SB 1366 — Claims Against the Government

However, an any such action against a state university board of trustees must shall be brought in the county in which that university’s main campus is located or in the county in which the cause of action accrued if the university maintains therein a substantial presence for the transaction of its customary business in that county.

(2) As used in this act, “state agencies or subdivisions” include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of the state, including state university boards of trustees;

(4) Subject to the provisions of this section, any state agency or subdivision may shall have the right to appeal any award,Page compromise,5 settlement, or determination to the court of appropriate94 jurisdiction.CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1366 595-03397-26 20261366c1 award, compromise, settlement, or determination to the court of appropriate jurisdiction.

Neither The state and nor its agencies or subdivisions are not shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $300,000$350,000 $200,000 or any claim or judgment, or portions of a claim or judgment 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 $450,000$500,000 $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 $300,000$350,000 $200,000 or $450,000.$500,000.

Pageand 6that portion of 95the CODING: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 in paragraph (a) provided herein, the state or an agency or subdivision of the state thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it without further action by the Legislature, but the state or agency or subdivision of the state may 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 Page 6 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 andtortious thatacts portionin excess of the judgment$350,000 that$200,000 exceedsor these$500,000 amounts$300,000 maywaiver be reported to the Legislature, but may be paid in partparagraph or(a) inprovided wholeabove. only by further act of the Legislature.

(b) Notwithstanding the limited waiver of sovereign immunity in paragraph (a) provided herein, the state or an agency or subdivision of the state thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it without further action by the Legislature, but the state or agency or subdivision of the state may 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 $300,000 $200,000 or $450,000 $300,000 waiver in paragraph (a) provided above.

The sovereign immunity recovery limits in paragraph (a) Pagedo 7not ofapply 95to CODING:an action under this paragraph.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 1366 10-01036B-26 20261366__ 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 the claim accrues apply to the claim.

(f) Beginning July 1, 2031, 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 South region or a successor index as calculated by the United States Department of Labor, not to exceed 3 percent for any such adjustment.

768.31, it must be so presented within 6 months after the judgmentPage against7 the tortfeasor seeking contribution has become final by lapse of time94 forCODING: appeal or after appellate review or, if there is no final 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.

The Such action arises from a violation of s.

794.011 involving a victim who was younger than 16 years of age at the Page 8 of 95 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 timejudgment against the tortfeasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no final such judgment, within 6 months after the act,tortfeasor seeking contribution has either discharged the claimantcommon mayliability presentby payment or agreed, while the claimaction inis writingpending atagainst anyher time.or him, to discharge the common liability;

or 2.

The Such action arises from a violation of s.

794.011 involving a victim who was younger than 16 years of age at the time of the act, the claimant may present the claim in writing at any time.

If therePage exists8 no prior adjudicated unpaid claim in excess of $200,94 theCODING: claimant shall so state.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1366 595-03397-26 20261366c1 there exists no prior adjudicated unpaid claim in excess of $200, the claimant shall so state.

This setoff applies shall apply only against that Pagepart 9 of 95the CODING:settlement or judgment payable to the claimant, minus claimant’s reasonable attorney attorney’s fees and costs.

Incomplete or inaccurate disclosure of unpaid adjudicated claims due the state, or, 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.

Unless the appropriate agency had actual notice of the information required to be disclosed by paragraph (c) in time to assert a setoff, an unexcused failure to disclose shall, upon hearing and order of court, cause the claimant to be liable for double the original undisclosed judgment and, upon further motion, the court shall enter judgment for the agency in that amount.

Except as provided otherwise in this subsection, the failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 4 6 months after it is filed shall be deemed a final denial of the claim for purposes of this section.

For purposes of this subsection, in medical malpractice actions and in wrongful death actions, the failure of the Department of Financial Services or the appropriate agency to Page 9 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 partmake final disposition of thea settlementclaim orwithin judgment90 payabledays toafter theit claimant,is minusfiled claimant’sshall reasonablebe attorneydeemed attorney’sa feesfinal anddenial costs.of the claim.

Incomplete or inaccurate disclosure of unpaid adjudicated claims due the state or, 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.

Unless the appropriate agency had actual notice of the information required to be disclosed by paragraph (c) in time to assert a setoff, an unexcused failure to disclose shall, upon hearing and order of court, cause the claimant to be liable for double the original undisclosed judgment and, upon further motion, the court shall enter judgment for the agency in that amount.

Except as provided otherwise in this subsection, the failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 4 months 6 months after it is filed shall be deemed a final denial of the claim for purposes of this section.

For purposes of this subsection, in medical malpractice actions and in wrongful death actions, the failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 90 days after it is filed shall be deemed a final denial of the claim.

Page768.14. 10 of 95 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 SB 1366 10-01036B-26 20261366__ 768.14.

In the enactment of a claim bill, as to payments made to the claimant in excess of the limits in paragraph (5)(a), the Legislature has the sole discretion to award an attorney fee applicable to the excess which is less than 25 percent, notwithstanding any agreement.

The Legislature may also limit payments for costs or otherwise reserve a portion of the proceeds to the claimant.

This subsection is deemed to be a part of any fee agreement.

However, the such officer, employee, or agent shall be considered an adverse witness in a tort action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of Page 1110 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 result of any act, event, or omission of action in the scope of her or his employment or function.

1006.07(7), when carrying out her or his duties as a team member Page 1211 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 1006.07(7), when carrying out her or his duties as a team member under the control, direction, and supervision of the state or any of its agencies or subdivisions.

(10)(a) Health care providers or vendors, or any of their employees or agents, that have contractually agreed to act as Page 1312 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 employees or agents, that have contractually agreed to act as agents of the Department of Corrections to provide health care services to inmates of the state correctional system shall be considered agents of the State of Florida, Department of Corrections, for the purposes of this section, while acting within the scope of and pursuant to guidelines established in their contracts said contract or by rule.

(d) For the purposes of this section, operators, dispatchers, and providers of security for rail services and rail facility maintenance providers in the South Florida Rail Corridor, or any of their employees or agents, performing such services under contract with and on behalf of the South Florida Regional Transportation Authority or the Department of Transportation shall be considered agents of the state while Page 1413 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Transportation shall be considered agents of the state while acting within the scope of and pursuant to guidelines established in their contracts said contract or by rule.

This paragraph is not applicable to a firm engaged by the Department of Transportation for the design or construction of a state roadway, bridge, or other transportation facility construction project or to its Page 1514 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 other transportation facility construction project or to its employees, agents, or subcontractors.

456.001 for which the college or university is vicariously liable, and the staff or Pageadministrators 16 of 95the CODING:medical school.

Page 15 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 administratorsb. of the medical school.

b.

This notice requirement may be Pagemet 17by ofposting 95the CODING:notice in a place conspicuous to all persons.

Page 16 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 met3. by posting the notice in a place conspicuous to all persons.

3.

490.0075, and any administrator, officer, executive director, employee, or representative of the Psychology Interjurisdictional Compact Commission, when acting Page 1817 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Psychology Interjurisdictional Compact Commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state.

(l) For purposes of this section, the individual appointed Page 1918 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (l) For purposes of this section, the individual appointed under s.

456.001(4), who has contractually agreed to act as an agent of a state university board of trustees to provide medical services to a student athlete for participation in or as a result of intercollegiate athletics, to include team practices, training, and competitions, shall be considered an agent of the respective state university board of trustees, for the purposes of this Page 2019 of 9594 CODING:

Florida Senate - 2026 SBCS 1366 10-01036B-26 20261366__ state university board of trustees, for theSB purposes1366 of595-03397-26 this20261366c1 section, while acting within the scope of and pursuant to guidelines established in that contract.

(e) Within 4 years for any other action not specified in Page 2120 of 9594 CODING:

Florida Senate - 2026 SBCS 1366 10-01036B-26 20261366__ (e) Within 4 years for anySB other1366 action595-03397-26 not20261366c1 specified in this subsection 4 years after the such claim accrues;

119.07(1) Pageand 22s. of 95 CODING:

24(a), Art.

I of the State Constitution until termination Page 21 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 of all litigation and s.settlement of all claims arising out of the same incident, although portions of the claims files may remain exempt, as otherwise provided by law.

24(a), Art.

I of the State Constitution until termination of all litigation and settlement of all claims arising out of the same incident, although portions of the claims files may remain exempt, as otherwise provided by law.

(17) This section, as amended by chapter 81-317, Laws of Page 2322 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (17) This section, as amended by chapter 81-317, Laws of Florida, shall apply only to causes of actions which accrue on or after October 1, 1981.

The restrictions of this subsection do not prohibit prevent a regional water supply authority from indemnifying and assuming the liabilities of its member governments for obligations arising from past acts or Page 2423 of 9594 CODING:

Florida Senate - 2026 SBCS 1366 10-01036B-26 20261366__ member governments for obligationsSB arising1366 from595-03397-26 past20261366c1 acts or omissions at or with property acquired from a member government by the authority and arising from the acts or omissions of the authority in performing activities contemplated by an interlocal agreement.

The authority to indemnify under this section includes, but is not limited to, the authority to pay any fine and provide legal representation Pagein 25any ofaction. 95 CODING:

Page 24 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 inSection any2. action.

Section 2.

39.8297 County funding for guardian ad litem employees.— Page(2) 26The ofagreement, 95at CODING:a minimum, must provide that:

Page 25 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (2)(b) The agreement,persons atwho aare minimum,employed mustwill providebe that:hired, supervised, managed, and terminated by the executive director of the Statewide Guardian ad Litem Office.

(b) The persons who are employed will be hired, supervised, managed, and terminated by the executive director of the Statewide Guardian ad Litem Office.

(I) Any liability, cost, and expense, including, but not limited to, the agency’s passengers and other rail corridor invitees in, on, or about the Coastal Link corridor, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part, and to whatever nature or degree, by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such freight rail operator, its successors, or its officers, agents, and employees, or any other person or Page 2726 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 its officers, agents, and employees, or any other person or persons whomsoever.

The agency may be solely responsible for any loss, injury, or damage to the agency’s passengers, or rail corridor invitees, third parties, or trespassers, regardless of Pagecircumstances 28or ofcause, 95subject CODING:to sub-subparagraph b.

and Page 27 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 circumstancessubparagraphs or3., cause,4., subjectand to5. sub-subparagraph b.

and subparagraphs 3., 4., and 5.

Pagec. 29 of 95 CODING:

The train is Brightline’s train, including an incident Page 28 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 c.with trespassers or at-grade crossings, Brightline is solely responsible for any loss, injury, or damage, except for the agency’s passengers or rail corridor invitees, which are the responsibility of the agency, and FECR’s rail corridor invitees, which are the responsibility of FECR.

The train is Brightline’s train, including an incident with trespassers or at-grade crossings, Brightline is solely responsible for any loss, injury, or damage, except for the agency’s passengers or rail corridor invitees, which are the responsibility of the agency, and FECR’s rail corridor invitees, which are the responsibility of FECR.

Any such contractual duty to protect, defend, indemnify, and hold harmless FECR or Brightline with respect to claims by rail passengers shall expressly include a specific cap on the amount of the contractual duty, which amount may not exceed $323 million per occurrence and shall be adjusted so that the per- occurrence insurance requirement is equal to the aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising Pagefrom 30a ofsingle 95accident CODING:or incident in accordance with 49 U.S.C.

Page 29 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 froms. a single accident or incident in accordance with 49 U.S.C.

s.

In addition, the contractor must agree to defend, hold harmless, and indemnify the department against any and all actions, claims, Pagedamages 31and oflosses, 95including CODING:costs and attorney’s fees.

Page 30 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 damagesSection and7. losses, including costs and attorney’s fees.

Section 7.

PageSection 329. of 95 CODING:

For the purpose of incorporating the amendment Page 31 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Sectionmade 9.by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (4) of section 110.504, Florida Statutes, is reenacted to read:

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (4) of section 110.504, Florida Statutes, is reenacted to read:

1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee, or agent has been determined in the final judgment to have caused the harm Pageintentionally. 33 of 95 CODING:

Page 32 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 intentionally.Section 11.

Section 11.

30.09, so that such bonds are in place Pagewhen 34the ofsheriff-elect 95takes CODING:office.

Page 33 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 when5. the sheriff-elect takes office.

5.

(IV) Legal representation and advice through the office of Page 3534 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (IV) Legal representation and advice through the office of the county attorney for all claims, demands, and causes of action brought against the sheriff, his or her deputies, or other personnel in their official and individual capacities, while acting in their official and individual capacities, including any required outside counsel due to conflicts of interest.

(VIII) Fleet management, including procurement of all vehicles and other mobile assets such as boats and aircraft, and Page 3635 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 vehicles and other mobile assets such as boats and aircraft, and all vehicle repair and maintenance.

After the initial period ending no earlier than September 30, 2028, an interlocal agreement may be entered into between the county and the sheriff which provides for the same or different Pagerequirements 37as ofset 95forth CODING:in this subsection.

Page 36 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 requirementsSection as12. set forth in this subsection.

Section 12.

X of the State Constitution, hereby declares that any such legal entity or any public agency of this state that participates in any electric Pageproject 38waives ofits 95sovereign CODING:immunity to:

Page 37 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 project1. waives its sovereign immunity to:

1.

The Taxpayer’s Bill of Rights compiles, in one document, brief but comprehensive statements which explain, in simple, nontechnical Page 3938 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 comprehensive statements which explain, in simple, nontechnical terms, the rights and obligations of the Department of Revenue and taxpayers.

252.51 Liability.—Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation, other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the local emergency management agency or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the Page 4039 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period.

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a Page 4140 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 made by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (2) of section 260.0125, Florida Statutes, is reenacted to read:

Unless specifically excluded by the Department of Financial Services, the Insurance Risk Management Trust Fund must provide fleet automotive Page 4241 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Risk Management Trust Fund must provide fleet automotive liability coverage to motor vehicles titled to the state, or to any department of the state, when such motor vehicles are used by community transportation coordinators performing, under contract to the appropriate department of the state, services for the transportation disadvantaged under part I of chapter 427.

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section Page322.13, 43Florida ofStatutes, 95is CODING:reenacted to read:

Page 42 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 322.13,322.13 FloridaDriver Statutes,license isexaminers.— reenacted(1) to(b) read:Those persons serving as driver license examiners are not liable for actions taken within the scope of their employment or designation, except as provided by s.

322.13 Driver license examiners.— (1) (b) Those persons serving as driver license examiners are not liable for actions taken within the scope of their employment or designation, except as provided by s.

PageSection 4423. of 95 CODING:

For the purpose of incorporating the amendment Page 43 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Sectionmade 23.by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (17) of section 341.302, Florida Statutes, is reenacted to read:

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (17) of section 341.302, Florida Statutes, is reenacted to read:

The department may assume the obligation by contract to forever protect, defend, indemnify, and hold harmless the freight rail operator, or its successors, from whom the department has acquired a real property interest in the rail corridor, and that freight rail operator’s officers, agents, and employees, from and against any liability, cost, and expense, including, but not limited to, commuter rail passengers and rail corridor invitees in the rail corridor, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part, and to whatever nature or degree, by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such Page 4544 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 negligence, misconduct, nonfeasance, or misfeasance of such freight rail operator, its successors, or its officers, agents, and employees, or any other person or persons whomsoever;

b.(I) In the event of a limited covered accident, the authority of the department to protect, defend, and indemnify the freight operator for all liability, cost, and expense, including punitive or exemplary damages, in excess of the Page 4645 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 including punitive or exemplary damages, in excess of the deductible or self-insurance retention fund established under paragraph (b) and actually in force at the time of the limited covered accident exists only if the freight operator agrees, with respect to the limited covered accident, to protect, defend, and indemnify the department for the amount of the deductible or self-insurance retention fund established under paragraph (b) and actually in force at the time of the limited covered accident.

When an incident occurs with only a freight train involved, including incidents with trespassers or at grade crossings, the freight rail operator is solely responsible for any loss, injury, or damage, except for commuter rail passengers Pageand 47rail ofcorridor 95invitees; CODING:

or Page 46 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 andb. rail corridor invitees;

or b.

Any train involved in an incident that is neither the department’s train nor the National Railroad Passenger Corporation’s train, hereinafter referred to in this subsection as an “other train,” may be treated as a department train, Page 4847 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 as an “other train,” may be treated as a department train, solely for purposes of any allocation of liability between the department and National Railroad Passenger Corporation only, but only if the department and National Railroad Passenger Corporation share responsibility equally as to third parties outside the rail corridor who incur loss, injury, or damage as a result of any incident involving both a department train and a National Railroad Passenger Corporation train, and the allocation as between the department and National Railroad Passenger Corporation, regardless of whether the other train is treated as a department train, shall remain one-half each as to third parties outside the rail corridor who incur loss, injury, or damage as a result of the incident.

or (II) If only a department train and a National Railroad Passenger Corporation train, or only an other train as described Page 4948 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Passenger Corporation train, or only an other train as described in sub-subparagraph 4.b.

or (II) If a department train, a National Railroad Passenger Page 5049 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (II) If a department train, a National Railroad Passenger Corporation train, and any other train are involved in an incident, the allocation of liability between the department and National Railroad Passenger Corporation, regardless of whether the other train is treated as a department train, shall remain one-half each as to third parties outside the rail corridor who incur loss, injury, or damage as a result of the incident;

No such contractual duty shall in any case be effective nor otherwise extend the department’s liability in scope and effect beyond the contractual liability insurance and self- Page 5150 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 effect beyond the contractual liability insurance and self- insurance retention fund required pursuant to this paragraph;

Such insurance and self-insurance retention fund may provide coverage for all damages, including, but not limited to, compensatory, special, and exemplary, and be maintained to provide an adequate fund to cover claims and liabilities for loss, injury, or damage arising out of or connected with the ownership, operation, maintenance, Pageand 52management of 95a CODING:rail corridor.

Page 51 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 and(c) managementIncur expenses for the purchase of aadvertisements, railmarketing, corridor.and promotional items.

(c) Incur expenses for the purchase of advertisements, marketing, and promotional items.

Notwithstanding any law to the contrary, procurement for the construction, operation, maintenance, and management of any rail corridor described in this subsection, whether by the department, a governmental entity under contract with the department, or a governmental Pageentity 53designated ofby 95the CODING:department, shall be pursuant to s.

Page 52 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 entity287.057 designatedand byshall theinclude, department,but shallnot be pursuantlimited toto, s.criteria for the consideration of qualifications, technical aspects of the proposal, and price.

287.057 and shall include, but not be limited to, criteria for the consideration of qualifications, technical aspects of the proposal, and price.

(II) Any loss, injury, or damage incurred by other rail corridor invitees up to the amount of the self-insurance Page 5453 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 corridor invitees up to the amount of the self-insurance retention amount with respect to limited covered accidents caused by the agency.

b.(I) In the event of a limited covered accident caused by FECR, the authority of an agency to protect, defend, and Page 5554 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 FECR, the authority of an agency to protect, defend, and indemnify FECR for all liability, cost, and expense, including punitive or exemplary damages, in excess of the self-insurance retention amount exists only if FECR agrees, with respect to such limited covered accident caused by FECR, to protect, defend, and indemnify the agency for the amount of the self- insurance retention amount.

The train is Brightline’s train, including an incident with trespassers or at-grade crossings, Brightline is solely responsible for any loss, injury, or damage, except for the agency’s passengers or rail corridor invitees, which are the Page 5655 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 agency’s passengers or rail corridor invitees, which are the responsibility of the agency, and FECR’s rail corridor invitees, which are the responsibility of FECR.

Page6. 57 of 95 CODING:

Notwithstanding any provision of this section to the Page 56 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 6.contrary, the liabilities of the agency to the state or any other agency shall be as set forth in an agreement among such entities and limited by s.

Notwithstanding any provision of this section to the contrary, the liabilities of the agency to the state or any other agency shall be as set forth in an agreement among such entities and limited by s.

Any self-insured retention account shall be a segregated account of the agency and shall be subject to the same conditions, restrictions, exclusions, obligations, and duties included in any and all of the policies of liability insurance Page 5857 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 included in any and all of the policies of liability insurance purchased under this paragraph.

373.1395 Limitation on liability of water management district with respect to areas made available to the public for recreational purposes without charge.— Page 5958 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 recreational purposes without charge.— (6) This section does not relieve any water management district of any liability that would otherwise exist for gross negligence or a deliberate, willful, or malicious injury to a person or property.

Does not incur any duty of care toward a person who goes Pageon 60the ofarea 95that CODING:is subject to the agreement;

or Page 59 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 on3. the area that is subject to the agreement;

or 3.

The Legislature intends that insurance be purchased by entities, or by partnerships on behalf of the entity, to cover all liability claims, and under no circumstances shall the state or the department be responsible for payment of any claims or defense costs for claims brought against the entity or its subcontractor Pagefor 61services ofperformed 95under CODING:the contract with the department.

Page 60 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 forThis servicessubsection performeddoes undernot preclude consideration by the contractLegislature for payment by the state of any claims bill involving an entity contracting with the department.department pursuant to this section.

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

395.1055 Rules and enforcement.— Page 6261 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 395.1055 Rules and enforcement.— (10) The agency shall establish a pediatric cardiac technical advisory panel, pursuant to s.

public records exemption.— (15) Page 6362 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (15) (b) This subsection may not be construed as designating or not designating that a person who owns or operates a family foster home as described in this subsection or any other person is an employee or agent of the state.

As such, insurance needs to be available and remain available to nongovernmental foster care and related services providers without the resources of such providers being significantly Pagereduced 64by the cost of 95maintaining CODING:such insurance.

Page 63 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 reduced(b) The Legislature further finds that, by requiring the costfollowing minimum levels of maintaininginsurance, suchchildren insurance.in outsourced foster care and related services will gain increased protection and rights of recovery in the event of injury than currently provided in s.

(b) The Legislature further finds that, by requiring the following minimum levels of insurance, children in outsourced foster care and related services will gain increased protection and rights of recovery in the event of injury than currently provided in s.

The nonowned automobile coverage for the lead agency applies as excess Page 6564 of 9594 CODING:

Florida Senate - 2026 SBCS 1366 10-01036B-26 20261366__ automobile coverage for theSB lead1366 agency595-03397-26 applies20261366c1 as excess coverage over any other collectible insurance.

The subcontractor of a lead agency must also require that staff who transport client Page 6665 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 lead agency must also require that staff who transport client children and families in their personal automobiles in order to carry out their job responsibilities obtain minimum bodily injury liability insurance in the amount of $100,000 per person in any one automobile accident, and subject to such limits for each person, $300,000 for all damages resulting from any one automobile accident, on their personal automobiles.

In a tort action brought against such subcontractor, noneconomic Pagedamages 67shall ofbe 95limited CODING:to $400,000 per claim.

A claims bill Page 66 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 damagesmay shall be limitedbrought toon $400,000behalf perof claim.a claimant pursuant to s.

A claims bill may be brought on behalf of a claimant pursuant to s.

455.32 Management Privatization Act.— Page 6867 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 455.32 Management Privatization Act.— (5) Any such corporation may hire staff as necessary to carry out its functions.

456.076 Impaired practitioner programs.— (15)(a) A consultant retained pursuant to this section and a consultant’s directors, officers, employees, or agents shall Pagebe 69considered agents of 95the CODING:department for purposes of s.

768.28 Page 68 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 bewhile consideredacting agentswithin the scope of the departmentconsultant’s forduties purposesunder ofthe s.contract with the department.

768.28 while acting within the scope of the consultant’s duties under the contract with the department.

(c) Receive, hold, and administer property and make only prudent expenditures directly related to the responsibilities of the board, and in accordance with the contract required by this Pagesection. 70 of 95 CODING:

Page 69 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 section.(d) Be approved by the board, and the department, to operate for the benefit of the board and in the best interest of the state.

(d) Be approved by the board, and the department, to operate for the benefit of the board and in the best interest of the state.

Submission by the management corporation of an annual budget that complies with board rules for approval by the board Pageand 71the ofdepartment. 95 CODING:

Page 70 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 and2. the department.

2.

The management Pagecorporation 72must provide proof of 95insurance CODING:to the department.

Page 71 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 corporationThe mustdepartment provideand proofits employees and the state are exempt from and are not liable for any sum of insurancemoney towhich represents a deductible, which sums shall be the department.sole responsibility of the management corporation.

The department and its employees and the state are exempt from and are not liable for any sum of money which represents a deductible, which sums shall be the sole responsibility of the management corporation.

(l) Provide for persons not employed by the corporation who are charged with the responsibility of receiving and depositing fee and fine revenues to have a faithful performance bond in such an amount and according to such terms as shall be Page 7372 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 such an amount and according to such terms as shall be determined in the contract.

The board shall periodically review and evaluate the Pageservices 74provided ofby 95its CODING:board counsel.

Fees and costs of such Page 73 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 servicescounsel providedshall bybe itspaid boardfrom counsel.the General Inspection Trust Fund, subject to ss.

Fees and costs of such counsel shall be paid from the General Inspection Trust Fund, subject to ss.

refusal of service.— (2) The operator of a recreational vehicle park may request Page 7574 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (2) The operator of a recreational vehicle park may request that a transient guest or visitor who violates subsection (1) leave the premises immediately.

The physician shall be considered an agent of the commission in determining the state insurance coverage and sovereign immunity Page 7675 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 determining the state insurance coverage and sovereign immunity protection applicability of ss.

Relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or Pageproperty. 77 of 95 CODING:

Page 76 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 property.b.

b.

PageSection 7849. of 95 CODING:

For the purpose of incorporating the amendment Page 77 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 Sectionmade 49.by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (5) of section 760.11, Florida Statutes, is reenacted to read:

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (5) of section 760.11, Florida Statutes, is reenacted to read:

A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause Pageby 79the ofcommission. 95 CODING:

The commencement of such action shall divest Page 78 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 bythe commission of jurisdiction of the commission.complaint, except that the commission may intervene in the civil action as a matter of right.

The commencement of such action shall divest the commission of jurisdiction of the complaint, except that the commission may intervene in the civil action as a matter of right.

The Pagecontract 80must ofprovide 95that: CODING:

Page 79 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (a) The right of dismissal or termination of any health care provider delivering services under the contract mustis provideretained that:by the governmental contractor.

(a) The right of dismissal or termination of any health care provider delivering services under the contract is retained by the governmental contractor.

(e) If emergency care is required, the patient need not be Page 8180 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 (e) If emergency care is required, the patient need not be referred before receiving treatment, but must be referred within 48 hours after treatment is commenced or within 48 hours after the patient has the mental capacity to consent to treatment, whichever occurs later.

768.81 is attributed to a board of trustees of a state university, the court shall enter judgment against the board of trustees on the basis of the board’s percentage of fault and not Page 8281 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 trustees on the basis of the board’s percentage of fault and not on the basis of the doctrine of joint and several liability.

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a Page 8382 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 made by this act to section 768.28, Florida Statutes, in a reference thereto, subsection (4) of section 768.295, Florida Statutes, is reenacted to read:

946.5026 Sovereign immunity in tort actions.—The provisions Page 8483 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 946.5026 Sovereign immunity in tort actions.—The provisions of s.

alternative sanctions.— Page 8584 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 sanctions.— (3) ALTERNATIVE SANCTIONS.—Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the circuit alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to 50 hours of community service or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction.

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, paragraph (b) of subsection (6) of section Page1002.333, 86Florida ofStatutes, 95is CODING:reenacted to read:

Page 85 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 1002.333,1002.333 FloridaPersistently Statutes,low-performing isschools.— reenacted(6) toSTATUTORY read:AUTHORITY.— (b) For the purposes of tort liability, the hope operator, the school of hope, and its employees or agents shall be governed by s.

1002.333 Persistently low-performing schools.— (6) STATUTORY AUTHORITY.— (b) For the purposes of tort liability, the hope operator, the school of hope, and its employees or agents shall be governed by s.

768.28, and board members shall be public officers who shall Page 8786 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 768.28, and board members shall be public officers who shall bear fiduciary responsibility for the Florida Virtual School.

Such funds shall be used to support the school’s marketing and research and development activities in order to improve courseware and Pageservices 88to ofits 95students. CODING:

Page 87 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 services(d) The board of trustees shall be responsible for the administration and control of all local school funds derived from all activities or sources and shall prescribe the principles and procedures to itsbe students.followed in administering these funds.

(d) The board of trustees shall be responsible for the administration and control of all local school funds derived from all activities or sources and shall prescribe the principles and procedures to be followed in administering these funds.

The board of trustees may establish and maintain a personnel loan or exchange program by which persons employed by the board of trustees for the Florida Virtual School as academic administrative and instructional staff may be loaned to, or Page 8988 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 administrative and instructional staff may be loaned to, or exchanged with persons employed in like capacities by, public agencies either within or without this state, or by private industry.

Page5. 90 of 95 CODING:

All employees except temporary, seasonal, and student Page 89 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 5.employees may be state employees for the purpose of being eligible to participate in the Florida Retirement System and receive benefits.

All employees except temporary, seasonal, and student employees may be state employees for the purpose of being eligible to participate in the Florida Retirement System and receive benefits.

(k) The board of trustees shall provide for the content and Page 9190 of 9594 CODING:

Florida Senate - 2026 SBCS 1366 10-01036B-26 20261366__ (k) The board of trustees shall provide for theSB content1366 and595-03397-26 20261366c1 custody of student and employee personnel records.

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a reference thereto, paragraph (l) of subsection (3) of section Page 9291 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 reference thereto, paragraph (l) of subsection (3) of section 1002.55, Florida Statutes, is reenacted to read:

For the purpose of incorporating the amendment made by this act to section 768.28, Florida Statutes, in a Page 9392 of 9594 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 made by this act to section 768.28, Florida Statutes, in a reference thereto, paragraph (p) of subsection (1) of section 1002.88, Florida Statutes, is reenacted to read:

liability insurance.— (1) Each district school board shall be liable for tort claims arising out of any incident or occurrence involving a school bus or other motor vehicle owned, maintained, operated, or used by the district school board to transport persons, to the same extent and in the same manner as the state or any of Pageits 94agencies ofor 95subdivisions CODING:is liable for tort claims under s.

Page 93 of 94 CODING:

Florida Senate - 2026 CS for SB 1366 10-01036B-26595-03397-26 20261366__20261366c1 its768.28, agenciesexcept orthat subdivisionsthe istotal liableliability to persons being transported for tortall claims underor s.judgments of such persons arising out of the same incident or occurrence shall not exceed an amount equal to $5,000 multiplied by the rated seating capacity of the school bus or other vehicle, as determined by rules of the State Board of Education, or $100,000, whichever is greater.

768.28, except that the total liability to persons being transported for all claims or judgments of such persons arising out of the same incident or occurrence shall not exceed an amount equal to $5,000 multiplied by the rated seating capacity of the school bus or other vehicle, as determined by rules of the State Board of Education, or $100,000, whichever is greater.

Page 9594 of 9594 CODING: