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Bill > H0145


FL H0145

FL H0145
Claims Against the Government


summary

Introduced
10/10/2025
In Committee
01/16/2026
Crossed Over
03/10/2026
Passed
03/12/2026
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to claims against the government; amending s. 768.28, F.S.; increasing the statutory limits on the liability of the state and its agencies and subdivisions for tort claims; 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 a 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; deleting obsolete language; making technical changes; providing applicability; amending ss. 29.0081, 39.8297, 343.811, and 944.713, F.S.; conforming cross references; conforming provisions to changes made by the act; reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4), 111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and (15)(k), 190.043, 213.015(13), 252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b), 337.19(1), 341.302(17), 343.811(3), 351.03(4)(c), 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 394.9085(7), 395.1055(10)(g), 403.706(17)(c), 409.175(15)(b), 409.993(1), (2)(a), and (3)(a), hb145 -01-erHB 145,2026 Legislature 420.504(8), 455.221(3), 455.32(5), 456.009(3), 456.076(15)(a), 471.038(3), 472.006(11)(b), 497.167(7), 513.118(2), 548.046(1), 556.106(8), 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c), 760.11(5), 766.1115(4), 766.112(2), 768.1355(3), 768.1382(7), 768.295(4), 946.5026, 946.514(3), 961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b), 1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S., relating to offers of settlement; limitations other than for the recovery of real property; volunteer benefits; payment of judgments or settlements against certain public officers or employees; office of the sheriff; the Florida Interlocal Cooperation Act of 1969; suits against community development districts; taxpayer rights; liability; tort liability; tort liability; limitation on liability of private landowners whose property is designated as part of the statewide system of greenways and trails; scope and types of coverages; effect of waiver of sovereign immunity; driver license examiners; suits by and against the Department of Transportation; rail program; power to assume indemnification and insurance obligations; railroad-highway grade-crossing warning signs and signals; limitation on liability of a water hb145 -01-erHB 145,2026 Legislature management district with respect to areas made available to the public for recreational purposes without charge; limitation on liability of persons making available to the public certain areas for recreational purposes without charge; school health services program; general liability coverage; behavioral provider liability; rules and enforcement; local government solid waste responsibilities; licensure of family foster homes, residential child- caring agencies, and child-placing agencies; lead agencies and subcontractor liability; the Florida Housing Finance Corporation; legal and investigative services; the Management Privatization Act; legal and investigative services; impaired practitioner programs; the Florida Engineers Management Corporation; the Department of Agriculture and Consumer Services; administrative matters; conduct on premises and refusal of service; physician's attendance at match; liability of the member operator, excavator, and system; creation of certain state forests, naming of certain state forests, and the Operation Outdoor Freedom Program; official law enforcement vehicles and motor vehicle insurance requirements; the Florida Mobile Home Relocation Corporation; administrative and civil remedies and hb145 -01-erHB 145,2026 Legislature construction; health care providers and creation of agency relationship with governmental contractors; comparative fault; the Florida Volunteer Protection Act; streetlights, security lights, and other similar illumination and limitation on liability; Strategic Lawsuits Against Public Participation (SLAPP) prohibited; sovereign immunity in tort actions; liability of corporation for inmate injuries; compensation for wrongful incarceration; punishment for contempt of court and alternative sanctions; charter schools; persistently low-performing schools; charter technical career centers; the Florida Virtual School; school-year prekindergarten program delivered by private prekindergarten providers; early learning coalitions; school readiness program provider standards and eligibility to deliver the school readiness program; tort liability and liability insurance; and use of school buses for public purposes, respectively, to incorporate changes made to s. 768.28, F.S., in references thereto; providing an effective date.

AI Summary

This bill amends Florida Statute 768.28, which governs claims against the state and its agencies or subdivisions for torts (civil wrongs). Key provisions include increasing the maximum liability for tort claims against the state from $200,000 per person and $300,000 per incident to $350,000 per person and $500,000 per incident, and extending the time to file a claim from three years to 18 months, with specific exceptions for certain claims like those involving victims under 16 years old. The bill also revises the statute of limitations for filing tort claims, generally setting a 2-year limit for negligence claims and a 4-year limit for other actions, while also clarifying that certain contractual agreements between government entities cannot waive sovereign immunity or increase liability limits. Additionally, the bill makes conforming changes to numerous other statutes to align with these amendments, ensuring that references to the liability limits and procedures in section 768.28 are updated accordingly.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Ordered engrossed, then enrolled (on 03/12/2026)

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