HB 569 — Suits Against the Government

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 A bill to be entitled An act relating to suits against the government;

specifying that the limitations in effect on the date thea claimfinal accruesjudgment is entered apply to that claim;

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

revising the statute of limitations for tort claimsPage against1of the9 stateCODING: or one of its agencies or subdivisions and exceptions thereto;

reenacting ss.

45.061, 110.504, 111.071, Page 1of 9 CODING:

hb0569-02-c2hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 125.01015,claims 163.01,against 190.043,the 213.015,state 252.51,or 252.89,one 252.944,of 260.0125,its 284.31,agencies 284.38,or 322.13,subdivisions 337.19, 341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261,exceptions F.S.,thereto; to incorporate the amendments made to s.

reenacting ss.

45.061, 110.504, 111.071, 125.01015, 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, F.S., to incorporate the amendments made to s.

This section shall not applyPage to2of actions9 againstCODING: nonresidents.

(2) The common-law doctrine of home venue privilege is abolished with respect to civil actions brought against the Page 2of 9 CODING:

hb0569-02-c2hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 state.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.

However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $400,000 orPage $600,0003of $200,0009 orCODING: $300,000, as the case may be;

and that portion of the judgment that exceeds these amounts may be reported to the Legislature, and but may be paid in part or in Page 3of 9 CODING:

hb0569-02-c2hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 wholeor only$600,000 by$200,000 furtheror act$300,000, ofas the Legislature.case may be;

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

8992 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).

(c) The limitations of liability set forth in this subsection shall apply to the state and its agencies and subdivisionsPage whether4of or9 notCODING: the state or its agencies or subdivisions possessed sovereign immunity before July 1, 1974.

(d)(b) A municipality has a duty to allow the municipal Page 4of 9 CODING:

hb0569-02-c2hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 lawsubdivisions enforcementwhether agency to respond appropriately to protect persons and property during a riot or annot unlawful assembly based on the availabilitystate ofor adequate equipment to its municipalagencies lawor enforcementsubdivisions officerspossessed andsovereign relevantimmunity statebefore andJuly federal1, laws.1974.

(d)(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.

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

(6)(a)(f) AnBeginning actionJuly may1, not2025, beand institutedevery onJuly a1 claimthereafter, against the stateDepartment or one of itsFinancial agenciesServices orshall subdivisionsadjust unless the claimantlimitations presentsof theliability claim in writingthis tosubsection the appropriate agency, and also, except as to anyreflect claimchanges againstin a municipality, county, or the FloridaConsumer SpacePrice Authority,Index presentsfor such claim in writing to the DepartmentSoutheast ofor Financiala Services,successor withinindex 18as monthscalculated 3by yearsthe afterUnited suchStates claim accrues and the Department of FinancialLabor. Services or the appropriate agency denies the claim in writing;

(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 Page 5of 9 CODING:

Words strickenare deletions;

words underlined are additions.

hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB569 2024 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 18 months 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing;

768.31, it must be so presented within 6 months after the judgment Pageagainst 5ofthe 9tortfeasor CODING: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;

Words strickenare deletions;

words underlined are additions.

hb0569-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569 2024 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;

(d) For purposes of this section, complete, accurate, and timely compliance with the requirements of paragraph (c) shall occurPage prior6of to9 settlementCODING: payment, close of discovery or commencement of trial, whichever is sooner;

provided the ability to plead setoff is not precluded by the delay.

This setoff shall apply only against that part of the settlement or judgment payable to the claimant, minus claimant's reasonable attorney's fees and costs.

Incomplete or inaccurate disclosure of unpaid adjudicated claims due the state, its agency, officer, or subdivision, may be excused by the court upon a showing by the Page 6of 9 CODING:

hb0569-02-c2hb0569-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB569CS/HB569 2024 preponderanceoccur ofprior theto evidencesettlement ofpayment, theclose claimant's lack of knowledgediscovery of an adjudicated claim and reasonable inquiry by, or oncommencement behalfof of,trial, thewhichever claimantis tosooner; obtain the information from public records.

provided the ability to plead setoff is not precluded by the delay.

This setoff shall apply only against that part of the settlement or judgment payable to the claimant, minus claimant's reasonable attorney's fees and costs.

Incomplete or inaccurate disclosure of unpaid adjudicated claims due the state, its agency, officer, or subdivision, may be excused by the court upon a showing by the preponderance of the evidence of the claimant's lack of knowledge of an adjudicated claim and reasonable inquiry by, or on behalf of, the claimant to obtain the information from public records.