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HomeMy WebLinkAboutReso 2024-3631RESOLUTION NO. 2024 - 8 & S I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXPRESSING OPPOSITION TO FLORIDA SENATE BILL 472 AND FLORIDA HOUSE BILL 569 RELATING TO SOVEREIGN IMMUNITY; DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Senator Brodeur has introduced Florida Senate Bill 472 ("SB 472") and Florida House Representative McFarland has introduced Florida House Bill 569 ("HB 569"), which propose to increase the statutory limits on liability for tort claims against the state, its agencies, and subdivisions, including cities, from $200,000 per person and $300,000 per incident to $400,000 per person and $600,000 per incident; and WHEREAS, SB 472 includes a provision to adjust these caps every five years starting July 1, 2029, based on changes in the regional Consumer Price Index; and WHEREAS, both bills propose significant revisions to current practices by allowing a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill, narrowing the statute of limitations on negligence claims against government entities from four years to two years, and abolishing the common law doctrine of "home venue privilege"; and WHEREAS, the proposed increase in statutory limits on liability may lead to significantly higher insurance premiums for the City of Sunny Isles Beach (the "City"), thereby adversely affecting the City's financial stability and its ability to efficiently serve its residents; and WHEREAS, the proposed legislative changes, including the narrowing of the statute of limitations for negligence claims against government entities and the abolition of the common law doctrine of "home venue privilege," may result in an increase in litigation against the City, imposing additional financial burdens WHEREAS, the City Commission finds that it is in the best interest of its residents to oppose HB 472 and HB 569. NOW, THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Express Opposition of Florida Senate Bill 472 and Florida House Bill 569. The City Commission hereby expresses its opposition of Florida Senate Bill 472 and Florida House Bill 569. Section 2. Direction to the City Clerk. The City Clerk is hereby directed to distribute copies of this Resolution to the Florida League of Cities, the President of the Florida Senate, and the Speaker of Florida House of Representatives, and the Governor of the State of Florida. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. @BCL@A40BABDD.docx Page 1 of 2 351 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 151h day o e uary, 2024. Larisa Svechin, Mayor ATTEST: ,APPROVED AS TO FORM r A A AND LEGAL SUFFICIENCY: Mau icio Betancur, CMC, City Clerk A ain E. Boileau, P.A., for Nabors, Giblin & Nickerson, City Attorney Moved by: &-ge'aseconcled by: 1//6:r Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra `(Yes) a/ (Yes) (Yes) ClAes) (No) (No) (No) (No) (Yes) (No) @BCL@A40BABDD.docx Page 2 of 2 352 Florida Senate - 2024 CS for SB 472 By the Committee on Governmental Oversight and Accountability; and Senator Brodeur 585-02597A-24 2024472cl 1 A bill to be entitled 2 An act relating to suits against the government; 3 amending s. 47.011, F.S.; abolishing the common-law 4 doctrine of home venue privilege with respect to 5 action against the state; amending s. 768.28, F.S.; 6 increasing the statutory limits on liability for tort 7 claims against the state and its agencies and 8 subdivisions; prohibiting insurance policies from 9 placing conditions for payment upon the enactment of a 10 claim bill; authorizing a subdivision of the state to 11 settle a claim in excess of the statutory limit 12 without further action by the Legislature regardless 13 of insurance coverage limits; prohibiting a party from 14 lobbying against any agreed upon settlement brought to 15 the Legislature as a claim bill; specifying that the 16 limitations in effect on the date a final judgment is 17 entered apply to that claim; requiring the Department 18 of Financial Services to adjust the limitations on 19 tort liability every 5 years after a specified date; 20 revising the period within which certain claims must 21 be presented to certain entities; revising exceptions 22 relating to instituting actions on tort claims against 23 the state or one of its agencies or subdivisions; 24 revising the period after which the failure of certain 25 entities to make final disposition of a claim shall be 26 deemed a final denial of the claim for certain 27 purposes; revising the statute of limitations for tort 28 claims against the state or one of its agencies or 29 subdivisions and exceptions thereto; providing a Page 1 of 8 CODING: Words stLcleken are deletions; words underlined are additions. 353 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 30 claimant a specific timeframe to file suit; reenacting 31 ss. 45.061, 110.504, 111.071, 125.01015, 163.01, 32 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 33 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 34 373.1395, 375.251, 381.0056, 393.075, 394.9085, 35 395.1055, 403.706, 409.175, 409.993, 420.504, 420.507, 36 455.221, 455.32, 456.009, 456.076, 471.038, 472.006, 37 497.167, 513.118, 548.046, 556.106, 589.19, 627.7491, 38 723.0611, 760.11, 766.1115, 766.112, 768.1355, 39 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 40 1002.33, 1002.333, 1002.34, 1002.351, 1002.37, 41 1002.55, 1002.83, 1002.88, 1006.24, and 1006.261, 42 F.S., to incorporate the amendments made to s. 768.28, 43 F.S., in references thereto; providing applicability; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 47.011, Florida Statutes, is amended to 49 read: 50 47.011 Where actions may be begun. - 51 (1) Actions shall be brought only in the county where the 52 defendant resides, where the cause of action accrued, or where 53 the property in litigation is located. This section shall not 54 apply to actions against nonresidents. 55 (2) The common-law doctrine of home venue privilege is 56 abolished with respect to civil actions brought against the 57 state. This subsection does not affect any venue provision 581 otherwise established in law. Page 2 of 8 CODING: Words strieken are deletions; words underlined are additions. 354 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 59 Section 2. Subsection (5), paragraphs (a) and (d) of 60 subsection (6), and subsection (14) of section 768.28, Florida 61 Statutes, are amended to read: 62 768.28 Waiver of sovereign immunity in tort actions; 63 recovery limits; civil liability for damages caused during a 64 riot; limitation on attorney fees; statute of limitations; 65 exclusions; indemnification; risk management programs. - 66 (5)(a) The state and its agencies and subdivisions shall be 67 liable for tort claims in the same manner and to the same extent 68 as a private individual under like circumstances, but liability 69 shall not include punitive damages or interest for the period 70 before judgment. Neither the state nor its agencies or 71 subdivisions shall be liable to pay a claim or a judgment by any 72 one person which exceeds the sum of $400,000 $2�a or any 73 claim or judgment, or portions thereof, which, when totaled with 74 all other claims or judgments paid by the state or its agencies 75 or subdivisions arising out of the same incident or occurrence, 76 exceeds the sum of $600,000 $3000. However, a judgment or 77 judgments may be claimed and rendered in excess of these amounts 78 and paid pursuant to this act up to $400,000 79 or $600,000 , as the case may be; and that 80 portion of the judgment that exceeds these amounts may be 81 reported to the Legislature, and b-u� may be paid in part or in 82 whole ei-i� by further act of the Legislature. 83 (b) Notwithstanding the limited waiver of sovereign 84 immunity provided in paragraph (a): 85 1. heLceiny The state or an agency e: melivisien thereof 86 may agree, within the limits of insurance coverage provided, to 87 settle a claim made or a judgment rendered against it in excess Page 3 of 8 CODING: Words men are deletions; words underlined are additions. 355 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472c1 88 of the waiver provided in paragraph (a) without further action 89 by the Legislature. 90 2. A subdivision of the state may agree to settle a claim 91 made or a judgment rendered against it in excess of the waiver 92 provided in paragraph (a) without further action by the 93 Legislature. 94 95 However, bP..+t the state or"an agency or subdivision thereof shall 96 not be deemed to have waived any defense of sovereign immunity 97 or to have increased the limits of its liability as a result of 98 its obtaining insurance coverage for tortious acts in excess of 99 the $200,000 eLa $399, waiver provided in paragraph (a) . 100 However, a party may not lobby against any agreed upon 101 settlement brought to the Legislature as a settled claim bill 102 abe�e. An insurance policy may not condition the payment of 103 benefits, in whole or in part, on the enactment of a claim bill. 104 (c) The limitations of liability set forth in this 105 subsection shall apply to the state and its agencies and 106 subdivisions whether or not the state or its agencies or 107 subdivisions possessed sovereign immunity before July 1, 1974. 108 (d)+Ia* A municipality has a duty to allow the municipal law 109 enforcement agency to respond appropriately to protect persons 110 and property during a riot or an unlawful assembly based on the 111 availability of adequate equipment to its municipal law 112 enforcement officers and relevant state and federal laws. If the 113 governing body of a municipality or a person authorized by the 114 governing body of the municipality breaches that duty, the 115 municipality is civilly liable for any damages, including 116 damages arising from personal injury, wrongful death, or Page 4 of 8 CODING: Words stiAejeen are deletions; words underlined are additions. 356 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472c1 117 property damages proximately caused by the municipality's breach 118 of duty. The sovereign immunity recovery limits in paragraph (a) 119 do not apply to an action under this paragraph. 120 (e) When determining liability limits for a claim, the 121 limitations of liability in effect on the date a final judgment 122 is entered shall apply to the settled claim. 123 (f) Beginning July 1, 2029, and on July 1 every 5 years 124 thereafter, the Department of Financial Services shall adjust 125 the limitations of liability in this subsection to reflect 126 changes in the Consumer Price Index for the Southeast or a 127 successor index as calculated by the United States Department of 128 Labor. 129 (6)(a) An action may not be instituted on a claim against 130 the state or one of its agencies or subdivisions unless the 131 claimant presents the claim in writing to the appropriate 132 agency, and also, except as to any claim against a municipality, 133 county, or the Florida Space Authority, presents such claim in 134 writing to the Department of Financial Services, within 18 135 months 3 years after such claim accrues and the Department of 136 Financial Services or the appropriate agency denies the claim in 137 writing; except that, if: 138 1. Such claim is for contribution pursuant to s. 768.31, it 139 must be so presented within 6 months after the judgment against 140 the tortfeasor seeking contribution has become final by lapse of 141 time for appeal or after appellate review or, if there is no 142 such judgment, within 6 months after the tortfeasor seeking 143 contribution has either discharged the common liability by 144 payment or agreed, while the action is pending against her or 145 him, to discharge the common liability; or Page 5 of 8 CODING: Words st-ieieken are deletions; words underlined are additions 357 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 146 2. Such action arises from a violation of s. 794.011 147 involving a victim who was younger than 16 years of age at the 148 time of the act, the claimant may present the claim in writing 149 at any time pursuant to s. 95.11(9) is €ems wrengful d -ea -t, the + th l ice;'tete tie—Depots + �' 15 0 �l-a r -es �� -` -` ` `y �—ez 151 Finane-ial Seinviees within 2dyeaL--s--ateL= the—e, rte . 152 (d) For purposes of this section, complete, accurate, and timely 153 compliance with the requirements of paragraph (c) shall occur 154 prior to settlement payment, close of discovery or commencement 155 of trial, whichever is sooner; provided the ability to plead 156 setoff is not precluded by the delay. This setoff shall apply 157 only against that part of the settlement or judgment payable to 158 the claimant, minus claimant's reasonable attorney's fees and 159 costs. Incomplete or inaccurate disclosure of unpaid adjudicated 160 claims due the state, its agency, officer, or subdivision, may 161 be excused by the court upon a showing by the preponderance of 162 the evidence of the claimant's lack of knowledge of an 163 adjudicated claim and reasonable inquiry by, or on behalf of, 164 the claimant to obtain the information from public records. 165 Unless the appropriate agency had actual notice of the 166 information required to be disclosed by paragraph (c) in time to 167 assert a setoff, an unexcused failure to disclose shall, upon 168 hearing and order of court, cause the claimant to be liable for 169 double the original undisclosed judgment and, upon further 170 motion, the court shall enter judgment for the agency in that 171 amount. Except as provided otherwise in this subsection, the 172 failure of the Department of Financial Services or the 173 appropriate agency to make final disposition of a claim within 4 174 months after it is filed shall be deemed a final denial of the Page 6 of 8 CODING: Wordsen are deletions; words underlined are additions 358 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472cl 175 claim for purposes of this section. For purposes of this 176 subsection, in medical malpractice actions and in wrongful death 177 actions, the failure of the Department of Financial Services or 178 the appropriate agency to make final disposition of a claim 179 within 90 days after it is filed shall be deemed a final denial 180 of the claim. The statute of limitations €-eL—meelieTal fftal r etiee 181 aetiens anel wLaengfiil eleath aetiens is tolled as to all 182 prospective defendants for the period of time taken by the 183 Department of Financial Services or the appropriate agency to 184 deny the claim. The claimant has 60 days from the date of the 185 Department of Financial Services' or the appropriate agency's 186 final disposition of a claim or the date at which final denial 187 of the claim is deemed to have occurred, or the remainder of the 188 period of the statute of limitations, whichever is greater, 189 within which to file suit. The provisions of this subsection do 190 not apply to such claims as may be asserted by counterclaim 191 pursuant to s. 768.14. 192 (14) Every claim against the state or one of its agencies 193 or subdivisions for damages for a negligent or wrongful act or 194 omission pursuant to this section shall be forever barred unless 195 the civil action is commenced by filing a complaint in the court 196 of appropriate jurisdiction: 197 (a) Within 2 4 years for an action founded on negligence. 198 (b) Within the limitations provided in s. 768.31(4) for an 199 action for contribution. 200 (c) Within the limitations provided in s. 95.11(4) for an 201 action for damages arising from medical malpractice or wrongful 202 death. 203 (d) At any time for an action arising from acts Page 7 of 8 CODING: Words stLcieken are deletions; words underlined are additions. 359 Florida Senate - 2024 CS for SB 472 585-02597A-24 2024472c1 204 constituting a violation of s. 794.011 involving a victim who 205 was younger than 16 years of age pursuant to s. 95.11(9). 206 (e) Within 4 years for any other action not specified in 207 this subsection after such ela-im aeern=s; exeept that an ,etie� 208 zeia eent-r-ibutien Riust be eeFfffteneed within the lrmitatren r 209 pie v i d ems- ,8.3 4), -a n el an a e-t-�e n- er- dafftages aElaingf Lc ,.,,.. 210 Fred l e a l FRaliaLaaetiee-e Ln w La e f u! ele at�iffius tic eefftffieneed with' 211 tire-imitateiens feE sueh-aetiens-in s -95T1(4). 212 Section 3. Sections 45.061, 110.504, 111.071, 125.01015, 213 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 214 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, 215 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 216 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 217 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 218 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 219 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 220 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 221 1006.24, and 1006.261, Florida Statutes, are reenacted for the 222 purpose of incorporating the amendments made by this act to s. 223 768.28, Florida Statutes, in references thereto. 224 Section 4. This act applies to claims accruing on or after 225 October 1, 2024. 226 Section 5. This act shall take effect October 1, 2024. Page 8 of 8 CODING: Words etLaieken are deletions; words underlined are additions 360 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 1 A bill to be entitled 2 An act relating to suits against the government; 3 amending s. 47.011, F.S.; abolishing the common-law 4 doctrine of home venue privilege with respect to 5 action against the state; amending s. 768.28, F.S.; 6 increasing the statutory limits on liability for tort 7 claims against the state and its agencies and 8 subdivisions; authorizing a subdivision of the state 9 to settle a claim in excess of the statutory limit 10 without further action by the Legislature regardless 11 of insurance coverage limits; prohibiting an insurance 12 policy from conditioning payment of benefits on the 13 enactment of a claim bill; specifying that the 14 limitations in effect on the date the claim accrues 15 apply to that claim; revising the period within which 16 certain claims must be presented to certain entities; 17 revising exceptions relating to instituting actions on 18 tort claims against the state or one of its agencies 19 or subdivisions; revising the period after which the 20 failure of certain entities to make final disposition 21 of a claim shall be deemed a final denial of the claim 22 for certain purposes; revising the statute of 23 limitations for tort claims against the state or one 24 of its agencies or subdivisions and exceptions 25 thereto; reenacting ss. 45.061, 110.504, 111.071, Page 1 of 9 CODING: Words stdrkep are deletions; words underlined are additions. hb0569-02-c2 361 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 26 125.01015, 163.01, 190.043, 213.015, 252.51, 252.89, 27 252.944, 260.0125, 284.31, 284.38, 322.13, 337.19, 28 341.302, 351.03, 373.1395, 375.251, 381.0056, 393.075, 29 394.9085, 395.1055, 403.706, 409.175, 409.993, 30 420.504, 420.507, 455.221, 455.32, 456.009, 456.076, 31 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 32 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 33 768.1355, 768.1382, 768.295, 944.713, 946.5026, 34 946.514, 961.06, 1002.33, 1002.333, 1002.34, 1002.351, 35 1002.37, 1002.55, 1002.83, 1002.88, 1006.24, and 36 1006.261, F.S., to incorporate the amendments made to 37 s. 768.28, F.S., in references thereto; providing 38 applicability; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Section 47.011, Florida Statutes, is amended to 43 read: 44 47.011 Where actions may be begun. - 45 (1) Actions shall be brought only in the county where the 46 defendant resides, where the cause of action accrued, or where 47 the property in litigation is located. This section shall not 48 apply to actions against nonresidents. 49 (2) The common-law doctrine of home venue privilege is 50 abolished with respect to civil actions brought against the Page 2 of 9 CODING: Words F;WAkea are deletions; words underlined are additions. M0569 -02-c2 362 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 51 state. This subsection does not affect any venue provision 52 otherwise established in law. 53 Section 2. Subsection (5), paragraphs (a) and (d) of 54 subsection (6), and subsection (14) of section 768.28, Florida 55 Statutes, are amended to read: 56 768.28 Waiver of sovereign immunity in tort actions; 57 recovery limits; civil liability for damages caused during a 58 riot; limitation on attorney fees; statute of limitations; 59 exclusions; indemnification; risk management programs. - 60 (5)(a) The state and its agencies and subdivisions shall 61 be liable for tort claims in the same manner and to the same 62 extent as a private individual under like circumstances, but 63 liability shall not include punitive damages or interest for the 64 period before judgment. Neither the state nor its agencies or 65 subdivisions shall be liable to pay a claim or a judgment by any 66 one person which exceeds the sum of $400,000 $299,909 or any 67 claim or judgment, or portions thereof, which, when totaled with 68 all other claims or judgments paid by the state or its agencies 69 or subdivisions arising out of the same incident or occurrence, 70 exceeds the sum of $600,000 $390099. However, a judgment or 71 judgments may be claimed and rendered in excess of these amounts 72 arm stay be settle4 and paid pursuant to this act up to $400,000 73 or $600,000 $299, 999 er $-�;9 , 9 , as the case may be; and that 74 portion of the judgment that exceeds these amounts may be 75 reported to the Legislature, and may be paid in part or in Page 3 of 9 CODING: Words stdAkap are deletions; words underlined are additions. hb0569-02-c2 363 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 76 whole enly by further act of the Legislature. 77 (b) Notwithstanding the limited waiver of sovereign 78 immunity provided in paragraph (a): 79 1. ]Fie,-ed:nr The state or an agency eN bel thereof 80 may agree, within the limits of insurance coverage provided, to 81 settle a claim made or a judgment rendered against it in excess 82 of the waiver provided in paragraph (a) without further action 83 by the Legislature. 84 2. A subdivision of the state may agree to settle a claim 85 made or a judgment rendered against it in excess of the waiver 86 provided in paragraph (a) without further action by the 87 Legislature. 88 89 However, the state or an agency or subdivision thereof shall 90 not be deemed to have waived any defense of sovereign immunity 91 or to have increased the limits of its liability as a result of 92 its obtaining insurance coverage for tortious acts in excess of 93 the $290-,909 er $z399 , waiver provided in paragraph (a). An 94 insurance policy may not condition the payment of benefits, in 95 whole or in part, on the enactment of a claim bill armee. 96 (c) The limitations of liability set forth in this 97 subsection shall apply to the state and its agencies and 98 subdivisions whether or not the state or its agencies or 99 subdivisions possessed sovereign immunity before July 1, 1974. 100 (d)-Hq-- A municipality has a duty to allow the municipal Page 4 of 9 CODING: Words stigktp are deletions; words underlined are additions. 364 F L O R I D A H O U S E O F RE PRE SE NTATIVES CS/CS/HB 569 2024 101 law enforcement agency to respond appropriately to protect 102 persons and property during a riot or an unlawful assembly based 103 on the availability of adequate equipment to its municipal law 104 enforcement officers and relevant state and federal laws. If the 105 governing body of a municipality or a person authorized by the 106 governing body of the municipality breaches that duty, the 107 municipality is civilly liable for any damages, including 108 damages arising from personal injury, wrongful death, or 109 property damages proximately caused by the municipality's breach 110 of duty. The sovereign immunity recovery limits in paragraph (a) 111 do not apply to an action under this paragraph. 112 (e) When determining liability limits for a claim, the 113 limitations of liability in effect on the date the claim accrues 114 shall apply to the claim. 115 (6)(a) An action may not be instituted on a claim against 116 the state or one of its agencies or subdivisions unless the 117 claimant presents the claim in writing to the appropriate 118 agency, and also, except as to any claim against a municipality, 119 county, or the Florida Space Authority, presents such claim in 120 writing to the Department of Financial Services, within 18 121 months 9 s after such claim accrues and the Department of 122 Financial Services or the appropriate agency denies the claim in 123 writing; except that, if: 124 1. Such claim is for contribution pursuant to s. 768.31, 125 it must be so presented within 6 months after the judgment Page 5 of 9 CODING: Words stigken are deletions; words underlined are additions. hb0569-02-c2 365 F L O R I D A H O U S E O F REP RE SENTATIVES CS/CS/HB 569 2024 126 against the tortfeasor seeking contribution has become final by 127 lapse of time for appeal or after appellate review or, if there 128 is no such judgment, within 6 months after the tortfeasor 129 seeking contribution has either discharged the common liability 130 by payment or agreed, while the action is pending against her or 131 him, to discharge the common liability; or 132 2. Such action arises from a violation of s. 794.011 133 involving a victim who was younger than the age of 16 at the 134 time of the act, the claimant must present the claim in writing 135 within 13 years after the victim reaches the age of majority. 136 This subparagraph applies to any such action other than one 137 which would have been time barred on or before July 1, 2010, 138 under s. 95. 11 (9) 4:s €er war -e gful Eieath, tine—elarfftant miast 139 p,ys-ent the 1a -i: -PA -JF- tthe —Dep artmen€ e#—Ti eis1 140 s4e-r-;�-Jees --dt-h-4p 2 yeaLas —after the e-1-a4mre rides . 141 (d) For purposes of this section, complete, accurate, and 142 timely compliance with the requirements of paragraph (c) shall 143 occur prior to settlement payment, close of discovery or 144 commencement of trial, whichever is sooner; provided the ability 145 to plead setoff is not precluded by the delay. This setoff shall 146 apply only against that part of the settlement or judgment 147 payable to the claimant, minus claimant's reasonable attorney's 148 fees and costs. Incomplete or inaccurate disclosure of unpaid 149 adjudicated claims due the state, its agency, officer, or 150 subdivision, may be excused by the court upon a showing by the Page 6 of 9 CODING: Words stiskep are deletions; words underlined are additions. hb0569-02-c2 366 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 151 preponderance of the evidence of the claimant's lack of 152 knowledge of an adjudicated claim and reasonable inquiry by, or 153 on behalf of, the claimant to obtain the information from public 154 records. Unless the appropriate agency had actual notice of the 155 information required to be disclosed by paragraph (c) in time to 156 assert a setoff, an unexcused failure to disclose shall, upon 157 hearing and order of court, cause the claimant to be liable for 158 double the original undisclosed judgment and, upon further 159 motion, the court shall enter judgment for the agency in that 160 amount. Except as provided otherwise in this subsection, the 161 failure of the Department of Financial Services or the 162 appropriate agency to make final disposition of a claim within 4 163 b months after it is filed shall be deemed a final denial of the 164 claim for purposes of this section. For purposes of this 165 subsection, in medical malpractice actions and in wrongful death 166 actions, the failure of the Department of Financial Services or 167 the appropriate agency to make final disposition of a claim 168 within 90 days after it is filed shall be deemed a final denial 169 of the claim. The statute of limitations for medical malpractice 170 actions and wrongful death actions is tolled for the period of 171 time taken by the Department of Financial Services or the 172 appropriate agency to deny the claim. The provisions of this 173 subsection do not apply to such claims as may be asserted by 174 counterclaim pursuant to s. 768.14. 175 (14) Every claim against the state or one of its agencies Page 7 of 9 CODING: Words stdAkea are deletions; words underlined are additions. 1711iF 014111 ►� 367 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 176 or subdivisions for damages for a negligent or wrongful act or 177 omission pursuant to this section shall be forever barred unless 178 the civil action is commenced by filing a complaint in the court 179 of appropriate jurisdiction: 180 (a) Within 2 4 years for an action founded on negligence. 181 (b) Within the limitations provided in s. 768.31(4) for an 182 action for contribution. 183 (c) Within the limitations provided in s. 95.11(4) for an 184 action for damages arising from medical malpractice or wrongful 185 death. 186 (d) Within 15 years after the victim reaches the age of 187 majority for any action arising from acts constituting a 188 violation of s. 794.011 involving a victim who was younger than 189 the age of 16 at the time of the act. This paragraph applies to 190 any such action other than one which would have been time barred 191 on or before July 1, 2010, under s. 95.11(9). 192 (e) Within 4 years for any other action not specified in 193 this subsection often saeh ela�Fa aeerues—emeept that an aetien 194 fer eentribut-len must be-eeFaFfteneeel vArthln the --l-iFfti of s 195 pEev4sdedin . :768.31(4), end an aet4:en feE daFftages-arising fiFeFft 196 Fred}eal Rtalpraew ee er w,-engfe! de --wast be-ee tweed 197 the14mltatiens- fer sueh aetlens fn s. 915.11(4) . 198 Section 3. Sections 45.061, 110.504, 111.071, 125.01015, 199 163.01, 190.043, 213.015, 252.51, 252.89, 252.944, 260.0125, 200 284.31, 284.38, 322.13, 337.19, 341.302, 351.03, 373.1395, Page 8 of 9 CODING: Words stkkep are deletions; words underlined are additions. hb0569-02-c2 368 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 569 2024 201 375.251, 381.0056, 393.075, 394.9085, 395.1055, 403.706, 202 409.175, 409.993, 420.504, 420.507, 455.221, 455.32, 456.009, 203 456.076, 471.038, 472.006, 497.167, 513.118, 548.046, 556.106, 204 589.19, 627.7491, 723.0611, 760.11, 766.1115, 766.112, 768.1355, 205 768.1382, 768.295, 944.713, 946.5026, 946.514, 961.06, 1002.33, 206 1002.333, 1002.34, 1002.351, 1002.37, 1002.55, 1002.83, 1002.88, 207 1006.24, and 1006.261, Florida Statutes, are reenacted for the 208 purpose of incorporating the amendments made by this act to s. 209 768.28, Florida Statutes, in references thereto. 210 Section 4. This act applies to claims accruing on or after 211 October 1, 2024. 212 Section 5. This act shall take effect October 1, 2024. Page 9 of 9 CODING: Words stOnken are deletions; words underlined are additions. hb0569-02-c2 369 6 Ty GF StY ti A City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Jeniffer Viscarra, Commissioner DATE: February 15, 2024 RE: Expressing Opposition for Florida Senate Bill 472 and Florida House Bill 56! Relating to Sovereign Immunity RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Florida Senate Bill 472, and its companion Florida House Bill 569, seek to increase caps on liability fo tort claims against the state, its agencies, and subdivisions, including cities, from $200,000 per person and $300,000 per incident to $400,000 per person and $600,000 per incident. This could potentially result in significantly higher insurance premiums for the City, as insurers adjust to the increased risk of higher payouts. This could necessitate increased taxes or reallocation of funds from essential services to cover these costs, adversely affecting the City's financial stability and its ability to serve its residents. The bills also propose significant revisions to current practices by allowing a subdivision of the state to settle a claim above the statutory limits without the need for a claims bill, narrowing the statute of limitations on negligence claims against government entities from four years to two years, and abolishing the common law doctrine of "home venue privilege". This could lead to an increase in litigation against the City and impose additional financial burdens. ATTACHMENTS: Resolution Senate Bill 472 House Bill 569 Item Number: 10.P 350