summary
Introduced
11/15/2023
11/15/2023
In Committee
11/28/2023
11/28/2023
Crossed Over
Passed
Dead
03/08/2024
03/08/2024
Introduced Session
Potential new amendment
2024 Regular Session
Bill Summary
An act relating to suits against the government; amending s. 768.28, F.S.; increasing the statutory limits on liability for tort claims against the state and its agencies and subdivisions; prohibiting insurance policies from placing conditions for payment upon the enactment of a claim bill; authorizing a subdivision of the state to settle a claim in excess of the statutory limit without further action by the Legislature regardless of insurance coverage limits; prohibiting a party from lobbying against any agreed upon settlement brought to the Legislature as a claim bill; specifying that the limitations in effect on the date when the claim incident occurred apply to a claim; requiring the Department of Financial Services, beginning on a specified date and every 5 years thereafter, to adjust the limitations of liability for claims, not to exceed a certain percentage for each such adjustment; revising the period within which certain claims must be presented to certain entities; revising exceptions relating to instituting actions on tort claims against the state or one of its agencies or subdivisions; revising the period after which the failure of certain entities to make final disposition of a claim shall be deemed a final denial of the claim for certain purposes; revising the statute of limitations for tort claims against the state or one of its agencies or subdivisions and exceptions thereto; providing a claimant a specific timeframe to file suit; 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. 768.28, F.S., in references thereto; providing applicability; providing an effective date.
AI Summary
This bill amends Florida's law on suits against the government (s. 768.28, F.S.) in several ways: It increases the statutory limits on liability for tort claims against the state and its agencies and subdivisions, from $200,000 to $300,000 for individual claims and from $300,000 to $500,000 for total claims arising from the same incident. It prohibits insurance policies from conditioning payment on the enactment of a claim bill, and allows state agencies and subdivisions to settle claims above the statutory limits without further legislative action. The bill also revises the timeframes for presenting claims, filing lawsuits, and the statute of limitations. Additionally, it requires the Department of Financial Services to periodically adjust the liability limits based on inflation. The bill applies to claims accruing on or after October 1, 2024.
Committee Categories
Budget and Finance
Sponsors (2)
Other Sponsors (3)
Appropriations (Senate), Governmental Oversight and Accountability (Senate), Rules (Senate)
Last Action
Died on Calendar (on 03/08/2024)
Official Document
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