SB 1302 — Sovereign Immunity

Florida Senate - 2020 CS for SB 1302 By Senatorthe FloresCommittee 39-01004A-20on 20201302__Judiciary; A bill to be entitled An act relating to sovereign immunity;

and Senators Flores and Rodriguez 590-02419-20 20201302c1 A bill to be entitled An act relating to sovereign immunity;

providing an exception to certain liability for the state and its agencies and subdivisions;

requiringprohibiting certainan finalinsurance judgmentpolicy amountsfrom toconditioning bethe paidpayment withoutof furtherbenefits actionon by the Legislature;enactment of claim bills;

providing liability for claims arising as a result of certain acts or omissions by certain persons;

prohibiting an insurance policy from conditioning the payment of benefits on the enactment of claims bills;

conforming crosscross-references; references;

3731 Be It Enacted by the Legislature of the State of Florida:

3933 Section 1. Present subsections (1) through (20) of section 768.28, Florida Statutes, are redesignated as subsections (2) through (21), respectively, a new subsection (1) is added to that section, and present subsection (5), paragraphs (a) and (b) of present subsection (9), and paragraph (a) of present subsection (16) of that section are amended, to read:

risk management programs.— (1) This section may be cited as the “Florida Fair Claims Act.” (6)(a)(5) The(6)(5) The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment.

ExceptNeither as specified in paragraph (b), neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $1$500,000 million $300,000.

However, a judgment or judgments may be claimed and rendered in excess of this amount these amounts and may be settled and paid pursuant to this act up to $1$500,000 million $200,000 or $300,000, as the case may be;

Notwithstanding the limited waiver of sovereign immunity provided herein, the state or an agency or subdivision thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it in excess of $1$500,000 million without further action by the Legislature., but The state or agency or subdivision thereof may shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining insurance coverage for tortious acts in excess of the $1$500,000 million $200,000 or $300,000 waiver provided above.

8477 Beginning July 1, 2021, and every July 1 thereafter, the limitations of liability in this paragraphsubsection shall be adjusted to reflect changes in the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Labor.

(b) The state and its agencies and subdivisions shall be liable to pay the final judgment amount for compensatory damages for claims in which an officer, employee, or agent of the state or its subdivisions, in the scope of her or his employment or function, committed the act in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

The limits in effect on the date a final judgment is entered apply to the judgment.

The final judgment amount for compensatory damages for such claims shall be paid without further action by the Legislature.

The state or its subdivisions shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of her or his employment.employment or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

However, the state or its subdivision shall be liable for compensatory damages pursuant to paragraph (6)(b) and the employee, officer, or agent of the state or its subdivision shall be liable for all damages for any injury or damage suffered as a result of any act or omission that the person, in the scope of her or his employment or function, or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(17)(16)(a) The state and its agencies and subdivisions are authorized to be self-insured, to enter into risk management programs, or to purchase liability insurance for whatever coverage they may choose, or to have any combination thereof, in anticipation of any claim, judgment, and claim claims bill which they may be liable to pay pursuant to this section.

An insurance policy may not condition the payment of benefits, in whole or in part, on the enactment of claimsclaim bills.

This subsection does not preclude consideration by the Legislature for payment by the state of any claim claims bill involving an entity contracting with the department pursuant to this section.

537514 A governmental contractor that is also a health care provider is not required to enter into a contract under this section with respect to the health care services delivered by its employees.

583560 Nothing in this section shall be construed as a waiver of sovereign immunity.