Bill Text: FL S1072 | 2019 | Regular Session | Introduced

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Bill Title: Limited Waiver of Sovereign Immunity

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Banking and Insurance [S1072 Detail]

Download: Florida-2019-S1072-Introduced.html

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       Florida Senate - 2019                                    SB 1072
       
       
        
       By Senator Rader
       
       
       
       
       
       29-01158-19                                           20191072__
    1                        A bill to be entitled                      
    2         An act relating to the limited waiver of sovereign
    3         immunity; amending s. 768.28, F.S.; modifying the
    4         limitations of liability for tort claims or judgments;
    5         providing applicability; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (5) of section 768.28, Florida
   10  Statutes, is amended to read:
   11         768.28 Waiver of sovereign immunity in tort actions;
   12  recovery limits; limitation on attorney fees; statute of
   13  limitations; exclusions; indemnification; risk management
   14  programs.—
   15         (5) The state and its agencies and subdivisions shall be
   16  liable for tort claims in the same manner and to the same extent
   17  as a private individual under like circumstances, but liability
   18  shall not include punitive damages or interest for the period
   19  before judgment. Neither the state nor its agencies or
   20  subdivisions shall be liable to pay a claim or a judgment by any
   21  one person which exceeds the sum of $300,000 $200,000 or any
   22  claim or judgment, or portions thereof, which, when totaled with
   23  all other claims or judgments paid by the state or its agencies
   24  or subdivisions arising out of the same incident or occurrence,
   25  exceeds the sum of $500,000 $300,000. However, a judgment or
   26  judgments may be claimed and rendered in excess of these amounts
   27  and may be settled and paid pursuant to this act up to $300,000
   28  $200,000 or $500,000 $300,000, as the case may be; and that
   29  portion of the judgment that exceeds these amounts may be
   30  reported to the Legislature, but may be paid in part or in whole
   31  only by further act of the Legislature. Notwithstanding the
   32  limited waiver of sovereign immunity provided herein, the state
   33  or an agency or subdivision thereof may agree, within the limits
   34  of insurance coverage provided, to settle a claim made or a
   35  judgment rendered against it without further action by the
   36  Legislature, but the state or agency or subdivision thereof
   37  shall not be deemed to have waived any defense of sovereign
   38  immunity or to have increased the limits of its liability as a
   39  result of its obtaining insurance coverage for tortious acts in
   40  excess of the $300,000 $200,000 or $500,000 $300,000 waiver
   41  provided above. The limitations of liability set forth in this
   42  subsection shall apply to the state and its agencies and
   43  subdivisions whether or not the state or its agencies or
   44  subdivisions possessed sovereign immunity before July 1, 1974.
   45         Section 2. This act applies to claims arising on or after
   46  October 1, 2020.
   47         Section 3. This act shall take effect October 1, 2020.