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.
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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)
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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
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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.
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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
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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
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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
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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
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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
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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.
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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,
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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
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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
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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
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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
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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
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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
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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,
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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.
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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