SB 472 — Suits Against the Government

Florida Senate - 2024 CS for CS for SB 472 By the CommitteesCommittee on Appropriations;Governmental Oversight and Accountability;

and GovernmentalSenator OversightBrodeur and585-02597A-24 Accountability;2024472c1 A bill to be entitled An act relating to suits against the government;

and Senators Brodeur and Rouson 576-03645-24 2024472c2 A bill to be entitled An act relating to suits against the government;

47.011, F.S.;

abolishing the common-law doctrine of home venue privilege with respect to action against the state;

amending s.

specifying that the limitations in effect on the date whena thefinal claimjudgment incidentis occurredentered apply to athat settled claim;

requiring the Department of Financial Services,Services beginning on a specified date and every 5 years thereafter, to adjust the limitations ofon tort liability forevery claims,5 notyears toafter exceed a certainspecified percentagedate; for each such adjustment;

Florida Senate - 2024 CS for CS for SB 472 576-03645-24585-02597A-24 2024472c22024472c1 claimant a specific timeframe to file suit;

Section 47.011, Florida Statutes, is amended to read:

47.011 Where actions may be begun.— (1) Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.

This section shall not apply to actions against nonresidents.

(2) The common-law doctrine of home venue privilege is abolished with respect to civil actions brought against the state.

This subsection does not affect any venue provision otherwise established in law.

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Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472c1 Section 2.

risk management programs.— (5)(a) 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 Pagebefore 2judgment. of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 472 576-03645-24 2024472c2 before judgment.

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 ofPage the3 waiverof provided8 inCODING: paragraph (a) without further action by the Legislature.

2.

A subdivision of the state may agree to settle a claim made or a judgment rendered against it in excess of the waiver provided in paragraph (a) without further action by the Legislature.

However, but the state or an agency or subdivision thereof 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 Page 3 of 8 CODING:

Florida Senate - 2024 CS for CS for SB 472 576-03645-24585-02597A-24 2024472c22024472c1 of the $200,000 or $300,000 waiver provided in paragraph (a).(a) without further action by the Legislature.

2.

A subdivision of the state may agree to settle a claim made or a judgment rendered against it in excess of the waiver provided in paragraph (a) without further action by the Legislature.

95 However, but the state or an agency or subdivision thereof 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 $200,000 or $300,000 waiver provided in paragraph (a).

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 propertyPage damages4 proximately caused by the municipality’s breach of duty.8 CODING:

The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.

(e) When determining liability limits for a claim, the limitations of liability in effect on the date when the claim incident occurred apply to the settled claim.

(f) Beginning July 1, 2029, and on July 1 every 5 years thereafter, the Department of Financial Services shall adjust the limitations of liability in this subsection to reflect changes in the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Page 4 of 8 CODING:

Florida Senate - 2024 CS for CS for SB 472 576-03645-24585-02597A-24 2024472c22024472c1 Labor,property notdamages toproximately exceedcaused 3by percentthe formunicipality’s anybreach suchof adjustment.duty.

The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.

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

(f) Beginning July 1, 2029, and on July 1 every 5 years thereafter, the Department of Financial Services shall adjust the limitations of liability in this subsection to reflect changes in the Consumer Price Index for the Southeast or a successor index as calculated by the United States Department of Labor.

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Words stricken are deletions;