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FL S1366

FL S1366
Claims Against the Government


summary

Introduced
01/07/2026
In Committee
01/16/2026
Crossed Over
Passed
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), 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 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 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 statutory limits on the state's liability for such claims from $200,000 per person and $300,000 per incident to $350,000 per person and $500,000 per incident, while also revising the timeframes for filing claims and the conditions under which a claim is considered denied. The bill also adjusts the statute of limitations for various tort claims against the state, including medical malpractice and wrongful death actions, and makes technical changes and conforming amendments to numerous other statutes to reflect these updates, with the changes taking effect on October 1, 2026.

Committee Categories

Budget and Finance

Sponsors (2)

Other Sponsors (1)

Rules (Senate)

Last Action

Laid on Table, refer to HB 145 (on 03/10/2026)

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