Bill Text: FL S0974 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sovereign Immunity

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2022-03-14 - Died in Appropriations [S0974 Detail]

Download: Florida-2022-S0974-Introduced.html

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       Florida Senate - 2022                                     SB 974
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00780A-22                                           2022974__
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; revising the statutory limits on
    4         liability for tort claims against the state and its
    5         agencies and subdivisions; revising requirements for
    6         the state or an agency or a subdivision of the state
    7         to agree to settle a claim or judgment; prohibiting an
    8         insurance policy from conditioning the payment of
    9         benefits on the enactment of a claim bill; specifying
   10         that the limitations in effect on the date a final
   11         judgment is entered apply to that claim; requiring the
   12         Department of Financial Services to adjust the
   13         limitations on tort liability every year after a
   14         specified date; revising exceptions relating to
   15         instituting actions on claims against the state or one
   16         of its agencies and to the statute of limitations for
   17         such claims; reenacting ss. 45.061, 110.504, 111.071,
   18         163.01, 190.043, 213.015, 252.51, 252.89, 252.944,
   19         260.0125, 284.31, 284.38, 322.13, 337.19, 341.302,
   20         373.1395, 375.251, 381.0056, 393.075, 395.1055,
   21         403.706, 409.993, 455.221, 455.32, 456.009, 456.076,
   22         471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
   23         589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355,
   24         768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33,
   25         1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24,
   26         and 1006.261, F.S., to incorporate the amendments made
   27         to s. 768.28, F.S., in references thereto; providing
   28         an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (5), paragraph (a) of subsection (6),
   33  and subsection (14) of section 768.28, Florida Statutes, are
   34  amended to read:
   35         768.28 Waiver of sovereign immunity in tort actions;
   36  recovery limits; civil liability for damages caused during a
   37  riot; limitation on attorney fees; statute of limitations;
   38  exclusions; indemnification; risk management programs.—
   39         (5)(a) The state and its agencies and subdivisions shall be
   40  liable for tort claims in the same manner and to the same extent
   41  as a private individual under like circumstances, but liability
   42  shall not include punitive damages or interest for the period
   43  before judgment. Neither the state nor its agencies or
   44  subdivisions shall be liable to pay a claim or a judgment by any
   45  one person which exceeds the sum of $1 million $200,000 or any
   46  claim or judgment, or portions thereof, which, when totaled with
   47  all other claims or judgments paid by the state or its agencies
   48  or subdivisions arising out of the same incident or occurrence,
   49  exceeds the sum of $300,000. However, a judgment or judgments
   50  may be claimed and rendered in excess of this amount these
   51  amounts and may be settled and paid pursuant to this act up to
   52  $1 million per person, $200,000 or $300,000, as the case may be;
   53  and that portion of the judgment that exceeds this amount these
   54  amounts may be reported to the Legislature, and but may be paid
   55  in part or in whole only by further act of the Legislature.
   56         (b) Notwithstanding the limited waiver of sovereign
   57  immunity provided in paragraph (a) herein, the state or an
   58  agency or subdivision thereof may agree, within the limits of
   59  insurance coverage provided, to settle a claim made or a
   60  judgment rendered against it in excess of the waiver provided in
   61  paragraph (a) without further action by the Legislature, but the
   62  state or agency or subdivision thereof shall not be deemed to
   63  have waived any defense of sovereign immunity or to have
   64  increased the limits of its liability as a result of its
   65  obtaining insurance coverage for tortious acts in excess of the
   66  $200,000 or $300,000 waiver provided in paragraph (a) above. An
   67  insurance policy may not condition the payment of benefits, in
   68  whole or in part, on the enactment of a claim bill.
   69         (c) The limitations of liability set forth in this
   70  subsection shall apply to the state and its agencies and
   71  subdivisions whether or not the state or its agencies or
   72  subdivisions possessed sovereign immunity before July 1, 1974.
   73         (d) When determining liability limits for a claim, the
   74  limitations of liability in effect on the date a final judgment
   75  is entered shall apply to the claim.
   76         (e) Beginning July 1, 2023, and every July 1 thereafter,
   77  the Department of Financial Services shall adjust the
   78  limitations of liability in this subsection to reflect changes
   79  in the Consumer Price Index for the Southeast or a successor
   80  index as calculated by the United States Department of Labor.
   81         (f)(b) A municipality has a duty to allow the municipal law
   82  enforcement agency to respond appropriately to protect persons
   83  and property during a riot or an unlawful assembly based on the
   84  availability of adequate equipment to its municipal law
   85  enforcement officers and relevant state and federal laws. If the
   86  governing body of a municipality or a person authorized by the
   87  governing body of the municipality breaches that duty, the
   88  municipality is civilly liable for any damages, including
   89  damages arising from personal injury, wrongful death, or
   90  property damages proximately caused by the municipality’s breach
   91  of duty. The sovereign immunity recovery limits in paragraph (a)
   92  do not apply to an action under this paragraph.
   93         (6)(a) An action may not be instituted on a claim against
   94  the state or one of its agencies or subdivisions unless the
   95  claimant presents the claim in writing to the appropriate
   96  agency, and also, except as to any claim against a municipality,
   97  county, or the Florida Space Authority, presents such claim in
   98  writing to the Department of Financial Services, within 3 years
   99  after such claim accrues and the Department of Financial
  100  Services or the appropriate agency denies the claim in writing;
  101  except that, if:
  102         1. Such claim is for contribution pursuant to s. 768.31, it
  103  must be so presented within 6 months after the judgment against
  104  the tortfeasor seeking contribution has become final by lapse of
  105  time for appeal or after appellate review or, if there is no
  106  such judgment, within 6 months after the tortfeasor seeking
  107  contribution has either discharged the common liability by
  108  payment or agreed, while the action is pending against her or
  109  him, to discharge the common liability; or
  110         2. Such action is for wrongful death, the claimant must
  111  present the claim in writing to the Department of Financial
  112  Services within 2 years after the claim accrues; or
  113         3. Such action arises from a violation of s. 794.011
  114  involving a victim who was younger than the age of 16 at the
  115  time of the act, the claimant may present the claim in writing
  116  at any time pursuant to s. 95.11(9).
  117         (14) Every claim against the state or one of its agencies
  118  or subdivisions for damages for a negligent or wrongful act or
  119  omission pursuant to this section shall be forever barred unless
  120  the civil action is commenced by filing a complaint in the court
  121  of appropriate jurisdiction within 4 years after such claim
  122  accrues; except that:
  123         (a) An action for contribution must be commenced within the
  124  limitations provided in s. 768.31(4);, and
  125         (b) An action for damages arising from medical malpractice
  126  or wrongful death must be commenced within the limitations for
  127  such actions in s. 95.11(4); and
  128         (c) An action arising from acts constituting a violation of
  129  s. 794.011 involving a victim who was younger than the age of 16
  130  at the time of the act may be commenced at any time pursuant to
  131  s. 95.11(9).
  132         Section 2. Sections 45.061, 110.504, 111.071, 163.01,
  133  190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31,
  134  284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056,
  135  393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009,
  136  456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106,
  137  589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295,
  138  944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34,
  139  1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida
  140  Statutes, are reenacted for the purpose of incorporating the
  141  amendments made by this act to s. 768.28, Florida Statutes, in
  142  references thereto.
  143         Section 3. This act shall take effect July 1, 2022.