BILL SUMMARY DETAILS

Florida League of Cities

Sovereign Immunity (Oppose) 

SB 472 (Brodeur) and CS/HB 569 (McFarland) increase the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The current statutory limits for claims are $200,000 per person and $300,000 per incident. Both bills would increase the caps to $400,000 per person and $600,000 per incident. To reflect inflation, the bills require caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. CS/HB 569 allows a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. CS/HB 569 narrows the statute of limitation on negligence claims against government entities from 4 years to 2 years. CS/HB 569 also abolishes the common law doctrine of “home venue privilege” in relation to negligence suits against the state. Both the House and Senate bills allow the limitations of liability in effect on the date a final judgment is entered to apply to the claim. Therefore, allowing claims that occurred prior to implementation of these new limits to avail themselves to the increase in caps. (Cruz)