Bill Text: FL S0594 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sovereign Immunity
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 593 [S0594 Detail]
Download: Florida-2011-S0594-Comm_Sub.html
Bill Title: Sovereign Immunity
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 593 [S0594 Detail]
Download: Florida-2011-S0594-Comm_Sub.html
Florida Senate - 2011 CS for SB 594 By the Committee on Judiciary; and Senator Hays 590-02272-11 2011594c1 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; requiring that a claim in a wrongful 4 death case be presented to the Department of Financial 5 Services within 2 years after the claim accrues; 6 providing that failure of the Department of Financial 7 Services or the appropriate agency to make final 8 disposition of a claim for wrongful death within 90 9 days after it is filed is deemed to be a final denial 10 of the claim; tolling the statute of limitations for 11 the period of time taken by the Department of 12 Financial Services or other agency to deny a medical 13 malpractice or wrongful death claim; providing that 14 actions for wrongful death against the state or one of 15 its agencies or subdivisions must be brought within 16 the period applicable to actions brought against other 17 defendants; providing for the application of the act 18 to causes of action accruing on or after the effective 19 date; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraphs (a) and (d) of subsection (6) and 24 subsection (14) of section 768.28, Florida Statutes, are amended 25 to read: 26 768.28 Waiver of sovereign immunity in tort actions; 27 recovery limits; limitation on attorney fees; statute of 28 limitations; exclusions; indemnification; risk management 29 programs.— 30 (6)(a) An action may not be instituted on a claim against 31 the state or one of its agencies or subdivisions unless the 32 claimant presents the claim in writing to the appropriate 33 agency, and also, except as to any claim against a municipality 34 or the Florida Space Authority, presents such claim in writing 35 to the Department of Financial Services, within 3 years after 36 such claim accrues and the Department of Financial Services or 37 the appropriate agency denies the claim in writing; except that, 38 if: 39 1. Such claim is for contribution pursuant to s. 768.31, it 40 must be so presented within 6 months after the judgment against 41 the tortfeasor seeking contribution has become final by lapse of 42 time for appeal or after appellate review or, if there is no 43 such judgment, within 6 months after the tortfeasor seeking 44 contribution has either discharged the common liability by 45 payment or agreed, while the action is pending against her or 46 him, to discharge the common liability; or 47 2. Such action is for wrongful death, the claimant must 48 present the claim in writing to the Department of Financial 49 Services within 2 years after the claim accrues. 50 (d) For purposes of this section, complete, accurate, and 51 timely compliance with the requirements of paragraph (c) shall 52 occur prior to settlement payment, close of discovery or 53 commencement of trial, whichever is sooner; provided the ability 54 to plead setoff is not precluded by the delay. This setoff shall 55 apply only against that part of the settlement or judgment 56 payable to the claimant, minus claimant’s reasonable attorney’s 57 fees and costs. Incomplete or inaccurate disclosure of unpaid 58 adjudicated claims due the state, its agency, officer, or 59 subdivision, may be excused by the court upon a showing by the 60 preponderance of the evidence of the claimant’s lack of 61 knowledge of an adjudicated claim and reasonable inquiry by, or 62 on behalf of, the claimant to obtain the information from public 63 records. Unless the appropriate agency had actual notice of the 64 information required to be disclosed by paragraph (c) in time to 65 assert a setoff, an unexcused failure to disclose shall, upon 66 hearing and order of court, cause the claimant to be liable for 67 double the original undisclosed judgment and, upon further 68 motion, the court shall enter judgment for the agency in that 69 amount. Except as provided otherwise in this subsection, the 70 failure of the Department of Financial Services or the 71 appropriate agency to make final disposition of a claim within 6 72 months after it is filed shall be deemed a final denial of the 73 claim for purposes of this section. For purposes of this 74 subsection, in medical malpractice actions and in wrongful death 75 actions, the failure of the Department of Financial Services or 76 the appropriate agency to make final disposition of a claim 77 within 90 days after it is filed shall be deemed a final denial 78 of the claim. The statute of limitations for medical malpractice 79 actions and wrongful death actions is tolled for the period of 80 time taken by the Department of Financial Services or the 81 appropriate agency to deny the claim. The provisions of this 82 subsection do not apply to such claims as may be asserted by 83 counterclaim pursuant to s. 768.14. 84 (14) Every claim against the state or one of its agencies 85 or subdivisions for damages for a negligent or wrongful act or 86 omission pursuant to this section shall be forever barred unless 87 the civil action is commenced by filing a complaint in the court 88 of appropriate jurisdiction within 4 years after such claim 89 accrues; except that an action for contribution must be 90 commenced within the limitations provided in s. 768.31(4), and 91 an action for damages arising from medical malpractice or 92 wrongful death must be commenced within the limitations for such 93 actionsan actionin s. 95.11(4). 94 Section 2. This act shall take effect July 1, 2011, and 95 applies to causes of action accruing on or after that date.