Senate Bill 604 (2023) — Sovereign immunity
SB 604
Florida Bills
Florida Senate - 2023 SB 604 By Senator Gruters 22-00536A-23 2023604__ 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.; increasing the statutory limits on 3 liability for tort claims against the state and its 4 agencies and subdivisions; prohibiting an insurance 5 policy from conditioning payment of benefits on the 6 enactment of a claim bill; specifying that the 7 limitations in effect on the date a final judgment is 8 entered apply to that claim; requiring the Department 9 of Financial Services to adjust the limitations on 10 tort liability every year after a specified date; 11 revising exceptions relating to instituting actions on 12 claims against the state or one of its agencies and to 13 the statute of limitations for such claims; reenacting 14 ss. 45.061, 110.504, 111.071, 163.01, 190.043, 15 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 16 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 17 381.0056, 393.075, 395.1055, 403.706, 409.993, 18 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 19 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 20 723.0611, 760.11, 766.1115, 766.112, 768.1355, 21 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 22 1002.333, 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, 23 and 1006.261, F.S., to incorporate the amendments made 24 to s. 768.28, F.S., in references thereto; providing 25 applicability; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29
Florida Senate - 2023 SB 604 22-00536A-23 2023604__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions.
Section 1. Subsection (5), paragraph (
a) of subsection (6), 30 and subsection (14) of
section 768.28, Florida Statutes, are 31 amended to read: 32 768.28 Waiver of sovereign immunity in tort actions; 33 recovery limits; civil liability for damages caused during a 34 riot; limitation on attorney fees; statute of limitations; 35 exclusions; indemnification; risk management programs.— 36 (5)(
a) The state and its agencies and subdivisions shall be 37 liable for tort claims in the same manner and to the same extent 38 as a private individual under like circumstances, but liability 39 shall not include punitive damages or interest for the period 40 before judgment.
Neither the state nor its agencies or 41 subdivisions shall be liable to pay a claim or a judgment by any 42 one person which exceeds the sum of $400,000 $200,000 or any 43 claim or judgment, or portions thereof, which, when totaled with 44 all other claims or judgments paid by the state or its agencies 45 or subdivisions arising out of the same incident or occurrence, 46 exceeds the sum of $600,000 $300,000.
However, a judgment or 47 judgments may be claimed and rendered in excess of these amounts 48 and may be settled and paid pursuant to this act up to $400,000 49 or $600,000 $200,000 or $300,000, as the case may be; and that 50 portion of the judgment that exceeds these amounts may be 51 reported to the Legislature, and but may be paid in part or in 52 whole only by further act of the Legislature. 53 (
b) Notwithstanding the limited waiver of sovereign 54 immunity provided in paragraph (
a) herein, the state or an 55 agency or subdivision thereof may agree, within the limits of 56 insurance coverage provided, to settle a claim made or a 57 judgment rendered against it in excess of the waiver provided in 58
Florida Senate - 2023 SB 604 22-00536A-23 2023604__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. paragraph (
a) without further action by the Legislature, but the 59 state or agency or subdivision thereof shall not be deemed to 60 have waived any defense of sovereign immunity or to have 61 increased the limits of its liability as a result of its 62 obtaining insurance coverage for tortious acts in excess of the 63 $200,000 or $300,000 waiver provided in paragraph (a). An 64 insurance policy may not condition the payment of benefits, in 65 whole or in part, on the enactment of a claim bill above. 66 (
c) The limitations of liability set forth in this 67 subsection shall apply to the state and its agencies and 68 subdivisions whether or not the state or its agencies or 69 subdivisions possessed sovereign immunity before July 1, 1974. 70 (d)(
b) A municipality has a duty to allow the municipal law 71 enforcement agency to respond appropriately to protect persons 72 and property during a riot or an unlawful assembly based on the 73 availability of adequate equipment to its municipal law 74 enforcement officers and relevant state and federal laws.
If the 75 governing body of a municipality or a person authorized by the 76 governing body of the municipality breaches that duty, the 77 municipality is civilly liable for any damages, including 78 damages arising from personal injury, wrongful death, or 79 property damages proximately caused by the municipality’s breach 80 of duty. The sovereign immunity recovery limits in paragraph (a) 81 do not apply to an action under this paragraph. 82 (
e) When determining liability limits for a claim, the 83 limitations of liability in effect on the date a final judgment 84 is entered shall apply to the claim. 85 (
f) Beginning July 1, 2024, and every July 1 thereafter, 86 the Department of Financial Services shall adjust the 87
Florida Senate - 2023 SB 604 22-00536A-23 2023604__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. limitations of liability in this subsection to reflect changes 88 in the Consumer Price Index for the Southeast or a successor 89 index as calculated by the United States Department of Labor. 90 (6)(
a) An action may not be instituted on a claim against 91 the state or one of its agencies or subdivisions unless the 92 claimant presents the claim in writing to the appropriate 93 agency, and also, except as to any claim against a municipality, 94 county, or the Florida Space Authority, presents such claim in 95 writing to the Department of Financial Services, within 3 years 96 after such claim accrues and the Department of Financial 97 Services or the appropriate agency denies the claim in writing; 98 except that, if: 99 1.
Such claim is for contribution pursuant to s. 768.31, it 100 must be so presented within 6 months after the judgment against 101 the tortfeasor seeking contribution has become final by lapse of 102 time for appeal or after appellate review or, if there is no 103 such judgment, within 6 months after the tortfeasor seeking 104 contribution has either discharged the common liability by 105 payment or agreed, while the action is pending against her or 106 him, to discharge the common liability; or 107 2.
Such action is for wrongful death, the claimant must 108 present the claim in writing to the Department of Financial 109 Services within 2 years after the claim accrues; or 110 3. Such action arises from a violation of s. 794.011 111 involving a victim who was younger than the age of 16 at the 112 time of the act, the claimant may present the claim in writing 113 at any time pursuant to s. 95.11(9). 114
(14) Every claim against the state or one of its agencies 115 or subdivisions for damages for a negligent or wrongful act or 116
Florida Senate - 2023 SB 604 22-00536A-23 2023604__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. omission pursuant to this
section shall be forever barred unless 117 the civil action is commenced by filing a complaint in the court 118 of appropriate jurisdiction within 4 years after such claim 119 accrues; except that: 120 (
a) An action for contribution must be commenced within the 121 limitations provided in s. 768.31(4);, and 122 (
b) An action for damages arising from medical malpractice 123 or wrongful death must be commenced within the limitations for 124 such actions in s. 95.11(4); and 125 (
c) An action arising from acts constituting a violation of 126 s. 794.011 involving a victim who was younger than the age of 16 127 at the time of the act may be commenced at any time pursuant to 128 s. 95.11(9). 129
Section 2. Sections 45.061, 110.504, 111.071, 163.01, 130 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 131 284.38, 322.13, 337.19, 341.302, 373.1395, 375.251, 381.0056, 132 393.075, 395.1055, 403.706, 409.993, 455.221, 455.32, 456.009, 133 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 134 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 135 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 136 1002.34, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 137 Florida Statutes, are reenacted for the purpose of incorporating 138 the amendments made by this act to s. 768.28, Florida Statutes, 139 in references thereto. 140