SB 974 — Sovereign Immunity

Florida Senate - 2022 CS for CS for SB 974 By the CommitteesCommittee on CommunityJudiciary; Affairs;

and Judiciary;Senator Gruters 590-02526-22 2022974c1 A bill to be entitled An act relating to sovereign immunity;

and Senator Gruters 578-02848-22 2022974c2 A bill to be entitled An act relating to sovereign immunity;

revisingincreasing the statutory limits on liability for tort claims against the state and its agencies and subdivisions;

specifyingrequiring thatthe onlyDepartment aof subdivisionFinancial ofServices to adjust the statelimitations mayon agreetort toliability settleevery a10 claimyears madeafter ora judgmentspecified rendereddate againstand itpublish inthe excessadjustments ofon theits limits;website;

prohibiting an insurance policy from conditioning the payment of benefits on the enactment of a claim bill;

requiring the Department of Financial Services to adjust the limitations on tort liability every year after a specified date;

requiring the department to publish the adjusted limitations on its website;

revising exceptions relating to instituting actions on claims against the state or one of its agencies and to the statute of limitations for such claims;

providing applicability;

providing applicability;

PageBe 1It Enacted by the Legislature of 6the CODING:State of Florida:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for CS for SB 974 578-02848-22 2022974c2 Be It Enacted by the Legislature of the State of Florida:

Subsection (5),(5) paragraph (a) of subsection (6), and subsection (14) of section 768.28, Florida Statutes, areis amended to read:

risk management programs.— (5)(a)Page The1 stateof and4 itsCODING: agencies and subdivisions are shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability does shall not include punitive damages or interest for the period before judgment.

Neither The state, nor its agencies, and its or subdivisions are not shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $1 million $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 $3 million $300,000.

However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this section act up to $1 million or $3 million, as applicable.

The $200,000 or $300,000, as the case may be;

and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature.

(b) Notwithstanding the limited waiver of sovereign immunity provided in paragraph (a), a herein, the state or an Page 2 of 6 CODING:

Florida Senate - 2022 CS for CS for SB 974 578-02848-22590-02526-22 2022974c22022974c1 agency(5)(a) orThe subdivision of the state thereofand mayits agree,agencies withinand thesubdivisions limitsare ofshall insurancebe coverageliable provided,for totort settleclaims a claim made or a judgment rendered against it in excess of the waiversame providedmanner inand paragraphto (a) without further action by the Legislature.,same butextent Theas statea orprivate anindividual agencyunder orlike acircumstances, subdivisionbut thereofliability maydoes shall not beinclude deemedpunitive todamages have waived any defense of sovereign immunity or tointerest have increased the limits of its liability as a result of its obtaining insurance coverage for tortious acts in excess of the $200,000period orbefore $300,000judgment. waiver provided in paragraph (a) above.

AnNeither insuranceThe policystate, maynor its agencies, and its or subdivisions are not conditionshall be liable to pay a claim or a judgment by any one person which exceeds the paymentsum of benefits,$300,000 in$200,000 wholeor any claim or injudgment, part,or onportions thereof, which, when totaled with all other claims or judgments paid by the enactmentstate or its agencies or subdivisions arising out of athe claimsame bill.incident or occurrence, exceeds the sum of $400,000 $300,000.

(c)However, Thea limitationsjudgment ofor liabilityjudgments setmay forthbe inclaimed thisand subsectionrendered shallin applyexcess toof thethese stateamounts and itsmay agenciesbe settled and subdivisionspaid whetherpursuant orto notthis thesection stateact orup itsto agencies$300,000 $200,000 or subdivisions$400,000, possessedas sovereignapplicable. immunity before July 1, 1974.

(d)The Beginning$300,000, January 1, 2023, and on January 1 every 10 years thereafter, the Department of Financial Services shall adjust the limitations of liability in this subsection, rounded to the nearest $10,000, to reflect changes in the Consumer Price Index for the Southeast or a successor index as calculated by the Unitedcase Statesmay Departmentbe; of Labor.

Afterand eachthat adjustment,portion of the departmentjudgment mustthat publishexceeds these amounts may be reported to the adjustedLegislature, liabilitybut limitationmay amountsbe onpaid itsin website.part or in whole only by further act of the Legislature.

(e)(b)(b) ANotwithstanding municipalitythe haslimited awaiver dutyof tosovereign allowimmunity under paragraph (a) provided herein, the municipalstate lawor enforcementan agency toor respondsubdivision appropriatelythereof tomay protectagree, personswithin andthe propertylimits duringof insurance coverage provided, to settle a riotclaim made or ana unlawfuljudgment assemblyrendered basedagainst onit without further action by the availabilityLegislature, but the state or agency or subdivision thereof does shall not waive be deemed to have waived any defense of adequatesovereign equipmentimmunity or increase to have increased the limits of its municipalliability lawas enforcementa officersresult andof relevantits stateobtaining andinsurance federalcoverage laws.for tortious acts in excess of the $300,000 $200,000 or $400,000 $300,000 waiver provided in paragraph (a) above.

If the governing body of a municipality or a person authorized by the Page 32 of 64 CODING:

Florida Senate - 2022 CS for CS for SB 974 578-02848-22590-02526-22 2022974c22022974c1 governing(c) bodyThe limitations of theliability municipalityset breachesforth thatin duty,this thesubsection municipalityshall isapply civillyto liablethe forstate anyand damages,its includingagencies damagesand arisingsubdivisions fromwhether personalor injury,not wrongfulthe death,state or propertyits damagesagencies proximatelyor causedsubdivisions bypossessed thesovereign municipality’simmunity breachbefore ofJuly duty.1, 1974.

(d) Beginning July 1, 2032, and on July 1 every 10 years thereafter, the Department of Financial Services shall adjust the limitations of liability in this subsection, rounded to the nearest $10,000, to reflect changes in the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Labor.

After each adjustment, the department must publish the adjusted liability limitation amounts on its website which amounts shall apply to causes of action accruing on or after the October 1 following the adjustment date.

(e)(b) A municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant state and federal laws.

If the governing body of a municipality or a person authorized by the governing body of the municipality breaches that duty, the municipality is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damages proximately caused by the municipality’s breach of duty.

(6)(a) An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing;

except that, if:

1.

Such claim is for contribution pursuant to s.

768.31, it must be so presented within 6 months after the judgment against the tortfeasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no such judgment, within 6 months after the tortfeasor seeking contribution has either discharged the common liability by payment or agreed, while the action is pending against her or him, to discharge the common liability;

or 2.