Florida Senate - 2022 SB 974 By Senator Gruters 23-00780A-22 2022974__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to sovereign immunity; amending s. 2 768.28, F.S.; revising the statutory limits on 3 liability for tort claims against the state and its 4 agencies and subdivisions; revising requirements for 5 the state or an agency or a subdivision of the state 6 to agree to settle a claim or judgment; prohibiting an 7 insurance policy from conditioning the payment of 8 benefits on the enactment of a claim bill; specifying 9 that the limitations in effect on the date a final 10 judgment is entered apply to that claim; requiring the 11 Department of Financial Services to adjust the 12 limitations on tort liability every year after a 13 specified date; revising exceptions relating to 14 instituting actions on claims against the state or one 15 of its agencies and to the statute of limitations for 16 such claims; reenacting ss. 45.061, 110.504, 111.071, 17 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 18 260.0125, 284.31, 284.38, 322.13, 337.19, 341.302, 19 373.1395, 375.251, 381.0056, 393.075, 395.1055, 20 403.706, 409.993, 455.221, 455.32, 456.009, 456.076, 21 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 22 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 23 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 24 1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, 25 and 1006.261, F.S., to incorporate the amendments made 26 to s. 768.28, F.S., in references thereto; providing 27 an effective date. 28 29

Florida Senate - 2022 SB 974 23-00780A-22 2022974__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31

Section 1. Subsection (5), paragraph (

a) of subsection (6), 32 and subsection (14) of

section 768.28, Florida Statutes, are 33 amended to read: 34 768.28 Waiver of sovereign immunity in tort actions; 35 recovery limits; civil liability for damages caused during a 36 riot; limitation on attorney fees; statute of limitations; 37 exclusions; indemnification; risk management programs.— 38 (5)(

a) The state and its agencies and subdivisions shall be 39 liable for tort claims in the same manner and to the same extent 40 as a private individual under like circumstances, but liability 41 shall not include punitive damages or interest for the period 42 before judgment.

Neither the state nor its agencies or 43 subdivisions shall be liable to pay a claim or a judgment by any 44 one person which exceeds the sum of $1 million $200,000 or any 45 claim or judgment, or portions thereof, which, when totaled with 46 all other claims or judgments paid by the state or its agencies 47 or subdivisions arising out of the same incident or occurrence, 48 exceeds the sum of $300,000.

However, a judgment or judgments 49 may be claimed and rendered in excess of this amount these 50 amounts and may be settled and paid pursuant to this act up to 51 $1 million per person, $200,000 or $300,000, as the case may be; 52 and that portion of the judgment that exceeds this amount these 53 amounts may be reported to the Legislature, and but may be paid 54 in part or in whole only by further act of the Legislature. 55 (

b) Notwithstanding the limited waiver of sovereign 56 immunity provided in paragraph (

a) herein, the state or an 57 agency or subdivision thereof may agree, within the limits of 58

Florida Senate - 2022 SB 974 23-00780A-22 2022974__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. insurance coverage provided, to settle a claim made or a 59 judgment rendered against it in excess of the waiver provided in 60 paragraph (

a) without further action by the Legislature, but the 61 state or agency or subdivision thereof shall not be deemed to 62 have waived any defense of sovereign immunity or to have 63 increased the limits of its liability as a result of its 64 obtaining insurance coverage for tortious acts in excess of the 65 $200,000 or $300,000 waiver provided in paragraph (

a) above. An 66 insurance policy may not condition the payment of benefits, in 67 whole or in part, on the enactment of a claim bill. 68 (

c) The limitations of liability set forth in this 69 subsection shall apply to the state and its agencies and 70 subdivisions whether or not the state or its agencies or 71 subdivisions possessed sovereign immunity before July 1, 1974. 72 (

d) When determining liability limits for a claim, the 73 limitations of liability in effect on the date a final judgment 74 is entered shall apply to the claim. 75 (

e) Beginning July 1, 2023, and every July 1 thereafter, 76 the Department of Financial Services shall adjust the 77 limitations of liability in this subsection to reflect changes 78 in the Consumer Price Index for the Southeast or a successor 79 index as calculated by the United States Department of Labor. 80 (f)(

b) A municipality has a duty to allow the municipal law 81 enforcement agency to respond appropriately to protect persons 82 and property during a riot or an unlawful assembly based on the 83 availability of adequate equipment to its municipal law 84 enforcement officers and relevant state and federal laws. If the 85 governing body of a municipality or a person authorized by the 86 governing body of the municipality breaches that duty, the 87

Florida Senate - 2022 SB 974 23-00780A-22 2022974__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. municipality is civilly liable for any damages, including 88 damages arising from personal injury, wrongful death, or 89 property damages proximately caused by the municipality’s breach 90 of duty. The sovereign immunity recovery limits in paragraph (a) 91 do not apply to an action under this paragraph. 92 (6)(

a) An action may not be instituted on a claim against 93 the state or one of its agencies or subdivisions unless the 94 claimant presents the claim in writing to the appropriate 95 agency, and also, except as to any claim against a municipality, 96 county, or the Florida Space Authority, presents such claim in 97 writing to the Department of Financial Services, within 3 years 98 after such claim accrues and the Department of Financial 99 Services or the appropriate agency denies the claim in writing; 100 except that, if: 101 1.

Such claim is for contribution pursuant to s. 768.31, it 102 must be so presented within 6 months after the judgment against 103 the tortfeasor seeking contribution has become final by lapse of 104 time for appeal or after appellate review or, if there is no 105 such judgment, within 6 months after the tortfeasor seeking 106 contribution has either discharged the common liability by 107 payment or agreed, while the action is pending against her or 108 him, to discharge the common liability; or 109 2.

Such action is for wrongful death, the claimant must 110 present the claim in writing to the Department of Financial 111 Services within 2 years after the claim accrues; or 112 3. Such action arises from a violation of s. 794.011 113 involving a victim who was younger than the age of 16 at the 114 time of the act, the claimant may present the claim in writing 115 at any time pursuant to s. 95.11(9). 116

Florida Senate - 2022 SB 974 23-00780A-22 2022974__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions.

(14) Every claim against the state or one of its agencies 117 or subdivisions for damages for a negligent or wrongful act or 118 omission pursuant to this

section shall be forever barred unless 119 the civil action is commenced by filing a complaint in the court 120 of appropriate jurisdiction within 4 years after such claim 121 accrues; except that: 122 (

a) An action for contribution must be commenced within the 123 limitations provided in s. 768.31(4);, and 124 (

b) An action for damages arising from medical malpractice 125 or wrongful death must be commenced within the limitations for 126 such actions in s. 95.11(4); and 127 (

c) An action arising from acts constituting a violation of 128 s. 794.011 involving a victim who was younger than the age of 16 129 at the time of the act may be commenced at any time pursuant to 130 s. 95.11(9). 131

Section 2. Sections 45.061, 110.504, 111.071, 163.01, 132 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 133 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 134 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 135 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 136 589.19, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.295, 137 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 138 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, Florida 139 Statutes, are reenacted for the purpose of incorporating the 140 amendments made by this act to s. 768.28, Florida Statutes, in 141 references thereto. 142

Section 3. This act shall take effect July 1, 2022. 143