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HomeMy WebLinkAboutReso 2025-3803RESOLUTION NO. 2025 - Jho A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXPRESSING OPPOSITION TO FLORIDA HOUSE BILL 301 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, Florida House Representative McFarland has introduced Florida House Bill 301 ("HB 301"), 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 $1,000,000 per person and $3,000,000 per incident; and WHEREAS, the bill proposes 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 301. NOW, THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Express Opposition of Florida House Bill 301. The City Commission hereby expresses its opposition to Florida House Bill 301. 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. Section 4. Effective Date. This Resolution shall become effective upon adoption. R2025 Oppose HB 301 Sovereign Immunity.dou Page 1 of 2 PASSED AND ADOPTED this 20th day of February, 2025. Larisa Svechin, Mayor ATTEST:, '. APPROVED AS TO FORM ` AND LEGAL SUFFICIENCY: Mauri io Betan ur, CMC, City Clerk Alain E. Boileau, P.A., for Nabors, Giblin & Nickerson, City Attorney Moved by: �-r�•f�5s'/�i(%�i�, ded by:l�,�� /SS/p,��ile ��s�� /S�/WASecon Vote: / Mayor Svechin ✓ (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph 77(Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra _� (Yes) (No) R2025 Oppose HB 301 Sovereign Immunity Page 2 of 2 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 1 of 80 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 A bill to be entitled 1 An act relating to suits against the government; 2 amending s. 768.28, F.S.; increasing the statutory 3 limits on liability for tort claims against the state 4 and its agencies and subdivisions; authorizing a 5 subdivision of the state to settle a claim in excess 6 of the statutory limit without further action by the 7 Legislature regardless of insurance coverage limits; 8 prohibiting an insurance policy from conditioning 9 payment of benefits on the enactment of a claim bill; 10 specifying that the limitations in effect on the date 11 the claim accrues apply to that claim; revising the 12 period within which certain claims must be presented 13 to certain entities; revising exceptions relating to 14 instituting actions on tort claims against the state 15 or one of its agencies or subdivisions; revising the 16 period after which the failure of certain entities to 17 make final disposition of a claim shall be deemed a 18 final denial of the claim for certain purposes; 19 revising the statute of limitations for tort claims 20 against the state or one of its agencies or 21 subdivisions and exceptions thereto; providing 22 applicability; amending s. 944.713, conforming 23 provisions to changes made by the act; reenacting ss. 24 45.061(5), 110.504(4), 111.071(1)(a), 125.01015(2)(b), 25 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 2 of 80 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 163.01(3)(h) and (15)(k), 190.043, 213.015(13), 26 252.51, 252.89, 252.944, 260.0125(2), 284.31, 284.38, 27 322.13(1)(b), 337.19(1), 341.302(17), 351.03(4)(c), 28 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 29 394.9085(7), 395.1055(10)(g), 403.706(17)(c), 30 409.175(15)(b), s. 409.993(1)(a) and (b), (2)(a), and 31 (3)(a), 420.504(8), 455.221(3), 455.32(5), 456.009(3), 32 456.076(15)(a), 471.038(3), 472.006(11)(b), 33 497.167(7), 513.118(2), 548.046(1), s. 556.106(8), 34 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c), 35 760.11(5), 766.1115(4), 766.112(2), 768.1355(3), 36 768.1382(7), 768.295(4), 946.5026, 946.514(3), 37 961.06(5), (6)(a), and (7), 1002.33(12)(h), 38 1002.333(6)(b), 1002.34(17), 1002.351(3)(c), 39 1002.37(2), 1002.55(3)(l), 1002.83(10), 1002.88(1)(p), 40 1006.24(1), and 1006.261(2)(b), F.S., relating to 41 offers of settlement, volunteer benefits, payment of 42 judgments or settlements against certain public 43 officers or employees, office of the sheriff, the 44 Florida Interlocal Cooperation Act of 1969, suits 45 against community development districts, taxpayer 46 rights, liability, tort liability, tort liability, 47 limitation on liability of private landowners whose 48 property is designated as part of the statewide system 49 of greenways and trail, scope and types of coverages, 50 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 3 of 80 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 waiver of sovereign immunity, driver license 51 examiners, suits by and against the Department of 52 Transportation, rail program, railroad-highway grade-53 crossing warning signs and signals, limitation on 54 liability of water management district with respect to 55 areas made available to the public for recreational 56 purposes without charge, limitation on liability of 57 persons making available to public certain areas for 58 recreational purposes without charge, school health 59 services program, general liability coverage, 60 behavioral provider liability, rules and enforcement, 61 local government solid waste responsibilities, 62 licensure of family foster homes, residential child-63 caring agencies, and child-placing agencies, lead 64 agencies and subcontractor liability, the Florida 65 Housing Finance Corporation, legal and investigative 66 services, the Management Privatization Act, legal and 67 investigative services, impaired practitioner 68 programs, the Florida Engineers Management 69 Corporation, the Department of Agriculture and 70 Consumer Services, administrative matters, conduct on 71 premises; refusal of service, physician's attendance 72 at match, liability of the member operator, excavator, 73 and system, creation of certain state forests; naming 74 of certain state forests; Operation Outdoor Freedom 75 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 4 of 80 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 Program, official law enforcement vehicles; motor 76 vehicle insurance requirements, the Florida Mobile 77 Home Relocation Corporation, administrative and civil 78 remedies; construction, health care providers; 79 creation of agency relationship with governmental 80 contractors, comparative fault, the Florida Volunteer 81 Protection Act, streetlights, security lights, and 82 other similar illumination, Strategic Lawsuits Against 83 Public Participation (SLAPP), sovereign immunity in 84 tort actions, inmates not state employees, 85 compensation for wrongful incarceration, charter 86 schools, persistently low-performing schools, charter 87 technical career centers, the Florida School for 88 Competitive Academics, the Florida Virtual School, 89 school-year prekindergarten program delivered by 90 private prekindergarten providers, Early learning 91 coalitions, school readiness program provider 92 standards, tort liability; liability insurance, and 93 use of school buses for public purposes, respectively, 94 to incorporate changes made by the act; providing an 95 effective date. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99 Section 1. Subsection (5), paragraphs (a) and (d) of 100 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 5 of 80 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 subsection (6), and subsection (14) of section 768.28, Florida 101 Statutes, are amended to read: 102 768.28 Waiver of sovereign immunity in tort actions; 103 recovery limits; civil liability for damages caused during a 104 riot; limitation on attorney fees; statute of limitations; 105 exclusions; indemnification; risk management programs.— 106 (5)(a) The state and its agencies and subdivisions shall 107 be liable for tort claims in the same manner and to the same 108 extent as a private individual under like circumstances, but 109 liability shall not include punitive damages or interest for the 110 period before judgment. Neither the state nor its agencies or 111 subdivisions shall be liable to pay a claim or a judgment that 112 by any one person which exceeds the limits in paragraph (b). 113 (b)1. If the cause of action accrued before October 1, 114 2025, the limitations are as follows: 115 a. For a claim or judgment by any one person, $200,000. 116 b. For multiple claims or judgments, or portions thereof, 117 which arise out of the same incident or occurrence, a total of 118 $300,000. 119 2. If the cause of action accrued on or after October 1, 120 2025, but before October 1, 2030, the limitations are as 121 follows: 122 a. For a claim or judgment by any one person, $1 million. 123 b. For multiple claims or judgments, or portions thereof, 124 which arise out of the same incident or occurrence, a total of 125 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 6 of 80 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 $3 million. 126 3. If the cause of action accrued on or after October 1, 127 2030, the limitations are as follows: 128 a. For a claim or judgment by any one person, $1.1 129 million. 130 b. For multiple claims or judgments, or portions thereof, 131 which arise out of the same incident or occurrence, a total of 132 $3.2 million sum of $200,000 or any claim or judgment, or 133 portions thereof, which, when totaled with all other claims or 134 judgments paid by the state or its agencies or subdivisions 135 arising out of the same incident or occurrence, exceeds the sum 136 of $300,000. 137 (c) However, a judgment or judgments may be claimed and 138 rendered in excess of these amounts and may be settled and paid 139 pursuant to this act up to the limitations provided under 140 paragraph (b) $200,000 or $300,000, as the case may be; and that 141 portion of the judgment that exceeds these amounts may be 142 reported to the Legislature, and but may be paid in part or in 143 whole only by further act of the Legislature. 144 (d) Notwithstanding the limited waiver of sovereign 145 immunity provided in paragraphs (a) and (b): 146 1. herein, The state or an agency or subdivision thereof 147 may agree, within the limits of insurance coverage provided, to 148 settle a claim made or a judgment rendered against it in excess 149 of the waiver provided in paragraph (b) without further action 150 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 7 of 80 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 by the Legislature. 151 2. A subdivision of the state may agree to settle a claim 152 made or a judgment rendered against it in excess of the waiver 153 provided in paragraph (b) without further action by the 154 Legislature. 155 156 However, but the state or an agency or subdivision thereof shall 157 not be deemed to have waived any defense of sovereign immunity 158 or to have increased the limits of its liability as a result of 159 its obtaining insurance coverage for tortious acts in excess of 160 the $200,000 or $300,000 waiver provided in paragraph (b). 161 Beginning October 1, 2025, an insurance policy may not be 162 delivered or issued for delivery to the state or any agency or 163 subdivision thereof with a provision that conditions liability 164 coverage or the payment of insurance benefits, in whole or in 165 part, on the enactment of a claim bill. Any such provision is 166 null and void above. 167 (e) The limitations of liability set forth in this 168 subsection shall apply to the state and its agencies and 169 subdivisions whether or not the state or its agencies or 170 subdivisions possessed sovereign immunity before July 1, 1974. 171 (f)(b) A municipality has a duty to allow the municipal 172 law enforcement agency to respond appropriately to protect 173 persons and property during a riot or an unlawful assembly based 174 on the availability of adequate equipment to its municipal law 175 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 8 of 80 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 enforcement officers and relevant state and federal laws. If the 176 governing body of a municipality or a person authorized by the 177 governing body of the municipality breaches that duty, the 178 municipality is civilly liable for any damages, including 179 damages arising from personal injury, wrongful death, or 180 property damages proximately caused by the municipality's breach 181 of duty. The sovereign immunity recovery limits in paragraph (b) 182 (a) do not apply to an action under this paragraph. 183 (g) When determining liability limits for a claim, the 184 limitations of liability in effect on the date the claim accrues 185 shall apply to the claim. 186 (6)(a) An action may not be instituted on a claim against 187 the state or one of its agencies or subdivisions unless the 188 claimant presents the claim in writing to the appropriate 189 agency, and also, except as to any claim against a municipality, 190 county, or the Florida Space Authority, presents such claim in 191 writing to the Department of Financial Services, within 18 192 months 3 years after such claim accrues and the Department of 193 Financial Services or the appropriate agency denies the claim in 194 writing; except that, if: 195 1. Such claim is for contribution pursuant to s. 768.31, 196 it must be so presented within 6 months after the judgment 197 against the tortfeasor seeking contribution has become final by 198 lapse of time for appeal or after appellate review or, if there 199 is no such judgment, within 6 months after the tortfeasor 200 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 9 of 80 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 seeking contribution has either discharged the common liability 201 by payment or agreed, while the action is pending against her or 202 him, to discharge the common liability; or 203 2. Such action arises from a violation of s. 794.011 204 involving a victim who was under the age of 16 years at the time 205 of the act, the claimant may present the claim in writing at any 206 time. This subparagraph applies to any such action other than an 207 action that would have been time barred on or before October 1, 208 2025 is for wrongful death, the claimant must present the claim 209 in writing to the Department of Financial Services within 2 210 years after the claim accrues. 211 (d) For purposes of this section, complete, accurate, and 212 timely compliance with the requirements of paragraph (c) shall 213 occur prior to settlement payment, close of discovery or 214 commencement of trial, whichever is sooner; provided the ability 215 to plead setoff is not precluded by the delay. This setoff shall 216 apply only against that part of the settlement or judgment 217 payable to the claimant, minus claimant's reasonable attorney 218 attorney's fees and costs. Incomplete or inaccurate disclosure 219 of unpaid adjudicated claims due the state, its agency, officer, 220 or subdivision, may be excused by the court upon a showing by 221 the preponderance of the evidence of the claimant's lack of 222 knowledge of an adjudicated claim and reasonable inquiry by, or 223 on behalf of, the claimant to obtain the information from public 224 records. Unless the appropriate agency had actual notice of the 225 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 10 of 80 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 information required to be disclosed by paragraph (c) in time to 226 assert a setoff, an unexcused failure to disclose shall, upon 227 hearing and order of court, cause the claimant to be liable for 228 double the original undisclosed judgment and, upon further 229 motion, the court shall enter judgment for the agency in that 230 amount. Except as provided otherwise in this subsection, the 231 failure of the Department of Financial Services or the 232 appropriate agency to make final disposition of a claim within 4 233 6 months after it is filed shall be deemed a final denial of the 234 claim for purposes of this section. For purposes of this 235 subsection, in medical malpractice actions and in wrongful death 236 actions, the failure of the Department of Financial Services or 237 the appropriate agency to make final disposition of a claim 238 within 90 days after it is filed shall be deemed a final denial 239 of the claim. The statute of limitations for medical malpractice 240 actions and wrongful death actions is tolled as to all 241 prospective defendants for the period of time taken by the 242 Department of Financial Services or the appropriate agency to 243 deny the claim. The provisions of this subsection do not apply 244 to such claims as may be asserted by counterclaim pursuant to s. 245 768.14. 246 (14) Every claim against the state or one of its agencies 247 or subdivisions for damages for a negligent or wrongful act or 248 omission pursuant to this section shall be forever barred unless 249 the civil action is commenced by filing a complaint in the court 250 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 11 of 80 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 of appropriate jurisdiction: 251 (a) Within 2 4 years for an action founded on negligence. 252 (b) Within the limitations provided in s. 768.31(4) for an 253 action for contribution. 254 (c) Within the limitations provided in s. 95.11(5) for an 255 action for damages arising from medical malpractice or wrongful 256 death. 257 (d) At any time for an action arising from an act 258 constituting a violation of s. 794.011 involving a victim who 259 was under the age of 16 years at the time of the act. This 260 paragraph applies to any such action other than an action that 261 would have been time barred on or before October 1, 2025. 262 (e) Within 4 years for any other action not specified in 263 this subsection after such claim accrues; except that an action 264 for contribution must be commenced within the limitations 265 provided in s. 768.31(4), and an action for damages arising from 266 medical malpractice or wrongful death must be commenced within 267 the limitations for such actions in s. 95.11(5). 268 Section 2. Subsection (2) of section 944.713, Florida 269 Statutes, is amended to read: 270 944.713 Insurance against liability.— 271 (2) The contract shall provide for indemnification of the 272 state by the private vendor for any liabilities incurred up to 273 the limits provided under s. 768.28(5). The contract shall 274 provide that the private vendor, or the insurer of the private 275 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 12 of 80 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 vendor, is liable to pay any claim or judgment for any one 276 person which does not exceed the applicable maximum amount 277 provided in s. 768.28(5) the sum of $100,000 or any claim or 278 judgment, or portions thereof, which, when totaled with all 279 other claims or judgments arising out of the same incident or 280 occurrence, does not exceed the sum of $200,000. In addition, 281 the contractor must agree to defend, hold harmless, and 282 indemnify the department against any and all actions, claims, 283 damages and losses, including costs and attorney attorney's 284 fees. 285 Section 3. For the purpose of incorporating the amendment 286 made by this act to section 768.28, Florida Statutes, in a 287 reference thereto, subsection (5) of section 45.061, Florida 288 Statutes, is reenacted to read: 289 45.061 Offers of settlement.— 290 (5) Sanctions authorized under this section may be imposed 291 notwithstanding any limitation on recovery of costs or expenses 292 which may be provided by contract or in other provisions of 293 Florida law. This section shall not be construed to waive the 294 limits of sovereign immunity set forth in s. 768.28. 295 Section 4. For the purpose of incorporating the amendment 296 made by this act to section 768.28, Florida Statutes, in a 297 reference thereto, subsection (4) of section 110.504, Florida 298 Statutes, is reenacted to read: 299 110.504 Volunteer benefits.— 300 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 13 of 80 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 (4) Volunteers shall be covered by state liability 301 protection in accordance with the definition of a volunteer and 302 the provisions of s. 768.28. 303 Section 5. For the purpose of incorporating the amendment 304 made by this act to section 768.28, Florida Statutes, in a 305 reference thereto, paragraph (a) of subsection (1) of section 306 111.071, Florida Statutes, is reenacted to read: 307 111.071 Payment of judgments or settlements against 308 certain public officers or employees.— 309 (1) Any county, municipality, political subdivision, or 310 agency of the state which has been excluded from participation 311 in the Insurance Risk Management Trust Fund is authorized to 312 expend available funds to pay: 313 (a) Any final judgment, including damages, costs, and 314 attorney's fees, arising from a complaint for damages or injury 315 suffered as a result of any act or omission of action of any 316 officer, employee, or agent in a civil or civil rights lawsuit 317 described in s. 111.07. If the civil action arises under s. 318 768.28 as a tort claim, the limitations and provisions of s. 319 768.28 governing payment shall apply. If the action is a civil 320 rights action arising under 42 U.S.C. s. 1983, or similar 321 federal statutes, payments for the full amount of the judgment 322 may be made unless the officer, employee, or agent has been 323 determined in the final judgment to have caused the harm 324 intentionally. 325 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 14 of 80 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 Section 6. For the purpose of incorporating the amendment 326 made by this act to section 768.28, Florida Statutes, in a 327 reference thereto, paragraph (b) of subsection (2) of section 328 125.01015, Florida Statutes, is reenacted to read: 329 125.01015 Office of the sheriff.— 330 (2) To ensure the successful transfer of the exclusive 331 policing responsibility and authority to the sheriff in a 332 county, as defined in s. 125.011(1), the board of county 333 commissioners shall: 334 (b) After the election of the sheriff is certified: 335 1. Provide funding for all of the necessary staff and 336 office space for the sheriff-elect to establish an independent 337 office of the sheriff, so that the office may effectively 338 operate and perform all of the functions required by general law 339 when the sheriff-elect takes office. 340 2. Provide funding for the sheriff-elect to select any 341 necessary insurances not provided by the county through the 342 interlocal agreement required under sub-subparagraph 6.d. to 343 allow the sheriff to effectively operate and perform all of the 344 functions required by general law when he or she takes office. 345 3. Provide funding for the sheriff-elect to establish bank 346 and other accounts, as necessary, in his or her official 347 capacity as sheriff, so that such accounts become operational 348 when he or she takes office. 349 4. Unless otherwise transferable based on existing surety 350 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 15 of 80 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 bonds for the sheriff's deputies, provide funding for and 351 facilitate procurement of the required surety bonds for deputy 352 sheriffs pursuant to s. 30.09, so that such bonds are in place 353 when the sheriff-elect takes office. 354 5. Prepare and deliver to the office of the sheriff all 355 documents, property, and other items listed in subsection (4). 356 6. Notwithstanding any provision to the contrary, for a 357 term commencing on January 7, 2025, and ending on or after 358 September 30, 2028, provide the sheriff-elect taking office 359 with, and require the sheriff-elect taking office to use, not 360 less than the substantially and materially same support 361 services, facilities, office space, and information technology 362 infrastructure provided to county offices or departments 363 performing the duties to be performed by the sheriff-elect upon 364 taking office in the 1-year period before he or she takes 365 office. 366 a. As used in this subparagraph, the term "support 367 services" includes: 368 (I) Property and facilities, and the management and 369 maintenance for such property and facilities. 370 (II) Communications infrastructure, including telephone 371 and Internet connectivity. 372 (III) Risk management, including processing, adjusting, 373 and payment of all claims and demands, including those made 374 under s. 768.28. The county shall provide the sheriff with all 375 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 16 of 80 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 required general liability, property, and other insurance 376 coverage through its self-insurance program, a self-insurance 377 risk pool, or commercial insurance. If the county provides 378 insurance through a self-insurance program, the county must also 379 provide the sheriff with commercial stop-loss coverage in an 380 amount and with a self-insured retention agreed upon by the 381 sheriff and the county. 382 (IV) Legal representation and advice through the office of 383 the county attorney for all claims, demands, and causes of 384 action brought against the sheriff, his or her deputies, or 385 other personnel in their official and individual capacities, 386 while acting in their official and individual capacities, 387 including any required outside counsel due to conflicts of 388 interest. This sub-sub-subparagraph does not prohibit the 389 sheriff from employing or retaining his or her own legal 390 representation as he or she deems necessary. 391 (V) Purchasing and procurement services using procedures 392 under the laws and ordinances applicable to the county for 393 purchases requiring competitive procurement. 394 (VI) Budget and fiscal software and budget development 395 services. 396 (VII) Human resource services, including, but not limited 397 to, facilitation of the hiring process, including employee 398 applicant screening and employee applicant background checks, 399 and employee benefit administration. The county may provide 400 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 17 of 80 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 human resource services to the sheriff. However, the sheriff is 401 the employer of his or her employees, and the sheriff retains 402 full and complete control and authority over the hiring of his 403 or her employees and the terms and conditions of employment, 404 including employee discipline and termination of employment. The 405 provision of human resource services by the county to the 406 sheriff does not create a joint-employer relationship. The 407 sheriff's employees shall remain members of the county's health 408 insurance and workers' compensation plans for at least the term 409 set forth in this subparagraph. 410 (VIII) Fleet management, including procurement of all 411 vehicles and other mobile assets such as boats and aircraft, and 412 all vehicle repair and maintenance. 413 b. As used in this subparagraph, the term "information 414 technology infrastructure" includes: 415 (I) All hardware, including computers. 416 (II) Budget and fiscal software, including payroll and 417 purchasing software. 418 (III) Computer-aided dispatch. 419 c. Under a cost allocation plan agreed to by the county 420 and the sheriff, the sheriff shall pay the county for such 421 support services and information technology infrastructure from 422 his or her general fund budget, except for any support services 423 and information technology infrastructure costs that general law 424 otherwise and expressly requires the county to fund outside the 425 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 18 of 80 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 sheriff's budget. 426 d. To satisfy compliance with this subsection and to 427 establish the office of the sheriff in a manner that minimizes 428 unnecessary financial expenditures, the county and the sheriff 429 shall execute an interlocal agreement addressing the 430 requirements of this subsection and other expenditures, 431 including an appropriate phase-in period for identification of 432 the sheriff's assets with the sheriff's markings to minimize the 433 cost to taxpayers. The interlocal agreement shall have a term 434 that ends no earlier than September 30, 2028, and may be 435 amended, renewed, extended, or newly adopted at any time 436 following the expiration or termination of the agreement. After 437 the initial period ending no earlier than September 30, 2028, an 438 interlocal agreement may be entered into between the county and 439 the sheriff which provides for the same or different 440 requirements as set forth in this subsection. 441 Section 7. For the purpose of incorporating the amendment 442 made by this act to section 768.28, Florida Statutes, in a 443 reference thereto, paragraph (h) of subsection (3) and paragraph 444 (k) of subsection (15) of section 163.01, Florida Statutes, are 445 reenacted to read: 446 163.01 Florida Interlocal Cooperation Act of 1969.— 447 (3) As used in this section: 448 (h) "Local government liability pool" means a reciprocal 449 insurer as defined in s. 629.011 or any self-insurance program 450 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 19 of 80 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 created pursuant to s. 768.28(16), formed and controlled by 451 counties or municipalities of this state to provide liability 452 insurance coverage for counties, municipalities, or other public 453 agencies of this state, which pool may contract with other 454 parties for the purpose of providing claims administration, 455 processing, accounting, and other administrative facilities. 456 (15) Notwithstanding any other provision of this section 457 or of any other law except s. 361.14, any public agency of this 458 state which is an electric utility, or any separate legal entity 459 created pursuant to the provisions of this section, the 460 membership of which consists only of electric utilities, and 461 which exercises or proposes to exercise the powers granted by 462 part II of chapter 361, the Joint Power Act, may exercise any or 463 all of the following powers: 464 (k) The limitations on waiver in the provisions of s. 465 768.28 or any other law to the contrary notwithstanding, the 466 Legislature, in accordance with s. 13, Art. X of the State 467 Constitution, hereby declares that any such legal entity or any 468 public agency of this state that participates in any electric 469 project waives its sovereign immunity to: 470 1. All other persons participating therein; and 471 2. Any person in any manner contracting with a legal 472 entity of which any such public agency is a member, with 473 relation to: 474 a. Ownership, operation, or any other activity set forth 475 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 20 of 80 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 in sub-subparagraph (b)2.d. with relation to any electric 476 project; or 477 b. The supplying or purchasing of services, output, 478 capacity, energy, or any combination thereof. 479 Section 8. For the purpose of incorporating the amendment 480 made by this act to section 768.28, Florida Statutes, in a 481 reference thereto, section 190.043, Florida Statutes, is 482 reenacted to read: 483 190.043 Suits against the district.—Any suit or action 484 brought or maintained against the district for damages arising 485 out of tort, including, without limitation, any claim arising 486 upon account of an act causing an injury or loss of property, 487 personal injury, or death, shall be subject to the limitations 488 provided in s. 768.28. 489 Section 9. For the purpose of incorporating the amendment 490 made by this act to section 768.28, Florida Statutes, in a 491 reference thereto, subsection (13) of section 213.015, Florida 492 Statutes, is reenacted to read: 493 213.015 Taxpayer rights.—There is created a Florida 494 Taxpayer's Bill of Rights to guarantee that the rights, privacy, 495 and property of Florida taxpayers are adequately safeguarded and 496 protected during tax assessment, collection, and enforcement 497 processes administered under the revenue laws of this state. The 498 Taxpayer's Bill of Rights compiles, in one document, brief but 499 comprehensive statements which explain, in simple, nontechnical 500 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 21 of 80 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 terms, the rights and obligations of the Department of Revenue 501 and taxpayers. Section 192.0105 provides additional rights 502 afforded to payors of property taxes and assessments. The rights 503 afforded taxpayers to ensure that their privacy and property are 504 safeguarded and protected during tax assessment and collection 505 are available only insofar as they are implemented in other 506 parts of the Florida Statutes or rules of the Department of 507 Revenue. The rights so guaranteed Florida taxpayers in the 508 Florida Statutes and the departmental rules are: 509 (13) The right to an action at law within the limitations 510 of s. 768.28, relating to sovereign immunity, to recover damages 511 against the state or the Department of Revenue for injury caused 512 by the wrongful or negligent act or omission of a department 513 officer or employee (see s. 768.28). 514 Section 10. For the purpose of incorporating the amendment 515 made by this act to section 768.28, Florida Statutes, in a 516 reference thereto, section 252.51, Florida Statutes, is 517 reenacted to read: 518 252.51 Liability.—Any person or organization, public or 519 private, owning or controlling real estate or other premises who 520 voluntarily and without compensation, other than payment or 521 reimbursement of costs and expenses, grants a license or 522 privilege or otherwise permits the designation by the local 523 emergency management agency or use of the whole or any part of 524 such real estate or premises for the purpose of sheltering 525 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 22 of 80 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 persons during an actual, impending, mock, or practice 526 emergency, together with her or his successor in interest, if 527 any, shall not be liable for the death of, or injury to, any 528 person on or about such real estate or premises during the 529 actual, impending, mock, or practice emergency, or for loss of, 530 or damage to, the property of such person, solely by reason or 531 as a result of such license, privilege, designation, or use, 532 unless the gross negligence or the willful and wanton misconduct 533 of such person owning or controlling such real estate or 534 premises or her or his successor in interest is the proximate 535 cause of such death, injury, loss, or damage occurring during 536 such sheltering period. Any such person or organization who 537 provides such shelter space for compensation shall be deemed to 538 be an instrumentality of the state or its applicable agency or 539 subdivision for the purposes of s. 768.28. 540 Section 11. For the purpose of incorporating the amendment 541 made by this act to section 768.28, Florida Statutes, in a 542 reference thereto, section 252.89, Florida Statutes, is 543 reenacted to read: 544 252.89 Tort liability.—The commission and the committees 545 shall be state agencies, and the members of the commission and 546 committees shall be officers, employees, or agents of the state 547 for the purposes of s. 768.28. 548 Section 12. For the purpose of incorporating the amendment 549 made by this act to section 768.28, Florida Statutes, in a 550 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 23 of 80 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 reference thereto, section 252.944, Florida Statutes, is 551 reenacted to read: 552 252.944 Tort liability.—The commission and the committees 553 are state agencies, and the members of the commission and 554 committees are officers, employees, or agents of the state for 555 the purpose of s. 768.28. 556 Section 13. For the purpose of incorporating the amendment 557 made by this act to section 768.28, Florida Statutes, in a 558 reference thereto, subsection (2) of section 260.0125, Florida 559 Statutes, is reenacted to read: 560 260.0125 Limitation on liability of private landowners 561 whose property is designated as part of the statewide system of 562 greenways and trails.— 563 (2) Any private landowner who consents to designation of 564 his or her land as part of the statewide system of greenways and 565 trails pursuant to s. 260.016(2)(d) without compensation shall 566 be considered a volunteer, as defined in s. 110.501, and shall 567 be covered by state liability protection pursuant to s. 768.28, 568 including s. 768.28(9). 569 Section 14. For the purpose of incorporating the amendment 570 made by this act to section 768.28, Florida Statutes, in a 571 reference thereto, section 284.31, Florida Statutes, is 572 reenacted to read: 573 284.31 Scope and types of coverages; separate accounts.—574 The Insurance Risk Management Trust Fund must, unless 575 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 24 of 80 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 specifically excluded by the Department of Financial Services, 576 cover all departments of the State of Florida and their 577 employees, agents, and volunteers and must provide separate 578 accounts for workers' compensation, general liability, fleet 579 automotive liability, federal civil rights actions under 42 580 U.S.C. s. 1983 or similar federal statutes, state agency 581 firefighter cancer benefits payable under s. 112.1816(2), and 582 court-awarded attorney fees in other proceedings against the 583 state except for such awards in eminent domain or for inverse 584 condemnation or for awards by the Public Employees Relations 585 Commission. Unless specifically excluded by the Department of 586 Financial Services, the Insurance Risk Management Trust Fund 587 must provide fleet automotive liability coverage to motor 588 vehicles titled to the state, or to any department of the state, 589 when such motor vehicles are used by community transportation 590 coordinators performing, under contract to the appropriate 591 department of the state, services for the transportation 592 disadvantaged under part I of chapter 427. Such fleet automotive 593 liability coverage is primary and is subject to s. 768.28 and 594 parts II and III of chapter 284, and applicable rules adopted 595 thereunder, and the terms and conditions of the certificate of 596 coverage issued by the Department of Financial Services. 597 Section 15. For the purpose of incorporating the amendment 598 made by this act to section 768.28, Florida Statutes, in a 599 reference thereto, section 284.38, Florida Statutes, is 600 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 25 of 80 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 reenacted to read: 601 284.38 Waiver of sovereign immunity; effect.—The insurance 602 programs developed herein shall provide limits as established by 603 the provisions of s. 768.28 if a tort claim. The limits provided 604 in s. 768.28 shall not apply to a civil rights action arising 605 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 606 pending or future claim or judgment arising under any of said 607 statutes may be made upon this act becoming a law, unless the 608 officer, employee, or agent has been determined in the final 609 judgment to have caused the harm intentionally; however, the 610 fund is authorized to pay all other court-ordered attorney's 611 fees as provided under s. 284.31. 612 Section 16. For the purpose of incorporating the amendment 613 made by this act to section 768.28, Florida Statutes, in a 614 reference thereto, paragraph (b) of subsection (1) of section 615 322.13, Florida Statutes, is reenacted to read: 616 322.13 Driver license examiners.— 617 (1) 618 (b) Those persons serving as driver license examiners are 619 not liable for actions taken within the scope of their 620 employment or designation, except as provided by s. 768.28. 621 Section 17. For the purpose of incorporating the amendment 622 made by this act to section 768.28, Florida Statutes, in a 623 reference thereto, subsection (1) of section 337.19, Florida 624 Statutes, is reenacted to read: 625 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 26 of 80 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 337.19 Suits by and against department; limitation of 626 actions; forum.— 627 (1) Suits at law and in equity may be brought and 628 maintained by and against the department on any contract claim 629 arising from breach of an express provision or an implied 630 covenant of a written agreement or a written directive issued by 631 the department pursuant to the written agreement. In any such 632 suit, the department and the contractor shall have all of the 633 same rights and obligations as a private person under a like 634 contract except that no liability may be based on an oral 635 modification of either the written contract or written 636 directive. Nothing herein shall be construed to waive the 637 sovereign immunity of the state and its political subdivisions 638 from equitable claims and equitable remedies. Notwithstanding 639 anything to the contrary contained in this section, no employee 640 or agent of the department may be held personally liable to an 641 extent greater than that pursuant to s. 768.28 provided that no 642 suit sounding in tort shall be maintained against the 643 department. 644 Section 18. For the purpose of incorporating the amendment 645 made by this act to section 768.28, Florida Statutes, in a 646 reference thereto, subsection (17) of section 341.302, Florida 647 Statutes, is reenacted to read: 648 341.302 Rail program; duties and responsibilities of the 649 department.—The department, in conjunction with other 650 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 27 of 80 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 governmental entities, including the rail enterprise and the 651 private sector, shall develop and implement a rail program of 652 statewide application designed to ensure the proper maintenance, 653 safety, revitalization, and expansion of the rail system to 654 assure its continued and increased availability to respond to 655 statewide mobility needs. Within the resources provided pursuant 656 to chapter 216, and as authorized under federal law, the 657 department shall: 658 (17) In conjunction with the acquisition, ownership, 659 construction, operation, maintenance, and management of a rail 660 corridor, have the authority to: 661 (a) Assume obligations pursuant to the following: 662 1.a. The department may assume the obligation by contract 663 to forever protect, defend, indemnify, and hold harmless the 664 freight rail operator, or its successors, from whom the 665 department has acquired a real property interest in the rail 666 corridor, and that freight rail operator's officers, agents, and 667 employees, from and against any liability, cost, and expense, 668 including, but not limited to, commuter rail passengers and rail 669 corridor invitees in the rail corridor, regardless of whether 670 the loss, damage, destruction, injury, or death giving rise to 671 any such liability, cost, or expense is caused in whole or in 672 part, and to whatever nature or degree, by the fault, failure, 673 negligence, misconduct, nonfeasance, or misfeasance of such 674 freight rail operator, its successors, or its officers, agents, 675 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 28 of 80 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 and employees, or any other person or persons whomsoever; or 676 b. The department may assume the obligation by contract to 677 forever protect, defend, indemnify, and hold harmless National 678 Railroad Passenger Corporation, or its successors, and officers, 679 agents, and employees of National Railroad Passenger 680 Corporation, from and against any liability, cost, and expense, 681 including, but not limited to, commuter rail passengers and rail 682 corridor invitees in the rail corridor, regardless of whether 683 the loss, damage, destruction, injury, or death giving rise to 684 any such liability, cost, or expense is caused in whole or in 685 part, and to whatever nature or degree, by the fault, failure, 686 negligence, misconduct, nonfeasance, or misfeasance of National 687 Railroad Passenger Corporation, its successors, or its officers, 688 agents, and employees, or any other person or persons 689 whomsoever. 690 2. The assumption of liability of the department by 691 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph 692 1.b. may not in any instance exceed the following parameters of 693 allocation of risk: 694 a. The department may be solely responsible for any loss, 695 injury, or damage to commuter rail passengers, or rail corridor 696 invitees, or trespassers, regardless of circumstances or cause, 697 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 698 6. 699 b.(I) In the event of a limited covered accident, the 700 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 29 of 80 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 authority of the department to protect, defend, and indemnify 701 the freight operator for all liability, cost, and expense, 702 including punitive or exemplary damages, in excess of the 703 deductible or self-insurance retention fund established under 704 paragraph (b) and actually in force at the time of the limited 705 covered accident exists only if the freight operator agrees, 706 with respect to the limited covered accident, to protect, 707 defend, and indemnify the department for the amount of the 708 deductible or self-insurance retention fund established under 709 paragraph (b) and actually in force at the time of the limited 710 covered accident. 711 (II) In the event of a limited covered accident, the 712 authority of the department to protect, defend, and indemnify 713 National Railroad Passenger Corporation for all liability, cost, 714 and expense, including punitive or exemplary damages, in excess 715 of the deductible or self-insurance retention fund established 716 under paragraph (b) and actually in force at the time of the 717 limited covered accident exists only if National Railroad 718 Passenger Corporation agrees, with respect to the limited 719 covered accident, to protect, defend, and indemnify the 720 department for the amount of the deductible or self-insurance 721 retention fund established under paragraph (b) and actually in 722 force at the time of the limited covered accident. 723 3. When only one train is involved in an incident, the 724 department may be solely responsible for any loss, injury, or 725 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 30 of 80 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 damage if the train is a department train or other train 726 pursuant to subparagraph 4., but only if: 727 a. When an incident occurs with only a freight train 728 involved, including incidents with trespassers or at grade 729 crossings, the freight rail operator is solely responsible for 730 any loss, injury, or damage, except for commuter rail passengers 731 and rail corridor invitees; or 732 b. When an incident occurs with only a National Railroad 733 Passenger Corporation train involved, including incidents with 734 trespassers or at grade crossings, National Railroad Passenger 735 Corporation is solely responsible for any loss, injury, or 736 damage, except for commuter rail passengers and rail corridor 737 invitees. 738 4. For the purposes of this subsection: 739 a. Any train involved in an incident that is neither the 740 department's train nor the freight rail operator's train, 741 hereinafter referred to in this subsection as an "other train," 742 may be treated as a department train, solely for purposes of any 743 allocation of liability between the department and the freight 744 rail operator only, but only if the department and the freight 745 rail operator share responsibility equally as to third parties 746 outside the rail corridor who incur loss, injury, or damage as a 747 result of any incident involving both a department train and a 748 freight rail operator train, and the allocation as between the 749 department and the freight rail operator, regardless of whether 750 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 31 of 80 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 the other train is treated as a department train, shall remain 751 one-half each as to third parties outside the rail corridor who 752 incur loss, injury, or damage as a result of the incident. The 753 involvement of any other train shall not alter the sharing of 754 equal responsibility as to third parties outside the rail 755 corridor who incur loss, injury, or damage as a result of the 756 incident; or 757 b. Any train involved in an incident that is neither the 758 department's train nor the National Railroad Passenger 759 Corporation's train, hereinafter referred to in this subsection 760 as an "other train," may be treated as a department train, 761 solely for purposes of any allocation of liability between the 762 department and National Railroad Passenger Corporation only, but 763 only if the department and National Railroad Passenger 764 Corporation share responsibility equally as to third parties 765 outside the rail corridor who incur loss, injury, or damage as a 766 result of any incident involving both a department train and a 767 National Railroad Passenger Corporation train, and the 768 allocation as between the department and National Railroad 769 Passenger Corporation, regardless of whether the other train is 770 treated as a department train, shall remain one-half each as to 771 third parties outside the rail corridor who incur loss, injury, 772 or damage as a result of the incident. The involvement of any 773 other train shall not alter the sharing of equal responsibility 774 as to third parties outside the rail corridor who incur loss, 775 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 32 of 80 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 injury, or damage as a result of the incident. 776 5. When more than one train is involved in an incident: 777 a.(I) If only a department train and freight rail 778 operator's train, or only an other train as described in sub-779 subparagraph 4.a. and a freight rail operator's train, are 780 involved in an incident, the department may be responsible for 781 its property and all of its people, all commuter rail 782 passengers, and rail corridor invitees, but only if the freight 783 rail operator is responsible for its property and all of its 784 people, and the department and the freight rail operator each 785 share one-half responsibility as to trespassers or third parties 786 outside the rail corridor who incur loss, injury, or damage as a 787 result of the incident; or 788 (II) If only a department train and a National Railroad 789 Passenger Corporation train, or only an other train as described 790 in sub-subparagraph 4.b. and a National Railroad Passenger 791 Corporation train, are involved in an incident, the department 792 may be responsible for its property and all of its people, all 793 commuter rail passengers, and rail corridor invitees, but only 794 if National Railroad Passenger Corporation is responsible for 795 its property and all of its people, all National Railroad 796 Passenger Corporation's rail passengers, and the department and 797 National Railroad Passenger Corporation each share one-half 798 responsibility as to trespassers or third parties outside the 799 rail corridor who incur loss, injury, or damage as a result of 800 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 33 of 80 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 the incident. 801 b.(I) If a department train, a freight rail operator 802 train, and any other train are involved in an incident, the 803 allocation of liability between the department and the freight 804 rail operator, regardless of whether the other train is treated 805 as a department train, shall remain one-half each as to third 806 parties outside the rail corridor who incur loss, injury, or 807 damage as a result of the incident; the involvement of any other 808 train shall not alter the sharing of equal responsibility as to 809 third parties outside the rail corridor who incur loss, injury, 810 or damage as a result of the incident; and, if the owner, 811 operator, or insurer of the other train makes any payment to 812 injured third parties outside the rail corridor who incur loss, 813 injury, or damage as a result of the incident, the allocation of 814 credit between the department and the freight rail operator as 815 to such payment shall not in any case reduce the freight rail 816 operator's third-party-sharing allocation of one-half under this 817 paragraph to less than one-third of the total third party 818 liability; or 819 (II) If a department train, a National Railroad Passenger 820 Corporation train, and any other train are involved in an 821 incident, the allocation of liability between the department and 822 National Railroad Passenger Corporation, regardless of whether 823 the other train is treated as a department train, shall remain 824 one-half each as to third parties outside the rail corridor who 825 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 34 of 80 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 incur loss, injury, or damage as a result of the incident; the 826 involvement of any other train shall not alter the sharing of 827 equal responsibility as to third parties outside the rail 828 corridor who incur loss, injury, or damage as a result of the 829 incident; and, if the owner, operator, or insurer of the other 830 train makes any payment to injured third parties outside the 831 rail corridor who incur loss, injury, or damage as a result of 832 the incident, the allocation of credit between the department 833 and National Railroad Passenger Corporation as to such payment 834 shall not in any case reduce National Railroad Passenger 835 Corporation's third-party-sharing allocation of one-half under 836 this sub-subparagraph to less than one-third of the total third 837 party liability. 838 6. Any such contractual duty to protect, defend, 839 indemnify, and hold harmless such a freight rail operator or 840 National Railroad Passenger Corporation shall expressly include 841 a specific cap on the amount of the contractual duty, which 842 amount shall not exceed $200 million without prior legislative 843 approval, and the department to purchase liability insurance and 844 establish a self-insurance retention fund in the amount of the 845 specific cap established under this subparagraph, provided that: 846 a. No such contractual duty shall in any case be effective 847 nor otherwise extend the department's liability in scope and 848 effect beyond the contractual liability insurance and self-849 insurance retention fund required pursuant to this paragraph; 850 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 35 of 80 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 and 851 b.(I) The freight rail operator's compensation to the 852 department for future use of the department's rail corridor 853 shall include a monetary contribution to the cost of such 854 liability coverage for the sole benefit of the freight rail 855 operator. 856 (II) National Railroad Passenger Corporation's 857 compensation to the department for future use of the 858 department's rail corridor shall include a monetary contribution 859 to the cost of such liability coverage for the sole benefit of 860 National Railroad Passenger Corporation. 861 (b) Purchase liability insurance, which amount shall not 862 exceed $200 million, and establish a self-insurance retention 863 fund for the purpose of paying the deductible limit established 864 in the insurance policies it may obtain, including coverage for 865 the department, any freight rail operator as described in 866 paragraph (a), National Railroad Passenger Corporation, commuter 867 rail service providers, governmental entities, or any ancillary 868 development, which self-insurance retention fund or deductible 869 shall not exceed $10 million. The insureds shall pay a 870 reasonable monetary contribution to the cost of such liability 871 coverage for the sole benefit of the insured. Such insurance and 872 self-insurance retention fund may provide coverage for all 873 damages, including, but not limited to, compensatory, special, 874 and exemplary, and be maintained to provide an adequate fund to 875 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 36 of 80 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 cover claims and liabilities for loss, injury, or damage arising 876 out of or connected with the ownership, operation, maintenance, 877 and management of a rail corridor. 878 (c) Incur expenses for the purchase of advertisements, 879 marketing, and promotional items. 880 (d) Without altering any of the rights granted to the 881 department under this section, agree to assume the obligations 882 to indemnify and insure, pursuant to s. 343.545, freight rail 883 service, intercity passenger rail service, and commuter rail 884 service on a department-owned rail corridor, whether ownership 885 is in fee or by easement, or on a rail corridor where the 886 department has the right to operate. 887 888 Neither the assumption by contract to protect, defend, 889 indemnify, and hold harmless; the purchase of insurance; nor the 890 establishment of a self-insurance retention fund shall be deemed 891 to be a waiver of any defense of sovereign immunity for torts 892 nor deemed to increase the limits of the department's or the 893 governmental entity's liability for torts as provided in s. 894 768.28. The requirements of s. 287.022(1) shall not apply to the 895 purchase of any insurance under this subsection. The provisions 896 of this subsection shall apply and inure fully as to any other 897 governmental entity providing commuter rail service and 898 constructing, operating, maintaining, or managing a rail 899 corridor on publicly owned right-of-way under contract by the 900 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 37 of 80 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 governmental entity with the department or a governmental entity 901 designated by the department. Notwithstanding any law to the 902 contrary, procurement for the construction, operation, 903 maintenance, and management of any rail corridor described in 904 this subsection, whether by the department, a governmental 905 entity under contract with the department, or a governmental 906 entity designated by the department, shall be pursuant to s. 907 287.057 and shall include, but not be limited to, criteria for 908 the consideration of qualifications, technical aspects of the 909 proposal, and price. Further, any such contract for design-build 910 shall be procured pursuant to the criteria in s. 337.11(7). 911 Section 19. For the purpose of incorporating the amendment 912 made by this act to section 768.28, Florida Statutes, in a 913 reference thereto, paragraph (c) of subsection (4) of section 914 351.03, Florida Statutes, is reenacted to read: 915 351.03 Railroad-highway grade-crossing warning signs and 916 signals; audible warnings; exercise of reasonable care; blocking 917 highways, roads, and streets during darkness.— 918 (4) 919 (c) Nothing in this subsection shall be construed to 920 nullify the liability provisions of s. 768.28. 921 Section 20. For the purpose of incorporating the amendment 922 made by this act to section 768.28, Florida Statutes, in a 923 reference thereto, subsection (6) of section 373.1395, Florida 924 Statutes, is reenacted to read: 925 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 38 of 80 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 373.1395 Limitation on liability of water management 926 district with respect to areas made available to the public for 927 recreational purposes without charge.— 928 (6) This section does not relieve any water management 929 district of any liability that would otherwise exist for gross 930 negligence or a deliberate, willful, or malicious injury to a 931 person or property. This section does not create or increase the 932 liability of any water management district or person beyond that 933 which is authorized by s. 768.28. 934 Section 21. For the purpose of incorporating the amendment 935 made by this act to section 768.28, Florida Statutes, in a 936 reference thereto, paragraph (a) of subsection (3) of section 937 375.251, Florida Statutes, is reenacted to read: 938 375.251 Limitation on liability of persons making 939 available to public certain areas for recreational purposes 940 without charge.— 941 (3)(a) An owner of an area who enters into a written 942 agreement concerning the area with a state agency for outdoor 943 recreational purposes, where such agreement recognizes that the 944 state agency is responsible for personal injury, loss, or damage 945 resulting in whole or in part from the state agency's use of the 946 area under the terms of the agreement subject to the limitations 947 and conditions specified in s. 768.28, owes no duty of care to 948 keep the area safe for entry or use by others, or to give 949 warning to persons entering or going on the area of any 950 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 39 of 80 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 hazardous conditions, structures, or activities thereon. An 951 owner who enters into a written agreement concerning the area 952 with a state agency for outdoor recreational purposes: 953 1. Is not presumed to extend any assurance that the area 954 is safe for any purpose; 955 2. Does not incur any duty of care toward a person who 956 goes on the area that is subject to the agreement; or 957 3. Is not liable or responsible for any injury to persons 958 or property caused by the act or omission of a person who goes 959 on the area that is subject to the agreement. 960 Section 22. For the purpose of incorporating the amendment 961 made by this act to section 768.28, Florida Statutes, in a 962 reference thereto, subsection (9) of section 381.0056, Florida 963 Statutes, is reenacted to read: 964 381.0056 School health services program.— 965 (9) Any health care entity that provides school health 966 services under contract with the department pursuant to a school 967 health services plan developed under this section, and as part 968 of a school nurse services public-private partnership, is deemed 969 to be a corporation acting primarily as an instrumentality of 970 the state solely for the purpose of limiting liability pursuant 971 to s. 768.28(5). The limitations on tort actions contained in s. 972 768.28(5) shall apply to any action against the entity with 973 respect to the provision of school health services, if the 974 entity is acting within the scope of and pursuant to guidelines 975 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 40 of 80 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 established in the contract or by rule of the department. The 976 contract must require the entity, or the partnership on behalf 977 of the entity, to obtain general liability insurance coverage, 978 with any additional endorsement necessary to insure the entity 979 for liability assumed by its contract with the department. The 980 Legislature intends that insurance be purchased by entities, or 981 by partnerships on behalf of the entity, to cover all liability 982 claims, and under no circumstances shall the state or the 983 department be responsible for payment of any claims or defense 984 costs for claims brought against the entity or its subcontractor 985 for services performed under the contract with the department. 986 This subsection does not preclude consideration by the 987 Legislature for payment by the state of any claims bill 988 involving an entity contracting with the department pursuant to 989 this section. 990 Section 23. For the purpose of incorporating the amendment 991 made by this act to section 768.28, Florida Statutes, in a 992 reference thereto, subsection (3) of section 393.075, Florida 993 Statutes, is reenacted to read: 994 393.075 General liability coverage.— 995 (3) This section shall not be construed as designating or 996 not designating that a person who owns or operates a foster care 997 facility or group home facility as described in this section or 998 any other person is an employee or agent of the state. Nothing 999 in this section amends, expands, or supersedes the provisions of 1000 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 41 of 80 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 s. 768.28. 1001 Section 24. For the purpose of incorporating the amendment 1002 made by this act to section 768.28, Florida Statutes, in a 1003 reference thereto, subsection (7) of section 394.9085, Florida 1004 Statutes, is reenacted to read: 1005 394.9085 Behavioral provider liability.— 1006 (7) This section shall not be construed to waive sovereign 1007 immunity for any governmental unit or other entity protected by 1008 sovereign immunity. Section 768.28 shall continue to apply to 1009 all governmental units and such entities. 1010 Section 25. For the purpose of incorporating the amendment 1011 made by this act to section 768.28, Florida Statutes, in a 1012 reference thereto, paragraph (g) of subsection (10) of section 1013 395.1055, Florida Statutes, is reenacted to read: 1014 395.1055 Rules and enforcement.— 1015 (10) The agency shall establish a pediatric cardiac 1016 technical advisory panel, pursuant to s. 20.052, to develop 1017 procedures and standards for measuring outcomes of pediatric 1018 cardiac catheterization programs and pediatric cardiovascular 1019 surgery programs. 1020 (g) Panel members are agents of the state for purposes of 1021 s. 768.28 throughout the good faith performance of the duties 1022 assigned to them by the Secretary of Health Care Administration. 1023 Section 26. For the purpose of incorporating the amendment 1024 made by this act to section 768.28, Florida Statutes, in a 1025 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 42 of 80 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 reference thereto, paragraph (c) of subsection (17) of section 1026 403.706, Florida Statutes, is reenacted to read: 1027 403.706 Local government solid waste responsibilities.— 1028 (17) To effect the purposes of this part, counties and 1029 municipalities are authorized, in addition to other powers 1030 granted pursuant to this part: 1031 (c) To waive sovereign immunity and immunity from suit in 1032 federal court by vote of the governing body of the county or 1033 municipality to the extent necessary to carry out the authority 1034 granted in paragraphs (a) and (b), notwithstanding the 1035 limitations prescribed in s. 768.28. 1036 Section 27. For the purpose of incorporating the amendment 1037 made by this act to section 768.28, Florida Statutes, in a 1038 reference thereto, paragraph (b) of subsection (15) of section 1039 409.175, Florida Statutes, is reenacted to read: 1040 409.175 Licensure of family foster homes, residential 1041 child-caring agencies, and child-placing agencies; public 1042 records exemption.— 1043 (15) 1044 (b) This subsection may not be construed as designating or 1045 not designating that a person who owns or operates a family 1046 foster home as described in this subsection or any other person 1047 is an employee or agent of the state. Nothing in this subsection 1048 amends, expands, or supersedes the provisions of s. 768.28. 1049 Section 28. For the purpose of incorporating the amendment 1050 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 43 of 80 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 made by this act to section 768.28, Florida Statutes, in a 1051 reference thereto, subsection (1), paragraph (a) of subsection 1052 (2), and paragraph (a) of subsection (3) of section 409.993, 1053 Florida Statutes, are reenacted to read: 1054 409.993 Lead agencies and subcontractor liability.— 1055 (1) FINDINGS.— 1056 (a) The Legislature finds that the state has traditionally 1057 provided foster care services to children who are the 1058 responsibility of the state. As such, foster children have not 1059 had the right to recover for injuries beyond the limitations 1060 specified in s. 768.28. The Legislature has determined that 1061 foster care and related services should be outsourced pursuant 1062 to this section and that the provision of such services is of 1063 paramount importance to the state. The purpose of such 1064 outsourcing is to increase the level of safety, security, and 1065 stability of children who are or become the responsibility of 1066 the state. One of the components necessary to secure a safe and 1067 stable environment for such children is the requirement that 1068 private providers maintain liability insurance. As such, 1069 insurance needs to be available and remain available to 1070 nongovernmental foster care and related services providers 1071 without the resources of such providers being significantly 1072 reduced by the cost of maintaining such insurance. 1073 (b) The Legislature further finds that, by requiring the 1074 following minimum levels of insurance, children in outsourced 1075 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 44 of 80 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 foster care and related services will gain increased protection 1076 and rights of recovery in the event of injury than currently 1077 provided in s. 768.28. 1078 (2) LEAD AGENCY LIABILITY.— 1079 (a) Other than an entity to which s. 768.28 applies, an 1080 eligible community-based care lead agency, or its employees or 1081 officers, except as otherwise provided in paragraph (b), shall, 1082 as a part of its contract, obtain a minimum of $1 million per 1083 occurrence with a policy period aggregate limit of $3 million in 1084 general liability insurance coverage. The lead agency must also 1085 require that staff who transport client children and families in 1086 their personal automobiles in order to carry out their job 1087 responsibilities obtain minimum bodily injury liability 1088 insurance in the amount of $100,000 per person per any one 1089 automobile accident, and subject to such limits for each person, 1090 $300,000 for all damages resulting from any one automobile 1091 accident, on their personal automobiles. In lieu of personal 1092 motor vehicle insurance, the lead agency's casualty, liability, 1093 or motor vehicle insurance carrier may provide nonowned 1094 automobile liability coverage. This insurance provides liability 1095 insurance for an automobile that the lead agency uses in 1096 connection with the lead agency's business but does not own, 1097 lease, rent, or borrow. This coverage includes an automobile 1098 owned by an employee of the lead agency or a member of the 1099 employee's household but only while the automobile is used in 1100 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 45 of 80 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 connection with the lead agency's business. The nonowned 1101 automobile coverage for the lead agency applies as excess 1102 coverage over any other collectible insurance. The personal 1103 automobile policy for the employee of the lead agency shall be 1104 primary insurance, and the nonowned automobile coverage of the 1105 lead agency acts as excess insurance to the primary insurance. 1106 The lead agency shall provide a minimum limit of $1 million in 1107 nonowned automobile coverage. In a tort action brought against 1108 such a lead agency or employee, net economic damages shall be 1109 limited to $2 million per liability claim and $200,000 per 1110 automobile claim, including, but not limited to, past and future 1111 medical expenses, wage loss, and loss of earning capacity, 1112 offset by any collateral source payment paid or payable. In any 1113 tort action brought against a lead agency, noneconomic damages 1114 shall be limited to $400,000 per claim. A claims bill may be 1115 brought on behalf of a claimant pursuant to s. 768.28 for any 1116 amount exceeding the limits specified in this paragraph. Any 1117 offset of collateral source payments made as of the date of the 1118 settlement or judgment shall be in accordance with s. 768.76. 1119 The lead agency is not liable in tort for the acts or omissions 1120 of its subcontractors or the officers, agents, or employees of 1121 its subcontractors. 1122 (3) SUBCONTRACTOR LIABILITY.— 1123 (a) A subcontractor of an eligible community-based care 1124 lead agency that is a direct provider of foster care and related 1125 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 46 of 80 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 services to children and families, and its employees or 1126 officers, except as otherwise provided in paragraph (b), must, 1127 as a part of its contract, obtain a minimum of $1 million per 1128 occurrence with a policy period aggregate limit of $3 million in 1129 general liability insurance coverage. The subcontractor of a 1130 lead agency must also require that staff who transport client 1131 children and families in their personal automobiles in order to 1132 carry out their job responsibilities obtain minimum bodily 1133 injury liability insurance in the amount of $100,000 per person 1134 in any one automobile accident, and subject to such limits for 1135 each person, $300,000 for all damages resulting from any one 1136 automobile accident, on their personal automobiles. In lieu of 1137 personal motor vehicle insurance, the subcontractor's casualty, 1138 liability, or motor vehicle insurance carrier may provide 1139 nonowned automobile liability coverage. This insurance provides 1140 liability insurance for automobiles that the subcontractor uses 1141 in connection with the subcontractor's business but does not 1142 own, lease, rent, or borrow. This coverage includes automobiles 1143 owned by the employees of the subcontractor or a member of the 1144 employee's household but only while the automobiles are used in 1145 connection with the subcontractor's business. The nonowned 1146 automobile coverage for the subcontractor applies as excess 1147 coverage over any other collectible insurance. The personal 1148 automobile policy for the employee of the subcontractor shall be 1149 primary insurance, and the nonowned automobile coverage of the 1150 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 47 of 80 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 subcontractor acts as excess insurance to the primary insurance. 1151 The subcontractor shall provide a minimum limit of $1 million in 1152 nonowned automobile coverage. In a tort action brought against 1153 such subcontractor or employee, net economic damages shall be 1154 limited to $2 million per liability claim and $200,000 per 1155 automobile claim, including, but not limited to, past and future 1156 medical expenses, wage loss, and loss of earning capacity, 1157 offset by any collateral source payment paid or payable. In a 1158 tort action brought against such subcontractor, noneconomic 1159 damages shall be limited to $400,000 per claim. A claims bill 1160 may be brought on behalf of a claimant pursuant to s. 768.28 for 1161 any amount exceeding the limits specified in this paragraph. Any 1162 offset of collateral source payments made as of the date of the 1163 settlement or judgment shall be in accordance with s. 768.76. 1164 Section 29. For the purpose of incorporating the amendment 1165 made by this act to section 768.28, Florida Statutes, in a 1166 reference thereto, subsection (8) of section 420.504, Florida 1167 Statutes, is reenacted to read: 1168 420.504 Public corporation; creation, membership, terms, 1169 expenses.— 1170 (8) The corporation is a corporation primarily acting as 1171 an instrumentality of the state, within the meaning of s. 1172 768.28. 1173 Section 30. For the purpose of incorporating the amendment 1174 made by this act to section 768.28, Florida Statutes, in a 1175 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 48 of 80 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 reference thereto, subsection (3) of section 455.221, Florida 1176 Statutes, is reenacted to read: 1177 455.221 Legal and investigative services.— 1178 (3) Any person retained by the department under contract 1179 to review materials, make site visits, or provide expert 1180 testimony regarding any complaint or application filed with the 1181 department relating to a profession under the jurisdiction of 1182 the department shall be considered an agent of the department in 1183 determining the state insurance coverage and sovereign immunity 1184 protection applicability of ss. 284.31 and 768.28. 1185 Section 31. For the purpose of incorporating the amendment 1186 made by this act to section 768.28, Florida Statutes, in a 1187 reference thereto, subsection (5) of section 455.32, Florida 1188 Statutes, is reenacted to read: 1189 455.32 Management Privatization Act.— 1190 (5) Any such corporation may hire staff as necessary to 1191 carry out its functions. Such staff are not public employees for 1192 the purposes of chapter 110 or chapter 112, except that the 1193 board of directors and the employees of the corporation are 1194 subject to the provisions of s. 112.061 and part III of chapter 1195 112. The provisions of s. 768.28 apply to each such corporation, 1196 which is deemed to be a corporation primarily acting as an 1197 instrumentality of the state but which is not an agency within 1198 the meaning of s. 20.03(1). 1199 Section 32. For the purpose of incorporating the amendment 1200 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 49 of 80 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 made by this act to section 768.28, Florida Statutes, in a 1201 reference thereto, subsection (3) of section 456.009, Florida 1202 Statutes, is reenacted to read: 1203 456.009 Legal and investigative services.— 1204 (3) Any person retained by the department under contract 1205 to review materials, make site visits, or provide expert 1206 testimony regarding any complaint or application filed with the 1207 department relating to a profession under the jurisdiction of 1208 the department shall be considered an agent of the department in 1209 determining the state insurance coverage and sovereign immunity 1210 protection applicability of ss. 284.31 and 768.28. 1211 Section 33. For the purpose of incorporating the amendment 1212 made by this act to section 768.28, Florida Statutes, in a 1213 reference thereto, paragraph (a) of subsection (15) of section 1214 456.076, Florida Statutes, is reenacted to read: 1215 456.076 Impaired practitioner programs.— 1216 (15)(a) A consultant retained pursuant to this section and 1217 a consultant's directors, officers, employees, or agents shall 1218 be considered agents of the department for purposes of s. 768.28 1219 while acting within the scope of the consultant's duties under 1220 the contract with the department. 1221 Section 34. For the purpose of incorporating the amendment 1222 made by this act to section 768.28, Florida Statutes, in a 1223 reference thereto, subsection (3) of section 471.038, Florida 1224 Statutes, is reenacted to read: 1225 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 50 of 80 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 471.038 Florida Engineers Management Corporation.— 1226 (3) The Florida Engineers Management Corporation is 1227 created to provide administrative, investigative, and 1228 prosecutorial services to the board in accordance with the 1229 provisions of chapter 455 and this chapter. The management 1230 corporation may hire staff as necessary to carry out its 1231 functions. Such staff are not public employees for the purposes 1232 of chapter 110 or chapter 112, except that the board of 1233 directors and the staff are subject to the provisions of s. 1234 112.061. The provisions of s. 768.28 apply to the management 1235 corporation, which is deemed to be a corporation primarily 1236 acting as an instrumentality of the state, but which is not an 1237 agency within the meaning of s. 20.03(1). The management 1238 corporation shall: 1239 (a) Be a Florida corporation not for profit, incorporated 1240 under the provisions of chapter 617. 1241 (b) Provide administrative, investigative, and 1242 prosecutorial services to the board in accordance with the 1243 provisions of chapter 455, this chapter, and the contract 1244 required by this section. 1245 (c) Receive, hold, and administer property and make only 1246 prudent expenditures directly related to the responsibilities of 1247 the board, and in accordance with the contract required by this 1248 section. 1249 (d) Be approved by the board, and the department, to 1250 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 51 of 80 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 operate for the benefit of the board and in the best interest of 1251 the state. 1252 (e) Operate under a fiscal year that begins on July 1 of 1253 each year and ends on June 30 of the following year. 1254 (f) Have a seven-member board of directors, five of whom 1255 are to be appointed by the board and must be registrants 1256 regulated by the board and two of whom are to be appointed by 1257 the secretary and must be laypersons not regulated by the board. 1258 All appointments shall be for 4-year terms. No member shall 1259 serve more than two consecutive terms. Failure to attend three 1260 consecutive meetings shall be deemed a resignation from the 1261 board, and the vacancy shall be filled by a new appointment. 1262 (g) Select its officers in accordance with its bylaws. The 1263 members of the board of directors who were appointed by the 1264 board may be removed by the board. 1265 (h) Select the president of the management corporation, 1266 who shall also serve as executive director to the board, subject 1267 to approval of the board. 1268 (i) Use a portion of the interest derived from the 1269 management corporation account to offset the costs associated 1270 with the use of credit cards for payment of fees by applicants 1271 or licensees. 1272 (j) Operate under a written contract with the department 1273 which is approved by the board. The contract must provide for, 1274 but is not limited to: 1275 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 52 of 80 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 1. Submission by the management corporation of an annual 1276 budget that complies with board rules for approval by the board 1277 and the department. 1278 2. Annual certification by the board and the department 1279 that the management corporation is complying with the terms of 1280 the contract in a manner consistent with the goals and purposes 1281 of the board and in the best interest of the state. This 1282 certification must be reported in the board's minutes. The 1283 contract must also provide for methods and mechanisms to resolve 1284 any situation in which the certification process determines 1285 noncompliance. 1286 3. Funding of the management corporation through 1287 appropriations allocated to the regulation of professional 1288 engineers from the Professional Regulation Trust Fund. 1289 4. The reversion to the board, or the state if the board 1290 ceases to exist, of moneys, records, data, and property held in 1291 trust by the management corporation for the benefit of the 1292 board, if the management corporation is no longer approved to 1293 operate for the board or the board ceases to exist. All records 1294 and data in a computerized database shall be returned to the 1295 department in a form that is compatible with the computerized 1296 database of the department. 1297 5. The securing and maintaining by the management 1298 corporation, during the term of the contract and for all acts 1299 performed during the term of the contract, of all liability 1300 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 53 of 80 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 insurance coverages in an amount to be approved by the board to 1301 defend, indemnify, and hold harmless the management corporation 1302 and its officers and employees, the department and its 1303 employees, and the state against all claims arising from state 1304 and federal laws. Such insurance coverage must be with insurers 1305 qualified and doing business in the state. The management 1306 corporation must provide proof of insurance to the department. 1307 The department and its employees and the state are exempt from 1308 and are not liable for any sum of money which represents a 1309 deductible, which sums shall be the sole responsibility of the 1310 management corporation. Violation of this subparagraph shall be 1311 grounds for terminating the contract. 1312 6. Payment by the management corporation, out of its 1313 allocated budget, to the department of all costs of 1314 representation by the board counsel, including salary and 1315 benefits, travel, and any other compensation traditionally paid 1316 by the department to other board counsel. 1317 7. Payment by the management corporation, out of its 1318 allocated budget, to the department of all costs incurred by the 1319 management corporation or the board for the Division of 1320 Administrative Hearings of the Department of Management Services 1321 and any other cost for utilization of these state services. 1322 8. Payment by the management corporation, out of its 1323 allocated budget, to the department of reasonable costs 1324 associated with the contract monitor. 1325 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 54 of 80 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 (k) Provide for an annual financial audit of its financial 1326 accounts and records by an independent certified public 1327 accountant. The annual audit report shall include a management 1328 letter in accordance with s. 11.45 and a detailed supplemental 1329 schedule of expenditures for each expenditure category. The 1330 annual audit report must be submitted to the board, the 1331 department, and the Auditor General for review. 1332 (l) Provide for persons not employed by the corporation 1333 who are charged with the responsibility of receiving and 1334 depositing fee and fine revenues to have a faithful performance 1335 bond in such an amount and according to such terms as shall be 1336 determined in the contract. 1337 (m) Submit to the secretary, the board, and the 1338 Legislature, on or before October 1 of each year, a report on 1339 the status of the corporation which includes, but is not limited 1340 to, information concerning the programs and funds that have been 1341 transferred to the corporation. The report must include: the 1342 number of license applications received; the number approved and 1343 denied and the number of licenses issued; the number of 1344 examinations administered and the number of applicants who 1345 passed or failed the examination; the number of complaints 1346 received; the number determined to be legally sufficient; the 1347 number dismissed; the number determined to have probable cause; 1348 the number of administrative complaints issued and the status of 1349 the complaints; and the number and nature of disciplinary 1350 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 55 of 80 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 actions taken by the board. 1351 (n) Develop and submit to the department, performance 1352 standards and measurable outcomes for the board to adopt by rule 1353 in order to facilitate efficient and cost-effective regulation. 1354 Section 35. For the purpose of incorporating the amendment 1355 made by this act to section 768.28, Florida Statutes, in a 1356 reference thereto, paragraph (b) of subsection (11) of section 1357 472.006, Florida Statutes, is reenacted to read: 1358 472.006 Department; powers and duties.—The department 1359 shall: 1360 (11) Provide legal counsel for the board by contracting 1361 with the Department of Legal Affairs, by retaining private 1362 counsel pursuant to s. 287.059, or by providing department staff 1363 counsel. The board shall periodically review and evaluate the 1364 services provided by its board counsel. Fees and costs of such 1365 counsel shall be paid from the General Inspection Trust Fund, 1366 subject to ss. 215.37 and 472.011. All contracts for independent 1367 legal counsel must provide for periodic review and evaluation by 1368 the board and the department of services provided. 1369 (b) Any person retained by the department under contract 1370 to review materials, make site visits, or provide expert 1371 testimony regarding any complaint or application filed with the 1372 department relating to the practice of surveying and mapping 1373 shall be considered an agent of the department in determining 1374 the state insurance coverage and sovereign immunity protection 1375 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 56 of 80 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 applicability of ss. 284.31 and 768.28. 1376 Section 36. For the purpose of incorporating the amendment 1377 made by this act to section 768.28, Florida Statutes, in a 1378 reference thereto, subsection (7) of section 497.167, Florida 1379 Statutes, is reenacted to read: 1380 497.167 Administrative matters.— 1381 (7) Any person retained by the department under contract 1382 to review materials, make site visits, or provide expert 1383 testimony regarding any complaint or application filed with the 1384 department, relating to regulation under this chapter, shall be 1385 considered an agent of the department in determining the state 1386 insurance coverage and sovereign immunity protection 1387 applicability of ss. 284.31 and 768.28. 1388 Section 37. For the purpose of incorporating the amendment 1389 made by this act to section 768.28, Florida Statutes, in a 1390 reference thereto, subsection (2) of section 513.118, Florida 1391 Statutes, is reenacted to read: 1392 513.118 Conduct on premises; refusal of service.— 1393 (2) The operator of a recreational vehicle park may 1394 request that a transient guest or visitor who violates 1395 subsection (1) leave the premises immediately. A person who 1396 refuses to leave the premises commits the offense of trespass as 1397 provided in s. 810.08, and the operator may call a law 1398 enforcement officer to have the person and his or her property 1399 removed under the supervision of the officer. A law enforcement 1400 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 57 of 80 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 officer is not liable for any claim involving the removal of the 1401 person or property from the recreational vehicle park under this 1402 section, except as provided in s. 768.28. If conditions do not 1403 allow for immediate removal of the person's property, he or she 1404 may arrange a reasonable time, not to exceed 48 hours, with the 1405 operator to come remove the property, accompanied by a law 1406 enforcement officer. 1407 Section 38. For the purpose of incorporating the amendment 1408 made by this act to section 768.28, Florida Statutes, in a 1409 reference thereto, subsection (1) of section 548.046, Florida 1410 Statutes, is reenacted to read: 1411 548.046 Physician's attendance at match; examinations; 1412 cancellation of match.— 1413 (1) The commission, or the commission representative, 1414 shall assign to each match at least one physician who shall 1415 observe the physical condition of the participants and advise 1416 the commissioner or commission representative in charge and the 1417 referee of the participants' conditions before, during, and 1418 after the match. The commission shall establish a schedule of 1419 fees for the physician's services. The physician's fee shall be 1420 paid by the promoter of the match attended by the physician. The 1421 physician shall be considered an agent of the commission in 1422 determining the state insurance coverage and sovereign immunity 1423 protection applicability of ss. 284.31 and 768.28. 1424 Section 39. For the purpose of incorporating the amendment 1425 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 58 of 80 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 made by this act to section 768.28, Florida Statutes, in a 1426 reference thereto, subsection (8) of section 556.106, Florida 1427 Statutes, is reenacted to read: 1428 556.106 Liability of the member operator, excavator, and 1429 system.— 1430 (8) Any liability of the state, its agencies, or its 1431 subdivisions which arises out of this chapter is subject to the 1432 provisions of s. 768.28. 1433 Section 40. For the purpose of incorporating the amendment 1434 made by this act to section 768.28, Florida Statutes, in a 1435 reference thereto, paragraph (e) of subsection (4) of section 1436 589.19, Florida Statutes, is reenacted to read: 1437 589.19 Creation of certain state forests; naming of 1438 certain state forests; Operation Outdoor Freedom Program.— 1439 (4) 1440 (e)1. A private landowner who provides land for 1441 designation and use as an Operation Outdoor Freedom Program 1442 hunting site shall have limited liability pursuant to s. 1443 375.251. 1444 2. A private landowner who consents to the designation and 1445 use of land as part of the Operation Outdoor Freedom Program 1446 without compensation shall be considered a volunteer, as defined 1447 in s. 110.501, and shall be covered by state liability 1448 protection pursuant to s. 768.28, including s. 768.28(9). 1449 3. This subsection does not: 1450 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 59 of 80 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 a. Relieve any person of liability that would otherwise 1451 exist for deliberate, willful, or malicious injury to persons or 1452 property. 1453 b. Create or increase the liability of any person. 1454 Section 41. For the purpose of incorporating the amendment 1455 made by this act to section 768.28, Florida Statutes, in a 1456 reference thereto, subsections (3) and (4) of section 627.7491, 1457 Florida Statutes, are reenacted to read: 1458 627.7491 Official law enforcement vehicles; motor vehicle 1459 insurance requirements.— 1460 (3) Any suit or action brought or maintained against an 1461 employing agency for damages arising out of tort pursuant to 1462 this section, including, without limitation, any claim arising 1463 upon account of an act causing loss of property, personal 1464 injury, or death, shall be subject to the limitations provided 1465 in s. 768.28(5). 1466 (4) The requirements of this section may be met by any 1467 method authorized by s. 768.28(16). 1468 Section 42. For the purpose of incorporating the amendment 1469 made by this act to section 768.28, Florida Statutes, in a 1470 reference thereto, paragraph (c) of subsection (2) of section 1471 723.0611, Florida Statutes, is reenacted to read: 1472 723.0611 Florida Mobile Home Relocation Corporation.— 1473 (2) 1474 (c) The corporation shall, for purposes of s. 768.28, be 1475 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 60 of 80 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 considered an agency of the state. Agents or employees of the 1476 corporation, members of the board of directors of the 1477 corporation, or representatives of the Division of Florida 1478 Condominiums, Timeshares, and Mobile Homes shall be considered 1479 officers, employees, or agents of the state, and actions against 1480 them and the corporation shall be governed by s. 768.28. 1481 Section 43. For the purpose of incorporating the amendment 1482 made by this act to section 768.28, Florida Statutes, in a 1483 reference thereto, subsection (5) of section 760.11, Florida 1484 Statutes, is reenacted to read: 1485 760.11 Administrative and civil remedies; construction.— 1486 (5) In any civil action brought under this section, the 1487 court may issue an order prohibiting the discriminatory practice 1488 and providing affirmative relief from the effects of the 1489 practice, including back pay. The court may also award 1490 compensatory damages, including, but not limited to, damages for 1491 mental anguish, loss of dignity, and any other intangible 1492 injuries, and punitive damages. The provisions of ss. 768.72 and 1493 768.73 do not apply to this section. The judgment for the total 1494 amount of punitive damages awarded under this section to an 1495 aggrieved person shall not exceed $100,000. In any action or 1496 proceeding under this subsection, the court, in its discretion, 1497 may allow the prevailing party a reasonable attorney's fee as 1498 part of the costs. It is the intent of the Legislature that this 1499 provision for attorney's fees be interpreted in a manner 1500 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 61 of 80 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 consistent with federal case law involving a Title VII action. 1501 The right to trial by jury is preserved in any such private 1502 right of action in which the aggrieved person is seeking 1503 compensatory or punitive damages, and any party may demand a 1504 trial by jury. The commission's determination of reasonable 1505 cause is not admissible into evidence in any civil proceeding, 1506 including any hearing or trial, except to establish for the 1507 court the right to maintain the private right of action. A civil 1508 action brought under this section shall be commenced no later 1509 than 1 year after the date of determination of reasonable cause 1510 by the commission. The commencement of such action shall divest 1511 the commission of jurisdiction of the complaint, except that the 1512 commission may intervene in the civil action as a matter of 1513 right. Notwithstanding the above, the state and its agencies and 1514 subdivisions shall not be liable for punitive damages. The total 1515 amount of recovery against the state and its agencies and 1516 subdivisions shall not exceed the limitation as set forth in s. 1517 768.28(5). 1518 Section 44. For the purpose of incorporating the amendment 1519 made by this act to section 768.28, Florida Statutes, in a 1520 reference thereto, subsection (4) of section 766.1115, Florida 1521 Statutes, is reenacted to read: 1522 766.1115 Health care providers; creation of agency 1523 relationship with governmental contractors.— 1524 (4) CONTRACT REQUIREMENTS.—A health care provider that 1525 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 62 of 80 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 executes a contract with a governmental contractor to deliver 1526 health care services on or after April 17, 1992, as an agent of 1527 the governmental contractor is an agent for purposes of s. 1528 768.28(9), while acting within the scope of duties under the 1529 contract, if the contract complies with the requirements of this 1530 section and regardless of whether the individual treated is 1531 later found to be ineligible. A health care provider shall 1532 continue to be an agent for purposes of s. 768.28(9) for 30 days 1533 after a determination of ineligibility to allow for treatment 1534 until the individual transitions to treatment by another health 1535 care provider. A health care provider under contract with the 1536 state may not be named as a defendant in any action arising out 1537 of medical care or treatment provided on or after April 17, 1538 1992, under contracts entered into under this section. The 1539 contract must provide that: 1540 (a) The right of dismissal or termination of any health 1541 care provider delivering services under the contract is retained 1542 by the governmental contractor. 1543 (b) The governmental contractor has access to the patient 1544 records of any health care provider delivering services under 1545 the contract. 1546 (c) Adverse incidents and information on treatment 1547 outcomes must be reported by any health care provider to the 1548 governmental contractor if the incidents and information pertain 1549 to a patient treated under the contract. The health care 1550 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 63 of 80 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 provider shall submit the reports required by s. 395.0197. If an 1551 incident involves a professional licensed by the Department of 1552 Health or a facility licensed by the Agency for Health Care 1553 Administration, the governmental contractor shall submit such 1554 incident reports to the appropriate department or agency, which 1555 shall review each incident and determine whether it involves 1556 conduct by the licensee that is subject to disciplinary action. 1557 All patient medical records and any identifying information 1558 contained in adverse incident reports and treatment outcomes 1559 which are obtained by governmental entities under this paragraph 1560 are confidential and exempt from the provisions of s. 119.07(1) 1561 and s. 24(a), Art. I of the State Constitution. 1562 (d) Patient selection and initial referral must be made by 1563 the governmental contractor or the provider. Patients may not be 1564 transferred to the provider based on a violation of the 1565 antidumping provisions of the Omnibus Budget Reconciliation Act 1566 of 1989, the Omnibus Budget Reconciliation Act of 1990, or 1567 chapter 395. 1568 (e) If emergency care is required, the patient need not be 1569 referred before receiving treatment, but must be referred within 1570 48 hours after treatment is commenced or within 48 hours after 1571 the patient has the mental capacity to consent to treatment, 1572 whichever occurs later. 1573 (f) The provider is subject to supervision and regular 1574 inspection by the governmental contractor. 1575 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 64 of 80 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 (g) As an agent of the governmental contractor for 1576 purposes of s. 768.28(9), while acting within the scope of 1577 duties under the contract, a health care provider licensed under 1578 chapter 466 may allow a patient, or a parent or guardian of the 1579 patient, to voluntarily contribute a monetary amount to cover 1580 costs of dental laboratory work related to the services provided 1581 to the patient. This contribution may not exceed the actual cost 1582 of the dental laboratory charges. 1583 1584 A governmental contractor that is also a health care provider is 1585 not required to enter into a contract under this section with 1586 respect to the health care services delivered by its employees. 1587 Section 45. For the purpose of incorporating the amendment 1588 made by this act to section 768.28, Florida Statutes, in a 1589 reference thereto, subsection (2) of section 766.112, Florida 1590 Statutes, is reenacted to read: 1591 766.112 Comparative fault.— 1592 (2) In an action for damages for personal injury or 1593 wrongful death arising out of medical negligence, whether in 1594 contract or tort, when an apportionment of damages pursuant to 1595 s. 768.81 is attributed to a board of trustees of a state 1596 university, the court shall enter judgment against the board of 1597 trustees on the basis of the board's percentage of fault and not 1598 on the basis of the doctrine of joint and several liability. The 1599 sole remedy available to a claimant to collect a judgment or 1600 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 65 of 80 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 settlement against a board of trustees, subject to the 1601 provisions of this subsection, shall be pursuant to s. 768.28. 1602 Section 46. For the purpose of incorporating the amendment 1603 made by this act to section 768.28, Florida Statutes, in a 1604 reference thereto, subsection (3) of section 768.1355, Florida 1605 Statutes, is reenacted to read: 1606 768.1355 Florida Volunteer Protection Act.— 1607 (3) Members of elected or appointed boards, councils, and 1608 commissions of the state, counties, municipalities, authorities, 1609 and special districts shall incur no civil liability and shall 1610 have immunity from suit as provided in s. 768.28 for acts or 1611 omissions by members relating to members' conduct of their 1612 official duties. It is the intent of the Legislature to 1613 encourage our best and brightest people to serve on elected and 1614 appointed boards, councils, and commissions. 1615 Section 47. For the purpose of incorporating the amendment 1616 made by this act to section 768.28, Florida Statutes, in a 1617 reference thereto, subsection (7) of section 768.1382, Florida 1618 Statutes, is reenacted to read: 1619 768.1382 Streetlights, security lights, and other similar 1620 illumination; limitation on liability.— 1621 (7) In the event that there is any conflict between this 1622 section and s. 768.81, or any other section of the Florida 1623 Statutes, this section shall control. Further, nothing in this 1624 section shall impact or waive any provision of s. 768.28. 1625 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 66 of 80 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 Section 48. For the purpose of incorporating the amendment 1626 made by this act to section 768.28, Florida Statutes, in a 1627 reference thereto, subsection (4) of section 768.295, Florida 1628 Statutes, is reenacted to read: 1629 768.295 Strategic Lawsuits Against Public Participation 1630 (SLAPP) prohibited.— 1631 (4) A person or entity sued by a governmental entity or 1632 another person in violation of this section has a right to an 1633 expeditious resolution of a claim that the suit is in violation 1634 of this section. A person or entity may move the court for an 1635 order dismissing the action or granting final judgment in favor 1636 of that person or entity. The person or entity may file a motion 1637 for summary judgment, together with supplemental affidavits, 1638 seeking a determination that the claimant's or governmental 1639 entity's lawsuit has been brought in violation of this section. 1640 The claimant or governmental entity shall thereafter file a 1641 response and any supplemental affidavits. As soon as 1642 practicable, the court shall set a hearing on the motion, which 1643 shall be held at the earliest possible time after the filing of 1644 the claimant's or governmental entity's response. The court may 1645 award, subject to the limitations in s. 768.28, the party sued 1646 by a governmental entity actual damages arising from a 1647 governmental entity's violation of this section. The court shall 1648 award the prevailing party reasonable attorney fees and costs 1649 incurred in connection with a claim that an action was filed in 1650 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 67 of 80 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 violation of this section. 1651 Section 49. For the purpose of incorporating the amendment 1652 made by this act to section 768.28, Florida Statutes, in a 1653 reference thereto, section 946.5026, Florida Statutes, is 1654 reenacted to read: 1655 946.5026 Sovereign immunity in tort actions.—The 1656 provisions of s. 768.28 shall be applicable to the corporation 1657 established under this part, which is deemed to be a corporation 1658 primarily acting as an instrumentality of the state. 1659 Section 50. For the purpose of incorporating the amendment 1660 made by this act to section 768.28, Florida Statutes, in a 1661 reference thereto, Subsection (3) of section 946.514, Florida 1662 Statutes, is reenacted to read: 1663 946.514 Civil rights of inmates; inmates not state 1664 employees; liability of corporation for inmate injuries.— 1665 (3) The corporation is liable for inmate injury to the 1666 extent specified in s. 768.28; however, the members of the board 1667 of directors are not individually liable to any inmate for any 1668 injury sustained in any correctional work program operated by 1669 the corporation. 1670 Section 51. For the purpose of incorporating the amendment 1671 made by this act to section 768.28, Florida Statutes, in a 1672 reference thereto, subsection (5), paragraph (a) of subsection 1673 (6), and subsection (7) of section 961.06, Florida Statutes, are 1674 reenacted to read: 1675 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 68 of 80 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 961.06 Compensation for wrongful incarceration.— 1676 (5) Before the department approves the application for 1677 compensation, the wrongfully incarcerated person must sign a 1678 release and waiver on behalf of the wrongfully incarcerated 1679 person and his or her heirs, successors, and assigns, forever 1680 releasing the state or any agency, instrumentality, or any 1681 political subdivision thereof, or any other entity subject to s. 1682 768.28, from all present or future claims that the wrongfully 1683 incarcerated person or his or her heirs, successors, or assigns 1684 may have against such entities arising out of the facts in 1685 connection with the wrongful conviction for which compensation 1686 is being sought under the act. 1687 (6)(a) A wrongfully incarcerated person may not submit an 1688 application for compensation under this act if the person has a 1689 lawsuit pending against the state or any agency, 1690 instrumentality, or any political subdivision thereof, or any 1691 other entity subject to the provisions of s. 768.28, in state or 1692 federal court requesting compensation arising out of the facts 1693 in connection with the claimant's conviction and incarceration. 1694 (7) Any payment made under this act does not constitute a 1695 waiver of any defense of sovereign immunity or an increase in 1696 the limits of liability on behalf of the state or any person 1697 subject to the provisions of s. 768.28 or other law. 1698 Section 52. For the purpose of incorporating the amendment 1699 made by this act to section 768.28, Florida Statutes, in a 1700 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 69 of 80 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 reference thereto, paragraph (h) of subsection (12) of section 1701 1002.33, Florida Statutes, is reenacted to read: 1702 1002.33 Charter schools.— 1703 (12) EMPLOYEES OF CHARTER SCHOOLS.— 1704 (h) For the purposes of tort liability, the charter 1705 school, including its governing body and employees, shall be 1706 governed by s. 768.28. This paragraph does not include any for-1707 profit entity contracted by the charter school or its governing 1708 body. 1709 Section 53. For the purpose of incorporating the amendment 1710 made by this act to section 768.28, Florida Statutes, in a 1711 reference thereto, paragraph (b) of subsection (6) of section 1712 1002.333, Florida Statutes, is reenacted to read: 1713 1002.333 Persistently low-performing schools.— 1714 (6) STATUTORY AUTHORITY.— 1715 (b) For the purposes of tort liability, the hope operator, 1716 the school of hope, and its employees or agents shall be 1717 governed by s. 768.28. The sponsor shall not be liable for civil 1718 damages under state law for the employment actions or personal 1719 injury, property damage, or death resulting from an act or 1720 omission of a hope operator, the school of hope, or its 1721 employees or agents. This paragraph does not include any for-1722 profit entity contracted by the charter school or its governing 1723 body. 1724 Section 54. For the purpose of incorporating the amendment 1725 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 70 of 80 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 made by this act to section 768.28, Florida Statutes, in a 1726 reference thereto, subsection (17) of section 1002.34, Florida 1727 Statutes, is reenacted to read: 1728 1002.34 Charter technical career centers.— 1729 (17) IMMUNITY.—For the purposes of tort liability, the 1730 governing body and employees of a center are governed by s. 1731 768.28. 1732 Section 55. For the purpose of incorporating the amendment 1733 made by this act to section 768.28, Florida Statutes, in a 1734 reference thereto, paragraph (c) of subsection (3) of section 1735 1002.351, Florida Statutes, is reenacted to read: 1736 1002.351 The Florida School for Competitive Academics.— 1737 (3) BOARD OF TRUSTEES.— 1738 (c) The board of trustees is a public agency entitled to 1739 sovereign immunity pursuant to s. 768.28, and board members are 1740 public officers who bear fiduciary responsibility for the 1741 Florida School for Competitive Academics. 1742 Section 56. For the purpose of incorporating the amendment 1743 made by this act to section 768.28, Florida Statutes, in a 1744 reference thereto, subsection (2) of section 1002.37, Florida 1745 Statutes, is reenacted to read: 1746 1002.37 The Florida Virtual School.— 1747 (2) The Florida Virtual School shall be governed by a 1748 board of trustees comprised of seven members appointed by the 1749 Governor to 4-year staggered terms. The board of trustees shall 1750 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 71 of 80 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 be a public agency entitled to sovereign immunity pursuant to s. 1751 768.28, and board members shall be public officers who shall 1752 bear fiduciary responsibility for the Florida Virtual School. 1753 The board of trustees shall have the following powers and 1754 duties: 1755 (a)1. The board of trustees shall meet at least 4 times 1756 each year, upon the call of the chair, or at the request of a 1757 majority of the membership. 1758 2. The fiscal year for the Florida Virtual School shall be 1759 the state fiscal year as provided in s. 216.011(1)(q). 1760 (b) The board of trustees shall be responsible for the 1761 Florida Virtual School's development of a state-of-the-art 1762 technology-based education delivery system that is cost-1763 effective, educationally sound, marketable, and capable of 1764 sustaining a self-sufficient delivery system through the Florida 1765 Education Finance Program. 1766 (c) The board of trustees shall aggressively seek avenues 1767 to generate revenue to support its future endeavors, and shall 1768 enter into agreements with distance learning providers. The 1769 board of trustees may acquire, enjoy, use, and dispose of 1770 patents, copyrights, and trademarks and any licenses and other 1771 rights or interests thereunder or therein. Ownership of all such 1772 patents, copyrights, trademarks, licenses, and rights or 1773 interests thereunder or therein shall vest in the state, with 1774 the board of trustees having full right of use and full right to 1775 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 72 of 80 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 retain the revenues derived therefrom. Any funds realized from 1776 patents, copyrights, trademarks, or licenses shall be considered 1777 internal funds as provided in s. 1011.07. Such funds shall be 1778 used to support the school's marketing and research and 1779 development activities in order to improve courseware and 1780 services to its students. 1781 (d) The board of trustees shall be responsible for the 1782 administration and control of all local school funds derived 1783 from all activities or sources and shall prescribe the 1784 principles and procedures to be followed in administering these 1785 funds. 1786 (e) The Florida Virtual School may accrue supplemental 1787 revenue from supplemental support organizations, which include, 1788 but are not limited to, alumni associations, foundations, 1789 parent-teacher associations, and booster associations. The 1790 governing body of each supplemental support organization shall 1791 recommend the expenditure of moneys collected by the 1792 organization for the benefit of the school. Such expenditures 1793 shall be contingent upon the review of the executive director. 1794 The executive director may override any proposed expenditure of 1795 the organization that would violate Florida law or breach sound 1796 educational management. 1797 (f) In accordance with law and rules of the State Board of 1798 Education, the board of trustees shall administer and maintain 1799 personnel programs for all employees of the board of trustees 1800 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 73 of 80 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 and the Florida Virtual School. The board of trustees may adopt 1801 rules, policies, and procedures related to the appointment, 1802 employment, and removal of personnel. 1803 1. The board of trustees shall determine the compensation, 1804 including salaries and fringe benefits, and other conditions of 1805 employment for such personnel. 1806 2. The board of trustees may establish and maintain a 1807 personnel loan or exchange program by which persons employed by 1808 the board of trustees for the Florida Virtual School as academic 1809 administrative and instructional staff may be loaned to, or 1810 exchanged with persons employed in like capacities by, public 1811 agencies either within or without this state, or by private 1812 industry. With respect to public agency employees, the program 1813 authorized by this subparagraph shall be consistent with the 1814 requirements of part II of chapter 112. The salary and benefits 1815 of board of trustees personnel participating in the loan or 1816 exchange program shall be continued during the period of time 1817 they participate in a loan or exchange program, and such 1818 personnel shall be deemed to have no break in creditable or 1819 continuous service or employment during such time. The salary 1820 and benefits of persons participating in the personnel loan or 1821 exchange program who are employed by public agencies or private 1822 industry shall be paid by the originating employers of those 1823 participants, and such personnel shall be deemed to have no 1824 break in creditable or continuous service or employment during 1825 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 74 of 80 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 such time. 1826 3. The employment of all Florida Virtual School academic 1827 administrative and instructional personnel shall be subject to 1828 rejection for cause by the board of trustees, and shall be 1829 subject to policies of the board of trustees relative to 1830 certification, tenure, leaves of absence, sabbaticals, 1831 remuneration, and such other conditions of employment as the 1832 board of trustees deems necessary and proper, not inconsistent 1833 with law. 1834 4. Each person employed by the board of trustees in an 1835 academic administrative or instructional capacity with the 1836 Florida Virtual School shall be entitled to a contract as 1837 provided by rules of the board of trustees. 1838 5. All employees except temporary, seasonal, and student 1839 employees may be state employees for the purpose of being 1840 eligible to participate in the Florida Retirement System and 1841 receive benefits. The classification and pay plan, including 1842 terminal leave and other benefits, and any amendments thereto, 1843 shall be subject to review and approval by the Department of 1844 Management Services and the Executive Office of the Governor 1845 prior to adoption. 1846 (g) The board of trustees shall establish priorities for 1847 admission of students in accordance with paragraph (1)(b). 1848 (h) The board of trustees shall establish and distribute 1849 to all school districts and high schools in the state procedures 1850 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 75 of 80 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 for enrollment of students in courses offered by the Florida 1851 Virtual School. 1852 (i) The board of trustees shall establish criteria 1853 defining the elements of an approved franchise. The board of 1854 trustees may enter into franchise agreements with Florida 1855 district school boards and may establish the terms and 1856 conditions governing such agreements. The board of trustees 1857 shall establish the performance and accountability measures and 1858 report the performance of each school district franchise to the 1859 Commissioner of Education. 1860 (j) The board of trustees shall submit to the State Board 1861 of Education both forecasted and actual enrollments and credit 1862 completions for the Florida Virtual School, according to 1863 procedures established by the State Board of Education. At a 1864 minimum, such procedures must include the number of public, 1865 private, and home education students served by program and by 1866 county of residence. 1867 (k) The board of trustees shall provide for the content 1868 and custody of student and employee personnel records. Student 1869 records shall be subject to the provisions of s. 1002.22. 1870 Employee records shall be subject to the provisions of s. 1871 1012.31. 1872 (l) The financial records and accounts of the Florida 1873 Virtual School shall be maintained under the direction of the 1874 board of trustees and under rules adopted by the State Board of 1875 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 76 of 80 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 Education for the uniform system of financial records and 1876 accounts for the schools of the state. 1877 1878 The Governor shall designate the initial chair of the board of 1879 trustees to serve a term of 4 years. Members of the board of 1880 trustees shall serve without compensation, but may be reimbursed 1881 for per diem and travel expenses pursuant to s. 112.061. The 1882 board of trustees shall be a body corporate with all the powers 1883 of a body corporate and such authority as is needed for the 1884 proper operation and improvement of the Florida Virtual School. 1885 The board of trustees is specifically authorized to adopt rules, 1886 policies, and procedures, consistent with law and rules of the 1887 State Board of Education related to governance, personnel, 1888 budget and finance, administration, programs, curriculum and 1889 instruction, travel and purchasing, technology, students, 1890 contracts and grants, and property as necessary for optimal, 1891 efficient operation of the Florida Virtual School. Tangible 1892 personal property owned by the board of trustees shall be 1893 subject to the provisions of chapter 273. 1894 Section 57. For the purpose of incorporating the amendment 1895 made by this act to section 768.28, Florida Statutes, in a 1896 reference thereto, paragraph (l) of subsection (3) of section 1897 1002.55, Florida Statutes, is reenacted to read: 1898 1002.55 School-year prekindergarten program delivered by 1899 private prekindergarten providers.— 1900 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 77 of 80 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 (3) To be eligible to deliver the prekindergarten program, 1901 a private prekindergarten provider must meet each of the 1902 following requirements: 1903 (l) Notwithstanding paragraph (j), for a private 1904 prekindergarten provider that is a state agency or a subdivision 1905 thereof, as defined in s. 768.28(2), the provider must agree to 1906 notify the coalition of any additional liability coverage 1907 maintained by the provider in addition to that otherwise 1908 established under s. 768.28. The provider shall indemnify the 1909 coalition to the extent permitted by s. 768.28. Notwithstanding 1910 paragraph (j), for a child development program that is 1911 accredited by a national accrediting body and operates on a 1912 military installation that is certified by the United States 1913 Department of Defense, the provider may demonstrate liability 1914 coverage by affirming that it is subject to the Federal Tort 1915 Claims Act, 28 U.S.C. ss. 2671 et seq. 1916 Section 58. For the purpose of incorporating the amendment 1917 made by this act to section 768.28, Florida Statutes, in a 1918 reference thereto, subsection (10) of section 1002.83, Florida 1919 Statutes, is reenacted to read: 1920 1002.83 Early learning coalitions.— 1921 (10) For purposes of tort liability, each member or 1922 employee of an early learning coalition shall be governed by s. 1923 768.28. 1924 Section 59. For the purpose of incorporating the amendment 1925 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 78 of 80 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 made by this act to section 768.28, Florida Statutes, in a 1926 reference thereto, paragraph (p) of subsection (1) of section 1927 1002.88, Florida Statutes, is reenacted to read: 1928 1002.88 School readiness program provider standards; 1929 eligibility to deliver the school readiness program.— 1930 (1) To be eligible to deliver the school readiness 1931 program, a school readiness program provider must: 1932 (p) Notwithstanding paragraph (m), for a provider that is 1933 a state agency or a subdivision thereof, as defined in s. 1934 768.28(2), agree to notify the coalition of any additional 1935 liability coverage maintained by the provider in addition to 1936 that otherwise established under s. 768.28. The provider shall 1937 indemnify the coalition to the extent permitted by s. 768.28. 1938 Notwithstanding paragraph (m), for a child development program 1939 that is accredited by a national accrediting body and operates 1940 on a military installation that is certified by the United 1941 States Department of Defense, the provider may demonstrate 1942 liability coverage by affirming that it is subject to the 1943 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 1944 Section 60. For the purpose of incorporating the amendment 1945 made by this act to section 768.28, Florida Statutes, in a 1946 reference thereto, subsection (1) of section 1006.24, Florida 1947 Statutes, is reenacted to read: 1948 1006.24 Tort liability; liability insurance.— 1949 (1) Each district school board shall be liable for tort 1950 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 79 of 80 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 claims arising out of any incident or occurrence involving a 1951 school bus or other motor vehicle owned, maintained, operated, 1952 or used by the district school board to transport persons, to 1953 the same extent and in the same manner as the state or any of 1954 its agencies or subdivisions is liable for tort claims under s. 1955 768.28, except that the total liability to persons being 1956 transported for all claims or judgments of such persons arising 1957 out of the same incident or occurrence shall not exceed an 1958 amount equal to $5,000 multiplied by the rated seating capacity 1959 of the school bus or other vehicle, as determined by rules of 1960 the State Board of Education, or $100,000, whichever is greater. 1961 The provisions of s. 768.28 apply to all claims or actions 1962 brought against district school boards, as authorized in this 1963 subsection. 1964 Section 61. For the purpose of incorporating the amendment 1965 made by this act to section 768.28, Florida Statutes, in a 1966 reference thereto, paragraph (b) of subsection (2) of section 1967 1006.261, Florida Statutes, is reenacted to read: 1968 1006.261 Use of school buses for public purposes.— 1969 (2) 1970 (b) For purposes of liability for negligence, state 1971 agencies or subdivisions as defined in s. 768.28(2) shall be 1972 covered by s. 768.28. Every other corporation or organization 1973 shall provide liability insurance coverage in the minimum 1974 amounts of $100,000 on any claim or judgment and $200,000 on all 1975 HB 301 2025 CODING: Words stricken are deletions; words underlined are additions. hb301-00 Page 80 of 80 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 claims and judgments arising from the same incident or 1976 occurrence. 1977 Section 62. This act shall take effect October 1, 2025. 1978