Florida League of Cities

Sovereign Immunity (Oppose) – Failed

CS/CS/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/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. CS/CS/CS/SB 472 was amended to require this adjustment to reflect the CPI to occur on July 1, 2029, and to occur every five years thereafter so long as the adjustment does not exceed 3%. 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/CS/CS/SB 472 was further amended in its last committee stop, lowering the proposed increase of the sovereign immunity caps to $300,000 per person and $500,000 per incident. (Cruz)