BILL SUMMARY DETAILS

Florida League of Cities

Sovereign Immunity (Oppose) 

CS/SB 472 (Brodeur) and CS/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. CS/HB 569 initially required caps to be adjusted annually on July 1 to reflect changes in the regional Consumer Price Index, but this was removed from CS/CS/HB 569 in committee, while CS/SB 472 was amended to require this adjustment to occur on July 1, 2029, and to occur every five years thereafter. The bills prohibit an insurance policy from conditioning the payout of a claim on the passage of a claims bill. Both bills allow a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill. The bills narrow the statute of limitation on negligence claims against government entities from four years to two years. CS/SB 472 was amended to mirror the provision in CS/CS/HB 569 that lowers the required pre-suit notice from three years to 18 months. Both bills also abolish the common law doctrine of “home venue privilege” in relation to negligence suits against the state. The Senate bill allows 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. On the other hand, the House bill was amended to apply the increased caps to apply to accidents that occur after the effective date of the bill, October 1, 2024. (Cruz)