Bill Text: FL S1570 | 2025 | Regular Session | Introduced
Bill Title: Suits Against the Government
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-27 - Filed [S1570 Detail]
Download: Florida-2025-S1570-Introduced.html
Florida Senate - 2025 SB 1570
By Senator DiCeglie
18-01442C-25 20251570__
1 A bill to be entitled
2 An act relating to suits against the government;
3 amending s. 768.28, F.S.; increasing the statutory
4 limits on liability for tort claims against the state
5 and its agencies and subdivisions; authorizing a
6 subdivision of the state to settle a claim in excess
7 of the statutory limit without further action by the
8 Legislature regardless of insurance coverage limits;
9 prohibiting an insurance policy from conditioning
10 payment of benefits on the enactment of a claim bill;
11 specifying that the limitations in effect on the date
12 the claim accrues apply to that claim; revising the
13 period within which certain claims must be presented
14 to certain entities; revising exceptions relating to
15 instituting actions on tort claims against the state
16 or one of its agencies or subdivisions; revising the
17 period after which the failure of certain entities to
18 make final disposition of a claim shall be deemed a
19 final denial of the claim for certain purposes;
20 revising the statute of limitations for tort claims
21 against the state or one of its agencies or
22 subdivisions and exceptions thereto; providing
23 applicability; amending s. 944.713, F.S.; conforming
24 provisions to changes made by the act; reenacting ss.
25 45.061(5), 110.504(4), 111.071(1)(a), 125.01015(2)(b),
26 163.01(3)(h) and (15)(k), 190.043, 213.015(13),
27 252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38,
28 322.13(1)(b), 337.19(1), 341.302(17), 351.03(4)(c),
29 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),
30 394.9085(7), 395.1055(10)(g), 403.706(17)(c),
31 409.175(15)(b), 409.993(1), (2)(a), and (3)(a),
32 420.504(8), 455.221(3), 455.32(5), 456.009(3),
33 456.076(15)(a), 471.038(3), 472.006(11)(b),
34 497.167(7), 513.118(2), 548.046(1), 556.106(8),
35 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c),
36 760.11(5), 766.1115(4), 766.112(2), 768.1355(3),
37 768.1382(7), 768.295(4), 946.5026, 946.514(3),
38 961.06(5), (6)(a), and (7), 1002.33(12)(h),
39 1002.333(6)(b), 1002.34(17), 1002.351(3)(c),
40 1002.37(2), 1002.55(3)(l), 1002.83(10), 1002.88(1)(p),
41 1006.24(1), and 1006.261(2)(b), F.S., relating to
42 offers of settlement, volunteer benefits, payment of
43 judgments or settlements against certain public
44 officers or employees, office of the sheriff, the
45 Florida Interlocal Cooperation Act of 1969, suits
46 against community development districts, taxpayer
47 rights, liability, tort liability, tort liability,
48 limitation on liability of private landowners whose
49 property is designated as part of the statewide system
50 of greenways and trail, scope and types of coverages,
51 waiver of sovereign immunity, driver license
52 examiners, suits by and against the Department of
53 Transportation, rail program, railroad-highway grade
54 crossing warning signs and signals, limitation on
55 liability of water management district with respect to
56 areas made available to the public for recreational
57 purposes without charge, limitation on liability of
58 persons making available to public certain areas for
59 recreational purposes without charge, school health
60 services program, general liability coverage,
61 behavioral provider liability, rules and enforcement,
62 local government solid waste responsibilities,
63 licensure of family foster homes, lead agencies and
64 subcontractor liability, the Florida Housing Finance
65 Corporation, legal and investigative services, the
66 Management Privatization Act, legal and investigative
67 services, impaired practitioner programs, the Florida
68 Engineers Management Corporation, the Department of
69 Agriculture and Consumer Services, administrative
70 matters, conduct on premises and refusal of service,
71 physician’s attendance at match, liability of the
72 state and its agencies or subdivisions, creation of
73 certain state forests, naming of certain state
74 forests, Operation Outdoor Freedom Program, official
75 law enforcement vehicles and motor vehicle insurance
76 requirements, the Florida Mobile Home Relocation
77 Corporation, administrative and civil remedies and
78 construction, health care providers and creation of
79 agency relationship with governmental contractors,
80 comparative fault, the Florida Volunteer Protection
81 Act, street and security lighting and other similar
82 illumination, Strategic Lawsuits Against Public
83 Participation (SLAPP), sovereign immunity in tort
84 actions, inmates not state employees, compensation for
85 wrongful incarceration, charter schools, persistently
86 low-performing schools, charter technical career
87 centers, the Florida School for Competitive Academics,
88 the Florida Virtual School, school-year
89 prekindergarten program delivered by private
90 prekindergarten providers, Early learning coalitions,
91 school readiness program provider standards, tort
92 liability and liability insurance, and use of school
93 buses for public purposes, respectively, to
94 incorporate the amendment made to s. 768.28, F.S., in
95 references thereto; providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Subsection (5), paragraphs (a) and (d) of
100 subsection (6), and subsection (14) of section 768.28, Florida
101 Statutes, are amended to read:
102 768.28 Waiver of sovereign immunity in tort actions;
103 recovery limits; civil liability for damages caused during a
104 riot; limitation on attorney fees; statute of limitations;
105 exclusions; indemnification; risk management programs.—
106 (5)(a) The state and its agencies and subdivisions shall be
107 liable for tort claims in the same manner and to the same extent
108 as a private individual under like circumstances, but liability
109 shall not include punitive damages or interest for the period
110 before judgment. Neither the state nor its agencies or
111 subdivisions shall be liable to pay a claim or a judgment that
112 by any one person which exceeds the limits in paragraph (b).
113 (b)1. If the cause of action accrued before October 1,
114 2025, the limitations are as follows:
115 a. For a claim or judgment by any one person, $200,000.
116 b. For multiple claims or judgments, or portions thereof,
117 which arise out of the same incident or occurrence, a total of
118 $300,000.
119 2. If the cause of action accrued on or after October 1,
120 2025, but before October 1, 2030, the limitations are as
121 follows:
122 a. For a claim or judgment by any one person, $1 million.
123 b. For multiple claims or judgments, or portions thereof,
124 which arise out of the same incident or occurrence, a total of
125 $3 million.
126 3. If the cause of action accrued on or after October 1,
127 2030, the limitations are as follows:
128 a. For a claim or judgment by any one person, $1.1 million.
129 b. For multiple claims or judgments, or portions thereof,
130 which arise out of the same incident or occurrence, a total of
131 $3.2 million sum of $200,000 or any claim or judgment, or
132 portions thereof, which, when totaled with all other claims or
133 judgments paid by the state or its agencies or subdivisions
134 arising out of the same incident or occurrence, exceeds the sum
135 of $300,000.
136 (c) However, a judgment or judgments may be claimed and
137 rendered in excess of these amounts and may be settled and paid
138 pursuant to this act up to the limitations provided under
139 paragraph (b) $200,000 or $300,000, as the case may be; and that
140 portion of the judgment that exceeds these amounts may be
141 reported to the Legislature, and but may be paid in part or in
142 whole only by further act of the Legislature.
143 (d) Notwithstanding the limited waiver of sovereign
144 immunity provided in paragraphs (a) and (b):
145 1. herein, The state or an agency or subdivision thereof
146 may agree, within the limits of insurance coverage provided, to
147 settle a claim made or a judgment rendered against it in excess
148 of the waiver provided in paragraph (b) without further action
149 by the Legislature.
150 2. A subdivision of the state may agree to settle a claim
151 made or a judgment rendered against it in excess of the waiver
152 provided in paragraph (b) without further action by the
153 Legislature.
154
155 However, but the state or an agency or subdivision thereof shall
156 not be deemed to have waived any defense of sovereign immunity
157 or to have increased the limits of its liability as a result of
158 its obtaining insurance coverage for tortious acts in excess of
159 the $200,000 or $300,000 waiver provided in paragraph (b).
160 Beginning October 1, 2025, an insurance policy may not be
161 delivered or issued for delivery to the state or any agency or
162 subdivision thereof with a provision that conditions liability
163 coverage or the payment of insurance benefits, in whole or in
164 part, on the enactment of a claim bill. Any such provision is
165 null and void above.
166 (e) The limitations of liability set forth in this
167 subsection shall apply to the state and its agencies and
168 subdivisions whether or not the state or its agencies or
169 subdivisions possessed sovereign immunity before July 1, 1974.
170 (f)(b) A municipality has a duty to allow the municipal law
171 enforcement agency to respond appropriately to protect persons
172 and property during a riot or an unlawful assembly based on the
173 availability of adequate equipment to its municipal law
174 enforcement officers and relevant state and federal laws. If the
175 governing body of a municipality or a person authorized by the
176 governing body of the municipality breaches that duty, the
177 municipality is civilly liable for any damages, including
178 damages arising from personal injury, wrongful death, or
179 property damages proximately caused by the municipality’s breach
180 of duty. The sovereign immunity recovery limits in paragraph (b)
181 (a) do not apply to an action under this paragraph.
182 (g) When determining liability limits for a claim, the
183 limitations of liability in effect on the date the claim accrues
184 shall apply to the claim.
185 (6)(a) An action may not be instituted on a claim against
186 the state or one of its agencies or subdivisions unless the
187 claimant presents the claim in writing to the appropriate
188 agency, and also, except as to any claim against a municipality,
189 county, or the Florida Space Authority, presents such claim in
190 writing to the Department of Financial Services, within 18
191 months 3 years after such claim accrues and the Department of
192 Financial Services or the appropriate agency denies the claim in
193 writing; except that, if:
194 1. Such claim is for contribution pursuant to s. 768.31, it
195 must be so presented within 6 months after the judgment against
196 the tortfeasor seeking contribution has become final by lapse of
197 time for appeal or after appellate review or, if there is no
198 such judgment, within 6 months after the tortfeasor seeking
199 contribution has either discharged the common liability by
200 payment or agreed, while the action is pending against her or
201 him, to discharge the common liability; or
202 2. Such action arises from a violation of s. 794.011
203 involving a victim who was under the age of 16 years at the time
204 of the act, the claimant may present the claim in writing at any
205 time. This subparagraph applies to any such action other than an
206 action that would have been time barred on or before October 1,
207 2025 is for wrongful death, the claimant must present the claim
208 in writing to the Department of Financial Services within 2
209 years after the claim accrues.
210 (d) For purposes of this section, complete, accurate, and
211 timely compliance with the requirements of paragraph (c) shall
212 occur prior to settlement payment, close of discovery or
213 commencement of trial, whichever is sooner; provided the ability
214 to plead setoff is not precluded by the delay. This setoff shall
215 apply only against that part of the settlement or judgment
216 payable to the claimant, minus claimant’s reasonable attorney
217 attorney’s fees and costs. Incomplete or inaccurate disclosure
218 of unpaid adjudicated claims due the state, its agency, officer,
219 or subdivision, may be excused by the court upon a showing by
220 the preponderance of the evidence of the claimant’s lack of
221 knowledge of an adjudicated claim and reasonable inquiry by, or
222 on behalf of, the claimant to obtain the information from public
223 records. Unless the appropriate agency had actual notice of the
224 information required to be disclosed by paragraph (c) in time to
225 assert a setoff, an unexcused failure to disclose shall, upon
226 hearing and order of court, cause the claimant to be liable for
227 double the original undisclosed judgment and, upon further
228 motion, the court shall enter judgment for the agency in that
229 amount. Except as provided otherwise in this subsection, the
230 failure of the Department of Financial Services or the
231 appropriate agency to make final disposition of a claim within 4
232 6 months after it is filed shall be deemed a final denial of the
233 claim for purposes of this section. For purposes of this
234 subsection, in medical malpractice actions and in wrongful death
235 actions, the failure of the Department of Financial Services or
236 the appropriate agency to make final disposition of a claim
237 within 90 days after it is filed shall be deemed a final denial
238 of the claim. The statute of limitations for medical malpractice
239 actions and wrongful death actions is tolled as to all
240 prospective defendants for the period of time taken by the
241 Department of Financial Services or the appropriate agency to
242 deny the claim. The provisions of this subsection do not apply
243 to such claims as may be asserted by counterclaim pursuant to s.
244 768.14.
245 (14) Every claim against the state or one of its agencies
246 or subdivisions for damages for a negligent or wrongful act or
247 omission pursuant to this section shall be forever barred unless
248 the civil action is commenced by filing a complaint in the court
249 of appropriate jurisdiction:
250 (a) Within 2 4 years for an action founded on negligence.
251 (b) Within the limitations provided in s. 768.31(4) for an
252 action for contribution.
253 (c) Within the limitations provided in s. 95.11(5) for an
254 action for damages arising from medical malpractice or wrongful
255 death.
256 (d) At any time for an action arising from an act
257 constituting a violation of s. 794.011 involving a victim who
258 was under the age of 16 years at the time of the act. This
259 paragraph applies to any such action other than an action that
260 would have been time barred on or before October 1, 2025.
261 (e) Within 4 years for any other action not specified in
262 this subsection after such claim accrues; except that an action
263 for contribution must be commenced within the limitations
264 provided in s. 768.31(4), and an action for damages arising from
265 medical malpractice or wrongful death must be commenced within
266 the limitations for such actions in s. 95.11(5).
267 Section 2. Subsection (2) of section 944.713, Florida
268 Statutes, is amended to read:
269 944.713 Insurance against liability.—
270 (2) The contract shall provide for indemnification of the
271 state by the private vendor for any liabilities incurred up to
272 the limits provided under s. 768.28(5). The contract shall
273 provide that the private vendor, or the insurer of the private
274 vendor, is liable to pay any claim or judgment for any one
275 person which does not exceed the applicable maximum amount
276 provided in s. 768.28(5) the sum of $100,000 or any claim or
277 judgment, or portions thereof, which, when totaled with all
278 other claims or judgments arising out of the same incident or
279 occurrence, does not exceed the sum of $200,000. In addition,
280 the contractor must agree to defend, hold harmless, and
281 indemnify the department against any and all actions, claims,
282 damages and losses, including costs and attorney attorney’s
283 fees.
284 Section 3. For the purpose of incorporating the amendment
285 made by this act to section 768.28, Florida Statutes, in a
286 reference thereto, subsection (5) of section 45.061, Florida
287 Statutes, is reenacted to read:
288 45.061 Offers of settlement.—
289 (5) Sanctions authorized under this section may be imposed
290 notwithstanding any limitation on recovery of costs or expenses
291 which may be provided by contract or in other provisions of
292 Florida law. This section shall not be construed to waive the
293 limits of sovereign immunity set forth in s. 768.28.
294 Section 4. For the purpose of incorporating the amendment
295 made by this act to section 768.28, Florida Statutes, in a
296 reference thereto, subsection (4) of section 110.504, Florida
297 Statutes, is reenacted to read:
298 110.504 Volunteer benefits.—
299 (4) Volunteers shall be covered by state liability
300 protection in accordance with the definition of a volunteer and
301 the provisions of s. 768.28.
302 Section 5. For the purpose of incorporating the amendment
303 made by this act to section 768.28, Florida Statutes, in a
304 reference thereto, paragraph (a) of subsection (1) of section
305 111.071, Florida Statutes, is reenacted to read:
306 111.071 Payment of judgments or settlements against certain
307 public officers or employees.—
308 (1) Any county, municipality, political subdivision, or
309 agency of the state which has been excluded from participation
310 in the Insurance Risk Management Trust Fund is authorized to
311 expend available funds to pay:
312 (a) Any final judgment, including damages, costs, and
313 attorney’s fees, arising from a complaint for damages or injury
314 suffered as a result of any act or omission of action of any
315 officer, employee, or agent in a civil or civil rights lawsuit
316 described in s. 111.07. If the civil action arises under s.
317 768.28 as a tort claim, the limitations and provisions of s.
318 768.28 governing payment shall apply. If the action is a civil
319 rights action arising under 42 U.S.C. s. 1983, or similar
320 federal statutes, payments for the full amount of the judgment
321 may be made unless the officer, employee, or agent has been
322 determined in the final judgment to have caused the harm
323 intentionally.
324 Section 6. For the purpose of incorporating the amendment
325 made by this act to section 768.28, Florida Statutes, in a
326 reference thereto, paragraph (b) of subsection (2) of section
327 125.01015, Florida Statutes, is reenacted to read:
328 125.01015 Office of the sheriff.—
329 (2) To ensure the successful transfer of the exclusive
330 policing responsibility and authority to the sheriff in a
331 county, as defined in s. 125.011(1), the board of county
332 commissioners shall:
333 (b) After the election of the sheriff is certified:
334 1. Provide funding for all of the necessary staff and
335 office space for the sheriff-elect to establish an independent
336 office of the sheriff, so that the office may effectively
337 operate and perform all of the functions required by general law
338 when the sheriff-elect takes office.
339 2. Provide funding for the sheriff-elect to select any
340 necessary insurances not provided by the county through the
341 interlocal agreement required under sub-subparagraph 6.d. to
342 allow the sheriff to effectively operate and perform all of the
343 functions required by general law when he or she takes office.
344 3. Provide funding for the sheriff-elect to establish bank
345 and other accounts, as necessary, in his or her official
346 capacity as sheriff, so that such accounts become operational
347 when he or she takes office.
348 4. Unless otherwise transferable based on existing surety
349 bonds for the sheriff’s deputies, provide funding for and
350 facilitate procurement of the required surety bonds for deputy
351 sheriffs pursuant to s. 30.09, so that such bonds are in place
352 when the sheriff-elect takes office.
353 5. Prepare and deliver to the office of the sheriff all
354 documents, property, and other items listed in subsection (4).
355 6. Notwithstanding any provision to the contrary, for a
356 term commencing on January 7, 2025, and ending on or after
357 September 30, 2028, provide the sheriff-elect taking office
358 with, and require the sheriff-elect taking office to use, not
359 less than the substantially and materially same support
360 services, facilities, office space, and information technology
361 infrastructure provided to county offices or departments
362 performing the duties to be performed by the sheriff-elect upon
363 taking office in the 1-year period before he or she takes
364 office.
365 a. As used in this subparagraph, the term “support
366 services” includes:
367 (I) Property and facilities, and the management and
368 maintenance for such property and facilities.
369 (II) Communications infrastructure, including telephone and
370 Internet connectivity.
371 (III) Risk management, including processing, adjusting, and
372 payment of all claims and demands, including those made under s.
373 768.28. The county shall provide the sheriff with all required
374 general liability, property, and other insurance coverage
375 through its self-insurance program, a self-insurance risk pool,
376 or commercial insurance. If the county provides insurance
377 through a self-insurance program, the county must also provide
378 the sheriff with commercial stop-loss coverage in an amount and
379 with a self-insured retention agreed upon by the sheriff and the
380 county.
381 (IV) Legal representation and advice through the office of
382 the county attorney for all claims, demands, and causes of
383 action brought against the sheriff, his or her deputies, or
384 other personnel in their official and individual capacities,
385 while acting in their official and individual capacities,
386 including any required outside counsel due to conflicts of
387 interest. This sub-sub-subparagraph does not prohibit the
388 sheriff from employing or retaining his or her own legal
389 representation as he or she deems necessary.
390 (V) Purchasing and procurement services using procedures
391 under the laws and ordinances applicable to the county for
392 purchases requiring competitive procurement.
393 (VI) Budget and fiscal software and budget development
394 services.
395 (VII) Human resource services, including, but not limited
396 to, facilitation of the hiring process, including employee
397 applicant screening and employee applicant background checks,
398 and employee benefit administration. The county may provide
399 human resource services to the sheriff. However, the sheriff is
400 the employer of his or her employees, and the sheriff retains
401 full and complete control and authority over the hiring of his
402 or her employees and the terms and conditions of employment,
403 including employee discipline and termination of employment. The
404 provision of human resource services by the county to the
405 sheriff does not create a joint-employer relationship. The
406 sheriff’s employees shall remain members of the county’s health
407 insurance and workers’ compensation plans for at least the term
408 set forth in this subparagraph.
409 (VIII) Fleet management, including procurement of all
410 vehicles and other mobile assets such as boats and aircraft, and
411 all vehicle repair and maintenance.
412 b. As used in this subparagraph, the term “information
413 technology infrastructure” includes:
414 (I) All hardware, including computers.
415 (II) Budget and fiscal software, including payroll and
416 purchasing software.
417 (III) Computer-aided dispatch.
418 c. Under a cost allocation plan agreed to by the county and
419 the sheriff, the sheriff shall pay the county for such support
420 services and information technology infrastructure from his or
421 her general fund budget, except for any support services and
422 information technology infrastructure costs that general law
423 otherwise and expressly requires the county to fund outside the
424 sheriff’s budget.
425 d. To satisfy compliance with this subsection and to
426 establish the office of the sheriff in a manner that minimizes
427 unnecessary financial expenditures, the county and the sheriff
428 shall execute an interlocal agreement addressing the
429 requirements of this subsection and other expenditures,
430 including an appropriate phase-in period for identification of
431 the sheriff’s assets with the sheriff’s markings to minimize the
432 cost to taxpayers. The interlocal agreement shall have a term
433 that ends no earlier than September 30, 2028, and may be
434 amended, renewed, extended, or newly adopted at any time
435 following the expiration or termination of the agreement. After
436 the initial period ending no earlier than September 30, 2028, an
437 interlocal agreement may be entered into between the county and
438 the sheriff which provides for the same or different
439 requirements as set forth in this subsection.
440 Section 7. For the purpose of incorporating the amendment
441 made by this act to section 768.28, Florida Statutes, in
442 references thereto, paragraph (h) of subsection (3) and
443 paragraph (k) of subsection (15) of section 163.01, Florida
444 Statutes, are reenacted to read:
445 163.01 Florida Interlocal Cooperation Act of 1969.—
446 (3) As used in this section:
447 (h) “Local government liability pool” means a reciprocal
448 insurer as defined in s. 629.011 or any self-insurance program
449 created pursuant to s. 768.28(16), formed and controlled by
450 counties or municipalities of this state to provide liability
451 insurance coverage for counties, municipalities, or other public
452 agencies of this state, which pool may contract with other
453 parties for the purpose of providing claims administration,
454 processing, accounting, and other administrative facilities.
455 (15) Notwithstanding any other provision of this section or
456 of any other law except s. 361.14, any public agency of this
457 state which is an electric utility, or any separate legal entity
458 created pursuant to the provisions of this section, the
459 membership of which consists only of electric utilities, and
460 which exercises or proposes to exercise the powers granted by
461 part II of chapter 361, the Joint Power Act, may exercise any or
462 all of the following powers:
463 (k) The limitations on waiver in the provisions of s.
464 768.28 or any other law to the contrary notwithstanding, the
465 Legislature, in accordance with s. 13, Art. X of the State
466 Constitution, hereby declares that any such legal entity or any
467 public agency of this state that participates in any electric
468 project waives its sovereign immunity to:
469 1. All other persons participating therein; and
470 2. Any person in any manner contracting with a legal entity
471 of which any such public agency is a member, with relation to:
472 a. Ownership, operation, or any other activity set forth in
473 sub-subparagraph (b)2.d. with relation to any electric project;
474 or
475 b. The supplying or purchasing of services, output,
476 capacity, energy, or any combination thereof.
477 Section 8. For the purpose of incorporating the amendment
478 made by this act to section 768.28, Florida Statutes, in a
479 reference thereto, section 190.043, Florida Statutes, is
480 reenacted to read:
481 190.043 Suits against the district.—Any suit or action
482 brought or maintained against the district for damages arising
483 out of tort, including, without limitation, any claim arising
484 upon account of an act causing an injury or loss of property,
485 personal injury, or death, shall be subject to the limitations
486 provided in s. 768.28.
487 Section 9. For the purpose of incorporating the amendment
488 made by this act to section 768.28, Florida Statutes, in a
489 reference thereto, subsection (13) of section 213.015, Florida
490 Statutes, is reenacted to read:
491 213.015 Taxpayer rights.—There is created a Florida
492 Taxpayer’s Bill of Rights to guarantee that the rights, privacy,
493 and property of Florida taxpayers are adequately safeguarded and
494 protected during tax assessment, collection, and enforcement
495 processes administered under the revenue laws of this state. The
496 Taxpayer’s Bill of Rights compiles, in one document, brief but
497 comprehensive statements which explain, in simple, nontechnical
498 terms, the rights and obligations of the Department of Revenue
499 and taxpayers. Section 192.0105 provides additional rights
500 afforded to payors of property taxes and assessments. The rights
501 afforded taxpayers to ensure that their privacy and property are
502 safeguarded and protected during tax assessment and collection
503 are available only insofar as they are implemented in other
504 parts of the Florida Statutes or rules of the Department of
505 Revenue. The rights so guaranteed Florida taxpayers in the
506 Florida Statutes and the departmental rules are:
507 (13) The right to an action at law within the limitations
508 of s. 768.28, relating to sovereign immunity, to recover damages
509 against the state or the Department of Revenue for injury caused
510 by the wrongful or negligent act or omission of a department
511 officer or employee (see s. 768.28).
512 Section 10. For the purpose of incorporating the amendment
513 made by this act to section 768.28, Florida Statutes, in a
514 reference thereto, section 252.51, Florida Statutes, is
515 reenacted to read:
516 252.51 Liability.—Any person or organization, public or
517 private, owning or controlling real estate or other premises who
518 voluntarily and without compensation, other than payment or
519 reimbursement of costs and expenses, grants a license or
520 privilege or otherwise permits the designation by the local
521 emergency management agency or use of the whole or any part of
522 such real estate or premises for the purpose of sheltering
523 persons during an actual, impending, mock, or practice
524 emergency, together with her or his successor in interest, if
525 any, shall not be liable for the death of, or injury to, any
526 person on or about such real estate or premises during the
527 actual, impending, mock, or practice emergency, or for loss of,
528 or damage to, the property of such person, solely by reason or
529 as a result of such license, privilege, designation, or use,
530 unless the gross negligence or the willful and wanton misconduct
531 of such person owning or controlling such real estate or
532 premises or her or his successor in interest is the proximate
533 cause of such death, injury, loss, or damage occurring during
534 such sheltering period. Any such person or organization who
535 provides such shelter space for compensation shall be deemed to
536 be an instrumentality of the state or its applicable agency or
537 subdivision for the purposes of s. 768.28.
538 Section 11. For the purpose of incorporating the amendment
539 made by this act to section 768.28, Florida Statutes, in a
540 reference thereto, section 252.89, Florida Statutes, is
541 reenacted to read:
542 252.89 Tort liability.—The commission and the committees
543 shall be state agencies, and the members of the commission and
544 committees shall be officers, employees, or agents of the state
545 for the purposes of s. 768.28.
546 Section 12. For the purpose of incorporating the amendment
547 made by this act to section 768.28, Florida Statutes, in a
548 reference thereto, section 252.944, Florida Statutes, is
549 reenacted to read:
550 252.944 Tort liability.—The commission and the committees
551 are state agencies, and the members of the commission and
552 committees are officers, employees, or agents of the state for
553 the purpose of s. 768.28.
554 Section 13. For the purpose of incorporating the amendment
555 made by this act to section 768.28, Florida Statutes, in a
556 reference thereto, subsection (2) of section 260.0125, Florida
557 Statutes, is reenacted to read:
558 260.0125 Limitation on liability of private landowners
559 whose property is designated as part of the statewide system of
560 greenways and trails.—
561 (2) Any private landowner who consents to designation of
562 his or her land as part of the statewide system of greenways and
563 trails pursuant to s. 260.016(2)(d) without compensation shall
564 be considered a volunteer, as defined in s. 110.501, and shall
565 be covered by state liability protection pursuant to s. 768.28,
566 including s. 768.28(9).
567 Section 14. For the purpose of incorporating the amendment
568 made by this act to section 768.28, Florida Statutes, in a
569 reference thereto, section 284.31, Florida Statutes, is
570 reenacted to read:
571 284.31 Scope and types of coverages; separate accounts.—The
572 Insurance Risk Management Trust Fund must, unless specifically
573 excluded by the Department of Financial Services, cover all
574 departments of the State of Florida and their employees, agents,
575 and volunteers and must provide separate accounts for workers’
576 compensation, general liability, fleet automotive liability,
577 federal civil rights actions under 42 U.S.C. s. 1983 or similar
578 federal statutes, state agency firefighter cancer benefits
579 payable under s. 112.1816(2), and court-awarded attorney fees in
580 other proceedings against the state except for such awards in
581 eminent domain or for inverse condemnation or for awards by the
582 Public Employees Relations Commission. Unless specifically
583 excluded by the Department of Financial Services, the Insurance
584 Risk Management Trust Fund must provide fleet automotive
585 liability coverage to motor vehicles titled to the state, or to
586 any department of the state, when such motor vehicles are used
587 by community transportation coordinators performing, under
588 contract to the appropriate department of the state, services
589 for the transportation disadvantaged under part I of chapter
590 427. Such fleet automotive liability coverage is primary and is
591 subject to s. 768.28 and parts II and III of chapter 284, and
592 applicable rules adopted thereunder, and the terms and
593 conditions of the certificate of coverage issued by the
594 Department of Financial Services.
595 Section 15. For the purpose of incorporating the amendment
596 made by this act to section 768.28, Florida Statutes, in a
597 reference thereto, section 284.38, Florida Statutes, is
598 reenacted to read:
599 284.38 Waiver of sovereign immunity; effect.—The insurance
600 programs developed herein shall provide limits as established by
601 the provisions of s. 768.28 if a tort claim. The limits provided
602 in s. 768.28 shall not apply to a civil rights action arising
603 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a
604 pending or future claim or judgment arising under any of said
605 statutes may be made upon this act becoming a law, unless the
606 officer, employee, or agent has been determined in the final
607 judgment to have caused the harm intentionally; however, the
608 fund is authorized to pay all other court-ordered attorney’s
609 fees as provided under s. 284.31.
610 Section 16. For the purpose of incorporating the amendment
611 made by this act to section 768.28, Florida Statutes, in a
612 reference thereto, paragraph (b) of subsection (1) of section
613 322.13, Florida Statutes, is reenacted to read:
614 322.13 Driver license examiners.—
615 (1)
616 (b) Those persons serving as driver license examiners are
617 not liable for actions taken within the scope of their
618 employment or designation, except as provided by s. 768.28.
619 Section 17. For the purpose of incorporating the amendment
620 made by this act to section 768.28, Florida Statutes, in a
621 reference thereto, subsection (1) of section 337.19, Florida
622 Statutes, is reenacted to read:
623 337.19 Suits by and against department; limitation of
624 actions; forum.—
625 (1) Suits at law and in equity may be brought and
626 maintained by and against the department on any contract claim
627 arising from breach of an express provision or an implied
628 covenant of a written agreement or a written directive issued by
629 the department pursuant to the written agreement. In any such
630 suit, the department and the contractor shall have all of the
631 same rights and obligations as a private person under a like
632 contract except that no liability may be based on an oral
633 modification of either the written contract or written
634 directive. Nothing herein shall be construed to waive the
635 sovereign immunity of the state and its political subdivisions
636 from equitable claims and equitable remedies. Notwithstanding
637 anything to the contrary contained in this section, no employee
638 or agent of the department may be held personally liable to an
639 extent greater than that pursuant to s. 768.28 provided that no
640 suit sounding in tort shall be maintained against the
641 department.
642 Section 18. For the purpose of incorporating the amendment
643 made by this act to section 768.28, Florida Statutes, in a
644 reference thereto, subsection (17) of section 341.302, Florida
645 Statutes, is reenacted to read:
646 341.302 Rail program; duties and responsibilities of the
647 department.—The department, in conjunction with other
648 governmental entities, including the rail enterprise and the
649 private sector, shall develop and implement a rail program of
650 statewide application designed to ensure the proper maintenance,
651 safety, revitalization, and expansion of the rail system to
652 assure its continued and increased availability to respond to
653 statewide mobility needs. Within the resources provided pursuant
654 to chapter 216, and as authorized under federal law, the
655 department shall:
656 (17) In conjunction with the acquisition, ownership,
657 construction, operation, maintenance, and management of a rail
658 corridor, have the authority to:
659 (a) Assume obligations pursuant to the following:
660 1.a. The department may assume the obligation by contract
661 to forever protect, defend, indemnify, and hold harmless the
662 freight rail operator, or its successors, from whom the
663 department has acquired a real property interest in the rail
664 corridor, and that freight rail operator’s officers, agents, and
665 employees, from and against any liability, cost, and expense,
666 including, but not limited to, commuter rail passengers and rail
667 corridor invitees in the rail corridor, regardless of whether
668 the loss, damage, destruction, injury, or death giving rise to
669 any such liability, cost, or expense is caused in whole or in
670 part, and to whatever nature or degree, by the fault, failure,
671 negligence, misconduct, nonfeasance, or misfeasance of such
672 freight rail operator, its successors, or its officers, agents,
673 and employees, or any other person or persons whomsoever; or
674 b. The department may assume the obligation by contract to
675 forever protect, defend, indemnify, and hold harmless National
676 Railroad Passenger Corporation, or its successors, and officers,
677 agents, and employees of National Railroad Passenger
678 Corporation, from and against any liability, cost, and expense,
679 including, but not limited to, commuter rail passengers and rail
680 corridor invitees in the rail corridor, regardless of whether
681 the loss, damage, destruction, injury, or death giving rise to
682 any such liability, cost, or expense is caused in whole or in
683 part, and to whatever nature or degree, by the fault, failure,
684 negligence, misconduct, nonfeasance, or misfeasance of National
685 Railroad Passenger Corporation, its successors, or its officers,
686 agents, and employees, or any other person or persons
687 whomsoever.
688 2. The assumption of liability of the department by
689 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
690 1.b. may not in any instance exceed the following parameters of
691 allocation of risk:
692 a. The department may be solely responsible for any loss,
693 injury, or damage to commuter rail passengers, or rail corridor
694 invitees, or trespassers, regardless of circumstances or cause,
695 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
696 6.
697 b.(I) In the event of a limited covered accident, the
698 authority of the department to protect, defend, and indemnify
699 the freight operator for all liability, cost, and expense,
700 including punitive or exemplary damages, in excess of the
701 deductible or self-insurance retention fund established under
702 paragraph (b) and actually in force at the time of the limited
703 covered accident exists only if the freight operator agrees,
704 with respect to the limited covered accident, to protect,
705 defend, and indemnify the department for the amount of the
706 deductible or self-insurance retention fund established under
707 paragraph (b) and actually in force at the time of the limited
708 covered accident.
709 (II) In the event of a limited covered accident, the
710 authority of the department to protect, defend, and indemnify
711 National Railroad Passenger Corporation for all liability, cost,
712 and expense, including punitive or exemplary damages, in excess
713 of the deductible or self-insurance retention fund established
714 under paragraph (b) and actually in force at the time of the
715 limited covered accident exists only if National Railroad
716 Passenger Corporation agrees, with respect to the limited
717 covered accident, to protect, defend, and indemnify the
718 department for the amount of the deductible or self-insurance
719 retention fund established under paragraph (b) and actually in
720 force at the time of the limited covered accident.
721 3. When only one train is involved in an incident, the
722 department may be solely responsible for any loss, injury, or
723 damage if the train is a department train or other train
724 pursuant to subparagraph 4., but only if:
725 a. When an incident occurs with only a freight train
726 involved, including incidents with trespassers or at grade
727 crossings, the freight rail operator is solely responsible for
728 any loss, injury, or damage, except for commuter rail passengers
729 and rail corridor invitees; or
730 b. When an incident occurs with only a National Railroad
731 Passenger Corporation train involved, including incidents with
732 trespassers or at grade crossings, National Railroad Passenger
733 Corporation is solely responsible for any loss, injury, or
734 damage, except for commuter rail passengers and rail corridor
735 invitees.
736 4. For the purposes of this subsection:
737 a. Any train involved in an incident that is neither the
738 department’s train nor the freight rail operator’s train,
739 hereinafter referred to in this subsection as an “other train,”
740 may be treated as a department train, solely for purposes of any
741 allocation of liability between the department and the freight
742 rail operator only, but only if the department and the freight
743 rail operator share responsibility equally as to third parties
744 outside the rail corridor who incur loss, injury, or damage as a
745 result of any incident involving both a department train and a
746 freight rail operator train, and the allocation as between the
747 department and the freight rail operator, regardless of whether
748 the other train is treated as a department train, shall remain
749 one-half each as to third parties outside the rail corridor who
750 incur loss, injury, or damage as a result of the incident. The
751 involvement of any other train shall not alter the sharing of
752 equal responsibility as to third parties outside the rail
753 corridor who incur loss, injury, or damage as a result of the
754 incident; or
755 b. Any train involved in an incident that is neither the
756 department’s train nor the National Railroad Passenger
757 Corporation’s train, hereinafter referred to in this subsection
758 as an “other train,” may be treated as a department train,
759 solely for purposes of any allocation of liability between the
760 department and National Railroad Passenger Corporation only, but
761 only if the department and National Railroad Passenger
762 Corporation share responsibility equally as to third parties
763 outside the rail corridor who incur loss, injury, or damage as a
764 result of any incident involving both a department train and a
765 National Railroad Passenger Corporation train, and the
766 allocation as between the department and National Railroad
767 Passenger Corporation, regardless of whether the other train is
768 treated as a department train, shall remain one-half each as to
769 third parties outside the rail corridor who incur loss, injury,
770 or damage as a result of the incident. The involvement of any
771 other train shall not alter the sharing of equal responsibility
772 as to third parties outside the rail corridor who incur loss,
773 injury, or damage as a result of the incident.
774 5. When more than one train is involved in an incident:
775 a.(I) If only a department train and freight rail
776 operator’s train, or only an other train as described in sub
777 subparagraph 4.a. and a freight rail operator’s train, are
778 involved in an incident, the department may be responsible for
779 its property and all of its people, all commuter rail
780 passengers, and rail corridor invitees, but only if the freight
781 rail operator is responsible for its property and all of its
782 people, and the department and the freight rail operator each
783 share one-half responsibility as to trespassers or third parties
784 outside the rail corridor who incur loss, injury, or damage as a
785 result of the incident; or
786 (II) If only a department train and a National Railroad
787 Passenger Corporation train, or only an other train as described
788 in sub-subparagraph 4.b. and a National Railroad Passenger
789 Corporation train, are involved in an incident, the department
790 may be responsible for its property and all of its people, all
791 commuter rail passengers, and rail corridor invitees, but only
792 if National Railroad Passenger Corporation is responsible for
793 its property and all of its people, all National Railroad
794 Passenger Corporation’s rail passengers, and the department and
795 National Railroad Passenger Corporation each share one-half
796 responsibility as to trespassers or third parties outside the
797 rail corridor who incur loss, injury, or damage as a result of
798 the incident.
799 b.(I) If a department train, a freight rail operator train,
800 and any other train are involved in an incident, the allocation
801 of liability between the department and the freight rail
802 operator, regardless of whether the other train is treated as a
803 department train, shall remain one-half each as to third parties
804 outside the rail corridor who incur loss, injury, or damage as a
805 result of the incident; the involvement of any other train shall
806 not alter the sharing of equal responsibility as to third
807 parties outside the rail corridor who incur loss, injury, or
808 damage as a result of the incident; and, if the owner, operator,
809 or insurer of the other train makes any payment to injured third
810 parties outside the rail corridor who incur loss, injury, or
811 damage as a result of the incident, the allocation of credit
812 between the department and the freight rail operator as to such
813 payment shall not in any case reduce the freight rail operator’s
814 third-party-sharing allocation of one-half under this paragraph
815 to less than one-third of the total third party liability; or
816 (II) If a department train, a National Railroad Passenger
817 Corporation train, and any other train are involved in an
818 incident, the allocation of liability between the department and
819 National Railroad Passenger Corporation, regardless of whether
820 the other train is treated as a department train, shall remain
821 one-half each as to third parties outside the rail corridor who
822 incur loss, injury, or damage as a result of the incident; the
823 involvement of any other train shall not alter the sharing of
824 equal responsibility as to third parties outside the rail
825 corridor who incur loss, injury, or damage as a result of the
826 incident; and, if the owner, operator, or insurer of the other
827 train makes any payment to injured third parties outside the
828 rail corridor who incur loss, injury, or damage as a result of
829 the incident, the allocation of credit between the department
830 and National Railroad Passenger Corporation as to such payment
831 shall not in any case reduce National Railroad Passenger
832 Corporation’s third-party-sharing allocation of one-half under
833 this sub-subparagraph to less than one-third of the total third
834 party liability.
835 6. Any such contractual duty to protect, defend, indemnify,
836 and hold harmless such a freight rail operator or National
837 Railroad Passenger Corporation shall expressly include a
838 specific cap on the amount of the contractual duty, which amount
839 shall not exceed $200 million without prior legislative
840 approval, and the department to purchase liability insurance and
841 establish a self-insurance retention fund in the amount of the
842 specific cap established under this subparagraph, provided that:
843 a. No such contractual duty shall in any case be effective
844 nor otherwise extend the department’s liability in scope and
845 effect beyond the contractual liability insurance and self
846 insurance retention fund required pursuant to this paragraph;
847 and
848 b.(I) The freight rail operator’s compensation to the
849 department for future use of the department’s rail corridor
850 shall include a monetary contribution to the cost of such
851 liability coverage for the sole benefit of the freight rail
852 operator.
853 (II) National Railroad Passenger Corporation’s compensation
854 to the department for future use of the department’s rail
855 corridor shall include a monetary contribution to the cost of
856 such liability coverage for the sole benefit of National
857 Railroad Passenger Corporation.
858 (b) Purchase liability insurance, which amount shall not
859 exceed $200 million, and establish a self-insurance retention
860 fund for the purpose of paying the deductible limit established
861 in the insurance policies it may obtain, including coverage for
862 the department, any freight rail operator as described in
863 paragraph (a), National Railroad Passenger Corporation, commuter
864 rail service providers, governmental entities, or any ancillary
865 development, which self-insurance retention fund or deductible
866 shall not exceed $10 million. The insureds shall pay a
867 reasonable monetary contribution to the cost of such liability
868 coverage for the sole benefit of the insured. Such insurance and
869 self-insurance retention fund may provide coverage for all
870 damages, including, but not limited to, compensatory, special,
871 and exemplary, and be maintained to provide an adequate fund to
872 cover claims and liabilities for loss, injury, or damage arising
873 out of or connected with the ownership, operation, maintenance,
874 and management of a rail corridor.
875 (c) Incur expenses for the purchase of advertisements,
876 marketing, and promotional items.
877 (d) Without altering any of the rights granted to the
878 department under this section, agree to assume the obligations
879 to indemnify and insure, pursuant to s. 343.545, freight rail
880 service, intercity passenger rail service, and commuter rail
881 service on a department-owned rail corridor, whether ownership
882 is in fee or by easement, or on a rail corridor where the
883 department has the right to operate.
884
885 Neither the assumption by contract to protect, defend,
886 indemnify, and hold harmless; the purchase of insurance; nor the
887 establishment of a self-insurance retention fund shall be deemed
888 to be a waiver of any defense of sovereign immunity for torts
889 nor deemed to increase the limits of the department’s or the
890 governmental entity’s liability for torts as provided in s.
891 768.28. The requirements of s. 287.022(1) shall not apply to the
892 purchase of any insurance under this subsection. The provisions
893 of this subsection shall apply and inure fully as to any other
894 governmental entity providing commuter rail service and
895 constructing, operating, maintaining, or managing a rail
896 corridor on publicly owned right-of-way under contract by the
897 governmental entity with the department or a governmental entity
898 designated by the department. Notwithstanding any law to the
899 contrary, procurement for the construction, operation,
900 maintenance, and management of any rail corridor described in
901 this subsection, whether by the department, a governmental
902 entity under contract with the department, or a governmental
903 entity designated by the department, shall be pursuant to s.
904 287.057 and shall include, but not be limited to, criteria for
905 the consideration of qualifications, technical aspects of the
906 proposal, and price. Further, any such contract for design-build
907 shall be procured pursuant to the criteria in s. 337.11(7).
908 Section 19. For the purpose of incorporating the amendment
909 made by this act to section 768.28, Florida Statutes, in a
910 reference thereto, paragraph (c) of subsection (4) of section
911 351.03, Florida Statutes, is reenacted to read:
912 351.03 Railroad-highway grade-crossing warning signs and
913 signals; audible warnings; exercise of reasonable care; blocking
914 highways, roads, and streets during darkness.—
915 (4)
916 (c) Nothing in this subsection shall be construed to
917 nullify the liability provisions of s. 768.28.
918 Section 20. For the purpose of incorporating the amendment
919 made by this act to section 768.28, Florida Statutes, in a
920 reference thereto, subsection (6) of section 373.1395, Florida
921 Statutes, is reenacted to read:
922 373.1395 Limitation on liability of water management
923 district with respect to areas made available to the public for
924 recreational purposes without charge.—
925 (6) This section does not relieve any water management
926 district of any liability that would otherwise exist for gross
927 negligence or a deliberate, willful, or malicious injury to a
928 person or property. This section does not create or increase the
929 liability of any water management district or person beyond that
930 which is authorized by s. 768.28.
931 Section 21. For the purpose of incorporating the amendment
932 made by this act to section 768.28, Florida Statutes, in a
933 reference thereto, paragraph (a) of subsection (3) of section
934 375.251, Florida Statutes, is reenacted to read:
935 375.251 Limitation on liability of persons making available
936 to public certain areas for recreational purposes without
937 charge.—
938 (3)(a) An owner of an area who enters into a written
939 agreement concerning the area with a state agency for outdoor
940 recreational purposes, where such agreement recognizes that the
941 state agency is responsible for personal injury, loss, or damage
942 resulting in whole or in part from the state agency’s use of the
943 area under the terms of the agreement subject to the limitations
944 and conditions specified in s. 768.28, owes no duty of care to
945 keep the area safe for entry or use by others, or to give
946 warning to persons entering or going on the area of any
947 hazardous conditions, structures, or activities thereon. An
948 owner who enters into a written agreement concerning the area
949 with a state agency for outdoor recreational purposes:
950 1. Is not presumed to extend any assurance that the area is
951 safe for any purpose;
952 2. Does not incur any duty of care toward a person who goes
953 on the area that is subject to the agreement; or
954 3. Is not liable or responsible for any injury to persons
955 or property caused by the act or omission of a person who goes
956 on the area that is subject to the agreement.
957 Section 22. For the purpose of incorporating the amendment
958 made by this act to section 768.28, Florida Statutes, in a
959 reference thereto, subsection (9) of section 381.0056, Florida
960 Statutes, is reenacted to read:
961 381.0056 School health services program.—
962 (9) Any health care entity that provides school health
963 services under contract with the department pursuant to a school
964 health services plan developed under this section, and as part
965 of a school nurse services public-private partnership, is deemed
966 to be a corporation acting primarily as an instrumentality of
967 the state solely for the purpose of limiting liability pursuant
968 to s. 768.28(5). The limitations on tort actions contained in s.
969 768.28(5) shall apply to any action against the entity with
970 respect to the provision of school health services, if the
971 entity is acting within the scope of and pursuant to guidelines
972 established in the contract or by rule of the department. The
973 contract must require the entity, or the partnership on behalf
974 of the entity, to obtain general liability insurance coverage,
975 with any additional endorsement necessary to insure the entity
976 for liability assumed by its contract with the department. The
977 Legislature intends that insurance be purchased by entities, or
978 by partnerships on behalf of the entity, to cover all liability
979 claims, and under no circumstances shall the state or the
980 department be responsible for payment of any claims or defense
981 costs for claims brought against the entity or its subcontractor
982 for services performed under the contract with the department.
983 This subsection does not preclude consideration by the
984 Legislature for payment by the state of any claims bill
985 involving an entity contracting with the department pursuant to
986 this section.
987 Section 23. For the purpose of incorporating the amendment
988 made by this act to section 768.28, Florida Statutes, in a
989 reference thereto, subsection (3) of section 393.075, Florida
990 Statutes, is reenacted to read:
991 393.075 General liability coverage.—
992 (3) This section shall not be construed as designating or
993 not designating that a person who owns or operates a foster care
994 facility or group home facility as described in this section or
995 any other person is an employee or agent of the state. Nothing
996 in this section amends, expands, or supersedes the provisions of
997 s. 768.28.
998 Section 24. For the purpose of incorporating the amendment
999 made by this act to section 768.28, Florida Statutes, in a
1000 reference thereto, subsection (7) of section 394.9085, Florida
1001 Statutes, is reenacted to read:
1002 394.9085 Behavioral provider liability.—
1003 (7) This section shall not be construed to waive sovereign
1004 immunity for any governmental unit or other entity protected by
1005 sovereign immunity. Section 768.28 shall continue to apply to
1006 all governmental units and such entities.
1007 Section 25. For the purpose of incorporating the amendment
1008 made by this act to section 768.28, Florida Statutes, in a
1009 reference thereto, paragraph (g) of subsection (10) of section
1010 395.1055, Florida Statutes, is reenacted to read:
1011 395.1055 Rules and enforcement.—
1012 (10) The agency shall establish a pediatric cardiac
1013 technical advisory panel, pursuant to s. 20.052, to develop
1014 procedures and standards for measuring outcomes of pediatric
1015 cardiac catheterization programs and pediatric cardiovascular
1016 surgery programs.
1017 (g) Panel members are agents of the state for purposes of
1018 s. 768.28 throughout the good faith performance of the duties
1019 assigned to them by the Secretary of Health Care Administration.
1020 Section 26. For the purpose of incorporating the amendment
1021 made by this act to section 768.28, Florida Statutes, in a
1022 reference thereto, paragraph (c) of subsection (17) of section
1023 403.706, Florida Statutes, is reenacted to read:
1024 403.706 Local government solid waste responsibilities.—
1025 (17) To effect the purposes of this part, counties and
1026 municipalities are authorized, in addition to other powers
1027 granted pursuant to this part:
1028 (c) To waive sovereign immunity and immunity from suit in
1029 federal court by vote of the governing body of the county or
1030 municipality to the extent necessary to carry out the authority
1031 granted in paragraphs (a) and (b), notwithstanding the
1032 limitations prescribed in s. 768.28.
1033 Section 27. For the purpose of incorporating the amendment
1034 made by this act to section 768.28, Florida Statutes, in a
1035 reference thereto, paragraph (b) of subsection (15) of section
1036 409.175, Florida Statutes, is reenacted to read:
1037 409.175 Licensure of family foster homes, residential
1038 child-caring agencies, and child-placing agencies; public
1039 records exemption.—
1040 (15)
1041 (b) This subsection may not be construed as designating or
1042 not designating that a person who owns or operates a family
1043 foster home as described in this subsection or any other person
1044 is an employee or agent of the state. Nothing in this subsection
1045 amends, expands, or supersedes the provisions of s. 768.28.
1046 Section 28. For the purpose of incorporating the amendment
1047 made by this act to section 768.28, Florida Statutes, in
1048 references thereto, subsection (1), paragraph (a) of subsection
1049 (2), and paragraph (a) of subsection (3) of section 409.993,
1050 Florida Statutes, are reenacted to read:
1051 409.993 Lead agencies and subcontractor liability.—
1052 (1) FINDINGS.—
1053 (a) The Legislature finds that the state has traditionally
1054 provided foster care services to children who are the
1055 responsibility of the state. As such, foster children have not
1056 had the right to recover for injuries beyond the limitations
1057 specified in s. 768.28. The Legislature has determined that
1058 foster care and related services should be outsourced pursuant
1059 to this section and that the provision of such services is of
1060 paramount importance to the state. The purpose of such
1061 outsourcing is to increase the level of safety, security, and
1062 stability of children who are or become the responsibility of
1063 the state. One of the components necessary to secure a safe and
1064 stable environment for such children is the requirement that
1065 private providers maintain liability insurance. As such,
1066 insurance needs to be available and remain available to
1067 nongovernmental foster care and related services providers
1068 without the resources of such providers being significantly
1069 reduced by the cost of maintaining such insurance.
1070 (b) The Legislature further finds that, by requiring the
1071 following minimum levels of insurance, children in outsourced
1072 foster care and related services will gain increased protection
1073 and rights of recovery in the event of injury than currently
1074 provided in s. 768.28.
1075 (2) LEAD AGENCY LIABILITY.—
1076 (a) Other than an entity to which s. 768.28 applies, an
1077 eligible community-based care lead agency, or its employees or
1078 officers, except as otherwise provided in paragraph (b), shall,
1079 as a part of its contract, obtain a minimum of $1 million per
1080 occurrence with a policy period aggregate limit of $3 million in
1081 general liability insurance coverage. The lead agency must also
1082 require that staff who transport client children and families in
1083 their personal automobiles in order to carry out their job
1084 responsibilities obtain minimum bodily injury liability
1085 insurance in the amount of $100,000 per person per any one
1086 automobile accident, and subject to such limits for each person,
1087 $300,000 for all damages resulting from any one automobile
1088 accident, on their personal automobiles. In lieu of personal
1089 motor vehicle insurance, the lead agency’s casualty, liability,
1090 or motor vehicle insurance carrier may provide nonowned
1091 automobile liability coverage. This insurance provides liability
1092 insurance for an automobile that the lead agency uses in
1093 connection with the lead agency’s business but does not own,
1094 lease, rent, or borrow. This coverage includes an automobile
1095 owned by an employee of the lead agency or a member of the
1096 employee’s household but only while the automobile is used in
1097 connection with the lead agency’s business. The nonowned
1098 automobile coverage for the lead agency applies as excess
1099 coverage over any other collectible insurance. The personal
1100 automobile policy for the employee of the lead agency shall be
1101 primary insurance, and the nonowned automobile coverage of the
1102 lead agency acts as excess insurance to the primary insurance.
1103 The lead agency shall provide a minimum limit of $1 million in
1104 nonowned automobile coverage. In a tort action brought against
1105 such a lead agency or employee, net economic damages shall be
1106 limited to $2 million per liability claim and $200,000 per
1107 automobile claim, including, but not limited to, past and future
1108 medical expenses, wage loss, and loss of earning capacity,
1109 offset by any collateral source payment paid or payable. In any
1110 tort action brought against a lead agency, noneconomic damages
1111 shall be limited to $400,000 per claim. A claims bill may be
1112 brought on behalf of a claimant pursuant to s. 768.28 for any
1113 amount exceeding the limits specified in this paragraph. Any
1114 offset of collateral source payments made as of the date of the
1115 settlement or judgment shall be in accordance with s. 768.76.
1116 The lead agency is not liable in tort for the acts or omissions
1117 of its subcontractors or the officers, agents, or employees of
1118 its subcontractors.
1119 (3) SUBCONTRACTOR LIABILITY.—
1120 (a) A subcontractor of an eligible community-based care
1121 lead agency that is a direct provider of foster care and related
1122 services to children and families, and its employees or
1123 officers, except as otherwise provided in paragraph (b), must,
1124 as a part of its contract, obtain a minimum of $1 million per
1125 occurrence with a policy period aggregate limit of $3 million in
1126 general liability insurance coverage. The subcontractor of a
1127 lead agency must also require that staff who transport client
1128 children and families in their personal automobiles in order to
1129 carry out their job responsibilities obtain minimum bodily
1130 injury liability insurance in the amount of $100,000 per person
1131 in any one automobile accident, and subject to such limits for
1132 each person, $300,000 for all damages resulting from any one
1133 automobile accident, on their personal automobiles. In lieu of
1134 personal motor vehicle insurance, the subcontractor’s casualty,
1135 liability, or motor vehicle insurance carrier may provide
1136 nonowned automobile liability coverage. This insurance provides
1137 liability insurance for automobiles that the subcontractor uses
1138 in connection with the subcontractor’s business but does not
1139 own, lease, rent, or borrow. This coverage includes automobiles
1140 owned by the employees of the subcontractor or a member of the
1141 employee’s household but only while the automobiles are used in
1142 connection with the subcontractor’s business. The nonowned
1143 automobile coverage for the subcontractor applies as excess
1144 coverage over any other collectible insurance. The personal
1145 automobile policy for the employee of the subcontractor shall be
1146 primary insurance, and the nonowned automobile coverage of the
1147 subcontractor acts as excess insurance to the primary insurance.
1148 The subcontractor shall provide a minimum limit of $1 million in
1149 nonowned automobile coverage. In a tort action brought against
1150 such subcontractor or employee, net economic damages shall be
1151 limited to $2 million per liability claim and $200,000 per
1152 automobile claim, including, but not limited to, past and future
1153 medical expenses, wage loss, and loss of earning capacity,
1154 offset by any collateral source payment paid or payable. In a
1155 tort action brought against such subcontractor, noneconomic
1156 damages shall be limited to $400,000 per claim. A claims bill
1157 may be brought on behalf of a claimant pursuant to s. 768.28 for
1158 any amount exceeding the limits specified in this paragraph. Any
1159 offset of collateral source payments made as of the date of the
1160 settlement or judgment shall be in accordance with s. 768.76.
1161 Section 29. For the purpose of incorporating the amendment
1162 made by this act to section 768.28, Florida Statutes, in a
1163 reference thereto, subsection (8) of section 420.504, Florida
1164 Statutes, is reenacted to read:
1165 420.504 Public corporation; creation, membership, terms,
1166 expenses.—
1167 (8) The corporation is a corporation primarily acting as an
1168 instrumentality of the state, within the meaning of s. 768.28.
1169 Section 30. For the purpose of incorporating the amendment
1170 made by this act to section 768.28, Florida Statutes, in a
1171 reference thereto, subsection (3) of section 455.221, Florida
1172 Statutes, is reenacted to read:
1173 455.221 Legal and investigative services.—
1174 (3) Any person retained by the department under contract to
1175 review materials, make site visits, or provide expert testimony
1176 regarding any complaint or application filed with the department
1177 relating to a profession under the jurisdiction of the
1178 department shall be considered an agent of the department in
1179 determining the state insurance coverage and sovereign immunity
1180 protection applicability of ss. 284.31 and 768.28.
1181 Section 31. For the purpose of incorporating the amendment
1182 made by this act to section 768.28, Florida Statutes, in a
1183 reference thereto, subsection (5) of section 455.32, Florida
1184 Statutes, is reenacted to read:
1185 455.32 Management Privatization Act.—
1186 (5) Any such corporation may hire staff as necessary to
1187 carry out its functions. Such staff are not public employees for
1188 the purposes of chapter 110 or chapter 112, except that the
1189 board of directors and the employees of the corporation are
1190 subject to the provisions of s. 112.061 and part III of chapter
1191 112. The provisions of s. 768.28 apply to each such corporation,
1192 which is deemed to be a corporation primarily acting as an
1193 instrumentality of the state but which is not an agency within
1194 the meaning of s. 20.03(1).
1195 Section 32. For the purpose of incorporating the amendment
1196 made by this act to section 768.28, Florida Statutes, in a
1197 reference thereto, subsection (3) of section 456.009, Florida
1198 Statutes, is reenacted to read:
1199 456.009 Legal and investigative services.—
1200 (3) Any person retained by the department under contract to
1201 review materials, make site visits, or provide expert testimony
1202 regarding any complaint or application filed with the department
1203 relating to a profession under the jurisdiction of the
1204 department shall be considered an agent of the department in
1205 determining the state insurance coverage and sovereign immunity
1206 protection applicability of ss. 284.31 and 768.28.
1207 Section 33. For the purpose of incorporating the amendment
1208 made by this act to section 768.28, Florida Statutes, in a
1209 reference thereto, paragraph (a) of subsection (15) of section
1210 456.076, Florida Statutes, is reenacted to read:
1211 456.076 Impaired practitioner programs.—
1212 (15)(a) A consultant retained pursuant to this section and
1213 a consultant’s directors, officers, employees, or agents shall
1214 be considered agents of the department for purposes of s. 768.28
1215 while acting within the scope of the consultant’s duties under
1216 the contract with the department.
1217 Section 34. For the purpose of incorporating the amendment
1218 made by this act to section 768.28, Florida Statutes, in a
1219 reference thereto, subsection (3) of section 471.038, Florida
1220 Statutes, is reenacted to read:
1221 471.038 Florida Engineers Management Corporation.—
1222 (3) The Florida Engineers Management Corporation is created
1223 to provide administrative, investigative, and prosecutorial
1224 services to the board in accordance with the provisions of
1225 chapter 455 and this chapter. The management corporation may
1226 hire staff as necessary to carry out its functions. Such staff
1227 are not public employees for the purposes of chapter 110 or
1228 chapter 112, except that the board of directors and the staff
1229 are subject to the provisions of s. 112.061. The provisions of
1230 s. 768.28 apply to the management corporation, which is deemed
1231 to be a corporation primarily acting as an instrumentality of
1232 the state, but which is not an agency within the meaning of s.
1233 20.03(1). The management corporation shall:
1234 (a) Be a Florida corporation not for profit, incorporated
1235 under the provisions of chapter 617.
1236 (b) Provide administrative, investigative, and
1237 prosecutorial services to the board in accordance with the
1238 provisions of chapter 455, this chapter, and the contract
1239 required by this section.
1240 (c) Receive, hold, and administer property and make only
1241 prudent expenditures directly related to the responsibilities of
1242 the board, and in accordance with the contract required by this
1243 section.
1244 (d) Be approved by the board, and the department, to
1245 operate for the benefit of the board and in the best interest of
1246 the state.
1247 (e) Operate under a fiscal year that begins on July 1 of
1248 each year and ends on June 30 of the following year.
1249 (f) Have a seven-member board of directors, five of whom
1250 are to be appointed by the board and must be registrants
1251 regulated by the board and two of whom are to be appointed by
1252 the secretary and must be laypersons not regulated by the board.
1253 All appointments shall be for 4-year terms. No member shall
1254 serve more than two consecutive terms. Failure to attend three
1255 consecutive meetings shall be deemed a resignation from the
1256 board, and the vacancy shall be filled by a new appointment.
1257 (g) Select its officers in accordance with its bylaws. The
1258 members of the board of directors who were appointed by the
1259 board may be removed by the board.
1260 (h) Select the president of the management corporation, who
1261 shall also serve as executive director to the board, subject to
1262 approval of the board.
1263 (i) Use a portion of the interest derived from the
1264 management corporation account to offset the costs associated
1265 with the use of credit cards for payment of fees by applicants
1266 or licensees.
1267 (j) Operate under a written contract with the department
1268 which is approved by the board. The contract must provide for,
1269 but is not limited to:
1270 1. Submission by the management corporation of an annual
1271 budget that complies with board rules for approval by the board
1272 and the department.
1273 2. Annual certification by the board and the department
1274 that the management corporation is complying with the terms of
1275 the contract in a manner consistent with the goals and purposes
1276 of the board and in the best interest of the state. This
1277 certification must be reported in the board’s minutes. The
1278 contract must also provide for methods and mechanisms to resolve
1279 any situation in which the certification process determines
1280 noncompliance.
1281 3. Funding of the management corporation through
1282 appropriations allocated to the regulation of professional
1283 engineers from the Professional Regulation Trust Fund.
1284 4. The reversion to the board, or the state if the board
1285 ceases to exist, of moneys, records, data, and property held in
1286 trust by the management corporation for the benefit of the
1287 board, if the management corporation is no longer approved to
1288 operate for the board or the board ceases to exist. All records
1289 and data in a computerized database shall be returned to the
1290 department in a form that is compatible with the computerized
1291 database of the department.
1292 5. The securing and maintaining by the management
1293 corporation, during the term of the contract and for all acts
1294 performed during the term of the contract, of all liability
1295 insurance coverages in an amount to be approved by the board to
1296 defend, indemnify, and hold harmless the management corporation
1297 and its officers and employees, the department and its
1298 employees, and the state against all claims arising from state
1299 and federal laws. Such insurance coverage must be with insurers
1300 qualified and doing business in the state. The management
1301 corporation must provide proof of insurance to the department.
1302 The department and its employees and the state are exempt from
1303 and are not liable for any sum of money which represents a
1304 deductible, which sums shall be the sole responsibility of the
1305 management corporation. Violation of this subparagraph shall be
1306 grounds for terminating the contract.
1307 6. Payment by the management corporation, out of its
1308 allocated budget, to the department of all costs of
1309 representation by the board counsel, including salary and
1310 benefits, travel, and any other compensation traditionally paid
1311 by the department to other board counsel.
1312 7. Payment by the management corporation, out of its
1313 allocated budget, to the department of all costs incurred by the
1314 management corporation or the board for the Division of
1315 Administrative Hearings of the Department of Management Services
1316 and any other cost for utilization of these state services.
1317 8. Payment by the management corporation, out of its
1318 allocated budget, to the department of reasonable costs
1319 associated with the contract monitor.
1320 (k) Provide for an annual financial audit of its financial
1321 accounts and records by an independent certified public
1322 accountant. The annual audit report shall include a management
1323 letter in accordance with s. 11.45 and a detailed supplemental
1324 schedule of expenditures for each expenditure category. The
1325 annual audit report must be submitted to the board, the
1326 department, and the Auditor General for review.
1327 (l) Provide for persons not employed by the corporation who
1328 are charged with the responsibility of receiving and depositing
1329 fee and fine revenues to have a faithful performance bond in
1330 such an amount and according to such terms as shall be
1331 determined in the contract.
1332 (m) Submit to the secretary, the board, and the
1333 Legislature, on or before October 1 of each year, a report on
1334 the status of the corporation which includes, but is not limited
1335 to, information concerning the programs and funds that have been
1336 transferred to the corporation. The report must include: the
1337 number of license applications received; the number approved and
1338 denied and the number of licenses issued; the number of
1339 examinations administered and the number of applicants who
1340 passed or failed the examination; the number of complaints
1341 received; the number determined to be legally sufficient; the
1342 number dismissed; the number determined to have probable cause;
1343 the number of administrative complaints issued and the status of
1344 the complaints; and the number and nature of disciplinary
1345 actions taken by the board.
1346 (n) Develop and submit to the department, performance
1347 standards and measurable outcomes for the board to adopt by rule
1348 in order to facilitate efficient and cost-effective regulation.
1349 Section 35. For the purpose of incorporating the amendment
1350 made by this act to section 768.28, Florida Statutes, in a
1351 reference thereto, paragraph (b) of subsection (11) of section
1352 472.006, Florida Statutes, is reenacted to read:
1353 472.006 Department; powers and duties.—The department
1354 shall:
1355 (11) Provide legal counsel for the board by contracting
1356 with the Department of Legal Affairs, by retaining private
1357 counsel pursuant to s. 287.059, or by providing department staff
1358 counsel. The board shall periodically review and evaluate the
1359 services provided by its board counsel. Fees and costs of such
1360 counsel shall be paid from the General Inspection Trust Fund,
1361 subject to ss. 215.37 and 472.011. All contracts for independent
1362 legal counsel must provide for periodic review and evaluation by
1363 the board and the department of services provided.
1364 (b) Any person retained by the department under contract to
1365 review materials, make site visits, or provide expert testimony
1366 regarding any complaint or application filed with the department
1367 relating to the practice of surveying and mapping shall be
1368 considered an agent of the department in determining the state
1369 insurance coverage and sovereign immunity protection
1370 applicability of ss. 284.31 and 768.28.
1371 Section 36. For the purpose of incorporating the amendment
1372 made by this act to section 768.28, Florida Statutes, in a
1373 reference thereto, subsection (7) of section 497.167, Florida
1374 Statutes, is reenacted to read:
1375 497.167 Administrative matters.—
1376 (7) Any person retained by the department under contract to
1377 review materials, make site visits, or provide expert testimony
1378 regarding any complaint or application filed with the
1379 department, relating to regulation under this chapter, shall be
1380 considered an agent of the department in determining the state
1381 insurance coverage and sovereign immunity protection
1382 applicability of ss. 284.31 and 768.28.
1383 Section 37. For the purpose of incorporating the amendment
1384 made by this act to section 768.28, Florida Statutes, in a
1385 reference thereto, subsection (2) of section 513.118, Florida
1386 Statutes, is reenacted to read:
1387 513.118 Conduct on premises; refusal of service.—
1388 (2) The operator of a recreational vehicle park may request
1389 that a transient guest or visitor who violates subsection (1)
1390 leave the premises immediately. A person who refuses to leave
1391 the premises commits the offense of trespass as provided in s.
1392 810.08, and the operator may call a law enforcement officer to
1393 have the person and his or her property removed under the
1394 supervision of the officer. A law enforcement officer is not
1395 liable for any claim involving the removal of the person or
1396 property from the recreational vehicle park under this section,
1397 except as provided in s. 768.28. If conditions do not allow for
1398 immediate removal of the person’s property, he or she may
1399 arrange a reasonable time, not to exceed 48 hours, with the
1400 operator to come remove the property, accompanied by a law
1401 enforcement officer.
1402 Section 38. For the purpose of incorporating the amendment
1403 made by this act to section 768.28, Florida Statutes, in a
1404 reference thereto, subsection (1) of section 548.046, Florida
1405 Statutes, is reenacted to read:
1406 548.046 Physician’s attendance at match; examinations;
1407 cancellation of match.—
1408 (1) The commission, or the commission representative, shall
1409 assign to each match at least one physician who shall observe
1410 the physical condition of the participants and advise the
1411 commissioner or commission representative in charge and the
1412 referee of the participants’ conditions before, during, and
1413 after the match. The commission shall establish a schedule of
1414 fees for the physician’s services. The physician’s fee shall be
1415 paid by the promoter of the match attended by the physician. The
1416 physician shall be considered an agent of the commission in
1417 determining the state insurance coverage and sovereign immunity
1418 protection applicability of ss. 284.31 and 768.28.
1419 Section 39. For the purpose of incorporating the amendment
1420 made by this act to section 768.28, Florida Statutes, in a
1421 reference thereto, subsection (8) of section 556.106, Florida
1422 Statutes, is reenacted to read:
1423 556.106 Liability of the member operator, excavator, and
1424 system.—
1425 (8) Any liability of the state, its agencies, or its
1426 subdivisions which arises out of this chapter is subject to the
1427 provisions of s. 768.28.
1428 Section 40. For the purpose of incorporating the amendment
1429 made by this act to section 768.28, Florida Statutes, in a
1430 reference thereto, paragraph (e) of subsection (4) of section
1431 589.19, Florida Statutes, is reenacted to read:
1432 589.19 Creation of certain state forests; naming of certain
1433 state forests; Operation Outdoor Freedom Program.—
1434 (4)
1435 (e)1. A private landowner who provides land for designation
1436 and use as an Operation Outdoor Freedom Program hunting site
1437 shall have limited liability pursuant to s. 375.251.
1438 2. A private landowner who consents to the designation and
1439 use of land as part of the Operation Outdoor Freedom Program
1440 without compensation shall be considered a volunteer, as defined
1441 in s. 110.501, and shall be covered by state liability
1442 protection pursuant to s. 768.28, including s. 768.28(9).
1443 3. This subsection does not:
1444 a. Relieve any person of liability that would otherwise
1445 exist for deliberate, willful, or malicious injury to persons or
1446 property.
1447 b. Create or increase the liability of any person.
1448 Section 41. For the purpose of incorporating the amendment
1449 made by this act to section 768.28, Florida Statutes, in
1450 references thereto, subsections (3) and (4) of section 627.7491,
1451 Florida Statutes, are reenacted to read:
1452 627.7491 Official law enforcement vehicles; motor vehicle
1453 insurance requirements.—
1454 (3) Any suit or action brought or maintained against an
1455 employing agency for damages arising out of tort pursuant to
1456 this section, including, without limitation, any claim arising
1457 upon account of an act causing loss of property, personal
1458 injury, or death, shall be subject to the limitations provided
1459 in s. 768.28(5).
1460 (4) The requirements of this section may be met by any
1461 method authorized by s. 768.28(16).
1462 Section 42. For the purpose of incorporating the amendment
1463 made by this act to section 768.28, Florida Statutes, in a
1464 reference thereto, paragraph (c) of subsection (2) of section
1465 723.0611, Florida Statutes, is reenacted to read:
1466 723.0611 Florida Mobile Home Relocation Corporation.—
1467 (2)
1468 (c) The corporation shall, for purposes of s. 768.28, be
1469 considered an agency of the state. Agents or employees of the
1470 corporation, members of the board of directors of the
1471 corporation, or representatives of the Division of Florida
1472 Condominiums, Timeshares, and Mobile Homes shall be considered
1473 officers, employees, or agents of the state, and actions against
1474 them and the corporation shall be governed by s. 768.28.
1475 Section 43. For the purpose of incorporating the amendment
1476 made by this act to section 768.28, Florida Statutes, in a
1477 reference thereto, subsection (5) of section 760.11, Florida
1478 Statutes, is reenacted to read:
1479 760.11 Administrative and civil remedies; construction.—
1480 (5) In any civil action brought under this section, the
1481 court may issue an order prohibiting the discriminatory practice
1482 and providing affirmative relief from the effects of the
1483 practice, including back pay. The court may also award
1484 compensatory damages, including, but not limited to, damages for
1485 mental anguish, loss of dignity, and any other intangible
1486 injuries, and punitive damages. The provisions of ss. 768.72 and
1487 768.73 do not apply to this section. The judgment for the total
1488 amount of punitive damages awarded under this section to an
1489 aggrieved person shall not exceed $100,000. In any action or
1490 proceeding under this subsection, the court, in its discretion,
1491 may allow the prevailing party a reasonable attorney’s fee as
1492 part of the costs. It is the intent of the Legislature that this
1493 provision for attorney’s fees be interpreted in a manner
1494 consistent with federal case law involving a Title VII action.
1495 The right to trial by jury is preserved in any such private
1496 right of action in which the aggrieved person is seeking
1497 compensatory or punitive damages, and any party may demand a
1498 trial by jury. The commission’s determination of reasonable
1499 cause is not admissible into evidence in any civil proceeding,
1500 including any hearing or trial, except to establish for the
1501 court the right to maintain the private right of action. A civil
1502 action brought under this section shall be commenced no later
1503 than 1 year after the date of determination of reasonable cause
1504 by the commission. The commencement of such action shall divest
1505 the commission of jurisdiction of the complaint, except that the
1506 commission may intervene in the civil action as a matter of
1507 right. Notwithstanding the above, the state and its agencies and
1508 subdivisions shall not be liable for punitive damages. The total
1509 amount of recovery against the state and its agencies and
1510 subdivisions shall not exceed the limitation as set forth in s.
1511 768.28(5).
1512 Section 44. For the purpose of incorporating the amendment
1513 made by this act to section 768.28, Florida Statutes, in a
1514 reference thereto, subsection (4) of section 766.1115, Florida
1515 Statutes, is reenacted to read:
1516 766.1115 Health care providers; creation of agency
1517 relationship with governmental contractors.—
1518 (4) CONTRACT REQUIREMENTS.—A health care provider that
1519 executes a contract with a governmental contractor to deliver
1520 health care services on or after April 17, 1992, as an agent of
1521 the governmental contractor is an agent for purposes of s.
1522 768.28(9), while acting within the scope of duties under the
1523 contract, if the contract complies with the requirements of this
1524 section and regardless of whether the individual treated is
1525 later found to be ineligible. A health care provider shall
1526 continue to be an agent for purposes of s. 768.28(9) for 30 days
1527 after a determination of ineligibility to allow for treatment
1528 until the individual transitions to treatment by another health
1529 care provider. A health care provider under contract with the
1530 state may not be named as a defendant in any action arising out
1531 of medical care or treatment provided on or after April 17,
1532 1992, under contracts entered into under this section. The
1533 contract must provide that:
1534 (a) The right of dismissal or termination of any health
1535 care provider delivering services under the contract is retained
1536 by the governmental contractor.
1537 (b) The governmental contractor has access to the patient
1538 records of any health care provider delivering services under
1539 the contract.
1540 (c) Adverse incidents and information on treatment outcomes
1541 must be reported by any health care provider to the governmental
1542 contractor if the incidents and information pertain to a patient
1543 treated under the contract. The health care provider shall
1544 submit the reports required by s. 395.0197. If an incident
1545 involves a professional licensed by the Department of Health or
1546 a facility licensed by the Agency for Health Care
1547 Administration, the governmental contractor shall submit such
1548 incident reports to the appropriate department or agency, which
1549 shall review each incident and determine whether it involves
1550 conduct by the licensee that is subject to disciplinary action.
1551 All patient medical records and any identifying information
1552 contained in adverse incident reports and treatment outcomes
1553 which are obtained by governmental entities under this paragraph
1554 are confidential and exempt from the provisions of s. 119.07(1)
1555 and s. 24(a), Art. I of the State Constitution.
1556 (d) Patient selection and initial referral must be made by
1557 the governmental contractor or the provider. Patients may not be
1558 transferred to the provider based on a violation of the
1559 antidumping provisions of the Omnibus Budget Reconciliation Act
1560 of 1989, the Omnibus Budget Reconciliation Act of 1990, or
1561 chapter 395.
1562 (e) If emergency care is required, the patient need not be
1563 referred before receiving treatment, but must be referred within
1564 48 hours after treatment is commenced or within 48 hours after
1565 the patient has the mental capacity to consent to treatment,
1566 whichever occurs later.
1567 (f) The provider is subject to supervision and regular
1568 inspection by the governmental contractor.
1569 (g) As an agent of the governmental contractor for purposes
1570 of s. 768.28(9), while acting within the scope of duties under
1571 the contract, a health care provider licensed under chapter 466
1572 may allow a patient, or a parent or guardian of the patient, to
1573 voluntarily contribute a monetary amount to cover costs of
1574 dental laboratory work related to the services provided to the
1575 patient. This contribution may not exceed the actual cost of the
1576 dental laboratory charges.
1577
1578 A governmental contractor that is also a health care provider is
1579 not required to enter into a contract under this section with
1580 respect to the health care services delivered by its employees.
1581 Section 45. For the purpose of incorporating the amendment
1582 made by this act to section 768.28, Florida Statutes, in a
1583 reference thereto, subsection (2) of section 766.112, Florida
1584 Statutes, is reenacted to read:
1585 766.112 Comparative fault.—
1586 (2) In an action for damages for personal injury or
1587 wrongful death arising out of medical negligence, whether in
1588 contract or tort, when an apportionment of damages pursuant to
1589 s. 768.81 is attributed to a board of trustees of a state
1590 university, the court shall enter judgment against the board of
1591 trustees on the basis of the board’s percentage of fault and not
1592 on the basis of the doctrine of joint and several liability. The
1593 sole remedy available to a claimant to collect a judgment or
1594 settlement against a board of trustees, subject to the
1595 provisions of this subsection, shall be pursuant to s. 768.28.
1596 Section 46. For the purpose of incorporating the amendment
1597 made by this act to section 768.28, Florida Statutes, in a
1598 reference thereto, subsection (3) of section 768.1355, Florida
1599 Statutes, is reenacted to read:
1600 768.1355 Florida Volunteer Protection Act.—
1601 (3) Members of elected or appointed boards, councils, and
1602 commissions of the state, counties, municipalities, authorities,
1603 and special districts shall incur no civil liability and shall
1604 have immunity from suit as provided in s. 768.28 for acts or
1605 omissions by members relating to members’ conduct of their
1606 official duties. It is the intent of the Legislature to
1607 encourage our best and brightest people to serve on elected and
1608 appointed boards, councils, and commissions.
1609 Section 47. For the purpose of incorporating the amendment
1610 made by this act to section 768.28, Florida Statutes, in a
1611 reference thereto, subsection (7) of section 768.1382, Florida
1612 Statutes, is reenacted to read:
1613 768.1382 Streetlights, security lights, and other similar
1614 illumination; limitation on liability.—
1615 (7) In the event that there is any conflict between this
1616 section and s. 768.81, or any other section of the Florida
1617 Statutes, this section shall control. Further, nothing in this
1618 section shall impact or waive any provision of s. 768.28.
1619 Section 48. For the purpose of incorporating the amendment
1620 made by this act to section 768.28, Florida Statutes, in a
1621 reference thereto, subsection (4) of section 768.295, Florida
1622 Statutes, is reenacted to read:
1623 768.295 Strategic Lawsuits Against Public Participation
1624 (SLAPP) prohibited.—
1625 (4) A person or entity sued by a governmental entity or
1626 another person in violation of this section has a right to an
1627 expeditious resolution of a claim that the suit is in violation
1628 of this section. A person or entity may move the court for an
1629 order dismissing the action or granting final judgment in favor
1630 of that person or entity. The person or entity may file a motion
1631 for summary judgment, together with supplemental affidavits,
1632 seeking a determination that the claimant’s or governmental
1633 entity’s lawsuit has been brought in violation of this section.
1634 The claimant or governmental entity shall thereafter file a
1635 response and any supplemental affidavits. As soon as
1636 practicable, the court shall set a hearing on the motion, which
1637 shall be held at the earliest possible time after the filing of
1638 the claimant’s or governmental entity’s response. The court may
1639 award, subject to the limitations in s. 768.28, the party sued
1640 by a governmental entity actual damages arising from a
1641 governmental entity’s violation of this section. The court shall
1642 award the prevailing party reasonable attorney fees and costs
1643 incurred in connection with a claim that an action was filed in
1644 violation of this section.
1645 Section 49. For the purpose of incorporating the amendment
1646 made by this act to section 768.28, Florida Statutes, in a
1647 reference thereto, section 946.5026, Florida Statutes, is
1648 reenacted to read:
1649 946.5026 Sovereign immunity in tort actions.—The provisions
1650 of s. 768.28 shall be applicable to the corporation established
1651 under this part, which is deemed to be a corporation primarily
1652 acting as an instrumentality of the state.
1653 Section 50. For the purpose of incorporating the amendment
1654 made by this act to section 768.28, Florida Statutes, in a
1655 reference thereto, subsection (3) of section 946.514, Florida
1656 Statutes, is reenacted to read:
1657 946.514 Civil rights of inmates; inmates not state
1658 employees; liability of corporation for inmate injuries.—
1659 (3) The corporation is liable for inmate injury to the
1660 extent specified in s. 768.28; however, the members of the board
1661 of directors are not individually liable to any inmate for any
1662 injury sustained in any correctional work program operated by
1663 the corporation.
1664 Section 51. For the purpose of incorporating the amendment
1665 made by this act to section 768.28, Florida Statutes, in
1666 references thereto, subsection (5), paragraph (a) of subsection
1667 (6), and subsection (7) of section 961.06, Florida Statutes, are
1668 reenacted to read:
1669 961.06 Compensation for wrongful incarceration.—
1670 (5) Before the department approves the application for
1671 compensation, the wrongfully incarcerated person must sign a
1672 release and waiver on behalf of the wrongfully incarcerated
1673 person and his or her heirs, successors, and assigns, forever
1674 releasing the state or any agency, instrumentality, or any
1675 political subdivision thereof, or any other entity subject to s.
1676 768.28, from all present or future claims that the wrongfully
1677 incarcerated person or his or her heirs, successors, or assigns
1678 may have against such entities arising out of the facts in
1679 connection with the wrongful conviction for which compensation
1680 is being sought under the act.
1681 (6)(a) A wrongfully incarcerated person may not submit an
1682 application for compensation under this act if the person has a
1683 lawsuit pending against the state or any agency,
1684 instrumentality, or any political subdivision thereof, or any
1685 other entity subject to the provisions of s. 768.28, in state or
1686 federal court requesting compensation arising out of the facts
1687 in connection with the claimant’s conviction and incarceration.
1688 (7) Any payment made under this act does not constitute a
1689 waiver of any defense of sovereign immunity or an increase in
1690 the limits of liability on behalf of the state or any person
1691 subject to the provisions of s. 768.28 or other law.
1692 Section 52. For the purpose of incorporating the amendment
1693 made by this act to section 768.28, Florida Statutes, in a
1694 reference thereto, paragraph (h) of subsection (12) of section
1695 1002.33, Florida Statutes, is reenacted to read:
1696 1002.33 Charter schools.—
1697 (12) EMPLOYEES OF CHARTER SCHOOLS.—
1698 (h) For the purposes of tort liability, the charter school,
1699 including its governing body and employees, shall be governed by
1700 s. 768.28. This paragraph does not include any for-profit entity
1701 contracted by the charter school or its governing body.
1702 Section 53. For the purpose of incorporating the amendment
1703 made by this act to section 768.28, Florida Statutes, in a
1704 reference thereto, paragraph (b) of subsection (6) of section
1705 1002.333, Florida Statutes, is reenacted to read:
1706 1002.333 Persistently low-performing schools.—
1707 (6) STATUTORY AUTHORITY.—
1708 (b) For the purposes of tort liability, the hope operator,
1709 the school of hope, and its employees or agents shall be
1710 governed by s. 768.28. The sponsor shall not be liable for civil
1711 damages under state law for the employment actions or personal
1712 injury, property damage, or death resulting from an act or
1713 omission of a hope operator, the school of hope, or its
1714 employees or agents. This paragraph does not include any for
1715 profit entity contracted by the charter school or its governing
1716 body.
1717 Section 54. For the purpose of incorporating the amendment
1718 made by this act to section 768.28, Florida Statutes, in a
1719 reference thereto, subsection (17) of section 1002.34, Florida
1720 Statutes, is reenacted to read:
1721 1002.34 Charter technical career centers.—
1722 (17) IMMUNITY.—For the purposes of tort liability, the
1723 governing body and employees of a center are governed by s.
1724 768.28.
1725 Section 55. For the purpose of incorporating the amendment
1726 made by this act to section 768.28, Florida Statutes, in a
1727 reference thereto, paragraph (c) of subsection (3) of section
1728 1002.351, Florida Statutes, is reenacted to read:
1729 1002.351 The Florida School for Competitive Academics.—
1730 (3) BOARD OF TRUSTEES.—
1731 (c) The board of trustees is a public agency entitled to
1732 sovereign immunity pursuant to s. 768.28, and board members are
1733 public officers who bear fiduciary responsibility for the
1734 Florida School for Competitive Academics.
1735 Section 56. For the purpose of incorporating the amendment
1736 made by this act to section 768.28, Florida Statutes, in a
1737 reference thereto, subsection (2) of section 1002.37, Florida
1738 Statutes, is reenacted to read:
1739 1002.37 The Florida Virtual School.—
1740 (2) The Florida Virtual School shall be governed by a board
1741 of trustees comprised of seven members appointed by the Governor
1742 to 4-year staggered terms. The board of trustees shall be a
1743 public agency entitled to sovereign immunity pursuant to s.
1744 768.28, and board members shall be public officers who shall
1745 bear fiduciary responsibility for the Florida Virtual School.
1746 The board of trustees shall have the following powers and
1747 duties:
1748 (a)1. The board of trustees shall meet at least 4 times
1749 each year, upon the call of the chair, or at the request of a
1750 majority of the membership.
1751 2. The fiscal year for the Florida Virtual School shall be
1752 the state fiscal year as provided in s. 216.011(1)(q).
1753 (b) The board of trustees shall be responsible for the
1754 Florida Virtual School’s development of a state-of-the-art
1755 technology-based education delivery system that is cost
1756 effective, educationally sound, marketable, and capable of
1757 sustaining a self-sufficient delivery system through the Florida
1758 Education Finance Program.
1759 (c) The board of trustees shall aggressively seek avenues
1760 to generate revenue to support its future endeavors, and shall
1761 enter into agreements with distance learning providers. The
1762 board of trustees may acquire, enjoy, use, and dispose of
1763 patents, copyrights, and trademarks and any licenses and other
1764 rights or interests thereunder or therein. Ownership of all such
1765 patents, copyrights, trademarks, licenses, and rights or
1766 interests thereunder or therein shall vest in the state, with
1767 the board of trustees having full right of use and full right to
1768 retain the revenues derived therefrom. Any funds realized from
1769 patents, copyrights, trademarks, or licenses shall be considered
1770 internal funds as provided in s. 1011.07. Such funds shall be
1771 used to support the school’s marketing and research and
1772 development activities in order to improve courseware and
1773 services to its students.
1774 (d) The board of trustees shall be responsible for the
1775 administration and control of all local school funds derived
1776 from all activities or sources and shall prescribe the
1777 principles and procedures to be followed in administering these
1778 funds.
1779 (e) The Florida Virtual School may accrue supplemental
1780 revenue from supplemental support organizations, which include,
1781 but are not limited to, alumni associations, foundations,
1782 parent-teacher associations, and booster associations. The
1783 governing body of each supplemental support organization shall
1784 recommend the expenditure of moneys collected by the
1785 organization for the benefit of the school. Such expenditures
1786 shall be contingent upon the review of the executive director.
1787 The executive director may override any proposed expenditure of
1788 the organization that would violate Florida law or breach sound
1789 educational management.
1790 (f) In accordance with law and rules of the State Board of
1791 Education, the board of trustees shall administer and maintain
1792 personnel programs for all employees of the board of trustees
1793 and the Florida Virtual School. The board of trustees may adopt
1794 rules, policies, and procedures related to the appointment,
1795 employment, and removal of personnel.
1796 1. The board of trustees shall determine the compensation,
1797 including salaries and fringe benefits, and other conditions of
1798 employment for such personnel.
1799 2. The board of trustees may establish and maintain a
1800 personnel loan or exchange program by which persons employed by
1801 the board of trustees for the Florida Virtual School as academic
1802 administrative and instructional staff may be loaned to, or
1803 exchanged with persons employed in like capacities by, public
1804 agencies either within or without this state, or by private
1805 industry. With respect to public agency employees, the program
1806 authorized by this subparagraph shall be consistent with the
1807 requirements of part II of chapter 112. The salary and benefits
1808 of board of trustees personnel participating in the loan or
1809 exchange program shall be continued during the period of time
1810 they participate in a loan or exchange program, and such
1811 personnel shall be deemed to have no break in creditable or
1812 continuous service or employment during such time. The salary
1813 and benefits of persons participating in the personnel loan or
1814 exchange program who are employed by public agencies or private
1815 industry shall be paid by the originating employers of those
1816 participants, and such personnel shall be deemed to have no
1817 break in creditable or continuous service or employment during
1818 such time.
1819 3. The employment of all Florida Virtual School academic
1820 administrative and instructional personnel shall be subject to
1821 rejection for cause by the board of trustees, and shall be
1822 subject to policies of the board of trustees relative to
1823 certification, tenure, leaves of absence, sabbaticals,
1824 remuneration, and such other conditions of employment as the
1825 board of trustees deems necessary and proper, not inconsistent
1826 with law.
1827 4. Each person employed by the board of trustees in an
1828 academic administrative or instructional capacity with the
1829 Florida Virtual School shall be entitled to a contract as
1830 provided by rules of the board of trustees.
1831 5. All employees except temporary, seasonal, and student
1832 employees may be state employees for the purpose of being
1833 eligible to participate in the Florida Retirement System and
1834 receive benefits. The classification and pay plan, including
1835 terminal leave and other benefits, and any amendments thereto,
1836 shall be subject to review and approval by the Department of
1837 Management Services and the Executive Office of the Governor
1838 prior to adoption.
1839 (g) The board of trustees shall establish priorities for
1840 admission of students in accordance with paragraph (1)(b).
1841 (h) The board of trustees shall establish and distribute to
1842 all school districts and high schools in the state procedures
1843 for enrollment of students in courses offered by the Florida
1844 Virtual School.
1845 (i) The board of trustees shall establish criteria defining
1846 the elements of an approved franchise. The board of trustees may
1847 enter into franchise agreements with Florida district school
1848 boards and may establish the terms and conditions governing such
1849 agreements. The board of trustees shall establish the
1850 performance and accountability measures and report the
1851 performance of each school district franchise to the
1852 Commissioner of Education.
1853 (j) The board of trustees shall submit to the State Board
1854 of Education both forecasted and actual enrollments and credit
1855 completions for the Florida Virtual School, according to
1856 procedures established by the State Board of Education. At a
1857 minimum, such procedures must include the number of public,
1858 private, and home education students served by program and by
1859 county of residence.
1860 (k) The board of trustees shall provide for the content and
1861 custody of student and employee personnel records. Student
1862 records shall be subject to the provisions of s. 1002.22.
1863 Employee records shall be subject to the provisions of s.
1864 1012.31.
1865 (l) The financial records and accounts of the Florida
1866 Virtual School shall be maintained under the direction of the
1867 board of trustees and under rules adopted by the State Board of
1868 Education for the uniform system of financial records and
1869 accounts for the schools of the state.
1870
1871 The Governor shall designate the initial chair of the board of
1872 trustees to serve a term of 4 years. Members of the board of
1873 trustees shall serve without compensation, but may be reimbursed
1874 for per diem and travel expenses pursuant to s. 112.061. The
1875 board of trustees shall be a body corporate with all the powers
1876 of a body corporate and such authority as is needed for the
1877 proper operation and improvement of the Florida Virtual School.
1878 The board of trustees is specifically authorized to adopt rules,
1879 policies, and procedures, consistent with law and rules of the
1880 State Board of Education related to governance, personnel,
1881 budget and finance, administration, programs, curriculum and
1882 instruction, travel and purchasing, technology, students,
1883 contracts and grants, and property as necessary for optimal,
1884 efficient operation of the Florida Virtual School. Tangible
1885 personal property owned by the board of trustees shall be
1886 subject to the provisions of chapter 273.
1887 Section 57. For the purpose of incorporating the amendment
1888 made by this act to section 768.28, Florida Statutes, in a
1889 reference thereto, paragraph (l) of subsection (3) of section
1890 1002.55, Florida Statutes, is reenacted to read:
1891 1002.55 School-year prekindergarten program delivered by
1892 private prekindergarten providers.—
1893 (3) To be eligible to deliver the prekindergarten program,
1894 a private prekindergarten provider must meet each of the
1895 following requirements:
1896 (l) Notwithstanding paragraph (j), for a private
1897 prekindergarten provider that is a state agency or a subdivision
1898 thereof, as defined in s. 768.28(2), the provider must agree to
1899 notify the coalition of any additional liability coverage
1900 maintained by the provider in addition to that otherwise
1901 established under s. 768.28. The provider shall indemnify the
1902 coalition to the extent permitted by s. 768.28. Notwithstanding
1903 paragraph (j), for a child development program that is
1904 accredited by a national accrediting body and operates on a
1905 military installation that is certified by the United States
1906 Department of Defense, the provider may demonstrate liability
1907 coverage by affirming that it is subject to the Federal Tort
1908 Claims Act, 28 U.S.C. ss. 2671 et seq.
1909 Section 58. For the purpose of incorporating the amendment
1910 made by this act to section 768.28, Florida Statutes, in a
1911 reference thereto, subsection (10) of section 1002.83, Florida
1912 Statutes, is reenacted to read:
1913 1002.83 Early learning coalitions.—
1914 (10) For purposes of tort liability, each member or
1915 employee of an early learning coalition shall be governed by s.
1916 768.28.
1917 Section 59. For the purpose of incorporating the amendment
1918 made by this act to section 768.28, Florida Statutes, in a
1919 reference thereto, paragraph (p) of subsection (1) of section
1920 1002.88, Florida Statutes, is reenacted to read:
1921 1002.88 School readiness program provider standards;
1922 eligibility to deliver the school readiness program.—
1923 (1) To be eligible to deliver the school readiness program,
1924 a school readiness program provider must:
1925 (p) Notwithstanding paragraph (m), for a provider that is a
1926 state agency or a subdivision thereof, as defined in s.
1927 768.28(2), agree to notify the coalition of any additional
1928 liability coverage maintained by the provider in addition to
1929 that otherwise established under s. 768.28. The provider shall
1930 indemnify the coalition to the extent permitted by s. 768.28.
1931 Notwithstanding paragraph (m), for a child development program
1932 that is accredited by a national accrediting body and operates
1933 on a military installation that is certified by the United
1934 States Department of Defense, the provider may demonstrate
1935 liability coverage by affirming that it is subject to the
1936 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
1937 Section 60. For the purpose of incorporating the amendment
1938 made by this act to section 768.28, Florida Statutes, in a
1939 reference thereto, subsection (1) of section 1006.24, Florida
1940 Statutes, is reenacted to read:
1941 1006.24 Tort liability; liability insurance.—
1942 (1) Each district school board shall be liable for tort
1943 claims arising out of any incident or occurrence involving a
1944 school bus or other motor vehicle owned, maintained, operated,
1945 or used by the district school board to transport persons, to
1946 the same extent and in the same manner as the state or any of
1947 its agencies or subdivisions is liable for tort claims under s.
1948 768.28, except that the total liability to persons being
1949 transported for all claims or judgments of such persons arising
1950 out of the same incident or occurrence shall not exceed an
1951 amount equal to $5,000 multiplied by the rated seating capacity
1952 of the school bus or other vehicle, as determined by rules of
1953 the State Board of Education, or $100,000, whichever is greater.
1954 The provisions of s. 768.28 apply to all claims or actions
1955 brought against district school boards, as authorized in this
1956 subsection.
1957 Section 61. For the purpose of incorporating the amendment
1958 made by this act to section 768.28, Florida Statutes, in a
1959 reference thereto, paragraph (b) of subsection (2) of section
1960 1006.261, Florida Statutes, is reenacted to read:
1961 1006.261 Use of school buses for public purposes.—
1962 (2)
1963 (b) For purposes of liability for negligence, state
1964 agencies or subdivisions as defined in s. 768.28(2) shall be
1965 covered by s. 768.28. Every other corporation or organization
1966 shall provide liability insurance coverage in the minimum
1967 amounts of $100,000 on any claim or judgment and $200,000 on all
1968 claims and judgments arising from the same incident or
1969 occurrence.
1970 Section 62. This act shall take effect October 1, 2025.
