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--- version:S 1366 Filed+++ version:(document, no version)@@ -1,2755 +1,199 @@- Florida Senate - 2026 SB 1366+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366- By Senator Brodeur+Ì491330pÎ491330- 10-01036B-26 20261366__- 1 A bill to be entitled- 2 An act relating to claims against the government;- 3 amending s. 768.28, F.S.; increasing the statutory- 4 limits on the liability of the state and its agencies- 5 and subdivisions for tort claims; specifying that the- 6 limitations in effect on the date the claim accrues- 7 apply to that claim; requiring the Department of- 8 Financial Services, beginning on a specified date and- 9 every 5 years thereafter, to adjust the limitations of- 10 liability for claims; prohibiting such adjustment from- 11 exceeding a specified percentage for each adjustment;- 12 revising the period within which certain claims must- 13 be presented to certain entities; revising exceptions- 14 relating to instituting actions on tort claims against- 15 the state or one of its agencies or subdivisions;- 16 revising the period after which the failure of certain- 17 entities to make final disposition of a claim shall be- 18 deemed a final denial of the claim for certain- 19 purposes; limiting attorney fees based on the amount- 20 of funds recovered; authorizing the Legislature to- 21 limit attorney fee awards in a claim bill or reserve- 22 any portion of the proceeds of a claim bill to the- 23 claimant; revising the statute of limitations for tort- 24 claims against the state or one of its agencies or- 25 subdivisions and exceptions thereto; deleting obsolete- 26 language; making technical changes; providing- 27 applicability; amending ss. 29.0081, 39.8297, 343.811,- 28 and 944.713, F.S.; conforming cross references;- 29 conforming provisions to changes made by the act;- 30 reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4),- 31 111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and- 32 (15)(k), 190.043, 213.015(13), 252.51, 252.89,- 33 252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b),- 34 337.19(1), 341.302(17), 343.811(3), 351.03(4)(c),- 35 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),- 36 394.9085(7), 395.1055(10)(g), 403.706(17)(c),- 37 409.175(15)(b), 409.993(1), (2)(a), and (3)(a),- 38 420.504(8), 455.221(3), 455.32(5), 456.009(3),- 39 456.076(15)(a), 471.038(3), 472.006(11)(b),- 40 497.167(7), 513.118(2), 548.046(1), 556.106(8),- 41 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c),- 42 760.11(5), 766.1115(4), 766.112(2), 768.1355(3),- 43 768.1382(7), 768.295(4), 946.5026, 946.514(3),- 44 961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b),- 45 1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10),- 46 1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S.,- 47 relating to offers of settlement; limitations other- 48 than for the recovery of real property; volunteer- 49 benefits; payment of judgments or settlements against- 50 certain public officers or employees; office of the- 51 sheriff; the Florida Interlocal Cooperation Act of- 52 1969; suits against community development districts;- 53 taxpayer rights; liability; tort liability; tort- 54 liability; limitation on liability of private- 55 landowners whose property is designated as part of the- 56 statewide system of greenways and trails; scope and- 57 types of coverages; effect of waiver of sovereign- 58 immunity; driver license examiners; suits by and- 59 against the Department of Transportation; rail- 60 program; power to assume indemnification and insurance- 61 obligations; railroad-highway grade-crossing warning- 62 signs and signals; limitation on liability of a water- 63 management district with respect to areas made- 64 available to the public for recreational purposes- 65 without charge; limitation on liability of persons- 66 making available to the public certain areas for- 67 recreational purposes without charge; school health- 68 services program; general liability coverage;- 69 behavioral provider liability; rules and enforcement;- 70 local government solid waste responsibilities;- 71 licensure of family foster homes, residential child- 72 caring agencies, and child-placing agencies; lead- 73 agencies and subcontractor liability; the Florida- 74 Housing Finance Corporation; legal and investigative- 75 services; the Management Privatization Act; legal and- 76 investigative services; impaired practitioner- 77 programs; the Florida Engineers Management- 78 Corporation; the Department of Agriculture and- 79 Consumer Services; administrative matters; conduct on- 80 premises and refusal of service; physician’s- 81 attendance at match; liability of the member operator,- 82 excavator, and system; creation of certain state- 83 forests, naming of certain state forests, and the- 84 Operation Outdoor Freedom Program; official law- 85 enforcement vehicles and motor vehicle insurance- 86 requirements; the Florida Mobile Home Relocation- 87 Corporation; administrative and civil remedies and- 88 construction; health care providers and creation of- 89 agency relationship with governmental contractors;- 90 comparative fault; the Florida Volunteer Protection- 91 Act; streetlights, security lights, and other similar- 92 illumination and limitation on liability; Strategic- 93 Lawsuits Against Public Participation (SLAPP)- 94 prohibited; sovereign immunity in tort actions;- 95 liability of corporation for inmate injuries;- 96 compensation for wrongful incarceration; punishment- 97 for contempt of court and alternative sanctions;- 98 charter schools; persistently low-performing schools;- 99 charter technical career centers; the Florida Virtual- 100 School; school-year prekindergarten program delivered- 101 by private prekindergarten providers; early learning- 102 coalitions; school readiness program provider- 103 standards and eligibility to deliver the school- 104 readiness program; tort liability and liability- 105 insurance; and use of school buses for public- 106 purposes, respectively, to incorporate changes made to- 107 s. 768.28, F.S., in references thereto; providing an- 108 effective date.- 109- 110 Be It Enacted by the Legislature of the State of Florida:- 111- 112 Section 1. Section 768.28, Florida Statutes, is amended to- 113 read:- 114 768.28 Waiver of sovereign immunity in tort actions;- 115 recovery limits; civil liability for damages caused during a- 116 riot; limitation on attorney fees; statute of limitations;- 117 exclusions; indemnification; risk management programs.—- 118 (1) In accordance with s. 13, Art. X of the State- 119 Constitution, the state, for itself and for its agencies or- 120 subdivisions, hereby waives sovereign immunity for liability for- 121 torts, but only to the extent specified in this section act.- 122 Actions at law against the state or any of its agencies or- 123 subdivisions to recover damages in tort for money damages- 124 against the state or its agencies or subdivisions for injury or- 125 loss of property, personal injury, or death caused by the- 126 negligent or wrongful act or omission of any employee of the- 127 agency or subdivision while acting within the scope of the- 128 employee’s office or employment under circumstances in which the- 129 state or such agency or subdivision, if a private person, would- 130 be liable to the claimant, in accordance with the general laws- 131 of this state, may be prosecuted subject to the limitations- 132 specified in this section act. Any authorized such action may be- 133 brought in the county where the property in litigation is- 134 located or, if the affected agency or subdivision has an office- 135 in the such county for the transaction of its customary- 136 business, where the cause of action accrued. However, an any- 137 such action against a state university board of trustees must- 138 shall be brought in the county in which that university’s main- 139 campus is located or in the county in which the cause of action- 140 accrued if the university maintains therein a substantial- 141 presence for the transaction of its customary business in that- 142 county.- 143 (2) As used in this act, “state agencies or subdivisions”- 144 include the executive departments, the Legislature, the judicial- 145 branch (including public defenders), and the independent- 146 establishments of the state, including state university boards- 147 of trustees; counties and municipalities; and corporations- 148 primarily acting as instrumentalities or agencies of the state,- 149 counties, or municipalities, including the Florida Space- 150 Authority.- 151 (3) Except for a municipality and the Florida Space- 152 Authority, the affected agency or subdivision may, at its- 153 discretion, request the assistance of the Department of- 154 Financial Services in the consideration, adjustment, and- 155 settlement of any claim under this section act.- 156 (4) Subject to the provisions of this section, any state- 157 agency or subdivision may shall have the right to appeal any- 158 award, compromise, settlement, or determination to the court of- 159 appropriate jurisdiction.- 160 (5)(a) The state and its agencies and subdivisions are- 161 shall be liable for tort claims in the same manner and to the- 162 same extent as a private individual under like circumstances,- 163 but liability may shall not include punitive damages or interest- 164 for the period before judgment. Neither The state and nor its- 165 agencies or subdivisions are not shall be liable to pay a claim- 166 or a judgment by any one person which exceeds the sum of- 167 $300,000 $200,000 or any claim or judgment, or portions of a- 168 claim or judgment thereof, which, when totaled with all other- 169 claims or judgments paid by the state or its agencies or- 170 subdivisions arising out of the same incident or occurrence,- 171 exceeds the sum of $450,000 $300,000. However, a judgment or- 172 judgments may be claimed and rendered in excess of these amounts- 173 and may be settled and paid pursuant to this section act up to- 174 $300,000 $200,000 or $450,000. Any $300,000, as the case may be;- 175 and that portion of the judgment that exceeds these amounts may- 176 be reported to the Legislature, but may be paid in part or in- 177 whole only by further act of the Legislature.- 178 (b) Notwithstanding the limited waiver of sovereign- 179 immunity in paragraph (a) provided herein, the state or an- 180 agency or subdivision of the state thereof may agree, within the- 181 limits of insurance coverage provided, to settle a claim made or- 182 a judgment rendered against it without further action by the- 183 Legislature, but the state or agency or subdivision of the state- 184 may thereof shall not be deemed to have waived any defense of- 185 sovereign immunity or to have increased the limits of its- 186 liability as a result of its obtaining insurance coverage for- 187 tortious acts in excess of the $300,000 $200,000 or $450,000- 188 $300,000 waiver in paragraph (a) provided above.- 189 (c) The limitations of liability set forth in this- 190 subsection shall apply to the state and its agencies and- 191 subdivisions whether or not the state or its agencies or- 192 subdivisions possessed sovereign immunity before July 1, 1974.- 193 (d)(b) A municipality has a duty to allow the municipal law- 194 enforcement agency to respond appropriately to protect persons- 195 and property during a riot or an unlawful assembly based on the- 196 availability of adequate equipment to its municipal law- 197 enforcement officers and relevant state and federal laws. If the- 198 governing body of a municipality or a person authorized by the- 199 governing body of the municipality breaches that duty, the- 200 municipality is civilly liable for any damages, including- 201 damages arising from personal injury, wrongful death, or- 202 property damages proximately caused by the municipality’s breach- 203 of duty. The sovereign immunity recovery limits in paragraph (a)- 204 do not apply to an action under this paragraph.- 205 (e) When determining liability limits for a claim, the- 206 limitations of liability in effect on the date the claim accrues- 207 apply to the claim.- 208 (f) Beginning July 1, 2031, and on July 1 every 5 years- 209 thereafter, the Department of Financial Services shall adjust- 210 the limitations of liability in this subsection to reflect- 211 changes in the Consumer Price Index for the South region or a- 212 successor index as calculated by the United States Department of- 213 Labor, not to exceed 3 percent for any such adjustment.- 214 (6)(a) An action may not be instituted on a claim against- 215 the state or one of its agencies or subdivisions unless the- 216 claimant presents the claim in writing to the appropriate- 217 agency, and also, except as to any claim against a municipality,- 218 county, or the Florida Space Authority, presents the such claim- 219 in writing to the Department of Financial Services, within 18- 220 months 3 years after the such claim accrues and the Department- 221 of Financial Services or the appropriate agency denies the claim- 222 in writing; except that, if:- 223 1. The Such claim is for contribution pursuant to s.- 224 768.31, it must be so presented within 6 months after the- 225 judgment against the tortfeasor seeking contribution has become- 226 final by lapse of time for appeal or after appellate review or,- 227 if there is no final such judgment, within 6 months after the- 228 tortfeasor seeking contribution has either discharged the common- 229 liability by payment or agreed, while the action is pending- 230 against her or him, to discharge the common liability; or- 231 2. The Such action arises from a violation of s. 794.011- 232 involving a victim who was younger than 16 years of age at the- 233 time of the act, the claimant may present the claim in writing- 234 at any time. This subparagraph applies to any action other than- 235 an action that would have been time barred on or before October- 236 1, 2026 is for wrongful death, the claimant must present the- 237 claim in writing to the Department of Financial Services within- 238 2 years after the claim accrues.- 239 (b) For purposes of this section, the requirements of- 240 notice to the agency and denial of the claim pursuant to- 241 paragraph (a) are conditions precedent to maintaining an action- 242 but may shall not be deemed to be elements of the cause of- 243 action and do shall not affect the date on which the cause of- 244 action accrues.- 245 (c) The claimant shall also provide to the agency the- 246 claimant’s date and place of birth and social security number if- 247 the claimant is an individual, or a federal identification- 248 number if the claimant is not an individual. The claimant shall- 249 also state the case style, tribunal, the nature and amount of- 250 all adjudicated penalties, fines, fees, victim restitution fund,- 251 and other judgments in excess of $200, whether imposed by a- 252 civil, criminal, or administrative tribunal, owed by the- 253 claimant to the state, its agency, officer or subdivision. If- 254 there exists no prior adjudicated unpaid claim in excess of- 255 $200, the claimant shall so state.- 256 (d) For purposes of this section, complete, accurate, and- 257 timely compliance with the requirements of paragraph (c) must- 258 shall occur before prior to settlement payment, close of- 259 discovery, or commencement of trial, whichever is earlier- 260 sooner; provided the ability to plead setoff is not precluded by- 261 the delay. This setoff applies shall apply only against that- 262 part of the settlement or judgment payable to the claimant,- 263 minus claimant’s reasonable attorney attorney’s fees and costs.- 264 Incomplete or inaccurate disclosure of unpaid adjudicated claims- 265 due the state or, its agency, officer, or subdivision, may be- 266 excused by the court upon a showing by the preponderance of the- 267 evidence of the claimant’s lack of knowledge of an adjudicated- 268 claim and reasonable inquiry by, or on behalf of, the claimant- 269 to obtain the information from public records. Unless the- 270 appropriate agency had actual notice of the information required- 271 to be disclosed by paragraph (c) in time to assert a setoff, an- 272 unexcused failure to disclose shall, upon hearing and order of- 273 court, cause the claimant to be liable for double the original- 274 undisclosed judgment and, upon further motion, the court shall- 275 enter judgment for the agency in that amount. Except as provided- 276 otherwise in this subsection, the failure of the Department of- 277 Financial Services or the appropriate agency to make final- 278 disposition of a claim within 4 months 6 months after it is- 279 filed shall be deemed a final denial of the claim for purposes- 280 of this section. For purposes of this subsection, in medical- 281 malpractice actions and in wrongful death actions, the failure- 282 of the Department of Financial Services or the appropriate- 283 agency to make final disposition of a claim within 90 days after- 284 it is filed shall be deemed a final denial of the claim. The- 285 statute of limitations for medical malpractice actions and- 286 wrongful death actions is tolled as to all prospective- 287 defendants for the period of time taken by the Department of- 288 Financial Services or the appropriate agency to deny the claim.- 289 The provisions of This subsection does do not apply to such- 290 claims that as may be asserted by counterclaim pursuant to s.- 291 768.14.- 292 (7) In actions brought pursuant to this section, process- 293 must shall be served upon the head of the agency concerned and- 294 also, except as to a defendant municipality, county, or the- 295 Florida Space Authority, upon the Department of Financial- 296 Services.; and The department or the agency served has concerned- 297 shall have 30 days within which to file responsive pleadings- 298 plead thereto.- 299 (8) An No attorney may not charge, demand, receive, or- 300 collect, for services rendered, fees in excess of 25 percent of- 301 any funds recovered as a result of judgment or settlement. In- 302 the enactment of a claim bill, as to payments made to the- 303 claimant in excess of the limits in paragraph (5)(a), the- 304 Legislature has the sole discretion to award an attorney fee- 305 applicable to the excess which is less than 25 percent,- 306 notwithstanding any agreement. The Legislature may also limit- 307 payments for costs or otherwise reserve a portion of the- 308 proceeds to the claimant. This subsection is deemed to be a part- 309 of any fee agreement.- 310 (9)(a) An officer, employee, or agent of the state or of- 311 any of its subdivisions may not be held personally liable in- 312 tort or named as a party defendant in any action for any injury- 313 or damage suffered as a result of any act, event, or omission of- 314 action in the scope of her or his employment or function, unless- 315 the such officer, employee, or agent acted in bad faith or with- 316 malicious purpose or in a manner exhibiting wanton and willful- 317 disregard of human rights, safety, or property. However, the- 318 such officer, employee, or agent shall be considered an adverse- 319 witness in a tort action for any injury or damage suffered as a- 320 result of any act, event, or omission of action in the scope of- 321 her or his employment or function. The exclusive remedy for- 322 injury or damage suffered as a result of an act, event, or- 323 omission of an officer, employee, or agent of the state or any- 324 of its subdivisions or constitutional officers is by action- 325 against the governmental entity, or the head of such entity in- 326 her or his official capacity, or the constitutional officer of- 327 which the officer, employee, or agent is an employee, unless the- 328 such act or omission was committed in bad faith or with- 329 malicious purpose or in a manner exhibiting wanton and willful- 330 disregard of human rights, safety, or property. The state or its- 331 subdivisions are not liable in tort for the acts or omissions of- 332 an officer, employee, or agent committed while acting outside- 333 the course and scope of her or his employment or committed in- 334 bad faith or with malicious purpose or in a manner exhibiting- 335 wanton and willful disregard of human rights, safety, or- 336 property.- 337 (b) As used in this subsection, the term:- 338 1. “Employee” includes any volunteer firefighter.- 339 2. “Officer, employee, or agent” includes, but is not- 340 limited to, any health care provider when providing services- 341 pursuant to s. 766.1115; any nonprofit independent college or- 342 university located and chartered in this state which owns or- 343 operates an accredited medical school, and its employees or- 344 agents, when providing patient services pursuant to paragraph- 345 (10)(f); any public defender or her or his employee or agent,- 346 including an assistant public defender or an investigator; and- 347 any member of a Child Protection Team, as defined in s. 39.01,- 348 or any member of a threat management team, as described in s.- 349 1006.07(7), when carrying out her or his duties as a team member- 350 under the control, direction, and supervision of the state or- 351 any of its agencies or subdivisions.- 352 (c) For purposes of the waiver of sovereign immunity only,- 353 a member of the Florida National Guard is not acting within the- 354 scope of state employment when performing duty under the- 355 provisions of Title 10 or Title 32 of the United States Code or- 356 other applicable federal law; and neither the state or nor any- 357 individual may not be named in any action under this chapter- 358 arising from the performance of such federal duty.- 359 (d) The employing agency of a law enforcement officer as- 360 defined in s. 943.10 is not liable for injury, death, or- 361 property damage effected or caused by a person fleeing from a- 362 law enforcement officer in a motor vehicle if:- 363 1. The pursuit is conducted in a manner that does not- 364 involve conduct by the officer which is so reckless or wanting- 365 in care as to constitute disregard of human life, human rights,- 366 safety, or the property of another;- 367 2. At the time the law enforcement officer initiates the- 368 pursuit, the officer reasonably believes that the person fleeing- 369 has committed a forcible felony as defined in s. 776.08; and- 370 3. The pursuit is conducted by the officer pursuant to a- 371 written policy governing high-speed pursuit adopted by the- 372 employing agency. The policy must contain specific procedures- 373 concerning the proper method to initiate and terminate high- 374 speed pursuit. The law enforcement officer must have received- 375 instructional training from the employing agency on the written- 376 policy governing high-speed pursuit.- 377 (10)(a) Health care providers or vendors, or any of their- 378 employees or agents, that have contractually agreed to act as- 379 agents of the Department of Corrections to provide health care- 380 services to inmates of the state correctional system shall be- 381 considered agents of the State of Florida, Department of- 382 Corrections, for the purposes of this section, while acting- 383 within the scope of and pursuant to guidelines established in- 384 their contracts said contract or by rule. The contracts must- 385 shall provide for the indemnification of the state by the agent- 386 for any liabilities incurred up to the limits set out in this- 387 chapter.- 388 (b) This subsection may shall not be construed as- 389 designating persons providing contracted health care services to- 390 inmates as employees or agents of the state for the purposes of- 391 chapter 440.- 392 (c) For purposes of this section, regional poison control- 393 centers created in accordance with s. 395.1027 and coordinated- 394 and supervised under the Division of Children’s Medical Services- 395 Prevention and Intervention of the Department of Health, or any- 396 of their employees or agents, shall be considered agents of the- 397 State of Florida, Department of Health. Any contracts with- 398 poison control centers must provide, to the extent permitted by- 399 law, for the indemnification of the state by the agency for any- 400 liabilities incurred up to the limits set out in this chapter.- 401 (d) For the purposes of this section, operators,- 402 dispatchers, and providers of security for rail services and- 403 rail facility maintenance providers in the South Florida Rail- 404 Corridor, or any of their employees or agents, performing such- 405 services under contract with and on behalf of the South Florida- 406 Regional Transportation Authority or the Department of- 407 Transportation shall be considered agents of the state while- 408 acting within the scope of and pursuant to guidelines- 409 established in their contracts said contract or by rule.- 410 (e) For purposes of this section, a professional firm that- 411 provides monitoring and inspection services of the work required- 412 for state roadway, bridge, or other transportation facility- 413 construction projects, or any employee of a firm performing- 414 those such services, is considered an agent of the Department of- 415 Transportation while acting within the scope of the firm’s- 416 contract with the Department of Transportation to ensure that- 417 the project is constructed in conformity with the project’s- 418 plans, specifications, and contract provisions. This paragraph- 419 applies to a professional firm that is in direct contract with- 420 the Department of Transportation, as well as any professional- 421 firm providing monitoring and inspection services as a- 422 consultant to the professional firm that is in direct contract- 423 with the Department of Transportation. Any contract with a- 424 professional firm must, to the extent permitted by law, provide- 425 for the indemnification of the Department of Transportation for- 426 any liability, including reasonable attorney fees, incurred up- 427 to the limits set out in this chapter to the extent caused by- 428 the negligence of the firm or its employees. This paragraph may- 429 not be construed as designating persons who provide monitoring- 430 and inspection services as employees or agents of the state for- 431 purposes of chapter 440. This paragraph is not applicable to the- 432 professional firm or its employees if involved in an accident- 433 while operating a motor vehicle. This paragraph is not- 434 applicable to a firm engaged by the Department of Transportation- 435 for the design or construction of a state roadway, bridge, or- 436 other transportation facility construction project or to its- 437 employees, agents, or subcontractors.- 438 (f) For purposes of this section, any nonprofit independent- 439 college or university located and chartered in this state which- 440 owns or operates an accredited medical school, or any of its- 441 employees or agents, and which has agreed in an affiliation- 442 agreement or other contract to provide, or permit its employees- 443 or agents to provide, patient services as agents of a teaching- 444 hospital, is considered an agent of the teaching hospital while- 445 acting within the scope of and pursuant to guidelines- 446 established in the affiliation agreement or other contract. To- 447 the extent allowed by law, the contract must provide for the- 448 indemnification of the teaching hospital, up to the limits set- 449 out in this chapter, by the agent for any liability incurred- 450 which was caused by the negligence of the college or university- 451 or its employees or agents. The contract must also provide that- 452 those limited portions of the college, university, or medical- 453 school which are directly providing services pursuant to the- 454 contract and which are considered an agent of the teaching- 455 hospital for purposes of this section are deemed to be acting on- 456 behalf of a public agency as defined in s. 119.011(2).- 457 1. For purposes of this paragraph, the term:- 458 a. “Employee or agent” means an officer, employee, agent,- 459 or servant of a nonprofit independent college or university- 460 located and chartered in this state which owns or operates an- 461 accredited medical school, including, but not limited to, the- 462 faculty of the medical school, any health care practitioner or- 463 licensee as defined in s. 456.001 for which the college or- 464 university is vicariously liable, and the staff or- 465 administrators of the medical school.- 466 b. “Patient services” means:- 467 (I) Comprehensive health care services as defined in s.- 468 641.19, including any related administrative service, provided- 469 to patients in a teaching hospital;- 470 (II) Training and supervision of interns, residents, and- 471 fellows providing patient services in a teaching hospital; or- 472 (III) Training and supervision of medical students in a- 473 teaching hospital.- 474 c. “Teaching hospital” means a teaching hospital as defined- 475 in s. 408.07 which is owned or operated by the state, a county- 476 or municipality, a public health trust, a special taxing- 477 district, a governmental entity having health care- 478 responsibilities, or a not-for-profit entity that operates such- 479 facility as an agent of the state, or a political subdivision of- 480 the state, under a lease or other contract.- 481 2. The teaching hospital or the medical school, or its- 482 employees or agents, must provide notice to each patient, or the- 483 patient’s legal representative, that the college or university- 484 that owns or operates the medical school and the employees or- 485 agents of that college or university are acting as agents of the- 486 teaching hospital and that the exclusive remedy for injury or- 487 damage suffered as the result of any act or omission of the- 488 teaching hospital, the college or university that owns or- 489 operates the medical school, or the employees or agents of the- 490 college or university, while acting within the scope of duties- 491 pursuant to the affiliation agreement or other contract with a- 492 teaching hospital, is by commencement of an action pursuant to- 493 the provisions of this section. This notice requirement may be- 494 met by posting the notice in a place conspicuous to all persons.- 495 3. This paragraph does not designate any employee providing- 496 contracted patient services in a teaching hospital as an- 497 employee or agent of the state for purposes of chapter 440.- 498 (g) For the purposes of this section, the executive- 499 director of the Board of Nursing, when serving as the state- 500 administrator of the Nurse Licensure Compact pursuant to s.- 501 464.0095, and any administrator, officer, executive director,- 502 employee, or representative of the Interstate Commission of- 503 Nurse Licensure Compact Administrators, when acting within the- 504 scope of their employment, duties, or responsibilities in this- 505 state, are considered agents of the state. The commission shall- 506 pay any claims or judgments pursuant to this section and may- 507 maintain insurance coverage to pay any such claims or judgments.- 508 (h) For purposes of this section, the individual appointed- 509 under s. 491.004(8) as the state’s delegate on the Counseling- 510 Compact Commission, when serving in that capacity pursuant to s.- 511 491.017, and any administrator, officer, executive director,- 512 employee, or representative of the commission, when acting- 513 within the scope of his or her employment, duties, or- 514 responsibilities in this state, is considered an agent of the- 515 state. The commission shall pay any claims or judgments pursuant- 516 to this section and may maintain insurance coverage to pay those- 517 any such claims or judgments.- 518 (i) For purposes of this section, the individual appointed- 519 under s. 490.004(7) as the state’s commissioner on the- 520 Psychology Interjurisdictional Compact Commission, when serving- 521 in that capacity pursuant to s. 490.0075, and any administrator,- 522 officer, executive director, employee, or representative of the- 523 Psychology Interjurisdictional Compact Commission, when acting- 524 within the scope of his or her employment, duties, or- 525 responsibilities in this state, is considered an agent of the- 526 state. The commission shall pay any claims or judgments pursuant- 527 to this section and may maintain insurance coverage to pay those- 528 any such claims or judgments.- 529 (j) For purposes of this section, the representative- 530 appointed from the Board of Medicine and the representative- 531 appointed from the Board of Osteopathic Medicine, when serving- 532 as commissioners of the Interstate Medical Licensure Compact- 533 Commission pursuant to s. 456.4501, and any administrator,- 534 officer, executive director, employee, or representative of the- 535 Interstate Medical Licensure Compact Commission, when acting- 536 within the scope of their employment, duties, or- 537 responsibilities in this state, are considered agents of the- 538 state. The commission shall pay any claims or judgments pursuant- 539 to this section and may maintain insurance coverage to pay those- 540 any such claims or judgments.- 541 (k) For purposes of this section, the individuals appointed- 542 under s. 468.1135(4) as the state’s delegates on the Audiology- 543 and Speech-Language Pathology Interstate Compact Commission,- 544 when serving in that capacity pursuant to s. 468.1335, and any- 545 administrator, officer, executive director, employee, or- 546 representative of the commission, when acting within the scope- 547 of his or her employment, duties, or responsibilities in this- 548 state, is considered an agent of the state. The commission shall- 549 pay any claims or judgments pursuant to this section and may- 550 maintain insurance coverage to pay those any such claims or- 551 judgments.- 552 (l) For purposes of this section, the individual appointed- 553 under s. 486.023(5) as the state’s delegate on the Physical- 554 Therapy Compact Commission, when serving in that capacity- 555 pursuant to s. 486.112, and any administrator, officer,- 556 executive director, employee, or representative of the Physical- 557 Therapy Compact Commission, when acting within the scope of his- 558 or her employment, duties, or responsibilities in this state, is- 559 considered an agent of the state. The commission shall pay any- 560 claims or judgments pursuant to this section and may maintain- 561 insurance coverage to pay those any such claims or judgments.- 562 (11)(a) Providers or vendors, or any of their employees or- 563 agents, that have contractually agreed to act on behalf of the- 564 state as agents of the Department of Juvenile Justice to provide- 565 services to children in need of services, families in need of- 566 services, or juvenile offenders are, solely with respect to such- 567 services, agents of the state for purposes of this section while- 568 acting within the scope of and pursuant to guidelines- 569 established in the contract or by rule. A contract must provide- 570 for the indemnification of the state by the agent for any- 571 liabilities incurred up to the limits set out in this chapter.- 572 (b) This subsection does not designate a person who- 573 provides contracted services to juvenile offenders as an- 574 employee or agent of the state for purposes of chapter 440.- 575 (12)(a) A health care practitioner, as defined in s.- 576 456.001(4), who has contractually agreed to act as an agent of a- 577 state university board of trustees to provide medical services- 578 to a student athlete for participation in or as a result of- 579 intercollegiate athletics, to include team practices, training,- 580 and competitions, shall be considered an agent of the respective- 581 state university board of trustees, for the purposes of this- 582 section, while acting within the scope of and pursuant to- 583 guidelines established in that contract. The contracts must- 584 shall provide for the indemnification of the state by the agent- 585 for any liabilities incurred up to the limits set out in this- 586 chapter.- 587 (b) This subsection may shall not be construed as- 588 designating persons providing contracted health care services to- 589 athletes as employees or agents of a state university board of- 590 trustees for the purposes of chapter 440.- 591 (13) Laws allowing the state or its agencies or- 592 subdivisions to buy insurance are still in force and effect and- 593 are not restricted in any way by the terms of this section act.- 594 (14) A Every claim against the state or one of its agencies- 595 or subdivisions for damages for a negligent or wrongful act or- 596 omission pursuant to this section is shall be forever barred- 597 unless the civil action is commenced by filing a complaint in- 598 the court of appropriate jurisdiction:- 599 (a) Within 2 years for an action founded on negligence.- 600 (b) Within the limitations provided in s. 768.31(4) for an- 601 action for contribution.- 602 (c) Within the limitations provided in s. 95.11(5) for an- 603 action for damages arising from medical malpractice or wrongful- 604 death.- 605 (d) At any time for an action arising from an act- 606 constituting a violation of s. 794.011 involving a victim who- 607 was under the age of 16 years at the time of the act. This- 608 paragraph applies to any such action other than an action that- 609 would have been time barred on or before October 1, 2026.- 610 (e) Within 4 years for any other action not specified in- 611 this subsection 4 years after the such claim accrues; except- 612 that an action for contribution must be commenced within the- 613 limitations provided in s. 768.31(4), and an action for damages- 614 arising from medical malpractice or wrongful death must be- 615 commenced within the limitations for such actions in s.- 616 95.11(5).- 617 (15) An No action may not be brought against the state or- 618 any of its agencies or subdivisions by anyone who unlawfully- 619 participates in a riot, unlawful assembly, public demonstration,- 620 mob violence, or civil disobedience if the claim arises out of- 621 the such riot, unlawful assembly, public demonstration, mob- 622 violence, or civil disobedience. Nothing in This subsection does- 623 not act shall abridge traditional immunities pertaining to- 624 statements made in court.- 625 (16)(a) The state and its agencies and subdivisions are- 626 authorized to be self-insured, to enter into risk management- 627 programs, or to purchase liability insurance for whatever- 628 coverage they may choose, or to have any combination thereof, in- 629 anticipation of any claim, judgment, and claims bill that which- 630 they may be liable to pay pursuant to this section. Agencies or- 631 subdivisions, and sheriffs, that are subject to homogeneous- 632 risks may purchase insurance jointly or may join together as- 633 self-insurers to provide other means of protection against tort- 634 claims, any charter provisions or laws to the contrary- 635 notwithstanding.- 636 (b) Claims files maintained by any risk management program- 637 administered by the state, its agencies, and its subdivisions- 638 are confidential and exempt from the provisions of s. 119.07(1)- 639 and s. 24(a), Art. I of the State Constitution until termination- 640 of all litigation and settlement of all claims arising out of- 641 the same incident, although portions of the claims files may- 642 remain exempt, as otherwise provided by law. Claims files- 643 records may be released to other governmental agencies upon- 644 written request and demonstration of need. Any; such records- 645 held by the receiving agency remain confidential and exempt as- 646 provided for in this paragraph.- 647 (c) Portions of meetings and proceedings conducted pursuant- 648 to any risk management program administered by the state, its- 649 agencies, or its subdivisions, which relate solely to the- 650 evaluation of claims filed with the risk management program or- 651 which relate solely to offers of compromise of claims filed with- 652 the risk management program are exempt from the provisions of s.- 653 286.011 and s. 24(b), Art. I of the State Constitution. Until- 654 termination of all litigation and settlement of all claims- 655 arising out of the same incident, persons privy to discussions- 656 pertinent to the evaluation of a filed claim are shall not be- 657 subject to subpoena in any administrative or civil proceeding- 658 with regard to the content of those discussions.- 659 (d) Minutes of the meetings and proceedings of any risk- 660 management program administered by the state, its agencies, or- 661 its subdivisions, which relate solely to the evaluation of- 662 claims filed with the risk management program or which relate- 663 solely to offers of compromise of claims filed with the risk- 664 management program are exempt from the provisions of s.- 665 119.07(1) and s. 24(a), Art. I of the State Constitution until- 666 termination of all litigation and settlement of all claims- 667 arising out of the same incident.- 668 (17) This section, as amended by chapter 81-317, Laws of- 669 Florida, shall apply only to causes of actions which accrue on- 670 or after October 1, 1981.- 671 (18) A No provision of this section, or of any other- 672 section of the Florida Statutes, whether read separately or in- 673 conjunction with any other provision, may not shall be construed- 674 to waive the immunity of the state or any of its agencies from- 675 suit in federal court, as that such immunity is guaranteed by- 676 the Eleventh Amendment to the Constitution of the United States,- 677 unless the such waiver is explicitly and definitely stated to be- 678 a waiver of the immunity of the state and its agencies from suit- 679 in federal court. This subsection may shall not be construed to- 680 mean that the state has at any time previously waived, by- 681 implication, its immunity, or that of any of its agencies, from- 682 suit in federal court through any statute in existence before- 683 prior to June 24, 1984.- 684 (18)(19) Neither The state or an nor any agency or- 685 subdivision of the state does not waive waives any defense of- 686 sovereign immunity, or increase increases the limits of its- 687 liability, upon entering into a contract contractual- 688 relationship with another agency or subdivision of the state.- 689 The Such a contract may must not contain any provision that- 690 requires one party to indemnify or insure the other party for- 691 the other party’s negligence or to assume any liability for the- 692 other party’s negligence. This does not preclude a party from- 693 requiring a nongovernmental entity to provide such- 694 indemnification or insurance. The restrictions of this- 695 subsection do not prohibit prevent a regional water supply- 696 authority from indemnifying and assuming the liabilities of its- 697 member governments for obligations arising from past acts or- 698 omissions at or with property acquired from a member government- 699 by the authority and arising from the acts or omissions of the- 700 authority in performing activities contemplated by an interlocal- 701 agreement. The Such indemnification may not be considered to- 702 increase or otherwise waive the limits of liability to third- 703 party claimants established by this section.- 704 (19)(20) Every municipality, and any of its agencies agency- 705 thereof, may is authorized to undertake to indemnify those- 706 employees who that are exposed to personal liability pursuant to- 707 the Clean Air Act Amendments of 1990, 42 U.S.C.A. ss. 7401 et- 708 seq., and all rules and regulations adopted to implement that- 709 act, for acts performed within the course and scope of their- 710 employment with the municipality or its agency, including, but- 711 not limited to, indemnification pertaining to the holding,- 712 transfer, or disposition of allowances allocated to the- 713 municipality’s or its agency’s electric generating units, and- 714 the monitoring, submission, certification, and compliance with- 715 permits, permit applications, records, compliance plans, and- 716 reports for those units, when those such acts are performed- 717 within the course and scope of their employment with the- 718 municipality or its agency. The authority to indemnify under- 719 this section covers every act by an employee which is when such- 720 act is performed within the course and scope of her or his- 721 employment with the municipality or its agency, but does not- 722 cover any act of willful misconduct or any intentional or- 723 knowing violation of any law by the employee. The authority to- 724 indemnify under this section includes, but is not limited to,- 725 the authority to pay any fine and provide legal representation- 726 in any action.- 727 Section 2. This act applies to causes of action that accrue- 728 on or after October 1, 2026.- 729 Section 3. Paragraph (b) of subsection (2) of section- 730 29.0081, Florida Statutes, is amended to read:- 731 29.0081 County funding of additional court personnel.—- 732 (2) The agreement shall, at a minimum, provide that:- 733 (b) The personnel whose employment is funded under the- 734 agreement are hired, supervised, managed, and fired by personnel- 735 of the judicial circuit. The county shall be considered the- 736 employer for purposes of s. 440.10 and chapter 443. Employees- 737 funded by the county under this section and other county- 738 employees may be aggregated for purposes of a flexible benefits- 739 plan pursuant to s. 125 of the Internal Revenue Code of 1986.- 740 The judicial circuit shall supervise the personnel whose- 741 employment is funded under the agreement; be responsible for- 742 compliance with all requirements of federal and state employment- 743 laws, including, but not limited to, Title VII of the Civil- 744 Rights Act of 1964, Title I of the Americans with Disabilities- 745 Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair- 746 Labor Standards Act, chapters 447 and 760, and ss. 112.3187,- 747 440.105, and 440.205; and fully indemnify the county from any- 748 liability under such laws, as authorized by s. 768.28(18) s.- 749 768.28(19), to the extent such liability is the result of the- 750 acts or omissions of the judicial circuit or its agents or- 751 employees.- 752 Section 4. Paragraph (b) of subsection (2) of section- 753 39.8297, Florida Statutes, is amended to read:- 754 39.8297 County funding for guardian ad litem employees.—- 755 (2) The agreement, at a minimum, must provide that:- 756 (b) The persons who are employed will be hired, supervised,- 757 managed, and terminated by the executive director of the- 758 Statewide Guardian ad Litem Office. The statewide office is- 759 responsible for compliance with all requirements of federal and- 760 state employment laws, and shall fully indemnify the county from- 761 any liability under such laws, as authorized by s. 768.28(18) s.- 762 768.28(19), to the extent such liability is the result of the- 763 acts or omissions of the Statewide Guardian ad Litem Office or- 764 its agents or employees.- 765 Section 5. Paragraph (a) of subsection (3) of section- 766 343.811, Florida Statutes, is amended to read:- 767 343.811 Power to assume indemnification and insurance- 768 obligations.—- 769 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In- 770 conjunction with the development or operation of a commuter rail- 771 service on the Coastal Link corridor, an agency may:- 772 (a) Assume obligations pursuant to the following:- 773 1.a. The agency may assume the obligation by contract to- 774 protect, defend, indemnify, and hold harmless FECR and its- 775 officers, agents, and employees from and against:- 776 (I) Any liability, cost, and expense, including, but not- 777 limited to, the agency’s passengers and other rail corridor- 778 invitees in, on, or about the Coastal Link corridor, regardless- 779 of whether the loss, damage, destruction, injury, or death- 780 giving rise to any such liability, cost, or expense is caused in- 781 whole or in part, and to whatever nature or degree, by the- 782 fault, failure, negligence, misconduct, nonfeasance, or- 783 misfeasance of such freight rail operator, its successors, or- 784 its officers, agents, and employees, or any other person or- 785 persons whomsoever.- 786 (II) Any loss, injury, or damage incurred by other rail- 787 corridor invitees up to the amount of the self-insurance- 788 retention amount with respect to limited covered accidents- 789 caused by the agency.- 790 b. The agency may assume the obligation by contract to- 791 protect, defend, indemnify, and hold harmless Brightline and its- 792 officers, agents, and employees from and against:- 793 (I) Any liability, cost, and expense, including, but not- 794 limited to, the agency’s passengers and rail corridor invitees- 795 in the Coastal Link corridor, regardless of whether the loss,- 796 damage, destruction, injury, or death giving rise to any such- 797 liability, cost, or expense is caused in whole or in part, and- 798 to whatever nature or degree, by the fault, failure, negligence,- 799 misconduct, nonfeasance, or misfeasance of Brightline, its- 800 successors, or its officers, agents, and employees, or any other- 801 person or persons whomsoever.- 802 (II) Any loss, injury, or damage incurred by other rail- 803 corridor invitees up to the amount of the self-insurance- 804 retention amount with respect to limited covered accidents- 805 caused by the agency.- 806 2. The assumption of liability of the agency by contract- 807 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may- 808 not in any instance exceed the following parameters of- 809 allocation of risk:- 810 a. The agency may be solely responsible for any loss,- 811 injury, or damage to the agency’s passengers, or rail corridor- 812 invitees, third parties, or trespassers, regardless of- 813 circumstances or cause, subject to sub-subparagraph b. and- 814 subparagraphs 3., 4., and 5.- 815 b.(I) In the event of a limited covered accident caused by- 816 FECR, the authority of an agency to protect, defend, and- 817 indemnify FECR for all liability, cost, and expense, including- 818 punitive or exemplary damages, in excess of the self-insurance- 819 retention amount exists only if FECR agrees, with respect to- 820 such limited covered accident caused by FECR, to protect,- 821 defend, and indemnify the agency for the amount of the self- 822 insurance retention amount.- 823 (II) In the event of a limited covered accident caused by- 824 Brightline, the authority of an agency to protect, defend, and- 825 indemnify Brightline for all liability, cost, and expense,- 826 including punitive or exemplary damages, in excess of the self- 827 insurance retention amount exists only if Brightline agrees,- 828 with respect to such limited covered accident, to protect,- 829 defend, and indemnify the agency for the amount of the self- 830 insurance retention amount.- 831 3. When only one train is involved in an incident and:- 832 a. The train is an agency’s train, including an incident- 833 with trespassers or at-grade crossings, the agency may be solely- 834 responsible for any loss, injury, or damage.- 835 b. The train is FECR’s train, including an incident with- 836 trespassers or at-grade crossings, FECR is solely responsible- 837 for any loss, injury, or damage, except for the agency’s- 838 passengers and other rail corridor invitees, which are the- 839 responsibility of the agency, and Brightline’s passengers and- 840 other rail corridor invitees, which are the responsibility of- 841 Brightline.- 842 c. The train is Brightline’s train, including an incident- 843 with trespassers or at-grade crossings, Brightline is solely- 844 responsible for any loss, injury, or damage, except for the- 845 agency’s passengers or rail corridor invitees, which are the- 846 responsibility of the agency, and FECR’s rail corridor invitees,- 847 which are the responsibility of FECR.- 848 4. When an incident involves more than one operator, each- 849 operator is responsible for:- 850 a. Its property; passengers; employees, excluding employees- 851 who are, at the time of the incident, rail corridor invitees of- 852 another operator; and other rail corridor invitees.- 853 b. Its proportionate share of any loss or damage to the- 854 joint infrastructure.- 855 c. Its proportionate share of any loss, injury, or damage- 856 to:- 857 (I) Rail corridor invitees who are not rail corridor- 858 invitees of operators, provided that the agency shall always be- 859 responsible for its passengers and its rail corridor invitees- 860 regardless of whether the agency was involved in the incident.- 861 (II) Trespassers or third parties outside the Coastal Link- 862 corridor as a result of the incident.- 863 5. Any such contractual duty to protect, defend, indemnify,- 864 and hold harmless FECR or Brightline with respect to claims by- 865 rail passengers shall expressly include a specific cap on the- 866 amount of the contractual duty, which amount may not exceed $323- 867 million per occurrence and shall be adjusted so that the per- 868 occurrence insurance requirement is equal to the aggregate- 869 allowable awards to all rail passengers, against all defendants,- 870 for all claims, including claims for punitive damages, arising- 871 from a single accident or incident in accordance with 49 U.S.C.- 872 s. 28103, or any successor provision, without prior legislative- 873 approval.- 874 6. Notwithstanding any provision of this section to the- 875 contrary, the liabilities of the agency to the state or any- 876 other agency shall be as set forth in an agreement among such- 877 entities and limited by s. 768.28(18) s. 768.28(19).- 878- 879 Neither the assumption by contract to protect, defend,- 880 indemnify, and hold harmless; the purchase of insurance; nor the- 881 establishment of a self-insurance retention fund shall be deemed- 882 to be a waiver of any defense of sovereign immunity for tort- 883 claims or deemed to increase the limits of the agency’s- 884 liability for tort claims as provided in s. 768.28.- 885 Section 6. Subsection (2) of section 944.713, Florida- 886 Statutes, is amended to read:- 887 944.713 Insurance against liability.—- 888 (2) The contract shall provide for indemnification of the- 889 state by the private vendor for any liabilities incurred up to- 890 the limits provided under s. 768.28(5). The contract shall- 891 provide that the private vendor, or the insurer of the private- 892 vendor, is liable to pay any claim or judgment for any one- 893 person which does not exceed the applicable maximum amount- 894 provided in s. 768.28(5) sum of $100,000 or any claim or- 895 judgment, or portions thereof, which, when totaled with all- 896 other claims or judgments arising out of the same incident or- 897 occurrence, does not exceed the sum of $200,000. In addition,- 898 the contractor must agree to defend, hold harmless, and- 899 indemnify the department against any and all actions, claims,- 900 damages and losses, including costs and attorney’s fees.- 901 Section 7. For the purpose of incorporating the amendment- 902 made by this act to section 768.28, Florida Statutes, in a- 903 reference thereto, subsection (5) of section 45.061, Florida- 904 Statutes, is reenacted to read:- 905 45.061 Offers of settlement.—- 906 (5) Sanctions authorized under this section may be imposed- 907 notwithstanding any limitation on recovery of costs or expenses- 908 which may be provided by contract or in other provisions of- 909 Florida law. This section shall not be construed to waive the- 910 limits of sovereign immunity set forth in s. 768.28.- 911 Section 8. For the purpose of incorporating the amendment- 912 made by this act to section 768.28, Florida Statutes, in a- 913 reference thereto, paragraph (f) of subsection (6) of section- 914 95.11, Florida Statutes, is reenacted to read:- 915 95.11 Limitations other than for the recovery of real- 916 property.—Actions other than for recovery of real property shall- 917 be commenced as follows:- 918 (6) WITHIN ONE YEAR.—- 919 (f) Except for actions described in subsection (9), or a- 920 petition challenging a criminal conviction, all petitions;- 921 extraordinary writs; tort actions, including those under s.- 922 768.28(14); or other actions which concern any condition of- 923 confinement of a prisoner filed by or on behalf of a prisoner as- 924 defined in s. 57.085. Any petition, writ, or action brought- 925 under this paragraph must be commenced within 1 year after the- 926 time the incident, conduct, or conditions occurred or within 1- 927 year after the time the incident, conduct, or conditions were- 928 discovered, or should have been discovered.- 929 Section 9. For the purpose of incorporating the amendment- 930 made by this act to section 768.28, Florida Statutes, in a- 931 reference thereto, subsection (4) of section 110.504, Florida- 932 Statutes, is reenacted to read:- 933 110.504 Volunteer benefits.—- 934 (4) Volunteers shall be covered by state liability- 935 protection in accordance with the definition of a volunteer and- 936 the provisions of s. 768.28.- 937 Section 10. For the purpose of incorporating the amendment- 938 made by this act to section 768.28, Florida Statutes, in a- 939 reference thereto, paragraph (a) of subsection (1) of section- 940 111.071, Florida Statutes, is reenacted to read:- 941 111.071 Payment of judgments or settlements against certain- 942 public officers or employees.—- 943 (1) Any county, municipality, political subdivision, or- 944 agency of the state which has been excluded from participation- 945 in the Insurance Risk Management Trust Fund is authorized to- 946 expend available funds to pay:- 947 (a) Any final judgment, including damages, costs, and- 948 attorney’s fees, arising from a complaint for damages or injury- 949 suffered as a result of any act or omission of action of any- 950 officer, employee, or agent in a civil or civil rights lawsuit- 951 described in s. 111.07. If the civil action arises under s.- 952 768.28 as a tort claim, the limitations and provisions of s.- 953 768.28 governing payment shall apply. If the action is a civil- 954 rights action arising under 42 U.S.C. s. 1983, or similar- 955 federal statutes, payments for the full amount of the judgment- 956 may be made unless the officer, employee, or agent has been- 957 determined in the final judgment to have caused the harm- 958 intentionally.- 959 Section 11. For the purpose of incorporating the amendment- 960 made by this act to section 768.28, Florida Statutes, in a- 961 reference thereto, paragraph (b) of subsection (2) of section- 962 125.01015, Florida Statutes, is reenacted to read:- 963 125.01015 Office of the sheriff.—- 964 (2) To ensure the successful transfer of the exclusive- 965 policing responsibility and authority to the sheriff in a- 966 county, as defined in s. 125.011(1), the board of county- 967 commissioners shall:- 968 (b) After the election of the sheriff is certified:- 969 1. Provide funding for all of the necessary staff and- 970 office space for the sheriff-elect to establish an independent- 971 office of the sheriff, so that the office may effectively- 972 operate and perform all of the functions required by general law- 973 when the sheriff-elect takes office.- 974 2. Provide funding for the sheriff-elect to select any- 975 necessary insurances not provided by the county through the- 976 interlocal agreement required under sub-subparagraph 6.d. to- 977 allow the sheriff to effectively operate and perform all of the- 978 functions required by general law when he or she takes office.- 979 3. Provide funding for the sheriff-elect to establish bank- 980 and other accounts, as necessary, in his or her official- 981 capacity as sheriff, so that such accounts become operational- 982 when he or she takes office.- 983 4. Unless otherwise transferable based on existing surety- 984 bonds for the sheriff’s deputies, provide funding for and- 985 facilitate procurement of the required surety bonds for deputy- 986 sheriffs pursuant to s. 30.09, so that such bonds are in place- 987 when the sheriff-elect takes office.- 988 5. Prepare and deliver to the office of the sheriff all- 989 documents, property, and other items listed in subsection (4).- 990 6. Notwithstanding any provision to the contrary, for a- 991 term commencing on January 7, 2025, and ending on or after- 992 September 30, 2028, provide the sheriff-elect taking office- 993 with, and require the sheriff-elect taking office to use, not- 994 less than the substantially and materially same support- 995 services, facilities, office space, and information technology- 996 infrastructure provided to county offices or departments- 997 performing the duties to be performed by the sheriff-elect upon- 998 taking office in the 1-year period before he or she takes- 999 office.- 1000 a. As used in this subparagraph, the term “support- 1001 services” includes:- 1002 (I) Property and facilities, and the management and- 1003 maintenance for such property and facilities.- 1004 (II) Communications infrastructure, including telephone and- 1005 Internet connectivity.- 1006 (III) Risk management, including processing, adjusting, and- 1007 payment of all claims and demands, including those made under s.- 1008 768.28. The county shall provide the sheriff with all required- 1009 general liability, property, and other insurance coverage- 1010 through its self-insurance program, a self-insurance risk pool,- 1011 or commercial insurance. If the county provides insurance- 1012 through a self-insurance program, the county must also provide- 1013 the sheriff with commercial stop-loss coverage in an amount and- 1014 with a self-insured retention agreed upon by the sheriff and the- 1015 county.- 1016 (IV) Legal representation and advice through the office of- 1017 the county attorney for all claims, demands, and causes of- 1018 action brought against the sheriff, his or her deputies, or- 1019 other personnel in their official and individual capacities,- 1020 while acting in their official and individual capacities,- 1021 including any required outside counsel due to conflicts of- 1022 interest. This sub-sub-subparagraph does not prohibit the- 1023 sheriff from employing or retaining his or her own legal- 1024 representation as he or she deems necessary.- 1025 (V) Purchasing and procurement services using procedures- 1026 under the laws and ordinances applicable to the county for- 1027 purchases requiring competitive procurement.- 1028 (VI) Budget and fiscal software and budget development- 1029 services.- 1030 (VII) Human resource services, including, but not limited- 1031 to, facilitation of the hiring process, including employee- 1032 applicant screening and employee applicant background checks,- 1033 and employee benefit administration. The county may provide- 1034 human resource services to the sheriff. However, the sheriff is- 1035 the employer of his or her employees, and the sheriff retains- 1036 full and complete control and authority over the hiring of his- 1037 or her employees and the terms and conditions of employment,- 1038 including employee discipline and termination of employment. The- 1039 provision of human resource services by the county to the- 1040 sheriff does not create a joint-employer relationship. The- 1041 sheriff’s employees shall remain members of the county’s health- 1042 insurance and workers’ compensation plans for at least the term- 1043 set forth in this subparagraph.- 1044 (VIII) Fleet management, including procurement of all- 1045 vehicles and other mobile assets such as boats and aircraft, and- 1046 all vehicle repair and maintenance.- 1047 b. As used in this subparagraph, the term “information- 1048 technology infrastructure” includes:- 1049 (I) All hardware, including computers.- 1050 (II) Budget and fiscal software, including payroll and- 1051 purchasing software.- 1052 (III) Computer-aided dispatch.- 1053 c. Under a cost allocation plan agreed to by the county and- 1054 the sheriff, the sheriff shall pay the county for such support- 1055 services and information technology infrastructure from his or- 1056 her general fund budget, except for any support services and- 1057 information technology infrastructure costs that general law- 1058 otherwise and expressly requires the county to fund outside the- 1059 sheriff’s budget.- 1060 d. To satisfy compliance with this subsection and to- 1061 establish the office of the sheriff in a manner that minimizes- 1062 unnecessary financial expenditures, the county and the sheriff- 1063 shall execute an interlocal agreement addressing the- 1064 requirements of this subsection and other expenditures,- 1065 including an appropriate phase-in period for identification of- 1066 the sheriff’s assets with the sheriff’s markings to minimize the- 1067 cost to taxpayers. The interlocal agreement shall have a term- 1068 that ends no earlier than September 30, 2028, and may be- 1069 amended, renewed, extended, or newly adopted at any time- 1070 following the expiration or termination of the agreement. After- 1071 the initial period ending no earlier than September 30, 2028, an- 1072 interlocal agreement may be entered into between the county and- 1073 the sheriff which provides for the same or different- 1074 requirements as set forth in this subsection.- 1075 Section 12. For the purpose of incorporating the amendment- 1076 made by this act to section 768.28, Florida Statutes, in- 1077 references thereto, paragraph (h) of subsection (3) and- 1078 paragraph (k) of subsection (15) of section 163.01, Florida- 1079 Statutes, are reenacted to read:- 1080 163.01 Florida Interlocal Cooperation Act of 1969.—- 1081 (3) As used in this section:- 1082 (h) “Local government liability pool” means a reciprocal- 1083 insurer as defined in s. 629.011 or any self-insurance program- 1084 created pursuant to s. 768.28(16), formed and controlled by- 1085 counties or municipalities of this state to provide liability- 1086 insurance coverage for counties, municipalities, or other public- 1087 agencies of this state, which pool may contract with other- 1088 parties for the purpose of providing claims administration,- 1089 processing, accounting, and other administrative facilities.- 1090 (15) Notwithstanding any other provision of this section or- 1091 of any other law except s. 361.14, any public agency of this- 1092 state which is an electric utility, or any separate legal entity- 1093 created pursuant to the provisions of this section, the- 1094 membership of which consists only of electric utilities, and- 1095 which exercises or proposes to exercise the powers granted by- 1096 part II of chapter 361, the Joint Power Act, may exercise any or- 1097 all of the following powers:- 1098 (k) The limitations on waiver in the provisions of s.- 1099 768.28 or any other law to the contrary notwithstanding, the- 1100 Legislature, in accordance with s. 13, Art. X of the State- 1101 Constitution, hereby declares that any such legal entity or any- 1102 public agency of this state that participates in any electric- 1103 project waives its sovereign immunity to:- 1104 1. All other persons participating therein; and- 1105 2. Any person in any manner contracting with a legal entity- 1106 of which any such public agency is a member, with relation to:- 1107 a. Ownership, operation, or any other activity set forth in- 1108 sub-subparagraph (b)2.d. with relation to any electric project;- 1109 or- 1110 b. The supplying or purchasing of services, output,- 1111 capacity, energy, or any combination thereof.- 1112 Section 13. For the purpose of incorporating the amendment- 1113 made by this act to section 768.28, Florida Statutes, in a- 1114 reference thereto, section 190.043, Florida Statutes, is- 1115 reenacted to read:- 1116 190.043 Suits against the district.—Any suit or action- 1117 brought or maintained against the district for damages arising- 1118 out of tort, including, without limitation, any claim arising- 1119 upon account of an act causing an injury or loss of property,- 1120 personal injury, or death, shall be subject to the limitations- 1121 provided in s. 768.28.- 1122 Section 14. For the purpose of incorporating the amendment- 1123 made by this act to section 768.28, Florida Statutes, in a- 1124 reference thereto, subsection (13) of section 213.015, Florida- 1125 Statutes, is reenacted to read:- 1126 213.015 Taxpayer rights.—There is created a Florida- 1127 Taxpayer’s Bill of Rights to guarantee that the rights, privacy,- 1128 and property of Florida taxpayers are adequately safeguarded and- 1129 protected during tax assessment, collection, and enforcement- 1130 processes administered under the revenue laws of this state. The- 1131 Taxpayer’s Bill of Rights compiles, in one document, brief but- 1132 comprehensive statements which explain, in simple, nontechnical- 1133 terms, the rights and obligations of the Department of Revenue- 1134 and taxpayers. Section 192.0105 provides additional rights- 1135 afforded to payors of property taxes and assessments. The rights- 1136 afforded taxpayers to ensure that their privacy and property are- 1137 safeguarded and protected during tax assessment and collection- 1138 are available only insofar as they are implemented in other- 1139 parts of the Florida Statutes or rules of the Department of- 1140 Revenue. The rights so guaranteed Florida taxpayers in the- 1141 Florida Statutes and the departmental rules are:- 1142 (13) The right to an action at law within the limitations- 1143 of s. 768.28, relating to sovereign immunity, to recover damages- 1144 against the state or the Department of Revenue for injury caused- 1145 by the wrongful or negligent act or omission of a department- 1146 officer or employee (see s. 768.28).- 1147 Section 15. For the purpose of incorporating the amendment- 1148 made by this act to section 768.28, Florida Statutes, in a- 1149 reference thereto, section 252.51, Florida Statutes, is- 1150 reenacted to read:- 1151 252.51 Liability.—Any person or organization, public or- 1152 private, owning or controlling real estate or other premises who- 1153 voluntarily and without compensation, other than payment or- 1154 reimbursement of costs and expenses, grants a license or- 1155 privilege or otherwise permits the designation by the local- 1156 emergency management agency or use of the whole or any part of- 1157 such real estate or premises for the purpose of sheltering- 1158 persons during an actual, impending, mock, or practice- 1159 emergency, together with her or his successor in interest, if- 1160 any, shall not be liable for the death of, or injury to, any- 1161 person on or about such real estate or premises during the- 1162 actual, impending, mock, or practice emergency, or for loss of,- 1163 or damage to, the property of such person, solely by reason or- 1164 as a result of such license, privilege, designation, or use,- 1165 unless the gross negligence or the willful and wanton misconduct- 1166 of such person owning or controlling such real estate or- 1167 premises or her or his successor in interest is the proximate- 1168 cause of such death, injury, loss, or damage occurring during- 1169 such sheltering period. Any such person or organization who- 1170 provides such shelter space for compensation shall be deemed to- 1171 be an instrumentality of the state or its applicable agency or- 1172 subdivision for the purposes of s. 768.28.- 1173 Section 16. For the purpose of incorporating the amendment- 1174 made by this act to section 768.28, Florida Statutes, in a- 1175 reference thereto, section 252.89, Florida Statutes, is- 1176 reenacted to read:- 1177 252.89 Tort liability.—The commission and the committees- 1178 shall be state agencies, and the members of the commission and- 1179 committees shall be officers, employees, or agents of the state- 1180 for the purposes of s. 768.28.- 1181 Section 17. For the purpose of incorporating the amendment- 1182 made by this act to section 768.28, Florida Statutes, in a- 1183 reference thereto, section 252.944, Florida Statutes, is- 1184 reenacted to read:- 1185 252.944 Tort liability.—The commission and the committees- 1186 are state agencies, and the members of the commission and- 1187 committees are officers, employees, or agents of the state for- 1188 the purpose of s. 768.28.- 1189 Section 18. For the purpose of incorporating the amendment- 1190 made by this act to section 768.28, Florida Statutes, in a- 1191 reference thereto, subsection (2) of section 260.0125, Florida- 1192 Statutes, is reenacted to read:- 1193 260.0125 Limitation on liability of private landowners- 1194 whose property is designated as part of the statewide system of- 1195 greenways and trails.—- 1196 (2) Any private landowner who consents to designation of- 1197 his or her land as part of the statewide system of greenways and- 1198 trails pursuant to s. 260.016(2)(d) without compensation shall- 1199 be considered a volunteer, as defined in s. 110.501, and shall- 1200 be covered by state liability protection pursuant to s. 768.28,- 1201 including s. 768.28(9).- 1202 Section 19. For the purpose of incorporating the amendment- 1203 made by this act to section 768.28, Florida Statutes, in a- 1204 reference thereto, section 284.31, Florida Statutes, is- 1205 reenacted to read:- 1206 284.31 Scope and types of coverages; separate accounts.—The- 1207 Insurance Risk Management Trust Fund must, unless specifically- 1208 excluded by the Department of Financial Services, cover all- 1209 departments of the State of Florida and their employees, agents,- 1210 and volunteers and must provide separate accounts for workers’- 1211 compensation, general liability, fleet automotive liability,- 1212 federal civil rights actions under 42 U.S.C. s. 1983 or similar- 1213 federal statutes, state agency firefighter cancer benefits- 1214 payable under s. 112.1816(2), and court-awarded attorney fees in- 1215 other proceedings against the state except for such awards in- 1216 eminent domain or for inverse condemnation or for awards by the- 1217 Public Employees Relations Commission. Unless specifically- 1218 excluded by the Department of Financial Services, the Insurance- 1219 Risk Management Trust Fund must provide fleet automotive- 1220 liability coverage to motor vehicles titled to the state, or to- 1221 any department of the state, when such motor vehicles are used- 1222 by community transportation coordinators performing, under- 1223 contract to the appropriate department of the state, services- 1224 for the transportation disadvantaged under part I of chapter- 1225 427. Such fleet automotive liability coverage is primary and is- 1226 subject to s. 768.28 and parts II and III of chapter 284, and- 1227 applicable rules adopted thereunder, and the terms and- 1228 conditions of the certificate of coverage issued by the- 1229 Department of Financial Services.- 1230 Section 20. For the purpose of incorporating the amendment- 1231 made by this act to section 768.28, Florida Statutes, in- 1232 references thereto, section 284.38, Florida Statutes, is- 1233 reenacted to read:- 1234 284.38 Waiver of sovereign immunity; effect.—The insurance- 1235 programs developed herein shall provide limits as established by- 1236 the provisions of s. 768.28 if a tort claim. The limits provided- 1237 in s. 768.28 shall not apply to a civil rights action arising- 1238 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a- 1239 pending or future claim or judgment arising under any of said- 1240 statutes may be made upon this act becoming a law, unless the- 1241 officer, employee, or agent has been determined in the final- 1242 judgment to have caused the harm intentionally; however, the- 1243 fund is authorized to pay all other court-ordered attorney’s- 1244 fees as provided under s. 284.31.- 1245 Section 21. For the purpose of incorporating the amendment- 1246 made by this act to section 768.28, Florida Statutes, in a- 1247 reference thereto, paragraph (b) of subsection (1) of section- 1248 322.13, Florida Statutes, is reenacted to read:- 1249 322.13 Driver license examiners.—- 1250 (1)- 1251 (b) Those persons serving as driver license examiners are- 1252 not liable for actions taken within the scope of their- 1253 employment or designation, except as provided by s. 768.28.- 1254 Section 22. For the purpose of incorporating the amendment- 1255 made by this act to section 768.28, Florida Statutes, in a- 1256 reference thereto, subsection (1) of section 337.19, Florida- 1257 Statutes, is reenacted to read:- 1258 337.19 Suits by and against department; limitation of- 1259 actions; forum.—- 1260 (1) Suits at law and in equity may be brought and- 1261 maintained by and against the department on any contract claim- 1262 arising from breach of an express provision or an implied- 1263 covenant of a written agreement or a written directive issued by- 1264 the department pursuant to the written agreement. In any such- 1265 suit, the department and the contractor shall have all of the- 1266 same rights and obligations as a private person under a like- 1267 contract except that no liability may be based on an oral- 1268 modification of either the written contract or written- 1269 directive. Nothing herein shall be construed to waive the- 1270 sovereign immunity of the state and its political subdivisions- 1271 from equitable claims and equitable remedies. Notwithstanding- 1272 anything to the contrary contained in this section, no employee- 1273 or agent of the department may be held personally liable to an- 1274 extent greater than that pursuant to s. 768.28 provided that no- 1275 suit sounding in tort shall be maintained against the- 1276 department.- 1277 Section 23. For the purpose of incorporating the amendment- 1278 made by this act to section 768.28, Florida Statutes, in a- 1279 reference thereto, subsection (17) of section 341.302, Florida- 1280 Statutes, is reenacted to read:- 1281 341.302 Rail program; duties and responsibilities of the- 1282 department.—The department, in conjunction with other- 1283 governmental entities, including the rail enterprise and the- 1284 private sector, shall develop and implement a rail program of- 1285 statewide application designed to ensure the proper maintenance,- 1286 safety, revitalization, and expansion of the rail system to- 1287 assure its continued and increased availability to respond to- 1288 statewide mobility needs. Within the resources provided pursuant- 1289 to chapter 216, and as authorized under federal law, the- 1290 department shall:- 1291 (17) In conjunction with the acquisition, ownership,- 1292 construction, operation, maintenance, and management of a rail- 1293 corridor, have the authority to:- 1294 (a) Assume obligations pursuant to the following:- 1295 1.a. The department may assume the obligation by contract- 1296 to forever protect, defend, indemnify, and hold harmless the- 1297 freight rail operator, or its successors, from whom the- 1298 department has acquired a real property interest in the rail- 1299 corridor, and that freight rail operator’s officers, agents, and- 1300 employees, from and against any liability, cost, and expense,- 1301 including, but not limited to, commuter rail passengers and rail- 1302 corridor invitees in the rail corridor, regardless of whether- 1303 the loss, damage, destruction, injury, or death giving rise to- 1304 any such liability, cost, or expense is caused in whole or in- 1305 part, and to whatever nature or degree, by the fault, failure,- 1306 negligence, misconduct, nonfeasance, or misfeasance of such- 1307 freight rail operator, its successors, or its officers, agents,- 1308 and employees, or any other person or persons whomsoever; or- 1309 b. The department may assume the obligation by contract to- 1310 forever protect, defend, indemnify, and hold harmless National- 1311 Railroad Passenger Corporation, or its successors, and officers,- 1312 agents, and employees of National Railroad Passenger- 1313 Corporation, from and against any liability, cost, and expense,- 1314 including, but not limited to, commuter rail passengers and rail- 1315 corridor invitees in the rail corridor, regardless of whether- 1316 the loss, damage, destruction, injury, or death giving rise to- 1317 any such liability, cost, or expense is caused in whole or in- 1318 part, and to whatever nature or degree, by the fault, failure,- 1319 negligence, misconduct, nonfeasance, or misfeasance of National- 1320 Railroad Passenger Corporation, its successors, or its officers,- 1321 agents, and employees, or any other person or persons- 1322 whomsoever.- 1323 2. The assumption of liability of the department by- 1324 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph- 1325 1.b. may not in any instance exceed the following parameters of- 1326 allocation of risk:- 1327 a. The department may be solely responsible for any loss,- 1328 injury, or damage to commuter rail passengers, or rail corridor- 1329 invitees, or trespassers, regardless of circumstances or cause,- 1330 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and- 1331 6.- 1332 b.(I) In the event of a limited covered accident, the- 1333 authority of the department to protect, defend, and indemnify- 1334 the freight operator for all liability, cost, and expense,- 1335 including punitive or exemplary damages, in excess of the- 1336 deductible or self-insurance retention fund established under- 1337 paragraph (b) and actually in force at the time of the limited- 1338 covered accident exists only if the freight operator agrees,- 1339 with respect to the limited covered accident, to protect,- 1340 defend, and indemnify the department for the amount of the- 1341 deductible or self-insurance retention fund established under- 1342 paragraph (b) and actually in force at the time of the limited- 1343 covered accident.- 1344 (II) In the event of a limited covered accident, the- 1345 authority of the department to protect, defend, and indemnify- 1346 National Railroad Passenger Corporation for all liability, cost,- 1347 and expense, including punitive or exemplary damages, in excess- 1348 of the deductible or self-insurance retention fund established- 1349 under paragraph (b) and actually in force at the time of the- 1350 limited covered accident exists only if National Railroad- 1351 Passenger Corporation agrees, with respect to the limited- 1352 covered accident, to protect, defend, and indemnify the- 1353 department for the amount of the deductible or self-insurance- 1354 retention fund established under paragraph (b) and actually in- 1355 force at the time of the limited covered accident.- 1356 3. When only one train is involved in an incident, the- 1357 department may be solely responsible for any loss, injury, or- 1358 damage if the train is a department train or other train- 1359 pursuant to subparagraph 4., but only if:- 1360 a. When an incident occurs with only a freight train- 1361 involved, including incidents with trespassers or at grade- 1362 crossings, the freight rail operator is solely responsible for- 1363 any loss, injury, or damage, except for commuter rail passengers- 1364 and rail corridor invitees; or- 1365 b. When an incident occurs with only a National Railroad- 1366 Passenger Corporation train involved, including incidents with- 1367 trespassers or at grade crossings, National Railroad Passenger- 1368 Corporation is solely responsible for any loss, injury, or- 1369 damage, except for commuter rail passengers and rail corridor- 1370 invitees.- 1371 4. For the purposes of this subsection:- 1372 a. Any train involved in an incident that is neither the- 1373 department’s train nor the freight rail operator’s train,- 1374 hereinafter referred to in this subsection as an “other train,”- 1375 may be treated as a department train, solely for purposes of any- 1376 allocation of liability between the department and the freight- 1377 rail operator only, but only if the department and the freight- 1378 rail operator share responsibility equally as to third parties- 1379 outside the rail corridor who incur loss, injury, or damage as a- 1380 result of any incident involving both a department train and a- 1381 freight rail operator train, and the allocation as between the- 1382 department and the freight rail operator, regardless of whether- 1383 the other train is treated as a department train, shall remain- 1384 one-half each as to third parties outside the rail corridor who- 1385 incur loss, injury, or damage as a result of the incident. The- 1386 involvement of any other train shall not alter the sharing of- 1387 equal responsibility as to third parties outside the rail- 1388 corridor who incur loss, injury, or damage as a result of the- 1389 incident; or- 1390 b. Any train involved in an incident that is neither the- 1391 department’s train nor the National Railroad Passenger- 1392 Corporation’s train, hereinafter referred to in this subsection- 1393 as an “other train,” may be treated as a department train,- 1394 solely for purposes of any allocation of liability between the- 1395 department and National Railroad Passenger Corporation only, but- 1396 only if the department and National Railroad Passenger- 1397 Corporation share responsibility equally as to third parties- 1398 outside the rail corridor who incur loss, injury, or damage as a- 1399 result of any incident involving both a department train and a- 1400 National Railroad Passenger Corporation train, and the- 1401 allocation as between the department and National Railroad- 1402 Passenger Corporation, regardless of whether the other train is- 1403 treated as a department train, shall remain one-half each as to- 1404 third parties outside the rail corridor who incur loss, injury,- 1405 or damage as a result of the incident. The involvement of any- 1406 other train shall not alter the sharing of equal responsibility- 1407 as to third parties outside the rail corridor who incur loss,- 1408 injury, or damage as a result of the incident.- 1409 5. When more than one train is involved in an incident:- 1410 a.(I) If only a department train and freight rail- 1411 operator’s train, or only an other train as described in sub- 1412 subparagraph 4.a. and a freight rail operator’s train, are- 1413 involved in an incident, the department may be responsible for- 1414 its property and all of its people, all commuter rail- 1415 passengers, and rail corridor invitees, but only if the freight- 1416 rail operator is responsible for its property and all of its- 1417 people, and the department and the freight rail operator each- 1418 share one-half responsibility as to trespassers or third parties- 1419 outside the rail corridor who incur loss, injury, or damage as a- 1420 result of the incident; or- 1421 (II) If only a department train and a National Railroad- 1422 Passenger Corporation train, or only an other train as described- 1423 in sub-subparagraph 4.b. and a National Railroad Passenger- 1424 Corporation train, are involved in an incident, the department- 1425 may be responsible for its property and all of its people, all- 1426 commuter rail passengers, and rail corridor invitees, but only- 1427 if National Railroad Passenger Corporation is responsible for- 1428 its property and all of its people, all National Railroad- 1429 Passenger Corporation’s rail passengers, and the department and- 1430 National Railroad Passenger Corporation each share one-half- 1431 responsibility as to trespassers or third parties outside the- 1432 rail corridor who incur loss, injury, or damage as a result of- 1433 the incident.- 1434 b.(I) If a department train, a freight rail operator train,- 1435 and any other train are involved in an incident, the allocation- 1436 of liability between the department and the freight rail- 1437 operator, regardless of whether the other train is treated as a- 1438 department train, shall remain one-half each as to third parties- 1439 outside the rail corridor who incur loss, injury, or damage as a- 1440 result of the incident; the involvement of any other train shall- 1441 not alter the sharing of equal responsibility as to third- 1442 parties outside the rail corridor who incur loss, injury, or- 1443 damage as a result of the incident; and, if the owner, operator,- 1444 or insurer of the other train makes any payment to injured third- 1445 parties outside the rail corridor who incur loss, injury, or- 1446 damage as a result of the incident, the allocation of credit- 1447 between the department and the freight rail operator as to such- 1448 payment shall not in any case reduce the freight rail operator’s- 1449 third-party-sharing allocation of one-half under this paragraph- 1450 to less than one-third of the total third party liability; or- 1451 (II) If a department train, a National Railroad Passenger- 1452 Corporation train, and any other train are involved in an- 1453 incident, the allocation of liability between the department and- 1454 National Railroad Passenger Corporation, regardless of whether- 1455 the other train is treated as a department train, shall remain- 1456 one-half each as to third parties outside the rail corridor who- 1457 incur loss, injury, or damage as a result of the incident; the- 1458 involvement of any other train shall not alter the sharing of- 1459 equal responsibility as to third parties outside the rail- 1460 corridor who incur loss, injury, or damage as a result of the- 1461 incident; and, if the owner, operator, or insurer of the other- 1462 train makes any payment to injured third parties outside the- 1463 rail corridor who incur loss, injury, or damage as a result of- 1464 the incident, the allocation of credit between the department- 1465 and National Railroad Passenger Corporation as to such payment- 1466 shall not in any case reduce National Railroad Passenger- 1467 Corporation’s third-party-sharing allocation of one-half under- 1468 this sub-subparagraph to less than one-third of the total third- 1469 party liability.- 1470 6. Any such contractual duty to protect, defend, indemnify,- 1471 and hold harmless such a freight rail operator or National- 1472 Railroad Passenger Corporation shall expressly include a- 1473 specific cap on the amount of the contractual duty, which amount- 1474 shall not exceed $200 million without prior legislative- 1475 approval, and the department to purchase liability insurance and- 1476 establish a self-insurance retention fund in the amount of the- 1477 specific cap established under this subparagraph, provided that:- 1478 a. No such contractual duty shall in any case be effective- 1479 nor otherwise extend the department’s liability in scope and- 1480 effect beyond the contractual liability insurance and self- 1481 insurance retention fund required pursuant to this paragraph;- 1482 and- 1483 b.(I) The freight rail operator’s compensation to the- 1484 department for future use of the department’s rail corridor- 1485 shall include a monetary contribution to the cost of such- 1486 liability coverage for the sole benefit of the freight rail- 1487 operator.- 1488 (II) National Railroad Passenger Corporation’s compensation- 1489 to the department for future use of the department’s rail- 1490 corridor shall include a monetary contribution to the cost of- 1491 such liability coverage for the sole benefit of National- 1492 Railroad Passenger Corporation.- 1493 (b) Purchase liability insurance, which amount shall not- 1494 exceed $200 million, and establish a self-insurance retention- 1495 fund for the purpose of paying the deductible limit established- 1496 in the insurance policies it may obtain, including coverage for- 1497 the department, any freight rail operator as described in- 1498 paragraph (a), National Railroad Passenger Corporation, commuter- 1499 rail service providers, governmental entities, or any ancillary- 1500 development, which self-insurance retention fund or deductible- 1501 shall not exceed $10 million. The insureds shall pay a- 1502 reasonable monetary contribution to the cost of such liability- 1503 coverage for the sole benefit of the insured. Such insurance and- 1504 self-insurance retention fund may provide coverage for all- 1505 damages, including, but not limited to, compensatory, special,- 1506 and exemplary, and be maintained to provide an adequate fund to- 1507 cover claims and liabilities for loss, injury, or damage arising- 1508 out of or connected with the ownership, operation, maintenance,- 1509 and management of a rail corridor.- 1510 (c) Incur expenses for the purchase of advertisements,- 1511 marketing, and promotional items.- 1512 (d) Without altering any of the rights granted to the- 1513 department under this section, agree to assume the obligations- 1514 to indemnify and insure, pursuant to s. 343.545, freight rail- 1515 service, intercity passenger rail service, and commuter rail- 1516 service on a department-owned rail corridor, whether ownership- 1517 is in fee or by easement, or on a rail corridor where the- 1518 department has the right to operate.- 1519- 1520 Neither the assumption by contract to protect, defend,- 1521 indemnify, and hold harmless; the purchase of insurance; nor the- 1522 establishment of a self-insurance retention fund shall be deemed- 1523 to be a waiver of any defense of sovereign immunity for torts- 1524 nor deemed to increase the limits of the department’s or the- 1525 governmental entity’s liability for torts as provided in s.- 1526 768.28. The requirements of s. 287.022(1) shall not apply to the- 1527 purchase of any insurance under this subsection. The provisions- 1528 of this subsection shall apply and inure fully as to any other- 1529 governmental entity providing commuter rail service and- 1530 constructing, operating, maintaining, or managing a rail- 1531 corridor on publicly owned right-of-way under contract by the- 1532 governmental entity with the department or a governmental entity- 1533 designated by the department. Notwithstanding any law to the- 1534 contrary, procurement for the construction, operation,- 1535 maintenance, and management of any rail corridor described in- 1536 this subsection, whether by the department, a governmental- 1537 entity under contract with the department, or a governmental- 1538 entity designated by the department, shall be pursuant to s.- 1539 287.057 and shall include, but not be limited to, criteria for- 1540 the consideration of qualifications, technical aspects of the- 1541 proposal, and price. Further, any such contract for design-build- 1542 shall be procured pursuant to the criteria in s. 337.11(7).- 1543 Section 24. For the purpose of incorporating the amendment- 1544 made by this act to section 768.28, Florida Statutes, in a- 1545 reference thereto, subsection (3) of section 343.811, Florida- 1546 Statutes, is reenacted to read:- 1547 343.811 Power to assume indemnification and insurance- 1548 obligations.—- 1549 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In- 1550 conjunction with the development or operation of a commuter rail- 1551 service on the Coastal Link corridor, an agency may:- 1552 (a) Assume obligations pursuant to the following:- 1553 1.a. The agency may assume the obligation by contract to- 1554 protect, defend, indemnify, and hold harmless FECR and its- 1555 officers, agents, and employees from and against:- 1556 (I) Any liability, cost, and expense, including, but not- 1557 limited to, the agency’s passengers and other rail corridor- 1558 invitees in, on, or about the Coastal Link corridor, regardless- 1559 of whether the loss, damage, destruction, injury, or death- 1560 giving rise to any such liability, cost, or expense is caused in- 1561 whole or in part, and to whatever nature or degree, by the- 1562 fault, failure, negligence, misconduct, nonfeasance, or- 1563 misfeasance of such freight rail operator, its successors, or- 1564 its officers, agents, and employees, or any other person or- 1565 persons whomsoever.- 1566 (II) Any loss, injury, or damage incurred by other rail- 1567 corridor invitees up to the amount of the self-insurance- 1568 retention amount with respect to limited covered accidents- 1569 caused by the agency.- 1570 b. The agency may assume the obligation by contract to- 1571 protect, defend, indemnify, and hold harmless Brightline and its- 1572 officers, agents, and employees from and against:- 1573 (I) Any liability, cost, and expense, including, but not- 1574 limited to, the agency’s passengers and rail corridor invitees- 1575 in the Coastal Link corridor, regardless of whether the loss,- 1576 damage, destruction, injury, or death giving rise to any such- 1577 liability, cost, or expense is caused in whole or in part, and- 1578 to whatever nature or degree, by the fault, failure, negligence,- 1579 misconduct, nonfeasance, or misfeasance of Brightline, its- 1580 successors, or its officers, agents, and employees, or any other- 1581 person or persons whomsoever.- 1582 (II) Any loss, injury, or damage incurred by other rail- 1583 corridor invitees up to the amount of the self-insurance- 1584 retention amount with respect to limited covered accidents- 1585 caused by the agency.- 1586 2. The assumption of liability of the agency by contract- 1587 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may- 1588 not in any instance exceed the following parameters of- 1589 allocation of risk:- 1590 a. The agency may be solely responsible for any loss,- 1591 injury, or damage to the agency’s passengers, or rail corridor- 1592 invitees, third parties, or trespassers, regardless of- 1593 circumstances or cause, subject to sub-subparagraph b. and- 1594 subparagraphs 3., 4., and 5.- 1595 b.(I) In the event of a limited covered accident caused by- 1596 FECR, the authority of an agency to protect, defend, and- 1597 indemnify FECR for all liability, cost, and expense, including- 1598 punitive or exemplary damages, in excess of the self-insurance- 1599 retention amount exists only if FECR agrees, with respect to- 1600 such limited covered accident caused by FECR, to protect,- 1601 defend, and indemnify the agency for the amount of the self- 1602 insurance retention amount.- 1603 (II) In the event of a limited covered accident caused by- 1604 Brightline, the authority of an agency to protect, defend, and- 1605 indemnify Brightline for all liability, cost, and expense,- 1606 including punitive or exemplary damages, in excess of the self- 1607 insurance retention amount exists only if Brightline agrees,- 1608 with respect to such limited covered accident, to protect,- 1609 defend, and indemnify the agency for the amount of the self- 1610 insurance retention amount.- 1611 3. When only one train is involved in an incident and:- 1612 a. The train is an agency’s train, including an incident- 1613 with trespassers or at-grade crossings, the agency may be solely- 1614 responsible for any loss, injury, or damage.- 1615 b. The train is FECR’s train, including an incident with- 1616 trespassers or at-grade crossings, FECR is solely responsible- 1617 for any loss, injury, or damage, except for the agency’s- 1618 passengers and other rail corridor invitees, which are the- 1619 responsibility of the agency, and Brightline’s passengers and- 1620 other rail corridor invitees, which are the responsibility of- 1621 Brightline.- 1622 c. The train is Brightline’s train, including an incident- 1623 with trespassers or at-grade crossings, Brightline is solely- 1624 responsible for any loss, injury, or damage, except for the- 1625 agency’s passengers or rail corridor invitees, which are the- 1626 responsibility of the agency, and FECR’s rail corridor invitees,- 1627 which are the responsibility of FECR.- 1628 4. When an incident involves more than one operator, each- 1629 operator is responsible for:- 1630 a. Its property; passengers; employees, excluding employees- 1631 who are, at the time of the incident, rail corridor invitees of- 1632 another operator; and other rail corridor invitees.- 1633 b. Its proportionate share of any loss or damage to the- 1634 joint infrastructure.- 1635 c. Its proportionate share of any loss, injury, or damage- 1636 to:- 1637 (I) Rail corridor invitees who are not rail corridor- 1638 invitees of operators, provided that the agency shall always be- 1639 responsible for its passengers and its rail corridor invitees- 1640 regardless of whether the agency was involved in the incident.- 1641 (II) Trespassers or third parties outside the Coastal Link- 1642 corridor as a result of the incident.- 1643 5. Any such contractual duty to protect, defend, indemnify,- 1644 and hold harmless FECR or Brightline with respect to claims by- 1645 rail passengers shall expressly include a specific cap on the- 1646 amount of the contractual duty, which amount may not exceed $323- 1647 million per occurrence and shall be adjusted so that the per- 1648 occurrence insurance requirement is equal to the aggregate- 1649 allowable awards to all rail passengers, against all defendants,- 1650 for all claims, including claims for punitive damages, arising- 1651 from a single accident or incident in accordance with 49 U.S.C.- 1652 s. 28103, or any successor provision, without prior legislative- 1653 approval.- 1654 6. Notwithstanding any provision of this section to the- 1655 contrary, the liabilities of the agency to the state or any- 1656 other agency shall be as set forth in an agreement among such- 1657 entities and limited by s. 768.28(19).- 1658 (b) Purchase liability insurance, which amount may not- 1659 exceed $323 million per occurrence, which amount shall be- 1660 adjusted so that the per-occurrence insurance requirement is- 1661 equal to the aggregate allowable awards to all rail passengers,- 1662 against all defendants, for all claims, including claims for- 1663 punitive damages, arising from a single accident or incident in- 1664 accordance with 49 U.S.C. s. 28103, or any successor provision,- 1665 and establish a self-insurance retention fund for the purpose of- 1666 paying the deductible limit established in the insurance- 1667 policies it may obtain, including coverage for a county agency,- 1668 any freight rail operator as described in paragraph (a),- 1669 Brightline, commuter rail service providers, governmental- 1670 entities, or any ancillary development, which self-insurance- 1671 retention fund or deductible shall not exceed the self-insurance- 1672 retention amount.- 1673 1. Such insurance and self-insurance retention fund may- 1674 provide coverage for all damages, including, but not limited to,- 1675 compensatory, special, and exemplary, and be maintained to- 1676 provide an adequate fund to cover claims and liabilities for- 1677 loss, injury, or damage arising out of or connected with the- 1678 ownership, operation, maintenance, and management of the Coastal- 1679 Link corridor.- 1680 2. Any self-insured retention account shall be a segregated- 1681 account of the agency and shall be subject to the same- 1682 conditions, restrictions, exclusions, obligations, and duties- 1683 included in any and all of the policies of liability insurance- 1684 purchased under this paragraph.- 1685 3. Unless otherwise specifically provided by general law,- 1686 FECR and Brightline, and their respective officers, agents, and- 1687 employees, are not officers, agents, employees, or subdivisions- 1688 of the state and are not entitled to sovereign immunity.- 1689- 1690 Neither the assumption by contract to protect, defend,- 1691 indemnify, and hold harmless; the purchase of insurance; nor the- 1692 establishment of a self-insurance retention fund shall be deemed- 1693 to be a waiver of any defense of sovereign immunity for tort- 1694 claims or deemed to increase the limits of the agency’s- 1695 liability for tort claims as provided in s. 768.28.- 1696 Section 25. For the purpose of incorporating the amendment- 1697 made by this act to section 768.28, Florida Statutes, in a- 1698 reference thereto, paragraph (c) of subsection (4) of section- 1699 351.03, Florida Statutes, is reenacted to read:- 1700 351.03 Railroad-highway grade-crossing warning signs and- 1701 signals; audible warnings; exercise of reasonable care; blocking- 1702 highways, roads, and streets during darkness.—- 1703 (4)- 1704 (c) Nothing in this subsection shall be construed to- 1705 nullify the liability provisions of s. 768.28.- 1706 Section 26. For the purpose of incorporating the amendment- 1707 made by this act to section 768.28, Florida Statutes, in a- 1708 reference thereto, subsection (6) of section 373.1395, Florida- 1709 Statutes, is reenacted to read:- 1710 373.1395 Limitation on liability of water management- 1711 district with respect to areas made available to the public for- 1712 recreational purposes without charge.—- 1713 (6) This section does not relieve any water management- 1714 district of any liability that would otherwise exist for gross- 1715 negligence or a deliberate, willful, or malicious injury to a- 1716 person or property. This section does not create or increase the- 1717 liability of any water management district or person beyond that- 1718 which is authorized by s. 768.28.- 1719 Section 27. For the purpose of incorporating the amendment- 1720 made by this act to section 768.28, Florida Statutes, in a- 1721 reference thereto, paragraph (a) of subsection (3) of section- 1722 375.251, Florida Statutes, is reenacted to read:- 1723 375.251 Limitation on liability of persons making available- 1724 to public certain areas for recreational purposes without- 1725 charge.—- 1726 (3)(a) An owner of an area who enters into a written- 1727 agreement concerning the area with a state agency for outdoor- 1728 recreational purposes, where such agreement recognizes that the- 1729 state agency is responsible for personal injury, loss, or damage- 1730 resulting in whole or in part from the state agency’s use of the- 1731 area under the terms of the agreement subject to the limitations- 1732 and conditions specified in s. 768.28, owes no duty of care to- 1733 keep the area safe for entry or use by others, or to give- 1734 warning to persons entering or going on the area of any- 1735 hazardous conditions, structures, or activities thereon. An- 1736 owner who enters into a written agreement concerning the area- 1737 with a state agency for outdoor recreational purposes:- 1738 1. Is not presumed to extend any assurance that the area is- 1739 safe for any purpose;- 1740 2. Does not incur any duty of care toward a person who goes- 1741 on the area that is subject to the agreement; or- 1742 3. Is not liable or responsible for any injury to persons- 1743 or property caused by the act or omission of a person who goes- 1744 on the area that is subject to the agreement.- 1745 Section 28. For the purpose of incorporating the amendment- 1746 made by this act to section 768.28, Florida Statutes, in a- 1747 reference thereto, subsection (9) of section 381.0056, Florida- 1748 Statutes, is reenacted to read:- 1749 381.0056 School health services program.—- 1750 (9) Any health care entity that provides school health- 1751 services under contract with the department pursuant to a school- 1752 health services plan developed under this section, and as part- 1753 of a school nurse services public-private partnership, is deemed- 1754 to be a corporation acting primarily as an instrumentality of- 1755 the state solely for the purpose of limiting liability pursuant- 1756 to s. 768.28(5). The limitations on tort actions contained in s.- 1757 768.28(5) shall apply to any action against the entity with- 1758 respect to the provision of school health services, if the- 1759 entity is acting within the scope of and pursuant to guidelines- 1760 established in the contract or by rule of the department. The- 1761 contract must require the entity, or the partnership on behalf- 1762 of the entity, to obtain general liability insurance coverage,- 1763 with any additional endorsement necessary to insure the entity- 1764 for liability assumed by its contract with the department. The- 1765 Legislature intends that insurance be purchased by entities, or- 1766 by partnerships on behalf of the entity, to cover all liability- 1767 claims, and under no circumstances shall the state or the- 1768 department be responsible for payment of any claims or defense- 1769 costs for claims brought against the entity or its subcontractor- 1770 for services performed under the contract with the department.- 1771 This subsection does not preclude consideration by the- 1772 Legislature for payment by the state of any claims bill- 1773 involving an entity contracting with the department pursuant to- 1774 this section.- 1775 Section 29. For the purpose of incorporating the amendment- 1776 made by this act to section 768.28, Florida Statutes, in a- 1777 reference thereto, subsection (3) of section 393.075, Florida- 1778 Statutes, is reenacted to read:- 1779 393.075 General liability coverage.—- 1780 (3) This section shall not be construed as designating or- 1781 not designating that a person who owns or operates a foster care- 1782 facility or group home facility as described in this section or- 1783 any other person is an employee or agent of the state. Nothing- 1784 in this section amends, expands, or supersedes the provisions of- 1785 s. 768.28.- 1786 Section 30. For the purpose of incorporating the amendment- 1787 made by this act to section 768.28, Florida Statutes, in a- 1788 reference thereto, subsection (7) of section 394.9085, Florida- 1789 Statutes, is reenacted to read:- 1790 394.9085 Behavioral provider liability.—- 1791 (7) This section shall not be construed to waive sovereign- 1792 immunity for any governmental unit or other entity protected by- 1793 sovereign immunity. Section 768.28 shall continue to apply to- 1794 all governmental units and such entities.- 1795 Section 31. For the purpose of incorporating the amendment- 1796 made by this act to section 768.28, Florida Statutes, in a- 1797 reference thereto, paragraph (g) of subsection (10) of section- 1798 395.1055, Florida Statutes, is reenacted to read:- 1799 395.1055 Rules and enforcement.—- 1800 (10) The agency shall establish a pediatric cardiac- 1801 technical advisory panel, pursuant to s. 20.052, to develop- 1802 procedures and standards for measuring outcomes of pediatric- 1803 cardiac catheterization programs and pediatric cardiovascular- 1804 surgery programs.- 1805 (g) Panel members are agents of the state for purposes of- 1806 s. 768.28 throughout the good faith performance of the duties- 1807 assigned to them by the Secretary of Health Care Administration.- 1808 Section 32. For the purpose of incorporating the amendment- 1809 made by this act to section 768.28, Florida Statutes, in a- 1810 reference thereto, paragraph (c) of subsection (17) of section- 1811 403.706, Florida Statutes, is reenacted to read:- 1812 403.706 Local government solid waste responsibilities.—- 1813 (17) To effect the purposes of this part, counties and- 1814 municipalities are authorized, in addition to other powers- 1815 granted pursuant to this part:- 1816 (c) To waive sovereign immunity and immunity from suit in- 1817 federal court by vote of the governing body of the county or- 1818 municipality to the extent necessary to carry out the authority- 1819 granted in paragraphs (a) and (b), notwithstanding the- 1820 limitations prescribed in s. 768.28.- 1821 Section 33. For the purpose of incorporating the amendment- 1822 made by this act to section 768.28, Florida Statutes, in a- 1823 reference thereto, paragraph (b) of subsection (15) of section- 1824 409.175, Florida Statutes, is reenacted to read:- 1825 409.175 Licensure of family foster homes, residential- 1826 child-caring agencies, and child-placing agencies; public- 1827 records exemption.—- 1828 (15)- 1829 (b) This subsection may not be construed as designating or- 1830 not designating that a person who owns or operates a family- 1831 foster home as described in this subsection or any other person- 1832 is an employee or agent of the state. Nothing in this subsection- 1833 amends, expands, or supersedes the provisions of s. 768.28.- 1834 Section 34. For the purpose of incorporating the amendment- 1835 made by this act to section 768.28, Florida Statutes, in- 1836 references thereto, subsection (1), paragraph (a) of subsection- 1837 (2), and paragraph (a) of subsection (3) of section 409.993,- 1838 Florida Statutes, are reenacted to read:- 1839 409.993 Lead agencies and subcontractor liability.—- 1840 (1) FINDINGS.—- 1841 (a) The Legislature finds that the state has traditionally- 1842 provided foster care services to children who are the- 1843 responsibility of the state. As such, foster children have not- 1844 had the right to recover for injuries beyond the limitations- 1845 specified in s. 768.28. The Legislature has determined that- 1846 foster care and related services should be outsourced pursuant- 1847 to this section and that the provision of such services is of- 1848 paramount importance to the state. The purpose of such- 1849 outsourcing is to increase the level of safety, security, and- 1850 stability of children who are or become the responsibility of- 1851 the state. One of the components necessary to secure a safe and- 1852 stable environment for such children is the requirement that- 1853 private providers maintain liability insurance. As such,- 1854 insurance needs to be available and remain available to- 1855 nongovernmental foster care and related services providers- 1856 without the resources of such providers being significantly- 1857 reduced by the cost of maintaining such insurance.- 1858 (b) The Legislature further finds that, by requiring the- 1859 following minimum levels of insurance, children in outsourced- 1860 foster care and related services will gain increased protection- 1861 and rights of recovery in the event of injury than currently- 1862 provided in s. 768.28.- 1863 (2) LEAD AGENCY LIABILITY.—- 1864 (a) Other than an entity to which s. 768.28 applies, an- 1865 eligible community-based care lead agency, or its employees or- 1866 officers, except as otherwise provided in paragraph (b), shall,- 1867 as a part of its contract, obtain a minimum of $1 million per- 1868 occurrence with a policy period aggregate limit of $3 million in- 1869 general liability insurance coverage. The lead agency must also- 1870 require that staff who transport client children and families in- 1871 their personal automobiles in order to carry out their job- 1872 responsibilities obtain minimum bodily injury liability- 1873 insurance in the amount of $100,000 per person per any one- 1874 automobile accident, and subject to such limits for each person,- 1875 $300,000 for all damages resulting from any one automobile- 1876 accident, on their personal automobiles. In lieu of personal- 1877 motor vehicle insurance, the lead agency’s casualty, liability,- 1878 or motor vehicle insurance carrier may provide nonowned- 1879 automobile liability coverage. This insurance provides liability- 1880 insurance for an automobile that the lead agency uses in- 1881 connection with the lead agency’s business but does not own,- 1882 lease, rent, or borrow. This coverage includes an automobile- 1883 owned by an employee of the lead agency or a member of the- 1884 employee’s household but only while the automobile is used in- 1885 connection with the lead agency’s business. The nonowned- 1886 automobile coverage for the lead agency applies as excess- 1887 coverage over any other collectible insurance. The personal- 1888 automobile policy for the employee of the lead agency shall be- 1889 primary insurance, and the nonowned automobile coverage of the- 1890 lead agency acts as excess insurance to the primary insurance.- 1891 The lead agency shall provide a minimum limit of $1 million in- 1892 nonowned automobile coverage. In a tort action brought against- 1893 such a lead agency or employee, net economic damages shall be- 1894 limited to $2 million per liability claim and $200,000 per- 1895 automobile claim, including, but not limited to, past and future- 1896 medical expenses, wage loss, and loss of earning capacity,- 1897 offset by any collateral source payment paid or payable. In any- 1898 tort action brought against a lead agency, noneconomic damages- 1899 shall be limited to $400,000 per claim. A claims bill may be- 1900 brought on behalf of a claimant pursuant to s. 768.28 for any- 1901 amount exceeding the limits specified in this paragraph. Any- 1902 offset of collateral source payments made as of the date of the- 1903 settlement or judgment shall be in accordance with s. 768.76.- 1904 The lead agency is not liable in tort for the acts or omissions- 1905 of its subcontractors or the officers, agents, or employees of- 1906 its subcontractors.- 1907 (3) SUBCONTRACTOR LIABILITY.—- 1908 (a) A subcontractor of an eligible community-based care- 1909 lead agency that is a direct provider of foster care and related- 1910 services to children and families, and its employees or- 1911 officers, except as otherwise provided in paragraph (c), must,- 1912 as a part of its contract, obtain a minimum of $1 million per- 1913 occurrence with a policy period aggregate limit of $3 million in- 1914 general liability insurance coverage. The subcontractor of a- 1915 lead agency must also require that staff who transport client- 1916 children and families in their personal automobiles in order to- 1917 carry out their job responsibilities obtain minimum bodily- 1918 injury liability insurance in the amount of $100,000 per person- 1919 in any one automobile accident, and subject to such limits for- 1920 each person, $300,000 for all damages resulting from any one- 1921 automobile accident, on their personal automobiles. In lieu of- 1922 personal motor vehicle insurance, the subcontractor’s casualty,- 1923 liability, or motor vehicle insurance carrier may provide- 1924 nonowned automobile liability coverage. This insurance provides- 1925 liability insurance for automobiles that the subcontractor uses- 1926 in connection with the subcontractor’s business but does not- 1927 own, lease, rent, or borrow. This coverage includes automobiles- 1928 owned by the employees of the subcontractor or a member of the- 1929 employee’s household but only while the automobiles are used in- 1930 connection with the subcontractor’s business. The nonowned- 1931 automobile coverage for the subcontractor applies as excess- 1932 coverage over any other collectible insurance. The personal- 1933 automobile policy for the employee of the subcontractor shall be- 1934 primary insurance, and the nonowned automobile coverage of the- 1935 subcontractor acts as excess insurance to the primary insurance.- 1936 The subcontractor shall provide a minimum limit of $1 million in- 1937 nonowned automobile coverage. In a tort action brought against- 1938 such subcontractor or employee, net economic damages shall be- 1939 limited to $2 million per liability claim and $200,000 per- 1940 automobile claim, including, but not limited to, past and future- 1941 medical expenses, wage loss, and loss of earning capacity,- 1942 offset by any collateral source payment paid or payable. In a- 1943 tort action brought against such subcontractor, noneconomic- 1944 damages shall be limited to $400,000 per claim. A claims bill- 1945 may be brought on behalf of a claimant pursuant to s. 768.28 for- 1946 any amount exceeding the limits specified in this paragraph. Any- 1947 offset of collateral source payments made as of the date of the- 1948 settlement or judgment shall be in accordance with s. 768.76.- 1949 Section 35. For the purpose of incorporating the amendment- 1950 made by this act to section 768.28, Florida Statutes, in a- 1951 reference thereto, subsection (8) of section 420.504, Florida- 1952 Statutes, is reenacted to read:- 1953 420.504 Public corporation; creation, membership, terms,- 1954 expenses.—- 1955 (8) The corporation is a corporation primarily acting as an- 1956 instrumentality of the state, within the meaning of s. 768.28.- 1957 Section 36. For the purpose of incorporating the amendment- 1958 made by this act to section 768.28, Florida Statutes, in a- 1959 reference thereto, subsection (3) of section 455.221, Florida- 1960 Statutes, is reenacted to read:- 1961 455.221 Legal and investigative services.—- 1962 (3) Any person retained by the department under contract to- 1963 review materials, make site visits, or provide expert testimony- 1964 regarding any complaint or application filed with the department- 1965 relating to a profession under the jurisdiction of the- 1966 department shall be considered an agent of the department in- 1967 determining the state insurance coverage and sovereign immunity- 1968 protection applicability of ss. 284.31 and 768.28.- 1969 Section 37. For the purpose of incorporating the amendment- 1970 made by this act to section 768.28, Florida Statutes, in a- 1971 reference thereto, subsection (5) of section 455.32, Florida- 1972 Statutes, is reenacted to read:- 1973 455.32 Management Privatization Act.—- 1974 (5) Any such corporation may hire staff as necessary to- 1975 carry out its functions. Such staff are not public employees for- 1976 the purposes of chapter 110 or chapter 112, except that the- 1977 board of directors and the employees of the corporation are- 1978 subject to the provisions of s. 112.061 and part III of chapter- 1979 112. The provisions of s. 768.28 apply to each such corporation,- 1980 which is deemed to be a corporation primarily acting as an- 1981 instrumentality of the state but which is not an agency within- 1982 the meaning of s. 20.03(1).- 1983 Section 38. For the purpose of incorporating the amendment- 1984 made by this act to section 768.28, Florida Statutes, in a- 1985 reference thereto, subsection (3) of section 456.009, Florida- 1986 Statutes, is reenacted to read:- 1987 456.009 Legal and investigative services.—- 1988 (3) Any person retained by the department under contract to- 1989 review materials, make site visits, or provide expert testimony- 1990 regarding any complaint or application filed with the department- 1991 relating to a profession under the jurisdiction of the- 1992 department shall be considered an agent of the department in- 1993 determining the state insurance coverage and sovereign immunity- 1994 protection applicability of ss. 284.31 and 768.28.- 1995 Section 39. For the purpose of incorporating the amendment- 1996 made by this act to section 768.28, Florida Statutes, in a- 1997 reference thereto, paragraph (a) of subsection (15) of section- 1998 456.076, Florida Statutes, is reenacted to read:- 1999 456.076 Impaired practitioner programs.—- 2000 (15)(a) A consultant retained pursuant to this section and- 2001 a consultant’s directors, officers, employees, or agents shall- 2002 be considered agents of the department for purposes of s. 768.28- 2003 while acting within the scope of the consultant’s duties under- 2004 the contract with the department.- 2005 Section 40. For the purpose of incorporating the amendment- 2006 made by this act to section 768.28, Florida Statutes, in a- 2007 reference thereto, subsection (3) of section 471.038, Florida- 2008 Statutes, is reenacted to read:- 2009 471.038 Florida Engineers Management Corporation.—- 2010 (3) The Florida Engineers Management Corporation is created- 2011 to provide administrative, investigative, and prosecutorial- 2012 services to the board in accordance with the provisions of- 2013 chapter 455 and this chapter. The management corporation may- 2014 hire staff as necessary to carry out its functions. Such staff- 2015 are not public employees for the purposes of chapter 110 or- 2016 chapter 112, except that the board of directors and the staff- 2017 are subject to the provisions of s. 112.061. The provisions of- 2018 s. 768.28 apply to the management corporation, which is deemed- 2019 to be a corporation primarily acting as an instrumentality of- 2020 the state, but which is not an agency within the meaning of s.- 2021 20.03(1). The management corporation shall:- 2022 (a) Be a Florida corporation not for profit, incorporated- 2023 under the provisions of chapter 617.- 2024 (b) Provide administrative, investigative, and- 2025 prosecutorial services to the board in accordance with the- 2026 provisions of chapter 455, this chapter, and the contract- 2027 required by this section.- 2028 (c) Receive, hold, and administer property and make only- 2029 prudent expenditures directly related to the responsibilities of- 2030 the board, and in accordance with the contract required by this- 2031 section.- 2032 (d) Be approved by the board, and the department, to- 2033 operate for the benefit of the board and in the best interest of- 2034 the state.- 2035 (e) Operate under a fiscal year that begins on July 1 of- 2036 each year and ends on June 30 of the following year.- 2037 (f) Have a seven-member board of directors, five of whom- 2038 are to be appointed by the board and must be registrants- 2039 regulated by the board and two of whom are to be appointed by- 2040 the secretary and must be laypersons not regulated by the board.- 2041 All appointments shall be for 4-year terms. No member shall- 2042 serve more than two consecutive terms. Failure to attend three- 2043 consecutive meetings shall be deemed a resignation from the- 2044 board, and the vacancy shall be filled by a new appointment.- 2045 (g) Select its officers in accordance with its bylaws. The- 2046 members of the board of directors who were appointed by the- 2047 board may be removed by the board.- 2048 (h) Select the president of the management corporation, who- 2049 shall also serve as executive director to the board, subject to- 2050 approval of the board.- 2051 (i) Use a portion of the interest derived from the- 2052 management corporation account to offset the costs associated- 2053 with the use of credit cards for payment of fees by applicants- 2054 or licensees.- 2055 (j) Operate under a written contract with the department- 2056 which is approved by the board. The contract must provide for,- 2057 but is not limited to:- 2058 1. Submission by the management corporation of an annual- 2059 budget that complies with board rules for approval by the board- 2060 and the department.- 2061 2. Annual certification by the board and the department- 2062 that the management corporation is complying with the terms of- 2063 the contract in a manner consistent with the goals and purposes- 2064 of the board and in the best interest of the state. This- 2065 certification must be reported in the board’s minutes. The- 2066 contract must also provide for methods and mechanisms to resolve- 2067 any situation in which the certification process determines- 2068 noncompliance.- 2069 3. Funding of the management corporation through- 2070 appropriations allocated to the regulation of professional- 2071 engineers from the Professional Regulation Trust Fund.- 2072 4. The reversion to the board, or the state if the board- 2073 ceases to exist, of moneys, records, data, and property held in- 2074 trust by the management corporation for the benefit of the- 2075 board, if the management corporation is no longer approved to- 2076 operate for the board or the board ceases to exist. All records- 2077 and data in a computerized database shall be returned to the- 2078 department in a form that is compatible with the computerized- 2079 database of the department.- 2080 5. The securing and maintaining by the management- 2081 corporation, during the term of the contract and for all acts- 2082 performed during the term of the contract, of all liability- 2083 insurance coverages in an amount to be approved by the board to- 2084 defend, indemnify, and hold harmless the management corporation- 2085 and its officers and employees, the department and its- 2086 employees, and the state against all claims arising from state- 2087 and federal laws. Such insurance coverage must be with insurers- 2088 qualified and doing business in the state. The management- 2089 corporation must provide proof of insurance to the department.- 2090 The department and its employees and the state are exempt from- 2091 and are not liable for any sum of money which represents a- 2092 deductible, which sums shall be the sole responsibility of the- 2093 management corporation. Violation of this subparagraph shall be- 2094 grounds for terminating the contract.- 2095 6. Payment by the management corporation, out of its- 2096 allocated budget, to the department of all costs of- 2097 representation by the board counsel, including salary and- 2098 benefits, travel, and any other compensation traditionally paid- 2099 by the department to other board counsel.- 2100 7. Payment by the management corporation, out of its- 2101 allocated budget, to the department of all costs incurred by the- 2102 management corporation or the board for the Division of- 2103 Administrative Hearings of the Department of Management Services- 2104 and any other cost for utilization of these state services.- 2105 8. Payment by the management corporation, out of its- 2106 allocated budget, to the department of reasonable costs- 2107 associated with the contract monitor.- 2108 (k) Provide for an annual financial audit of its financial- 2109 accounts and records by an independent certified public- 2110 accountant. The annual audit report shall include a management- 2111 letter in accordance with s. 11.45 and a detailed supplemental- 2112 schedule of expenditures for each expenditure category. The- 2113 annual audit report must be submitted to the board, the- 2114 department, and the Auditor General for review.- 2115 (l) Provide for persons not employed by the corporation who- 2116 are charged with the responsibility of receiving and depositing- 2117 fee and fine revenues to have a faithful performance bond in- 2118 such an amount and according to such terms as shall be- 2119 determined in the contract.- 2120 (m) Submit to the secretary, the board, and the- 2121 Legislature, on or before October 1 of each year, a report on- 2122 the status of the corporation which includes, but is not limited- 2123 to, information concerning the programs and funds that have been- 2124 transferred to the corporation. The report must include: the- 2125 number of license applications received; the number approved and- 2126 denied and the number of licenses issued; the number of- 2127 examinations administered and the number of applicants who- 2128 passed or failed the examination; the number of complaints- 2129 received; the number determined to be legally sufficient; the- 2130 number dismissed; the number determined to have probable cause;- 2131 the number of administrative complaints issued and the status of- 2132 the complaints; and the number and nature of disciplinary- 2133 actions taken by the board.- 2134 (n) Develop and submit to the department, performance- 2135 standards and measurable outcomes for the board to adopt by rule- 2136 in order to facilitate efficient and cost-effective regulation.- 2137 Section 41. For the purpose of incorporating the amendment- 2138 made by this act to section 768.28, Florida Statutes, in a- 2139 reference thereto, paragraph (b) of subsection (11) of section- 2140 472.006, Florida Statutes, is reenacted to read:- 2141 472.006 Department; powers and duties.—The department- 2142 shall:- 2143 (11) Provide legal counsel for the board by contracting- 2144 with the Department of Legal Affairs, by retaining private- 2145 counsel pursuant to s. 287.059, or by providing department staff- 2146 counsel. The board shall periodically review and evaluate the- 2147 services provided by its board counsel. Fees and costs of such- 2148 counsel shall be paid from the General Inspection Trust Fund,- 2149 subject to ss. 215.37 and 472.011. All contracts for independent- 2150 legal counsel must provide for periodic review and evaluation by- 2151 the board and the department of services provided.- 2152 (b) Any person retained by the department under contract to- 2153 review materials, make site visits, or provide expert testimony- 2154 regarding any complaint or application filed with the department- 2155 relating to the practice of surveying and mapping shall be- 2156 considered an agent of the department in determining the state- 2157 insurance coverage and sovereign immunity protection- 2158 applicability of ss. 284.31 and 768.28.- 2159 Section 42. For the purpose of incorporating the amendment- 2160 made by this act to section 768.28, Florida Statutes, in a- 2161 reference thereto, subsection (7) of section 497.167, Florida- 2162 Statutes, is reenacted to read:- 2163 497.167 Administrative matters.—- 2164 (7) Any person retained by the department under contract to- 2165 review materials, make site visits, or provide expert testimony- 2166 regarding any complaint or application filed with the- 2167 department, relating to regulation under this chapter, shall be- 2168 considered an agent of the department in determining the state- 2169 insurance coverage and sovereign immunity protection- 2170 applicability of ss. 284.31 and 768.28.- 2171 Section 43. For the purpose of incorporating the amendment- 2172 made by this act to section 768.28, Florida Statutes, in a- 2173 reference thereto, subsection (2) of section 513.118, Florida- 2174 Statutes, is reenacted to read:- 2175 513.118 Conduct on premises; refusal of service.—- 2176 (2) The operator of a recreational vehicle park may request- 2177 that a transient guest or visitor who violates subsection (1)- 2178 leave the premises immediately. A person who refuses to leave- 2179 the premises commits the offense of trespass as provided in s.- 2180 810.08, and the operator may call a law enforcement officer to- 2181 have the person and his or her property removed under the- 2182 supervision of the officer. A law enforcement officer is not- 2183 liable for any claim involving the removal of the person or- 2184 property from the recreational vehicle park under this section,- 2185 except as provided in s. 768.28. If conditions do not allow for- 2186 immediate removal of the person’s property, he or she may- 2187 arrange a reasonable time, not to exceed 48 hours, with the- 2188 operator to come remove the property, accompanied by a law- 2189 enforcement officer.- 2190 Section 44. For the purpose of incorporating the amendment- 2191 made by this act to section 768.28, Florida Statutes, in a- 2192 reference thereto, subsection (1) of section 548.046, Florida- 2193 Statutes, is reenacted to read:- 2194 548.046 Physician’s attendance at match; examinations;- 2195 cancellation of match.—- 2196 (1) The commission, or the commission representative, shall- 2197 assign to each match at least one physician who shall observe- 2198 the physical condition of the participants and advise the- 2199 commissioner or commission representative in charge and the- 2200 referee of the participants’ conditions before, during, and- 2201 after the match. The commission shall establish a schedule of- 2202 fees for the physician’s services. The physician’s fee shall be- 2203 paid by the promoter of the match attended by the physician. The- 2204 physician shall be considered an agent of the commission in- 2205 determining the state insurance coverage and sovereign immunity- 2206 protection applicability of ss. 284.31 and 768.28.- 2207 Section 45. For the purpose of incorporating the amendment- 2208 made by this act to section 768.28, Florida Statutes, in a- 2209 reference thereto, subsection (8) of section 556.106, Florida- 2210 Statutes, is reenacted to read:- 2211 556.106 Liability of the member operator, excavator, and- 2212 system.—- 2213 (8) Any liability of the state, its agencies, or its- 2214 subdivisions which arises out of this chapter is subject to the- 2215 provisions of s. 768.28.- 2216 Section 46. For the purpose of incorporating the amendment- 2217 made by this act to section 768.28, Florida Statutes, in a- 2218 reference thereto, paragraph (e) of subsection (4) of section- 2219 589.19, Florida Statutes, is reenacted to read:- 2220 589.19 Creation of certain state forests; naming of certain- 2221 state forests; Operation Outdoor Freedom Program.—- 2222 (4)- 2223 (e)1. A private landowner who provides land for designation- 2224 and use as an Operation Outdoor Freedom Program hunting site- 2225 shall have limited liability pursuant to s. 375.251.- 2226 2. A private landowner who consents to the designation and- 2227 use of land as part of the Operation Outdoor Freedom Program- 2228 without compensation shall be considered a volunteer, as defined- 2229 in s. 110.501, and shall be covered by state liability- 2230 protection pursuant to s. 768.28, including s. 768.28(9).- 2231 3. This subsection does not:- 2232 a. Relieve any person of liability that would otherwise- 2233 exist for deliberate, willful, or malicious injury to persons or- 2234 property.- 2235 b. Create or increase the liability of any person.- 2236 Section 47. For the purpose of incorporating the amendment- 2237 made by this act to section 768.28, Florida Statutes, in- 2238 references thereto, subsections (3) and (4) of section 627.7491,- 2239 Florida Statutes, are reenacted to read:- 2240 627.7491 Official law enforcement vehicles; motor vehicle- 2241 insurance requirements.—- 2242 (3) Any suit or action brought or maintained against an- 2243 employing agency for damages arising out of tort pursuant to- 2244 this section, including, without limitation, any claim arising- 2245 upon account of an act causing loss of property, personal- 2246 injury, or death, shall be subject to the limitations provided- 2247 in s. 768.28(5).- 2248 (4) The requirements of this section may be met by any- 2249 method authorized by s. 768.28(16).- 2250 Section 48. For the purpose of incorporating the amendment- 2251 made by this act to section 768.28, Florida Statutes, in a- 2252 reference thereto, paragraph (c) of subsection (2) of section- 2253 723.0611, Florida Statutes, is reenacted to read:- 2254 723.0611 Florida Mobile Home Relocation Corporation.—- 2255 (2)- 2256 (c) The corporation shall, for purposes of s. 768.28, be- 2257 considered an agency of the state. Agents or employees of the- 2258 corporation, members of the board of directors of the- 2259 corporation, or representatives of the Division of Florida- 2260 Condominiums, Timeshares, and Mobile Homes shall be considered- 2261 officers, employees, or agents of the state, and actions against- 2262 them and the corporation shall be governed by s. 768.28.- 2263 Section 49. For the purpose of incorporating the amendment- 2264 made by this act to section 768.28, Florida Statutes, in a- 2265 reference thereto, subsection (5) of section 760.11, Florida- 2266 Statutes, is reenacted to read:- 2267 760.11 Administrative and civil remedies; construction.—- 2268 (5) In any civil action brought under this section, the- 2269 court may issue an order prohibiting the discriminatory practice- 2270 and providing affirmative relief from the effects of the- 2271 practice, including back pay. The court may also award- 2272 compensatory damages, including, but not limited to, damages for- 2273 mental anguish, loss of dignity, and any other intangible- 2274 injuries, and punitive damages. The provisions of ss. 768.72 and- 2275 768.73 do not apply to this section. The judgment for the total- 2276 amount of punitive damages awarded under this section to an- 2277 aggrieved person shall not exceed $100,000. In any action or- 2278 proceeding under this subsection, the court, in its discretion,- 2279 may allow the prevailing party a reasonable attorney’s fee as- 2280 part of the costs. It is the intent of the Legislature that this- 2281 provision for attorney’s fees be interpreted in a manner- 2282 consistent with federal case law involving a Title VII action.- 2283 The right to trial by jury is preserved in any such private- 2284 right of action in which the aggrieved person is seeking- 2285 compensatory or punitive damages, and any party may demand a- 2286 trial by jury. The commission’s determination of reasonable- 2287 cause is not admissible into evidence in any civil proceeding,- 2288 including any hearing or trial, except to establish for the- 2289 court the right to maintain the private right of action. A civil- 2290 action brought under this section shall be commenced no later- 2291 than 1 year after the date of determination of reasonable cause- 2292 by the commission. The commencement of such action shall divest- 2293 the commission of jurisdiction of the complaint, except that the- 2294 commission may intervene in the civil action as a matter of- 2295 right. Notwithstanding the above, the state and its agencies and- 2296 subdivisions shall not be liable for punitive damages. The total- 2297 amount of recovery against the state and its agencies and- 2298 subdivisions shall not exceed the limitation as set forth in s.- 2299 768.28(5).- 2300 Section 50. For the purpose of incorporating the amendment- 2301 made by this act to section 768.28, Florida Statutes, in a- 2302 reference thereto, subsection (4) of section 766.1115, Florida- 2303 Statutes, is reenacted to read:- 2304 766.1115 Health care providers; creation of agency- 2305 relationship with governmental contractors.—- 2306 (4) CONTRACT REQUIREMENTS.—A health care provider that- 2307 executes a contract with a governmental contractor to deliver- 2308 health care services on or after April 17, 1992, as an agent of- 2309 the governmental contractor is an agent for purposes of s.- 2310 768.28(9), while acting within the scope of duties under the- 2311 contract, if the contract complies with the requirements of this- 2312 section and regardless of whether the individual treated is- 2313 later found to be ineligible. A health care provider shall- 2314 continue to be an agent for purposes of s. 768.28(9) for 30 days- 2315 after a determination of ineligibility to allow for treatment- 2316 until the individual transitions to treatment by another health- 2317 care provider. A health care provider under contract with the- 2318 state may not be named as a defendant in any action arising out- 2319 of medical care or treatment provided on or after April 17,- 2320 1992, under contracts entered into under this section. The- 2321 contract must provide that:- 2322 (a) The right of dismissal or termination of any health- 2323 care provider delivering services under the contract is retained- 2324 by the governmental contractor.- 2325 (b) The governmental contractor has access to the patient- 2326 records of any health care provider delivering services under- 2327 the contract.- 2328 (c) Adverse incidents and information on treatment outcomes- 2329 must be reported by any health care provider to the governmental- 2330 contractor if the incidents and information pertain to a patient- 2331 treated under the contract. The health care provider shall- 2332 submit the reports required by s. 395.0197. If an incident- 2333 involves a professional licensed by the Department of Health or- 2334 a facility licensed by the Agency for Health Care- 2335 Administration, the governmental contractor shall submit such- 2336 incident reports to the appropriate department or agency, which- 2337 shall review each incident and determine whether it involves- 2338 conduct by the licensee that is subject to disciplinary action.- 2339 All patient medical records and any identifying information- 2340 contained in adverse incident reports and treatment outcomes- 2341 which are obtained by governmental entities under this paragraph- 2342 are confidential and exempt from the provisions of s. 119.07(1)- 2343 and s. 24(a), Art. I of the State Constitution.- 2344 (d) Patient selection and initial referral must be made by- 2345 the governmental contractor or the provider. Patients may not be- 2346 transferred to the provider based on a violation of the- 2347 antidumping provisions of the Omnibus Budget Reconciliation Act- 2348 of 1989, the Omnibus Budget Reconciliation Act of 1990, or- 2349 chapter 395.- 2350 (e) If emergency care is required, the patient need not be- 2351 referred before receiving treatment, but must be referred within- 2352 48 hours after treatment is commenced or within 48 hours after- 2353 the patient has the mental capacity to consent to treatment,- 2354 whichever occurs later.- 2355 (f) The provider is subject to supervision and regular- 2356 inspection by the governmental contractor.- 2357 (g) As an agent of the governmental contractor for purposes- 2358 of s. 768.28(9), while acting within the scope of duties under- 2359 the contract, a health care provider licensed under chapter 466- 2360 may allow a patient, or a parent or guardian of the patient, to- 2361 voluntarily contribute a monetary amount to cover costs of- 2362 dental laboratory work related to the services provided to the- 2363 patient. This contribution may not exceed the actual cost of the- 2364 dental laboratory charges.- 2365- 2366 A governmental contractor that is also a health care provider is- 2367 not required to enter into a contract under this section with- 2368 respect to the health care services delivered by its employees.- 2369 Section 51. For the purpose of incorporating the amendment- 2370 made by this act to section 768.28, Florida Statutes, in a- 2371 reference thereto, subsection (2) of section 766.112, Florida- 2372 Statutes, is reenacted to read:- 2373 766.112 Comparative fault.—- 2374 (2) In an action for damages for personal injury or- 2375 wrongful death arising out of medical negligence, whether in- 2376 contract or tort, when an apportionment of damages pursuant to- 2377 s. 768.81 is attributed to a board of trustees of a state- 2378 university, the court shall enter judgment against the board of- 2379 trustees on the basis of the board’s percentage of fault and not- 2380 on the basis of the doctrine of joint and several liability. The- 2381 sole remedy available to a claimant to collect a judgment or- 2382 settlement against a board of trustees, subject to the- 2383 provisions of this subsection, shall be pursuant to s. 768.28.- 2384 Section 52. For the purpose of incorporating the amendment- 2385 made by this act to section 768.28, Florida Statutes, in a- 2386 reference thereto, subsection (3) of section 768.1355, Florida- 2387 Statutes, is reenacted to read:- 2388 768.1355 Florida Volunteer Protection Act.—- 2389 (3) Members of elected or appointed boards, councils, and- 2390 commissions of the state, counties, municipalities, authorities,- 2391 and special districts shall incur no civil liability and shall- 2392 have immunity from suit as provided in s. 768.28 for acts or- 2393 omissions by members relating to members’ conduct of their- 2394 official duties. It is the intent of the Legislature to- 2395 encourage our best and brightest people to serve on elected and- 2396 appointed boards, councils, and commissions.- 2397 Section 53. For the purpose of incorporating the amendment- 2398 made by this act to section 768.28, Florida Statutes, in a- 2399 reference thereto, subsection (7) of section 768.1382, Florida- 2400 Statutes, is reenacted to read:- 2401 768.1382 Streetlights, security lights, and other similar- 2402 illumination; limitation on liability.—- 2403 (7) In the event that there is any conflict between this- 2404 section and s. 768.81, or any other section of the Florida- 2405 Statutes, this section shall control. Further, nothing in this- 2406 section shall impact or waive any provision of s. 768.28.- 2407 Section 54. For the purpose of incorporating the amendment- 2408 made by this act to section 768.28, Florida Statutes, in a- 2409 reference thereto, subsection (4) of section 768.295, Florida- 2410 Statutes, is reenacted to read:- 2411 768.295 Strategic Lawsuits Against Public Participation- 2412 (SLAPP) prohibited.—- 2413 (4) A person or entity sued by a governmental entity or- 2414 another person in violation of this section has a right to an- 2415 expeditious resolution of a claim that the suit is in violation- 2416 of this section. A person or entity may move the court for an- 2417 order dismissing the action or granting final judgment in favor- 2418 of that person or entity. The person or entity may file a motion- 2419 for summary judgment, together with supplemental affidavits,- 2420 seeking a determination that the claimant’s or governmental- 2421 entity’s lawsuit has been brought in violation of this section.- 2422 The claimant or governmental entity shall thereafter file a- 2423 response and any supplemental affidavits. As soon as- 2424 practicable, the court shall set a hearing on the motion, which- 2425 shall be held at the earliest possible time after the filing of- 2426 the claimant’s or governmental entity’s response. The court may- 2427 award, subject to the limitations in s. 768.28, the party sued- 2428 by a governmental entity actual damages arising from a- 2429 governmental entity’s violation of this section. The court shall- 2430 award the prevailing party reasonable attorney fees and costs- 2431 incurred in connection with a claim that an action was filed in- 2432 violation of this section.- 2433 Section 55. For the purpose of incorporating the amendment- 2434 made by this act to section 768.28, Florida Statutes, in a- 2435 reference thereto, section 946.5026, Florida Statutes, is- 2436 reenacted to read:- 2437 946.5026 Sovereign immunity in tort actions.—The provisions- 2438 of s. 768.28 shall be applicable to the corporation established- 2439 under this part, which is deemed to be a corporation primarily- 2440 acting as an instrumentality of the state.- 2441 Section 56. For the purpose of incorporating the amendment- 2442 made by this act to section 768.28, Florida Statutes, in a- 2443 reference thereto, subsection (3) of section 946.514, Florida- 2444 Statutes, is reenacted to read:- 2445 946.514 Civil rights of inmates; inmates not state- 2446 employees; liability of corporation for inmate injuries.—- 2447 (3) The corporation is liable for inmate injury to the- 2448 extent specified in s. 768.28; however, the members of the board- 2449 of directors are not individually liable to any inmate for any- 2450 injury sustained in any correctional work program operated by- 2451 the corporation.- 2452 Section 57. For the purpose of incorporating the amendment- 2453 made by this act to section 768.28, Florida Statutes, in a- 2454 reference thereto, subsection (8) of section 961.06, Florida- 2455 Statutes, is reenacted to read:- 2456 961.06 Compensation for wrongful incarceration.—- 2457 (8) Any payment made under this act does not constitute a- 2458 waiver of any defense of sovereign immunity or an increase in- 2459 the limits of liability on behalf of the state or any person- 2460 subject to s. 768.28 or any other law.- 2461 Section 58. For the purpose of incorporating the amendment- 2462 made by this act to section 768.28, Florida Statutes, in a- 2463 reference thereto, subsection (3) of section 984.09, Florida- 2464 Statutes, is reenacted to read:- 2465 984.09 Punishment for contempt of court; alternative- 2466 sanctions.—- 2467 (3) ALTERNATIVE SANCTIONS.—Upon determining that a child- 2468 has committed direct contempt of court or indirect contempt of a- 2469 valid court order, the court may immediately request the circuit- 2470 alternative sanctions coordinator to recommend the most- 2471 appropriate available alternative sanction and shall order the- 2472 child to perform up to 50 hours of community service or a- 2473 similar alternative sanction, unless an alternative sanction is- 2474 unavailable or inappropriate, or unless the child has failed to- 2475 comply with a prior alternative sanction. Alternative contempt- 2476 sanctions may be provided by local industry or by any nonprofit- 2477 organization or any public or private business or service entity- 2478 that has entered into a contract with the department to act as- 2479 an agent of the state to provide voluntary supervision of- 2480 children on behalf of the state in exchange for the labor of- 2481 children and limited immunity in accordance with s. 768.28(11).- 2482 Section 59. For the purpose of incorporating the amendment- 2483 made by this act to section 768.28, Florida Statutes, in a- 2484 reference thereto, paragraph (h) of subsection (12) of section- 2485 1002.33, Florida Statutes, is reenacted to read:- 2486 1002.33 Charter schools.—- 2487 (12) EMPLOYEES OF CHARTER SCHOOLS.—- 2488 (h) For the purposes of tort liability, the charter school,- 2489 including its governing body and employees, shall be governed by- 2490 s. 768.28. This paragraph does not include any for-profit entity- 2491 contracted by the charter school or its governing body.- 2492 Section 60. For the purpose of incorporating the amendment- 2493 made by this act to section 768.28, Florida Statutes, in a- 2494 reference thereto, paragraph (b) of subsection (6) of section- 2495 1002.333, Florida Statutes, is reenacted to read:- 2496 1002.333 Persistently low-performing schools.—- 2497 (6) STATUTORY AUTHORITY.—- 2498 (b) For the purposes of tort liability, the hope operator,- 2499 the school of hope, and its employees or agents shall be- 2500 governed by s. 768.28. The sponsor shall not be liable for civil- 2501 damages under state law for the employment actions or personal- 2502 injury, property damage, or death resulting from an act or- 2503 omission of a hope operator, the school of hope, or its- 2504 employees or agents. This paragraph does not include any for- 2505 profit entity contracted by the charter school or its governing- 2506 body.- 2507 Section 61. For the purpose of incorporating the amendment- 2508 made by this act to section 768.28, Florida Statutes, in a- 2509 reference thereto, subsection (17) of section 1002.34, Florida- 2510 Statutes, is reenacted to read:- 2511 1002.34 Charter technical career centers.—- 2512 (17) IMMUNITY.—For the purposes of tort liability, the- 2513 governing body and employees of a center are governed by s.- 2514 768.28.- 2515 Section 62. For the purpose of incorporating the amendment- 2516 made by this act to section 768.28, Florida Statutes, in a- 2517 reference thereto, subsection (2) of section 1002.37, Florida- 2518 Statutes, is reenacted to read:- 2519 1002.37 The Florida Virtual School.—- 2520 (2) The Florida Virtual School shall be governed by a board- 2521 of trustees comprised of seven members appointed by the Governor- 2522 to 4-year staggered terms. The board of trustees shall be a- 2523 public agency entitled to sovereign immunity pursuant to s.- 2524 768.28, and board members shall be public officers who shall- 2525 bear fiduciary responsibility for the Florida Virtual School.- 2526 The board of trustees shall have the following powers and- 2527 duties:- 2528 (a)1. The board of trustees shall meet at least 4 times- 2529 each year, upon the call of the chair, or at the request of a- 2530 majority of the membership.- 2531 2. The fiscal year for the Florida Virtual School shall be- 2532 the state fiscal year as provided in s. 216.011(1)(q).- 2533 (b) The board of trustees shall be responsible for the- 2534 Florida Virtual School’s development of a state-of-the-art- 2535 technology-based education delivery system that is cost- 2536 effective, educationally sound, marketable, and capable of- 2537 sustaining a self-sufficient delivery system through the Florida- 2538 Education Finance Program.- 2539 (c) The board of trustees shall aggressively seek avenues- 2540 to generate revenue to support its future endeavors, and shall- 2541 enter into agreements with distance learning providers. The- 2542 board of trustees may acquire, enjoy, use, and dispose of- 2543 patents, copyrights, and trademarks and any licenses and other- 2544 rights or interests thereunder or therein. Ownership of all such- 2545 patents, copyrights, trademarks, licenses, and rights or- 2546 interests thereunder or therein shall vest in the state, with- 2547 the board of trustees having full right of use and full right to- 2548 retain the revenues derived therefrom. Any funds realized from- 2549 patents, copyrights, trademarks, or licenses shall be considered- 2550 internal funds as provided in s. 1011.07. Such funds shall be- 2551 used to support the school’s marketing and research and- 2552 development activities in order to improve courseware and- 2553 services to its students.- 2554 (d) The board of trustees shall be responsible for the- 2555 administration and control of all local school funds derived- 2556 from all activities or sources and shall prescribe the- 2557 principles and procedures to be followed in administering these- 2558 funds.- 2559 (e) The Florida Virtual School may accrue supplemental- 2560 revenue from supplemental support organizations, which include,- 2561 but are not limited to, alumni associations, foundations,- 2562 parent-teacher associations, and booster associations. The- 2563 governing body of each supplemental support organization shall- 2564 recommend the expenditure of moneys collected by the- 2565 organization for the benefit of the school. Such expenditures- 2566 shall be contingent upon the review of the executive director.- 2567 The executive director may override any proposed expenditure of- 2568 the organization that would violate Florida law or breach sound- 2569 educational management.- 2570 (f) In accordance with law and rules of the State Board of- 2571 Education, the board of trustees shall administer and maintain- 2572 personnel programs for all employees of the board of trustees- 2573 and the Florida Virtual School. The board of trustees may adopt- 2574 rules, policies, and procedures related to the appointment,- 2575 employment, and removal of personnel.- 2576 1. The board of trustees shall determine the compensation,- 2577 including salaries and fringe benefits, and other conditions of- 2578 employment for such personnel.- 2579 2. The board of trustees may establish and maintain a- 2580 personnel loan or exchange program by which persons employed by- 2581 the board of trustees for the Florida Virtual School as academic- 2582 administrative and instructional staff may be loaned to, or- 2583 exchanged with persons employed in like capacities by, public- 2584 agencies either within or without this state, or by private- 2585 industry. With respect to public agency employees, the program- 2586 authorized by this subparagraph shall be consistent with the- 2587 requirements of part II of chapter 112. The salary and benefits- 2588 of board of trustees personnel participating in the loan or- 2589 exchange program shall be continued during the period of time- 2590 they participate in a loan or exchange program, and such- 2591 personnel shall be deemed to have no break in creditable or- 2592 continuous service or employment during such time. The salary- 2593 and benefits of persons participating in the personnel loan or- 2594 exchange program who are employed by public agencies or private- 2595 industry shall be paid by the originating employers of those- 2596 participants, and such personnel shall be deemed to have no- 2597 break in creditable or continuous service or employment during- 2598 such time.- 2599 3. The employment of all Florida Virtual School academic- 2600 administrative and instructional personnel shall be subject to- 2601 rejection for cause by the board of trustees, and shall be- 2602 subject to policies of the board of trustees relative to- 2603 certification, tenure, leaves of absence, sabbaticals,- 2604 remuneration, and such other conditions of employment as the- 2605 board of trustees deems necessary and proper, not inconsistent- 2606 with law.- 2607 4. Each person employed by the board of trustees in an- 2608 academic administrative or instructional capacity with the- 2609 Florida Virtual School shall be entitled to a contract as- 2610 provided by rules of the board of trustees.- 2611 5. All employees except temporary, seasonal, and student- 2612 employees may be state employees for the purpose of being- 2613 eligible to participate in the Florida Retirement System and- 2614 receive benefits. The classification and pay plan, including- 2615 terminal leave and other benefits, and any amendments thereto,- 2616 shall be subject to review and approval by the Department of- 2617 Management Services and the Executive Office of the Governor- 2618 prior to adoption.- 2619 (g) The board of trustees shall establish priorities for- 2620 admission of students in accordance with paragraph (1)(b).- 2621 (h) The board of trustees shall establish and distribute to- 2622 all school districts and high schools in the state procedures- 2623 for enrollment of students in courses offered by the Florida- 2624 Virtual School.- 2625 (i) The board of trustees shall establish criteria defining- 2626 the elements of an approved franchise. The board of trustees may- 2627 enter into franchise agreements with Florida district school- 2628 boards and may establish the terms and conditions governing such- 2629 agreements. The board of trustees shall establish the- 2630 performance and accountability measures and report the- 2631 performance of each school district franchise to the- 2632 Commissioner of Education.- 2633 (j) The board of trustees shall submit to the State Board- 2634 of Education both forecasted and actual enrollments and credit- 2635 completions for the Florida Virtual School, according to- 2636 procedures established by the State Board of Education. At a- 2637 minimum, such procedures must include the number of public,- 2638 private, and home education students served by program and by- 2639 county of residence.- 2640 (k) The board of trustees shall provide for the content and- 2641 custody of student and employee personnel records. Student- 2642 records shall be subject to the provisions of s. 1002.22.- 2643 Employee records shall be subject to the provisions of s.- 2644 1012.31.- 2645 (l) The financial records and accounts of the Florida- 2646 Virtual School shall be maintained under the direction of the- 2647 board of trustees and under rules adopted by the State Board of- 2648 Education for the uniform system of financial records and- 2649 accounts for the schools of the state.- 2650- 2651 The Governor shall designate the initial chair of the board of- 2652 trustees to serve a term of 4 years. Members of the board of- 2653 trustees shall serve without compensation, but may be reimbursed- 2654 for per diem and travel expenses pursuant to s. 112.061. The- 2655 board of trustees shall be a body corporate with all the powers- 2656 of a body corporate and such authority as is needed for the- 2657 proper operation and improvement of the Florida Virtual School.- 2658 The board of trustees is specifically authorized to adopt rules,- 2659 policies, and procedures, consistent with law and rules of the- 2660 State Board of Education related to governance, personnel,- 2661 budget and finance, administration, programs, curriculum and- 2662 instruction, travel and purchasing, technology, students,- 2663 contracts and grants, and property as necessary for optimal,- 2664 efficient operation of the Florida Virtual School. Tangible- 2665 personal property owned by the board of trustees shall be- 2666 subject to the provisions of chapter 273.- 2667 Section 63. For the purpose of incorporating the amendment- 2668 made by this act to section 768.28, Florida Statutes, in a- 2669 reference thereto, paragraph (l) of subsection (3) of section- 2670 1002.55, Florida Statutes, is reenacted to read:- 2671 1002.55 School-year prekindergarten program delivered by- 2672 private prekindergarten providers.—- 2673 (3) To be eligible to deliver the prekindergarten program,- 2674 a private prekindergarten provider must meet each of the- 2675 following requirements:- 2676 (l) Notwithstanding paragraph (j), for a private- 2677 prekindergarten provider that is a state agency or a subdivision- 2678 thereof, as defined in s. 768.28(2), the provider must agree to- 2679 notify the coalition of any additional liability coverage- 2680 maintained by the provider in addition to that otherwise- 2681 established under s. 768.28. The provider shall indemnify the- 2682 coalition to the extent permitted by s. 768.28. Notwithstanding- 2683 paragraph (j), for a child development program that is- 2684 accredited by a national accrediting body and operates on a- 2685 military installation that is certified by the United States- 2686 Department of Defense, the provider may demonstrate liability- 2687 coverage by affirming that it is subject to the Federal Tort- 2688 Claims Act, 28 U.S.C. ss. 2671 et seq.- 2689 Section 64. For the purpose of incorporating the amendment- 2690 made by this act to section 768.28, Florida Statutes, in a- 2691 reference thereto, subsection (10) of section 1002.83, Florida- 2692 Statutes, is reenacted to read:- 2693 1002.83 Early learning coalitions.—- 2694 (10) For purposes of tort liability, each member or- 2695 employee of an early learning coalition shall be governed by s.- 2696 768.28.- 2697 Section 65. For the purpose of incorporating the amendment- 2698 made by this act to section 768.28, Florida Statutes, in a- 2699 reference thereto, paragraph (p) of subsection (1) of section- 2700 1002.88, Florida Statutes, is reenacted to read:- 2701 1002.88 School readiness program provider standards;- 2702 eligibility to deliver the school readiness program.—- 2703 (1) To be eligible to deliver the school readiness program,- 2704 a school readiness program provider must:- 2705 (p) Notwithstanding paragraph (m), for a provider that is a- 2706 state agency or a subdivision thereof, as defined in s.- 2707 768.28(2), agree to notify the coalition of any additional- 2708 liability coverage maintained by the provider in addition to- 2709 that otherwise established under s. 768.28. The provider shall- 2710 indemnify the coalition to the extent permitted by s. 768.28.- 2711 Notwithstanding paragraph (m), for a child development program- 2712 that is accredited by a national accrediting body and operates- 2713 on a military installation that is certified by the United- 2714 States Department of Defense, the provider may demonstrate- 2715 liability coverage by affirming that it is subject to the- 2716 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.- 2717 Section 66. For the purpose of incorporating the amendment- 2718 made by this act to section 768.28, Florida Statutes, in a- 2719 reference thereto, subsection (1) of section 1006.24, Florida- 2720 Statutes, is reenacted to read:- 2721 1006.24 Tort liability; liability insurance.—- 2722 (1) Each district school board shall be liable for tort- 2723 claims arising out of any incident or occurrence involving a- 2724 school bus or other motor vehicle owned, maintained, operated,- 2725 or used by the district school board to transport persons, to- 2726 the same extent and in the same manner as the state or any of- 2727 its agencies or subdivisions is liable for tort claims under s.- 2728 768.28, except that the total liability to persons being- 2729 transported for all claims or judgments of such persons arising- 2730 out of the same incident or occurrence shall not exceed an- 2731 amount equal to $5,000 multiplied by the rated seating capacity- 2732 of the school bus or other vehicle, as determined by rules of- 2733 the State Board of Education, or $100,000, whichever is greater.- 2734 The provisions of s. 768.28 apply to all claims or actions- 2735 brought against district school boards, as authorized in this- 2736 subsection.- 2737 Section 67. For the purpose of incorporating the amendment- 2738 made by this act to section 768.28, Florida Statutes, in a- 2739 reference thereto, paragraph (b) of subsection (2) of section- 2740 1006.261, Florida Statutes, is reenacted to read:- 2741 1006.261 Use of school buses for public purposes.—- 2742 (2)- 2743 (b) For purposes of liability for negligence, state- 2744 agencies or subdivisions as defined in s. 768.28(2) shall be- 2745 covered by s. 768.28. Every other corporation or organization- 2746 shall provide liability insurance coverage in the minimum- 2747 amounts of $100,000 on any claim or judgment and $200,000 on all- 2748 claims and judgments arising from the same incident or- 2749 occurrence.- 2750 Section 68. This act shall take effect October 1, 2026.+Page 1 of 6+3/1/2026 12:01:16 PM 595-03304-26+LEGISLATIVE ACTION+Senate+Comm: RCS+03/03/2026++.+.+.+.+.+.++House++The Committee on Rules (Brodeur) recommended the following:++Senate Amendment (with title amendment) 1+ 2+Delete lines 167 - 309 3+and insert: 4+$350,000 $200,000 or any claim or judgment, or portions of a 5+claim or judgment thereof, which, when totaled with all other 6+claims or judgments paid by the state or its agencies or 7+subdivisions arising out of the same incident or occurrence, 8+exceeds the sum of $500,000 $300,000. However, a judgment or 9+judgments may be claimed and rendered in excess of these amounts 10+and may be settled and paid pursuant to this section act up to 11+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366++Ì491330pÎ491330++Page 2 of 6+3/1/2026 12:01:16 PM 595-03304-26+$350,000 $200,000 or $500,000. Any $300,000, as the case may be; 12+and that portion of the judgment that exceeds these amounts may 13+be reported to the Legislature, but may be paid in part or in 14+whole only by further act of the Legislature. 15+(b) Notwithstanding the limited waiver of sovereign 16+immunity in paragraph (a) provided herein, the state or an 17+agency or subdivision of the state thereof may agree, within the 18+limits of insurance coverage provided, to settle a claim made or 19+a judgment rendered against it without further action by the 20+Legislature, but the state or agency or subdivision of the state 21+may thereof shall not be deemed to have waived any defense of 22+sovereign immunity or to have increased the limits of its 23+liability as a result of its obtaining insurance coverage for 24+tortious acts in excess of the $350,000 $200,000 or $500,000 25+$300,000 waiver in paragraph (a) provided above. 26+(c) The limitations of liability set forth in this 27+subsection shall apply to the state and its agencies and 28+subdivisions whether or not the state or its agencies or 29+subdivisions possessed sovereign immunity before July 1, 1974. 30+(d)(b) A municipality has a duty to allow the municipal law 31+enforcement agency to respond appropriately to protect persons 32+and property during a riot or an unlawful assembly based on the 33+availability of adequate equipment to its municipal law 34+enforcement officers and relevant state and federal laws. If the 35+governing body of a municipality or a person authorized by the 36+governing body of the municipality breaches that duty, the 37+municipality is civilly liable for any damages, including 38+damages arising from personal injury, wrongful death, or 39+property damages proximately caused by the municipality’s breach 40+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366++Ì491330pÎ491330++Page 3 of 6+3/1/2026 12:01:16 PM 595-03304-26+of duty. The sovereign immunity recovery limits in paragraph (a) 41+do not apply to an action under this paragraph. 42+(6)(a) An action may not be instituted on a claim against 43+the state or one of its agencies or subdivisions unless the 44+claimant presents the claim in writing to the appropriate 45+agency, and also, except as to any claim against a municipality, 46+county, or the Florida Space Authority, presents the such claim 47+in writing to the Department of Financial Services, within 18 48+months 3 years after the such claim accrues and the Department 49+of Financial Services or the appropriate agency denies the claim 50+in writing; except that, if: 51+1. The Such claim is for contribution pursuant to s. 52+768.31, it must be so presented within 6 months after the 53+judgment against the tortfeasor seeking contribution has become 54+final by lapse of time for appeal or after appellate review or, 55+if there is no final such judgment, within 6 months after the 56+tortfeasor seeking contribution has either discharged the common 57+liability by payment or agreed, while the action is pending 58+against her or him, to discharge the common liability; or 59+2. The Such action arises from a violation of s. 794.011 60+involving a victim who was younger than 16 years of age at the 61+time of the act, the claimant may present the claim in writing 62+at any time. This subparagraph applies to any action other than 63+an action that would have been time barred on or before October 64+1, 2026 is for wrongful death, the claimant must present the 65+claim in writing to the Department of Financial Services within 66+2 years after the claim accrues. 67+(b) For purposes of this section, the requirements of 68+notice to the agency and denial of the claim pursuant to 69+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366++Ì491330pÎ491330++Page 4 of 6+3/1/2026 12:01:16 PM 595-03304-26+paragraph (a) are conditions precedent to maintaining an action 70+but may shall not be deemed to be elements of the cause of 71+action and do shall not affect the date on which the cause of 72+action accrues. 73+(c) The claimant shall also provide to the agency the 74+claimant’s date and place of birth and social security number if 75+the claimant is an individual, or a federal identification 76+number if the claimant is not an individual. The claimant shall 77+also state the case style, tribunal, the nature and amount of 78+all adjudicated penalties, fines, fees, victim restitution fund, 79+and other judgments in excess of $200, whether imposed by a 80+civil, criminal, or administrative tribunal, owed by the 81+claimant to the state, its agency, officer or subdivision. If 82+there exists no prior adjudicated unpaid claim in excess of 83+$200, the claimant shall so state. 84+(d) For purposes of this section, complete, accurate, and 85+timely compliance with the requirements of paragraph (c) must 86+shall occur before prior to settlement payment, close of 87+discovery, or commencement of trial, whichever is earlier 88+sooner; provided the ability to plead setoff is not precluded by 89+the delay. This setoff applies shall apply only against that 90+part of the settlement or judgment payable to the claimant, 91+minus claimant’s reasonable attorney attorney’s fees and costs. 92+Incomplete or inaccurate disclosure of unpaid adjudicated claims 93+due the state, or, its agency, officer, or subdivision, may be 94+excused by the court upon a showing by the preponderance of the 95+evidence of the claimant’s lack of knowledge of an adjudicated 96+claim and reasonable inquiry by, or on behalf of, the claimant 97+to obtain the information from public records. Unless the 98+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366++Ì491330pÎ491330++Page 5 of 6+3/1/2026 12:01:16 PM 595-03304-26+appropriate agency had actual notice of the information required 99+to be disclosed by paragraph (c) in time to assert a setoff, an 100+unexcused failure to disclose shall, upon hearing and order of 101+court, cause the claimant to be liable for double the original 102+undisclosed judgment and, upon further motion, the court shall 103+enter judgment for the agency in that amount. Except as provided 104+otherwise in this subsection, the failure of the Department of 105+Financial Services or the appropriate agency to make final 106+disposition of a claim within 4 6 months after it is filed shall 107+be deemed a final denial of the claim for purposes of this 108+section. For purposes of this subsection, in medical malpractice 109+actions and in wrongful death actions, the failure of the 110+Department of Financial Services or the appropriate agency to 111+make final disposition of a claim within 90 days after it is 112+filed shall be deemed a final denial of the claim. The statute 113+of limitations for medical malpractice actions and wrongful 114+death actions is tolled as to all prospective defendants for the 115+period of time taken by the Department of Financial Services or 116+the appropriate agency to deny the claim. The provisions of This 117+subsection does do not apply to such claims that as may be 118+asserted by counterclaim pursuant to s. 768.14. 119+(7) In actions brought pursuant to this section, process 120+must shall be served upon the head of the agency concerned and 121+also, except as to a defendant municipality, county, or the 122+Florida Space Authority, upon the Department of Financial 123+Services.; and The department or the agency served has concerned 124+shall have 30 days within which to file responsive pleadings 125+plead thereto. 126+(8) An No attorney may not charge, demand, receive, or 127+Florida Senate - 2026 COMMITTEE AMENDMENT+Bill No. SB 1366++Ì491330pÎ491330++Page 6 of 6+3/1/2026 12:01:16 PM 595-03304-26+collect, for services rendered, fees in excess of 25 percent of 128+any funds recovered as a result of judgment or settlement. 129+ 130+================= T I T L E A M E N D M E N T ================ 131+And the title is amended as follows: 132+Delete lines 5 - 23 133+and insert: 134+and subdivisions for tort claims; revising exceptions 135+relating to instituting actions on tort claims against 136+the state or one of its agencies or subdivisions; 137+revising the period after which the failure of certain 138+entities to make final disposition of a claim shall be 139+deemed a final denial of the claim for certain 140+purposes; revising the statute of limitations for tort 141
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