Florida Senate - 2026                                     SB 828
       
       
        
       By Senator Leek
       
       
       
       
       
       7-00908-26                                             2026828__
    1                        A bill to be entitled                      
    2         An act related to sovereign immunity for public
    3         transit contractors; amending s. 768.28, F.S.;
    4         providing that contractors operating public transit
    5         services and their employees, agents, or
    6         subcontractors are deemed agents of the state, agency,
    7         or subdivision for which they provide public transit
    8         services for purposes of sovereign immunity; defining
    9         the term “public transit”; amending s. 766.1115, F.S.;
   10         conforming a cross-reference; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present paragraphs (f) through (l) of subsection
   16  (10) of section 768.28, Florida Statutes, are redesignated as
   17  paragraphs (g) through (m), respectively, a new paragraph (f) is
   18  added to that subsection, and paragraph (b) of subsection (9) of
   19  that section is amended, to read:
   20         768.28 Waiver of sovereign immunity in tort actions;
   21  recovery limits; civil liability for damages caused during a
   22  riot; limitation on attorney fees; statute of limitations;
   23  exclusions; indemnification; risk management programs.—
   24         (9)
   25         (b) As used in this subsection, the term:
   26         1. “Employee” includes any volunteer firefighter.
   27         2. “Officer, employee, or agent” includes, but is not
   28  limited to, any health care provider when providing services
   29  pursuant to s. 766.1115; any nonprofit independent college or
   30  university located and chartered in this state which owns or
   31  operates an accredited medical school, and its employees or
   32  agents, when providing patient services pursuant to paragraph
   33  (10)(g) (10)(f); any public defender or her or his employee or
   34  agent, including an assistant public defender or an
   35  investigator; and any member of a Child Protection Team, as
   36  defined in s. 39.01, or any member of a threat management team,
   37  as described in s. 1006.07(7), when carrying out her or his
   38  duties as a team member under the control, direction, and
   39  supervision of the state or any of its agencies or subdivisions.
   40         (10)
   41         (f) For purposes of this section, a contractor operating
   42  public transit services under a contract with the state or any
   43  of its agencies or subdivisions, or any employee, agent, or
   44  subcontractor of a contractor providing such services, is deemed
   45  an agent of the state, agency, or subdivision while acting
   46  within the scope of and pursuant to guidelines established in
   47  such contract or by rule. For purposes of this paragraph, the
   48  term “public transit” has the same meaning as in s. 341.031(6).
   49         Section 2. Paragraph (b) of subsection (12) of section
   50  766.1115, Florida Statutes, is amended to read:
   51         766.1115 Health care providers; creation of agency
   52  relationship with governmental contractors.—
   53         (12) APPLICABILITY.—This section applies to incidents
   54  occurring on or after April 17, 1992. This section does not:
   55         (b) Apply to any affiliation agreement or other contract
   56  that is subject to s. 768.28(10)(g) s. 768.28(10)(f).
   57         Section 3. This act shall take effect July 1, 2026.