Florida Senate - 2026                              CS for SB 828
       
       
        
       By the Committee on Transportation; and Senator Leek
       
       
       
       
       
       596-02688-26                                           2026828c1
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity for public
    3         transit contractors; amending s. 768.28, F.S.;
    4         providing that contractors providing public transit
    5         services and their employees or agents are deemed
    6         agents of the state for purposes of sovereign
    7         immunity; defining the term “public transit”; amending
    8         s. 766.1115, F.S.; conforming a cross-reference;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present paragraphs (f) through (l) of subsection
   14  (10) of section 768.28, Florida Statutes, are redesignated as
   15  paragraphs (g) through (m), respectively, a new paragraph (f) is
   16  added to that subsection, and paragraph (b) of subsection (9) of
   17  that section is amended, to read:
   18         768.28 Waiver of sovereign immunity in tort actions;
   19  recovery limits; civil liability for damages caused during a
   20  riot; limitation on attorney fees; statute of limitations;
   21  exclusions; indemnification; risk management programs.—
   22         (9)
   23         (b) As used in this subsection, the term:
   24         1. “Employee” includes any volunteer firefighter.
   25         2. “Officer, employee, or agent” includes, but is not
   26  limited to, any health care provider when providing services
   27  pursuant to s. 766.1115; any nonprofit independent college or
   28  university located and chartered in this state which owns or
   29  operates an accredited medical school, and its employees or
   30  agents, when providing patient services pursuant to paragraph
   31  (10)(g) (10)(f); any public defender or her or his employee or
   32  agent, including an assistant public defender or an
   33  investigator; and any member of a Child Protection Team, as
   34  defined in s. 39.01, or any member of a threat management team,
   35  as described in s. 1006.07(7), when carrying out her or his
   36  duties as a team member under the control, direction, and
   37  supervision of the state or any of its agencies or subdivisions.
   38         (10)
   39         (f) For purposes of this section, a contractor or any of
   40  its employees or agents providing public transit services under
   41  a contract with a state agency or subdivision is considered an
   42  agent of the state while acting within the scope of and pursuant
   43  to guidelines established in such contract or by rule. For
   44  purposes of this paragraph, the term “public transit” has the
   45  same meaning as in s. 341.031(6).
   46         Section 2. Paragraph (b) of subsection (12) of section
   47  766.1115, Florida Statutes, is amended to read:
   48         766.1115 Health care providers; creation of agency
   49  relationship with governmental contractors.—
   50         (12) APPLICABILITY.—This section applies to incidents
   51  occurring on or after April 17, 1992. This section does not:
   52         (b) Apply to any affiliation agreement or other contract
   53  that is subject to s. 768.28(10)(g) s. 768.28(10)(f).
   54         Section 3. This act shall take effect July 1, 2026.