made available to the public for
 1712  recreational purposes without charge.—
 1713         (6) This section does not relieve any water management
 1714  district of any liability that would otherwise exist for gross
 1715  negligence or a deliberate, willful, or malicious injury to a
 1716  person or property. This section does not create or increase the
 1717  liability of any water management district or person beyond that
 1718  which is authorized by s. 768.28.
 1719         Section 27. For the purpose of incorporating the amendment
 1720  made by this act to section 768.28, Florida Statutes, in a
 1721  reference thereto, paragraph (a) of subsection (3) of section
 1722  375.251, Florida Statutes, is reenacted to read:
 1723         375.251 Limitation on liability of persons making available
 1724  to public certain areas for recreational purposes without
 1725  charge.—
 1726         (3)(a) An owner of an area who enters into a written
 1727  agreement concerning the area with a state agency for outdoor
 1728  recreational purposes, where such agreement recognizes that the
 1729  state agency is responsible for personal injury, loss, or damage
 1730  resulting in whole or in part from the state agency’s use of the
 1731  area under the terms of the agreement subject to the limitations
 1732  and conditions specified in s. 768.28, owes no duty of care to
 1733  keep the area safe for entry or use by others, or to give
 1734  warning to persons entering or going on the area of any
 1735  hazardous conditions, structures, or activities thereon. An
 1736  owner who enters into a written agreement concerning the area
 1737  with a state agency for outdoor recreational purposes:
 1738         1. Is not presumed to extend any assurance that the area is
 1739  safe for any purpose;
 1740         2. Does not incur any duty of care toward a person who goes
 1741  on the area that is subject to the agreement; or
 1742         3. Is not liable or responsible for any injury to persons
 1743  or property caused by the act or omission of a person who goes
 1744  on the area that is subject to the agreement.
 1745         Section 28. For the purpose of incorporating the amendment
 1746  made by this act to section 768.28, Florida Statutes, in a
 1747  reference thereto, subsection (9) of section 381.0056, Florida
 1748  Statutes, is reenacted to read:
 1749         381.0056 School health services program.—
 1750         (9) Any health care entity that provides school health
 1751  services under contract with the department pursuant to a school
 1752  health services plan developed under this section, and as part
 1753  of a school nurse services public-private partnership, is deemed
 1754  to be a corporation acting primarily as an instrumentality of
 1755  the state solely for the purpose of limiting liability pursuant
 1756  to s. 768.28(5). The limitations on tort actions contained in s.
 1757  768.28(5) shall apply to any action against the entity with
 1758  respect to the provision of school health services, if the
 1759  entity is acting within the scope of and pursuant to guidelines
 1760  established in the contract or by rule of the department. The
 1761  contract must require the entity, or the partnership on behalf
 1762  of the entity, to obtain general liability insurance coverage,
 1763  with any additional endorsement necessary to insure the entity
 1764  for liability assumed by its contract with the department. The
 1765  Legislature intends that insurance be purchased by entities, or
 1766  by partnerships on behalf of the entity, to cover all liability
 1767  claims, and under no circumstances shall the state or the
 1768  department be responsible for payment of any claims or defense
 1769  costs for claims brought against the entity or its subcontractor
 1770  for services performed under the contract with the department.
 1771  This subsection does not preclude consideration by the
 1772  Legislature for payment by the state of any claims bill
 1773  involving an entity contracting with the department pursuant to
 1774  this section.
 1775         Section 29. For the purpose of incorporating the amendment
 1776  made by this act to section 768.28, Florida Statutes, in a
 1777  reference thereto, subsection (3) of section 393.075, Florida
 1778  Statutes, is reenacted to read:
 1779         393.075 General liability coverage.—
 1780         (3) This section shall not be construed as designating or
 1781  not designating that a person who owns or operates a foster care
 1782  facility or group home facility as described in this section or
 1783  any other person is an employee or agent of the state. Nothing
 1784  in this section amends, expands, or supersedes the provisions of
 1785  s. 768.28.
 1786         Section 30. For the purpose of incorporating the amendment
 1787  made by this act to section 768.28, Florida Statutes, in a
 1788  reference thereto, subsection (7) of section 394.9085, Florida
 1789  Statutes, is reenacted to read:
 1790         394.9085 Behavioral provider liability.—
 1791         (7) This section shall not be construed to waive sovereign
 1792  immunity for any governmental unit or other entity protected by
 1793  sovereign immunity. Section 768.28 shall continue to apply to
 1794  all governmental units and such entities.
 1795         Section 31. For the purpose of incorporating the amendment
 1796  made by this act to section 768.28, Florida Statutes, in a
 1797  reference thereto, paragraph (g) of subsection (10) of section
 1798  395.1055, Florida Statutes, is reenacted to read:
 1799         395.1055 Rules and enforcement.—
 1800         (10) The agency shall establish a pediatric cardiac
 1801  technical advisory panel, pursuant to s. 20.052, to develop
 1802  procedures and standards for measuring outcomes of pediatric
 1803  cardiac catheterization programs and pediatric cardiovascular
 1804  surgery programs.
 1805         (g) Panel members are agents of the state for purposes of
 1806  s. 768.28 throughout the good faith performance of the duties
 1807  assigned to them by the Secretary of Health Care Administration.
 1808         Section 32. For the purpose of incorporating the amendment
 1809  made by this act to section 768.28, Florida Statutes, in a
 1810  reference thereto, paragraph (c) of subsection (17) of section
 1811  403.706, Florida Statutes, is reenacted to read:
 1812         403.706 Local government solid waste responsibilities.—
 1813         (17) To effect the purposes of this part, counties and
 1814  municipalities are authorized, in addition to other powers
 1815  granted pursuant to this part:
 1816         (c) To waive sovereign immunity and immunity from suit in
 1817  federal court by vote of the governing body of the county or
 1818  municipality to the extent necessary to carry out the authority
 1819  granted in paragraphs (a) and (b), notwithstanding the
 1820  limitations prescribed in s. 768.28.
 1821         Section 33. For the purpose of incorporating the amendment
 1822  made by this act to section 768.28, Florida Statutes, in a
 1823  reference thereto, paragraph (b) of subsection (15) of section
 1824  409.175, Florida Statutes, is reenacted to read:
 1825         409.175 Licensure of family foster homes, residential
 1826  child-caring agencies, and child-placing agencies; public
 1827  records exemption.—
 1828         (15)
 1829         (b) This subsection may not be construed as designating or
 1830  not designating that a person who owns or operates a family
 1831  foster home as described in this subsection or any other person
 1832  is an employee or agent of the state. Nothing in this subsection
 1833  amends, expands, or supersedes the provisions of s. 768.28.
 1834         Section 34. For the purpose of incorporating the amendment
 1835  made by this act to section 768.28, Florida Statutes, in
 1836  references thereto, subsection (1), paragraph (a) of subsection
 1837  (2), and paragraph (a) of subsection (3) of section 409.993,
 1838  Florida Statutes, are reenacted to read:
 1839         409.993 Lead agencies and subcontractor liability.—
 1840         (1) FINDINGS.—
 1841         (a) The Legislature finds that the state has traditionally
 1842  provided foster care services to children who are the
 1843  responsibility of the state. As such, foster children have not
 1844  had the right to recover for injuries beyond the limitations
 1845  specified in s. 768.28. The Legislature has determined that
 1846  foster care and related services should be outsourced pursuant
 1847  to this section and that the provision of such services is of
 1848  paramount importance to the state. The purpose of such
 1849  outsourcing is to increase the level of safety, security, and
 1850  stability of children who are or become the responsibility of
 1851  the state. One of the components necessary to secure a safe and
 1852  stable environment for such children is the requirement that
 1853  private providers maintain liability insurance. As such,
 1854  insurance needs to be available and remain available to
 1855  nongovernmental foster care and related services providers
 1856  without the resources of such providers being significantly
 1857  reduced by the cost of maintaining such insurance.
 1858         (b) The Legislature further finds that, by requiring the
 1859  following minimum levels of insurance, children in outsourced
 1860  foster care and related services will gain increased protection
 1861  and rights of recovery in the event of injury than currently
 1862  provided in s. 768.28.
 1863         (2) LEAD AGENCY LIABILITY.—
 1864         (a) Other than an entity to which s. 768.28 applies, an
 1865  eligible community-based care lead agency, or its employees or
 1866  officers, except as otherwise provided in paragraph (b), shall,
 1867  as a part of its contract, obtain a minimum of $1 million per
 1868  occurrence with a policy period aggregate limit of $3 million in
 1869  general liability insurance coverage. The lead agency must also
 1870  require that staff who transport client children and families in
 1871  their personal automobiles in order to carry out their job
 1872  responsibilities obtain minimum bodily injury liability
 1873  insurance in the amount of $100,000 per person per any one
 1874  automobile accident, and subject to such limits for each person,
 1875  $300,000 for all damages resulting from any one automobile
 1876  accident, on their personal automobiles. In lieu of personal
 1877  motor vehicle insurance, the lead agency’s casualty, liability,
 1878  or motor vehicle insurance carrier may provide nonowned
 1879  automobile liability coverage. This insurance provides liability
 1880  insurance for an automobile that the lead agency uses in
 1881  connection with the lead agency’s business but does not own,
 1882  lease, rent, or borrow. This coverage includes an automobile
 1883  owned by an employee of the lead agency or a member of the
 1884  employee’s household but only while the automobile is used in
 1885  connection with the lead agency’s business. The nonowned
 1886  automobile coverage for the lead agency applies as excess
 1887  coverage over any other collectible insurance. The personal
 1888  automobile policy for the employee of the lead agency shall be
 1889  primary insurance, and the nonowned automobile coverage of the
 1890  lead agency acts as excess insurance to the primary insurance.
 1891  The lead agency shall provide a minimum limit of $1 million in
 1892  nonowned automobile coverage. In a tort action brought against
 1893  such a lead agency or employee, net economic damages shall be
 1894  limited to $2 million per liability claim and $200,000 per
 1895  automobile claim, including, but not limited to, past and future
 1896  medical expenses, wage loss, and loss of earning capacity,
 1897  offset by any collateral source payment paid or payable. In any
 1898  tort action brought against a lead agency, noneconomic damages
 1899  shall be limited to $400,000 per claim. A claims bill may be
 1900  brought on behalf of a claimant pursuant to s. 768.28 for any
 1901  amount exceeding the limits specified in this paragraph. Any
 1902  offset of collateral source payments made as of the date of the
 1903  settlement or judgment shall be in accordance with s. 768.76.
 1904  The lead agency is not liable in tort for the acts or omissions
 1905  of its subcontractors or the officers, agents, or employees of
 1906  its subcontractors.
 1907         (3) SUBCONTRACTOR LIABILITY.—
 1908         (a) A subcontractor of an eligible community-based care
 1909  lead agency that is a direct provider of foster care and related
 1910  services to children and families, and its employees or
 1911  officers, except as otherwise provided in paragraph (c), must,
 1912  as a part of its contract, obtain a minimum of $1 million per
 1913  occurrence with a policy period aggregate limit of $3 million in
 1914  general liability insurance coverage. The subcontractor of a
 1915  lead agency must also require that staff who transport client
 1916  children and families in their personal automobiles in order to
 1917  carry out their job responsibilities obtain minimum bodily
 1918  injury liability insurance in the amount of $100,000 per person
 1919  in any one automobile accident, and subject to such limits for
 1920  each person, $300,000 for all damages resulting from any one
 1921  automobile accident, on their personal automobiles. In lieu of
 1922  personal motor vehicle insurance, the subcontractor’s casualty,
 1923  liability, or motor vehicle insurance carrier may provide
 1924  nonowned automobile liability coverage. This insurance provides
 1925  liability insurance for automobiles that the subcontractor uses
 1926  in connection with the subcontractor’s business but does not
 1927  own, lease, rent, or borrow. This coverage includes automobiles
 1928  owned by the employees of the subcontractor or a member of the
 1929  employee’s household but only while the automobiles are used in
 1930  connection with the subcontractor’s business. The nonowned
 1931  automobile coverage for the subcontractor applies as excess
 1932  coverage over any other collectible insurance. The personal
 1933  automobile policy for the employee of the subcontractor shall be
 1934  primary insurance, and the nonowned automobile coverage of the
 1935  subcontractor acts as excess insurance to the primary insurance.
 1936  The subcontractor shall provide a minimum limit of $1 million in
 1937  nonowned automobile coverage. In a tort action brought against
 1938  such subcontractor or employee, net economic damages shall be
 1939  limited to $2 million per liability claim and $200,000 per
 1940  automobile claim, including, but not limited to, past and future
 1941  medical expenses, wage loss, and loss of earning capacity,
 1942  offset by any collateral source payment paid or payable. In a
 1943  tort action brought against such subcontractor, noneconomic
 1944  damages shall be limited to $400,000 per claim. A claims bill
 1945  may be brought on behalf of a claimant pursuant to s. 768.28 for
 1946  any amount exceeding the limits specified in this paragraph. Any
 1947  offset of collateral source payments made as of the date of the
 1948  settlement or judgment shall be in accordance with s. 768.76.
 1949         Section 35. For the purpose of incorporating the amendment
 1950  made by this act to section 768.28, Florida Statutes, in a
 1951  reference thereto, subsection (8) of section 420.504, Florida
 1952  Statutes, is reenacted to read:
 1953         420.504 Public corporation; creation, membership, terms,
 1954  expenses.—
 1955         (8) The corporation is a corporation primarily acting as an
 1956  instrumentality of the state, within the meaning of s. 768.28.
 1957         Section 36. For the purpose of incorporating the amendment
 1958  made by this act to section 768.28, Florida Statutes, in a
 1959  reference thereto, subsection (3) of section 455.221, Florida
 1960  Statutes, is reenacted to read:
 1961         455.221 Legal and investigative services.—
 1962         (3) Any person retained by the department under contract to
 1963  review materials, make site visits, or provide expert testimony
 1964  regarding any complaint or application filed with the department
 1965  relating to a profession under the jurisdiction of the
 1966  department shall be considered an agent of the department in
 1967  determining the state insurance coverage and sovereign immunity
 1968  protection applicability of ss. 284.31 and 768.28.
 1969         Section 37. For the purpose of incorporating the amendment
 1970  made by this act to section 768.28, Florida Statutes, in a
 1971  reference thereto, subsection (5) of section 455.32, Florida
 1972  Statutes, is reenacted to read:
 1973         455.32 Management Privatization Act.—
 1974         (5) Any such corporation may hire staff as necessary to
 1975  carry out its functions. Such staff are not public employees for
 1976  the purposes of chapter 110 or chapter 112, except that the
 1977  board of directors and the employees of the corporation are
 1978  subject to the provisions of s. 112.061 and part III of chapter
 1979  112. The provisions of s. 768.28 apply to each such corporation,
 1980  which is deemed to be a corporation primarily acting as an
 1981  instrumentality of the state but which is not an agency within
 1982  the meaning of s. 20.03(1).
 1983         Section 38. For the purpose of incorporating the amendment
 1984  made by this act to section 768.28, Florida Statutes, in a
 1985  reference thereto, subsection (3) of section 456.009, Florida
 1986  Statutes, is reenacted to read:
 1987         456.009 Legal and investigative services.—
 1988         (3) Any person retained by the department under contract to
 1989  review materials, make site visits, or provide expert testimony
 1990  regarding any complaint or application filed with the department
 1991  relating to a profession under the jurisdiction of the
 1992  department shall be considered an agent of the department in
 1993  determining the state insurance coverage and sovereign immunity
 1994  protection applicability of ss. 284.31 and 768.28.
 1995         Section 39. For the purpose of incorporating the amendment
 1996  made by this act to section 768.28, Florida Statutes, in a
 1997  reference thereto, paragraph (a) of subsection (15) of section
 1998  456.076, Florida Statutes, is reenacted to read:
 1999         456.076 Impaired practitioner programs.—
 2000         (15)(a) A consultant retained pursuant to this section and
 2001  a consultant’s directors, officers, employees, or agents shall
 2002  be considered agents of the department for purposes of s. 768.28
 2003  while acting within the scope of the consultant’s duties under
 2004  the contract with the department.
 2005         Section 40. For the purpose of incorporating the amendment
 2006  made by this act to section 768.28, Florida Statutes, in a
 2007  reference thereto, subsection (3) of section 471.038, Florida
 2008  Statutes, is reenacted to read:
 2009         471.038 Florida Engineers Management Corporation.—
 2010         (3) The Florida Engineers Management Corporation is created
 2011  to provide administrative, investigative, and prosecutorial
 2012  services to the board in accordance with the provisions of
 2013  chapter 455 and this chapter. The management corporation may
 2014  hire staff as necessary to carry out its functions. Such staff
 2015  are not public employees for the purposes of chapter 110 or
 2016  chapter 112, except that the board of directors and the staff
 2017  are subject to the provisions of s. 112.061. The provisions of
 2018  s. 768.28 apply to the management corporation, which is deemed
 2019  to be a corporation primarily acting as an instrumentality of
 2020  the state, but which is not an agency within the meaning of s.
 2021  20.03(1). The management corporation shall:
 2022         (a) Be a Florida corporation not for profit, incorporated
 2023  under the provisions of chapter 617.
 2024         (b) Provide administrative, investigative, and
 2025  prosecutorial services to the board in accordance with the
 2026  provisions of chapter 455, this chapter, and the contract
 2027  required by this section.
 2028         (c) Receive, hold, and administer property and make only
 2029  prudent expenditures directly related to the responsibilities of
 2030  the board, and in accordance with the contract required by this
 2031  section.
 2032         (d) Be approved by the board, and the department, to
 2033  operate for the benefit of the board and in the best interest of
 2034  the state.
 2035         (e) Operate under a fiscal year that begins on July 1 of
 2036  each year and ends on June 30 of the following year.
 2037         (f) Have a seven-member board of directors, five of whom
 2038  are to be appointed by the board and must be registrants
 2039  regulated by the board and two of whom are to be appointed by
 2040  the secretary and must be laypersons not regulated by the board.
 2041  All appointments shall be for 4-year terms. No member shall
 2042  serve more than two consecutive terms. Failure to attend three
 2043  consecutive meetings shall be deemed a resignation from the
 2044  board, and the vacancy shall be filled by a new appointment.
 2045         (g) Select its officers in accordance with its bylaws. The
 2046  members of the board of directors who were appointed by the
 2047  board may be removed by the board.
 2048         (h) Select the president of the management corporation, who
 2049  shall also serve as executive director to the board, subject to
 2050  approval of the board.
 2051         (i) Use a portion of the interest derived from the
 2052  management corporation account to offset the costs associated
 2053  with the use of credit cards for payment of fees by applicants
 2054  or licensees.
 2055         (j) Operate under a written contract with the department
 2056  which is approved by the board. The contract must provide for,
 2057  but is not limited to:
 2058         1. Submission by the management corporation of an annual
 2059  budget that complies with board rules for approval by the board
 2060  and the department.
 2061         2. Annual certification by the board and the department
 2062  that the management corporation is complying with the terms of
 2063  the contract in a manner consistent with the goals and purposes
 2064  of the board and in the best interest of the state. This
 2065  certification must be reported in the board’s minutes. The
 2066  contract must also provide for methods and mechanisms to resolve
 2067  any situation in which the certification process determines
 2068  noncompliance.
 2069         3. Funding of the management corporation through
 2070  appropriations allocated to the regulation of professional
 2071  engineers from the Professional Regulation Trust Fund.
 2072         4. The reversion to the board, or the state if the board
 2073  ceases to exist, of moneys, records, data, and property held in
 2074  trust by the management corporation for the benefit of the
 2075  board, if the management corporation is no longer approved to
 2076  operate for the board or the board ceases to exist. All records
 2077  and data in a computerized database shall be returned to the
 2078  department in a form that is compatible with the computerized
 2079  database of the department.
 2080         5. The securing and maintaining by the management
 2081  corporation, during the term of the contract and for all acts
 2082  performed during the term of the contract, of all liability
 2083  insurance coverages in an amount to be approved by the board to
 2084  defend, indemnify, and hold harmless the management corporation
 2085  and its officers and employees, the department and its
 2086  employees, and the state against all claims arising from state
 2087  and federal laws. Such insurance coverage must be with insurers
 2088  qualified and doing business in the state. The management
 2089  corporation must provide proof of insurance to the department.
 2090  The department and its employees and the state are exempt from
 2091  and are not liable for any sum of money which represents a
 2092  deductible, which sums shall be the sole responsibility of the
 2093  management corporation. Violation of this subparagraph shall be
 2094  grounds for terminating the contract.
 2095         6. Payment by the management corporation, out of its
 2096  allocated budget, to the department of all costs of
 2097  representation by the board counsel, including salary and
 2098  benefits, travel, and any other compensation traditionally paid
 2099  by the department to other board counsel.
 2100         7. Payment by the management corporation, out of its
 2101  allocated budget, to the department of all costs incurred by the
 2102  management corporation or the board for the Division of
 2103  Administrative Hearings of the Department of Management Services
 2104  and any other cost for utilization of these state services.
 2105         8. Payment by the management corporation, out of its
 2106  allocated budget, to the department of reasonable costs
 2107  associated with the contract monitor.
 2108         (k) Provide for an annual financial audit of its financial
 2109  accounts and records by an independent certified public
 2110  accountant. The annual audit report shall include a management
 2111  letter in accordance with s. 11.45 and a detailed supplemental
 2112  schedule of expenditures for each expenditure category. The
 2113  annual audit report must be submitted to the board, the
 2114  department, and the Auditor General for review.
 2115         (l) Provide for persons not employed by the corporation who
 2116  are charged with the responsibility of receiving and depositing
 2117  fee and fine revenues to have a faithful performance bond in
 2118  such an amount and according to such terms as shall be
 2119  determined in the contract.
 2120         (m) Submit to the secretary, the board, and the
 2121  Legislature, on or before October 1 of each year, a report on
 2122  the status of the corporation which includes, but is not limited
 2123  to, information concerning the programs and funds that have been
 2124  transferred to the corporation. The report must include: the
 2125  number of license applications received; the number approved and
 2126  denied and the number of licenses issued; the number of
 2127  examinations administered and the number of applicants who
 2128  passed or failed the examination; the number of complaints
 2129  received; the number determined to be legally sufficient; the
 2130  number dismissed; the number determined to have probable cause;
 2131  the number of administrative complaints issued and the status of
 2132  the complaints; and the number and nature of disciplinary
 2133  actions taken by the board.
 2134         (n) Develop and submit to the department, performance
 2135  standards and measurable outcomes for the board to adopt by rule
 2136  in order to facilitate efficient and cost-effective regulation.
 2137         Section 41. For the purpose of incorporating the amendment
 2138  made by this act to section 768.28, Florida Statutes, in a
 2139  reference thereto, paragraph (b) of subsection (11) of section
 2140  472.006, Florida Statutes, is reenacted to read:
 2141         472.006 Department; powers and duties.—The department
 2142  shall:
 2143         (11) Provide legal counsel for the board by contracting
 2144  with the Department of Legal Affairs, by retaining private
 2145  counsel pursuant to s. 287.059, or by providing department staff
 2146  counsel. The board shall periodically review and evaluate the
 2147  services provided by its board counsel. Fees and costs of such
 2148  counsel shall be paid from the General Inspection Trust Fund,
 2149  subject to ss. 215.37 and 472.011. All contracts for independent
 2150  legal counsel must provide for periodic review and evaluation by
 2151  the board and the department of services provided.
 2152         (b) Any person retained by the department under contract to
 2153  review materials, make site visits, or provide expert testimony
 2154  regarding any complaint or application filed with the department
 2155  relating to the practice of surveying and mapping shall be
 2156  considered an agent of the department in determining the state
 2157  insurance coverage and sovereign immunity protection
 2158  applicability of ss. 284.31 and 768.28.
 2159         Section 42. For the purpose of incorporating the amendment
 2160  made by this act to section 768.28, Florida Statutes, in a
 2161  reference thereto, subsection (7) of section 497.167, Florida
 2162  Statutes, is reenacted to read:
 2163         497.167 Administrative matters.—
 2164         (7) Any person retained by the department under contract to
 2165  review materials, make site visits, or provide expert testimony
 2166  regarding any complaint or application filed with the
 2167  department, relating to regulation under this chapter, shall be
 2168  considered an agent of the department in determining the state
 2169  insurance coverage and sovereign immunity protection
 2170  applicability of ss. 284.31 and 768.28.
 2171         Section 43. For the purpose of incorporating the amendment
 2172  made by this act to section 768.28, Florida Statutes, in a
 2173  reference thereto, subsection (2) of section 513.118, Florida
 2174  Statutes, is reenacted to read:
 2175         513.118 Conduct on premises; refusal of service.—
 2176         (2) The operator of a recreational vehicle park may request
 2177  that a transient guest or visitor who violates subsection (1)
 2178  leave the premises immediately. A person who refuses to leave
 2179  the premises commits the offense of trespass as provided in s.
 2180  810.08, and the operator may call a law enforcement officer to
 2181  have the person and his or her property removed under the
 2182  supervision of the officer. A law enforcement officer is not
 2183  liable for any claim involving the removal of the person or
 2184  property from the recreational vehicle park under this section,
 2185  except as provided in s. 768.28. If conditions do not allow for
 2186  immediate removal of the person’s property, he or she may
 2187  arrange a reasonable time, not to exceed 48 hours, with the
 2188  operator to come remove the property, accompanied by a law
 2189  enforcement officer.
 2190         Section 44. For the purpose of incorporating the amendment
 2191  made by this act to section 768.28, Florida Statutes, in a
 2192  reference thereto, subsection (1) of section 548.046, Florida
 2193  Statutes, is reenacted to read:
 2194         548.046 Physician’s attendance at match; examinations;
 2195  cancellation of match.—
 2196         (1) The commission, or the commission representative, shall
 2197  assign to each match at least one physician who shall observe
 2198  the physical condition of the participants and advise the
 2199  commissioner or commission representative in charge and the
 2200  referee of the participants’ conditions before, during, and
 2201  after the match. The commission shall establish a schedule of
 2202  fees for the physician’s services. The physician’s fee shall be
 2203  paid by the promoter of the match attended by the physician. The
 2204  physician shall be considered an agent of the commission in
 2205  determining the state insurance coverage and sovereign immunity
 2206  protection applicability of ss. 284.31 and 768.28.
 2207         Section 45. For the purpose of incorporating the amendment
 2208  made by this act to section 768.28, Florida Statutes, in a
 2209  reference thereto, subsection (8) of section 556.106, Florida
 2210  Statutes, is reenacted to read:
 2211         556.106 Liability of the member operator, excavator, and
 2212  system.—
 2213         (8) Any liability of the state, its agencies, or its
 2214  subdivisions which arises out of this chapter is subject to the
 2215  provisions of s. 768.28.
 2216         Section 46. For the purpose of incorporating the amendment
 2217  made by this act to section 768.28, Florida Statutes, in a
 2218  reference thereto, paragraph (e) of subsection (4) of section
 2219  589.19, Florida Statutes, is reenacted to read:
 2220         589.19 Creation of certain state forests; naming of certain
 2221  state forests; Operation Outdoor Freedom Program.—
 2222         (4)
 2223         (e)1. A private landowner who provides land for designation
 2224  and use as an Operation Outdoor Freedom Program hunting site
 2225  shall have limited liability pursuant to s. 375.251.
 2226         2. A private landowner who consents to the designation and
 2227  use of land as part of the Operation Outdoor Freedom Program
 2228  without compensation shall be considered a volunteer, as defined
 2229  in s. 110.501, and shall be covered by state liability
 2230  protection pursuant to s. 768.28, including s. 768.28(9).
 2231         3. This subsection does not:
 2232         a. Relieve any person of liability that would otherwise
 2233  exist for deliberate, willful, or malicious injury to persons or
 2234  property.
 2235         b. Create or increase the liability of any person.
 2236         Section 47. For the purpose of incorporating the amendment
 2237  made by this act to section 768.28, Florida Statutes, in
 2238  references thereto, subsections (3) and (4) of section 627.7491,
 2239  Florida Statutes, are reenacted to read:
 2240         627.7491 Official law enforcement vehicles; motor vehicle
 2241  insurance requirements.—
 2242         (3) Any suit or action brought or maintained against an
 2243  employing agency for damages arising out of tort pursuant to
 2244  this section, including, without limitation, any claim arising
 2245  upon account of an act causing loss of property, personal
 2246  injury, or death, shall be subject to the limitations provided
 2247  in s. 768.28(5).
 2248         (4) The requirements of this section may be met by any
 2249  method authorized by s. 768.28(16).
 2250         Section 48. For the purpose of incorporating the amendment
 2251  made by this act to section 768.28, Florida Statutes, in a
 2252  reference thereto, paragraph (c) of subsection (2) of section
 2253  723.0611, Florida Statutes, is reenacted to read:
 2254         723.0611 Florida Mobile Home Relocation Corporation.—
 2255         (2)
 2256         (c) The corporation shall, for purposes of s. 768.28, be
 2257  considered an agency of the state. Agents or employees of the
 2258  corporation, members of the board of directors of the
 2259  corporation, or representatives of the Division of Florida
 2260  Condominiums, Timeshares, and Mobile Homes shall be considered
 2261  officers, employees, or agents of the state, and actions against
 2262  them and the corporation shall be governed by s. 768.28.
 2263         Section 49. For the purpose of incorporating the amendment
 2264  made by this act to section 768.28, Florida Statutes, in a
 2265  reference thereto, subsection (5) of section 760.11, Florida
 2266  Statutes, is reenacted to read:
 2267         760.11 Administrative and civil remedies; construction.—
 2268         (5) In any civil action brought under this section, the
 2269  court may issue an order prohibiting the discriminatory practice
 2270  and providing affirmative relief from the effects of the
 2271  practice, including back pay. The court may also award
 2272  compensatory damages, including, but not limited to, damages for
 2273  mental anguish, loss of dignity, and any other intangible
 2274  injuries, and punitive damages. The provisions of ss. 768.72 and
 2275  768.73 do not apply to this section. The judgment for the total
 2276  amount of punitive damages awarded under this section to an
 2277  aggrieved person shall not exceed $100,000. In any action or
 2278  proceeding under this subsection, the court, in its discretion,
 2279  may allow the prevailing party a reasonable attorney’s fee as
 2280  part of the costs. It is the intent of the Legislature that this
 2281  provision for attorney’s fees be interpreted in a manner
 2282  consistent with federal case law involving a Title VII action.
 2283  The right to trial by jury is preserved in any such private
 2284  right of action in which the aggrieved person is seeking
 2285  compensatory or punitive damages, and any party may demand a
 2286  trial by jury. The commission’s determination of reasonable
 2287  cause is not admissible into evidence in any civil proceeding,
 2288  including any hearing or trial, except to establish for the
 2289  court the right to maintain the private right of action. A civil
 2290  action brought under this section shall be commenced no later
 2291  than 1 year after the date of determination of reasonable cause
 2292  by the commission. The commencement of such action shall divest
 2293  the commission of jurisdiction of the complaint, except that the
 2294  commission may intervene in the civil action as a matter of
 2295  right. Notwithstanding the above, the state and its agencies and
 2296  subdivisions shall not be liable for punitive damages. The total
 2297  amount of recovery against the state and its agencies and
 2298  subdivisions shall not exceed the limitation as set forth in s.
 2299  768.28(5).
 2300         Section 50. For the purpose of incorporating the amendment
 2301  made by this act to section 768.28, Florida Statutes, in a
 2302  reference thereto, subsection (4) of section 766.1115, Florida
 2303  Statutes, is reenacted to read:
 2304         766.1115 Health care providers; creation of agency
 2305  relationship with governmental contractors.—
 2306         (4) CONTRACT REQUIREMENTS.—A health care provider that
 2307  executes a contract with a governmental contractor to deliver
 2308  health care services on or after April 17, 1992, as an agent of
 2309  the governmental contractor is an agent for purposes of s.
 2310  768.28(9), while acting within the scope of duties under the
 2311  contract, if the contract complies with the requirements of this
 2312  section and regardless of whether the individual treated is
 2313  later found to be ineligible. A health care provider shall
 2314  continue to be an agent for purposes of s. 768.28(9) for 30 days
 2315  after a determination of ineligibility to allow for treatment
 2316  until the individual transitions to treatment by another health
 2317  care provider. A health care provider under contract with the
 2318  state may not be named as a defendant in any action arising out
 2319  of medical care or treatment provided on or after April 17,
 2320  1992, under contracts entered into under this section. The
 2321  contract must provide that:
 2322         (a) The right of dismissal or termination of any health
 2323  care provider delivering services under the contract is retained
 2324  by the governmental contractor.
 2325         (b) The governmental contractor has access to the patient
 2326  records of any health care provider delivering services under
 2327  the contract.
 2328         (c) Adverse incidents and information on treatment outcomes
 2329  must be reported by any health care provider to the governmental
 2330  contractor if the incidents and information pertain to a patient
 2331  treated under the contract. The health care provider shall
 2332  submit the reports required by s. 395.0197. If an incident
 2333  involves a professional licensed by the Department of Health or
 2334  a facility licensed by the Agency for Health Care
 2335  Administration, the governmental contractor shall submit such
 2336  incident reports to the appropriate department or agency, which
 2337  shall review each incident and determine whether it involves
 2338  conduct by the licensee that is subject to disciplinary action.
 2339  All patient medical records and any identifying information
 2340  contained in adverse incident reports and treatment outcomes
 2341  which are obtained by governmental entities under this paragraph
 2342  are confidential and exempt from the provisions of s. 119.07(1)
 2343  and s. 24(a), Art. I of the State Constitution.
 2344         (d) Patient selection and initial referral must be made by
 2345  the governmental contractor or the provider. Patients may not be
 2346  transferred to the provider based on a violation of the
 2347  antidumping provisions of the Omnibus Budget Reconciliation Act
 2348  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
 2349  chapter 395.
 2350         (e) If emergency care is required, the patient need not be
 2351  referred before receiving treatment, but must be referred within
 2352  48 hours after treatment is commenced or within 48 hours after
 2353  the patient has the mental capacity to consent to treatment,
 2354  whichever occurs later.
 2355         (f) The provider is subject to supervision and regular
 2356  inspection by the governmental contractor.
 2357         (g) As an agent of the governmental contractor for purposes
 2358  of s. 768.28(9), while acting within the scope of duties under
 2359  the contract, a health care provider licensed under chapter 466
 2360  may allow a patient, or a parent or guardian of the patient, to
 2361  voluntarily contribute a monetary amount to cover costs of
 2362  dental laboratory work related to the services provided to the
 2363  patient. This contribution may not exceed the actual cost of the
 2364  dental laboratory charges.
 2365  
 2366  A governmental contractor that is also a health care provider is
 2367  not required to enter into a contract under this section with
 2368  respect to the health care services delivered by its employees.
 2369         Section 51. For the purpose of incorporating the amendment
 2370  made by this act to section 768.28, Florida Statutes, in a
 2371  reference thereto, subsection (2) of section 766.112, Florida
 2372  Statutes, is reenacted to read:
 2373         766.112 Comparative fault.—
 2374         (2) In an action for damages for personal injury or
 2375  wrongful death arising out of medical negligence, whether in
 2376  contract or tort, when an apportionment of damages pursuant to
 2377  s. 768.81 is attributed to a board of trustees of a state
 2378  university, the court shall enter judgment against the board of
 2379  trustees on the basis of the board’s percentage of fault and not
 2380  on the basis of the doctrine of joint and several liability. The
 2381  sole remedy available to a claimant to collect a judgment or
 2382  settlement against a board of trustees, subject to the
 2383  provisions of this subsection, shall be pursuant to s. 768.28.
 2384         Section 52. For the purpose of incorporating the amendment
 2385  made by this act to section 768.28, Florida Statutes, in a
 2386  reference thereto, subsection (3) of section 768.1355, Florida
 2387  Statutes, is reenacted to read:
 2388         768.1355 Florida Volunteer Protection Act.—
 2389         (3) Members of elected or appointed boards, councils, and
 2390  commissions of the state, counties, municipalities, authorities,
 2391  and special districts shall incur no civil liability and shall
 2392  have immunity from suit as provided in s. 768.28 for acts or
 2393  omissions by members relating to members’ conduct of their
 2394  official duties. It is the intent of the Legislature to
 2395  encourage our best and brightest people to serve on elected and
 2396  appointed boards, councils, and commissions.
 2397         Section 53. For the purpose of incorporating the amendment
 2398  made by this act to section 768.28, Florida Statutes, in a
 2399  reference thereto, subsection (7) of section 768.1382, Florida
 2400  Statutes, is reenacted to read:
 2401         768.1382 Streetlights, security lights, and other similar
 2402  illumination; limitation on liability.—
 2403         (7) In the event that there is any conflict between this
 2404  section and s. 768.81, or any other section of the Florida
 2405  Statutes, this section shall control. Further, nothing in this
 2406  section shall impact or waive any provision of s. 768.28.
 2407         Section 54. For the purpose of incorporating the amendment
 2408  made by this act to section 768.28, Florida Statutes, in a
 2409  reference thereto, subsection (4) of section 768.295, Florida
 2410  Statutes, is reenacted to read:
 2411         768.295 Strategic Lawsuits Against Public Participation
 2412  (SLAPP) prohibited.—
 2413         (4) A person or entity sued by a governmental entity or
 2414  another person in violation of this section has a right to an
 2415  expeditious resolution of a claim that the suit is in violation
 2416  of this section. A person or entity may move the court for an
 2417  order dismissing the action or granting final judgment in favor
 2418  of that person or entity. The person or entity may file a motion
 2419  for summary judgment, together with supplemental affidavits,
 2420  seeking a determination that the claimant’s or governmental
 2421  entity’s lawsuit has been brought in violation of this section.
 2422  The claimant or governmental entity shall thereafter file a
 2423  response and any supplemental affidavits. As soon as
 2424  practicable, the court shall set a hearing on the motion, which
 2425  shall be held at the earliest possible time after the filing of
 2426  the claimant’s or governmental entity’s response. The court may
 2427  award, subject to the limitations in s. 768.28, the party sued
 2428  by a governmental entity actual damages arising from a
 2429  governmental entity’s violation of this section. The court shall
 2430  award the prevailing party reasonable attorney fees and costs
 2431  incurred in connection with a claim that an action was filed in
 2432  violation of this section.
 2433         Section 55. For the purpose of incorporating the amendment
 2434  made by this act to section 768.28, Florida Statutes, in a
 2435  reference thereto, section 946.5026, Florida Statutes, is
 2436  reenacted to read:
 2437         946.5026 Sovereign immunity in tort actions.—The provisions
 2438  of s. 768.28 shall be applicable to the corporation established
 2439  under this part, which is deemed to be a corporation primarily
 2440  acting as an instrumentality of the state.
 2441         Section 56. For the purpose of incorporating the amendment
 2442  made by this act to section 768.28, Florida Statutes, in a
 2443  reference thereto, subsection (3) of section 946.514, Florida
 2444  Statutes, is reenacted to read:
 2445         946.514 Civil rights of inmates; inmates not state
 2446  employees; liability of corporation for inmate injuries.—
 2447         (3) The corporation is liable for inmate injury to the
 2448  extent specified in s. 768.28; however, the members of the board
 2449  of directors are not individually liable to any inmate for any
 2450  injury sustained in any correctional work program operated by
 2451  the corporation.
 2452         Section 57. For the purpose of incorporating the amendment
 2453  made by this act to section 768.28, Florida Statutes, in a
 2454  reference thereto, subsection (8) of section 961.06, Florida
 2455  Statutes, is reenacted to read:
 2456         961.06 Compensation for wrongful incarceration.—
 2457         (8) Any payment made under this act does not constitute a
 2458  waiver of any defense of sovereign immunity or an increase in
 2459  the limits of liability on behalf of the state or any person
 2460  subject to s. 768.28 or any other law.
 2461         Section 58. For the purpose of incorporating the amendment
 2462  made by this act to section 768.28, Florida Statutes, in a
 2463  reference thereto, subsection (3) of section 984.09, Florida
 2464  Statutes, is reenacted to read:
 2465         984.09 Punishment for contempt of court; alternative
 2466  sanctions.—
 2467         (3) ALTERNATIVE SANCTIONS.—Upon determining that a child
 2468  has committed direct contempt of court or indirect contempt of a
 2469  valid court order, the court may immediately request the circuit
 2470  alternative sanctions coordinator to recommend the most
 2471  appropriate available alternative sanction and shall order the
 2472  child to perform up to 50 hours of community service or a
 2473  similar alternative sanction, unless an alternative sanction is
 2474  unavailable or inappropriate, or unless the child has failed to
 2475  comply with a prior alternative sanction. Alternative contempt
 2476  sanctions may be provided by local industry or by any nonprofit
 2477  organization or any public or private business or service entity
 2478  that has entered into a contract with the department to act as
 2479  an agent of the state to provide voluntary supervision of
 2480  children on behalf of the state in exchange for the labor of
 2481  children and limited immunity in accordance with s. 768.28(11).
 2482         Section 59. For the purpose of incorporating the amendment
 2483  made by this act to section 768.28, Florida Statutes, in a
 2484  reference thereto, paragraph (h) of subsection (12) of section
 2485  1002.33, Florida Statutes, is reenacted to read:
 2486         1002.33 Charter schools.—
 2487         (12) EMPLOYEES OF CHARTER SCHOOLS.—
 2488         (h) For the purposes of tort liability, the charter school,
 2489  including its governing body and employees, shall be governed by
 2490  s. 768.28. This paragraph does not include any for-profit entity
 2491  contracted by the charter school or its governing body.
 2492         Section 60. For the purpose of incorporating the amendment
 2493  made by this act to section 768.28, Florida Statutes, in a
 2494  reference thereto, paragraph (b) of subsection (6) of section
 2495  1002.333, Florida Statutes, is reenacted to read:
 2496         1002.333 Persistently low-performing schools.—
 2497         (6) STATUTORY AUTHORITY.—
 2498         (b) For the purposes of tort liability, the hope operator,
 2499  the school of hope, and its employees or agents shall be
 2500  governed by s. 768.28. The sponsor shall not be liable for civil
 2501  damages under state law for the employment actions or personal
 2502  injury, property damage, or death resulting from an act or
 2503  omission of a hope operator, the school of hope, or its
 2504  employees or agents. This paragraph does not include any for
 2505  profit entity contracted by the charter school or its governing
 2506  body.
 2507         Section 61. For the purpose of incorporating the amendment
 2508  made by this act to section 768.28, Florida Statutes, in a
 2509  reference thereto, subsection (17) of section 1002.34, Florida
 2510  Statutes, is reenacted to read:
 2511         1002.34 Charter technical career centers.—
 2512         (17) IMMUNITY.—For the purposes of tort liability, the
 2513  governing body and employees of a center are governed by s.
 2514  768.28.
 2515         Section 62. For the purpose of incorporating the amendment
 2516  made by this act to section 768.28, Florida Statutes, in a
 2517  reference thereto, subsection (2) of section 1002.37, Florida
 2518  Statutes, is reenacted to read:
 2519         1002.37 The Florida Virtual School.—
 2520         (2) The Florida Virtual School shall be governed by a board
 2521  of trustees comprised of seven members appointed by the Governor
 2522  to 4-year staggered terms. The board of trustees shall be a
 2523  public agency entitled to sovereign immunity pursuant to s.
 2524  768.28, and board members shall be public officers who shall
 2525  bear fiduciary responsibility for the Florida Virtual School.
 2526  The board of trustees shall have the following powers and
 2527  duties:
 2528         (a)1. The board of trustees shall meet at least 4 times
 2529  each year, upon the call of the chair, or at the request of a
 2530  majority of the membership.
 2531         2. The fiscal year for the Florida Virtual School shall be
 2532  the state fiscal year as provided in s. 216.011(1)(q).
 2533         (b) The board of trustees shall be responsible for the
 2534  Florida Virtual School’s development of a state-of-the-art
 2535  technology-based education delivery system that is cost
 2536  effective, educationally sound, marketable, and capable of
 2537  sustaining a self-sufficient delivery system through the Florida
 2538  Education Finance Program.
 2539         (c) The board of trustees shall aggressively seek avenues
 2540  to generate revenue to support its future endeavors, and shall
 2541  enter into agreements with distance learning providers. The
 2542  board of trustees may acquire, enjoy, use, and dispose of
 2543  patents, copyrights, and trademarks and any licenses and other
 2544  rights or interests thereunder or therein. Ownership of all such
 2545  patents, copyrights, trademarks, licenses, and rights or
 2546  interests thereunder or therein shall vest in the state, with
 2547  the board of trustees having full right of use and full right to
 2548  retain the revenues derived therefrom. Any funds realized from
 2549  patents, copyrights, trademarks, or licenses shall be considered
 2550  internal funds as provided in s. 1011.07. Such funds shall be
 2551  used to support the school’s marketing and research and
 2552  development activities in order to improve courseware and
 2553  services to its students.
 2554         (d) The board of trustees shall be responsible for the
 2555  administration and control of all local school funds derived
 2556  from all activities or sources and shall prescribe the
 2557  principles and procedures to be followed in administering these
 2558  funds.
 2559         (e) The Florida Virtual School may accrue supplemental
 2560  revenue from supplemental support organizations, which include,
 2561  but are not limited to, alumni associations, foundations,
 2562  parent-teacher associations, and booster associations. The
 2563  governing body of each supplemental support organization shall
 2564  recommend the expenditure of moneys collected by the
 2565  organization for the benefit of the school. Such expenditures
 2566  shall be contingent upon the review of the executive director.
 2567  The executive director may override any proposed expenditure of
 2568  the organization that would violate Florida law or breach sound
 2569  educational management.
 2570         (f) In accordance with law and rules of the State Board of
 2571  Education, the board of trustees shall administer and maintain
 2572  personnel programs for all employees of the board of trustees
 2573  and the Florida Virtual School. The board of trustees may adopt
 2574  rules, policies, and procedures related to the appointment,
 2575  employment, and removal of personnel.
 2576         1. The board of trustees shall determine the compensation,
 2577  including salaries and fringe benefits, and other conditions of
 2578  employment for such personnel.
 2579         2. The board of trustees may establish and maintain a
 2580  personnel loan or exchange program by which persons employed by
 2581  the board of trustees for the Florida Virtual School as academic
 2582  administrative and instructional staff may be loaned to, or
 2583  exchanged with persons employed in like capacities by, public
 2584  agencies either within or without this state, or by private
 2585  industry. With respect to public agency employees, the program
 2586  authorized by this subparagraph shall be consistent with the
 2587  requirements of part II of chapter 112. The salary and benefits
 2588  of board of trustees personnel participating in the loan or
 2589  exchange program shall be continued during the period of time
 2590  they participate in a loan or exchange program, and such
 2591  personnel shall be deemed to have no break in creditable or
 2592  continuous service or employment during such time. The salary
 2593  and benefits of persons participating in the personnel loan or
 2594  exchange program who are employed by public agencies or private
 2595  industry shall be paid by the originating employers of those
 2596  participants, and such personnel shall be deemed to have no
 2597  break in creditable or continuous service or employment during
 2598  such time.
 2599         3. The employment of all Florida Virtual School academic
 2600  administrative and instructional personnel shall be subject to
 2601  rejection for cause by the board of trustees, and shall be
 2602  subject to policies of the board of trustees relative to
 2603  certification, tenure, leaves of absence, sabbaticals,
 2604  remuneration, and such other conditions of employment as the
 2605  board of trustees deems necessary and proper, not inconsistent
 2606  with law.
 2607         4. Each person employed by the board of trustees in an
 2608  academic administrative or instructional capacity with the
 2609  Florida Virtual School shall be entitled to a contract as
 2610  provided by rules of the board of trustees.
 2611         5. All employees except temporary, seasonal, and student
 2612  employees may be state employees for the purpose of being
 2613  eligible to participate in the Florida Retirement System and
 2614  receive benefits. The classification and pay plan, including
 2615  terminal leave and other benefits, and any amendments thereto,
 2616  shall be subject to review and approval by the Department of
 2617  Management Services and the Executive Office of the Governor
 2618  prior to adoption.
 2619         (g) The board of trustees shall establish priorities for
 2620  admission of students in accordance with paragraph (1)(b).
 2621         (h) The board of trustees shall establish and distribute to
 2622  all school districts and high schools in the state procedures
 2623  for enrollment of students in courses offered by the Florida
 2624  Virtual School.
 2625         (i) The board of trustees shall establish criteria defining
 2626  the elements of an approved franchise. The board of trustees may
 2627  enter into franchise agreements with Florida district school
 2628  boards and may establish the terms and conditions governing such
 2629  agreements. The board of trustees shall establish the
 2630  performance and accountability measures and report the
 2631  performance of each school district franchise to the
 2632  Commissioner of Education.
 2633         (j) The board of trustees shall submit to the State Board
 2634  of Education both forecasted and actual enrollments and credit
 2635  completions for the Florida Virtual School, according to
 2636  procedures established by the State Board of Education. At a
 2637  minimum, such procedures must include the number of public,
 2638  private, and home education students served by program and by
 2639  county of residence.
 2640         (k) The board of trustees shall provide for the content and
 2641  custody of student and employee personnel records. Student
 2642  records shall be subject to the provisions of s. 1002.22.
 2643  Employee records shall be subject to the provisions of s.
 2644  1012.31.
 2645         (l) The financial records and accounts of the Florida
 2646  Virtual School shall be maintained under the direction of the
 2647  board of trustees and under rules adopted by the State Board of
 2648  Education for the uniform system of financial records and
 2649  accounts for the schools of the state.
 2650  
 2651  The Governor shall designate the initial chair of the board of
 2652  trustees to serve a term of 4 years. Members of the board of
 2653  trustees shall serve without compensation, but may be reimbursed
 2654  for per diem and travel expenses pursuant to s. 112.061. The
 2655  board of trustees shall be a body corporate with all the powers
 2656  of a body corporate and such authority as is needed for the
 2657  proper operation and improvement of the Florida Virtual School.
 2658  The board of trustees is specifically authorized to adopt rules,
 2659  policies, and procedures, consistent with law and rules of the
 2660  State Board of Education related to governance, personnel,
 2661  budget and finance, administration, programs, curriculum and
 2662  instruction, travel and purchasing, technology, students,
 2663  contracts and grants, and property as necessary for optimal,
 2664  efficient operation of the Florida Virtual School. Tangible
 2665  personal property owned by the board of trustees shall be
 2666  subject to the provisions of chapter 273.
 2667         Section 63. For the purpose of incorporating the amendment
 2668  made by this act to section 768.28, Florida Statutes, in a
 2669  reference thereto, paragraph (l) of subsection (3) of section
 2670  1002.55, Florida Statutes, is reenacted to read:
 2671         1002.55 School-year prekindergarten program delivered by
 2672  private prekindergarten providers.—
 2673         (3) To be eligible to deliver the prekindergarten program,
 2674  a private prekindergarten provider must meet each of the
 2675  following requirements:
 2676         (l) Notwithstanding paragraph (j), for a private
 2677  prekindergarten provider that is a state agency or a subdivision
 2678  thereof, as defined in s. 768.28(2), the provider must agree to
 2679  notify the coalition of any additional liability coverage
 2680  maintained by the provider in addition to that otherwise
 2681  established under s. 768.28. The provider shall indemnify the
 2682  coalition to the extent permitted by s. 768.28. Notwithstanding
 2683  paragraph (j), for a child development program that is
 2684  accredited by a national accrediting body and operates on a
 2685  military installation that is certified by the United States
 2686  Department of Defense, the provider may demonstrate liability
 2687  coverage by affirming that it is subject to the Federal Tort
 2688  Claims Act, 28 U.S.C. ss. 2671 et seq.
 2689         Section 64. For the purpose of incorporating the amendment
 2690  made by this act to section 768.28, Florida Statutes, in a
 2691  reference thereto, subsection (10) of section 1002.83, Florida
 2692  Statutes, is reenacted to read:
 2693         1002.83 Early learning coalitions.—
 2694         (10) For purposes of tort liability, each member or
 2695  employee of an early learning coalition shall be governed by s.
 2696  768.28.
 2697         Section 65. For the purpose of incorporating the amendment
 2698  made by this act to section 768.28, Florida Statutes, in a
 2699  reference thereto, paragraph (p) of subsection (1) of section
 2700  1002.88, Florida Statutes, is reenacted to read:
 2701         1002.88 School readiness program provider standards;
 2702  eligibility to deliver the school readiness program.—
 2703         (1) To be eligible to deliver the school readiness program,
 2704  a school readiness program provider must:
 2705         (p) Notwithstanding paragraph (m), for a provider that is a
 2706  state agency or a subdivision thereof, as defined in s.
 2707  768.28(2), agree to notify the coalition of any additional
 2708  liability coverage maintained by the provider in addition to
 2709  that otherwise established under s. 768.28. The provider shall
 2710  indemnify the coalition to the extent permitted by s. 768.28.
 2711  Notwithstanding paragraph (m), for a child development program
 2712  that is accredited by a national accrediting body and operates
 2713  on a military installation that is certified by the United
 2714  States Department of Defense, the provider may demonstrate
 2715  liability coverage by affirming that it is subject to the
 2716  Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
 2717         Section 66. For the purpose of incorporating the amendment
 2718  made by this act to section 768.28, Florida Statutes, in a
 2719  reference thereto, subsection (1) of section 1006.24, Florida
 2720  Statutes, is reenacted to read:
 2721         1006.24 Tort liability; liability insurance.—
 2722         (1) Each district school board shall be liable for tort
 2723  claims arising out of any incident or occurrence involving a
 2724  school bus or other motor vehicle owned, maintained, operated,
 2725  or used by the district school board to transport persons, to
 2726  the same extent and in the same manner as the state or any of
 2727  its agencies or subdivisions is liable for tort claims under s.
 2728  768.28, except that the total liability to persons being
 2729  transported for all claims or judgments of such persons arising
 2730  out of the same incident or occurrence shall not exceed an
 2731  amount equal to $5,000 multiplied by the rated seating capacity
 2732  of the school bus or other vehicle, as determined by rules of
 2733  the State Board of Education, or $100,000, whichever is greater.
 2734  The provisions of s. 768.28 apply to all claims or actions
 2735  brought against district school boards, as authorized in this
 2736  subsection.
 2737         Section 67. For the purpose of incorporating the amendment
 2738  made by this act to section 768.28, Florida Statutes, in a
 2739  reference thereto, paragraph (b) of subsection (2) of section
 2740  1006.261, Florida Statutes, is reenacted to read:
 2741         1006.261 Use of school buses for public purposes.—
 2742         (2)
 2743         (b) For purposes of liability for negligence, state
 2744  agencies or subdivisions as defined in s. 768.28(2) shall be
 2745  covered by s. 768.28. Every other corporation or organization
 2746  shall provide liability insurance coverage in the minimum
 2747  amounts of $100,000 on any claim or judgment and $200,000 on all
 2748  claims and judgments arising from the same incident or
 2749  occurrence.
 2750         Section 68. This act shall take effect October 1, 2026.