CS/SB 1366 full text · Session Watch

Florida Senate - 2026 CS for SB 1366 By the Committee on Rules; and Senators Brodeur and Rouson 595-03397-26 20261366c1

1 A bill to be entitled

2 An act relating to claims against the government;

3 amending s. 768.28, F.S.; increasing the statutory

4 limits on the liability of the state and its agencies

5 and subdivisions for tort claims; revising exceptions

6 relating to instituting actions on tort claims against

7 the state or one of its agencies or subdivisions;

8 revising the period after which the failure of certain

9 entities to make a final disposition of a claim shall

10 be deemed a final denial of the claim for certain

11 purposes; revising the statute of limitations for tort

12 claims against the state or one of its agencies or

13 subdivisions and exceptions thereto; deleting obsolete

14 language; making technical changes; providing

15 applicability; amending ss. 29.0081, 39.8297, 343.811,

16 and 944.713, F.S.; conforming cross references;

17 conforming provisions to changes made by the act;

18 reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4),

19 111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and

20 (15)(k), 190.043, 213.015(13), 252.51, 252.89,

21 252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b),

22 337.19(1), 341.302(17), 343.811(3), 351.03(4)(c),

23 373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3),

24 394.9085(7), 395.1055(10)(g), 403.706(17)(c),

25 409.175(15)(b), 409.993(1), (2)(a), and (3)(a),

26 420.504(8), 455.221(3), 455.32(5), 456.009(3),

27 456.076(15)(a), 471.038(3), 472.006(11)(b),

28 497.167(7), 513.118(2), 548.046(1), 556.106(8),

29 589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c),

30 760.11(5), 766.1115(4), 766.112(2), 768.1355(3),

31 768.1382(7), 768.295(4), 946.5026, 946.514(3),

32 961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b),

33 1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10),

34 1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S.,

35 relating to offers of settlement; limitations other

36 than for the recovery of real property; volunteer

37 benefits; payment of judgments or settlements against

38 certain public officers or employees; office of the

39 sheriff; the Florida Interlocal Cooperation Act of

40 1969; suits against community development districts;

41 taxpayer rights; liability; tort liability; tort

42 liability; limitation on liability of private

43 landowners whose property is designated as part of the

44 statewide system of greenways and trails; scope and

45 types of coverages; effect of waiver of sovereign

46 immunity; driver license examiners; suits by and

47 against the Department of Transportation; rail

48 program; power to assume indemnification and insurance

49 obligations; railroad-highway grade-crossing warning

50 signs and signals; limitation on liability of a water

51 management district with respect to areas made

52 available to the public for recreational purposes

53 without charge; limitation on liability of persons

54 making available to the public certain areas for

55 recreational purposes without charge; school health

56 services program; general liability coverage;

57 behavioral provider liability; rules and enforcement;

58 local government solid waste responsibilities;

59 licensure of family foster homes, residential child

60 caring agencies, and child-placing agencies; lead

61 agencies and subcontractor liability; the Florida

62 Housing Finance Corporation; legal and investigative

63 services; the Management Privatization Act; legal and

64 investigative services; impaired practitioner

65 programs; the Florida Engineers Management

66 Corporation; the Department of Agriculture and

67 Consumer Services; administrative matters; conduct on

68 premises and refusal of service; physician’s

69 attendance at match; liability of the member operator,

70 excavator, and system; creation of certain state

71 forests, naming of certain state forests, and the

72 Operation Outdoor Freedom Program; official law

73 enforcement vehicles and motor vehicle insurance

74 requirements; the Florida Mobile Home Relocation

75 Corporation; administrative and civil remedies and

76 construction; health care providers and creation of

77 agency relationship with governmental contractors;

78 comparative fault; the Florida Volunteer Protection

79 Act; streetlights, security lights, and other similar

80 illumination and limitation on liability; Strategic

81 Lawsuits Against Public Participation (SLAPP)

82 prohibited; sovereign immunity in tort actions;

83 liability of corporation for inmate injuries;

84 compensation for wrongful incarceration; punishment

85 for contempt of court and alternative sanctions;

86 charter schools; persistently low-performing schools;

87 charter technical career centers; the Florida Virtual

88 School; school-year prekindergarten program delivered

89 by private prekindergarten providers; early learning

90 coalitions; school readiness program provider

91 standards and eligibility to deliver the school

92 readiness program; tort liability and liability

93 insurance; and use of school buses for public

94 purposes, respectively, to incorporate changes made to

95 s. 768.28, F.S., in references thereto; providing an

96 effective date.

98 Be It Enacted by the Legislature of the State of Florida:

100 Section 1. Section 768.28, Florida Statutes, is amended to

101 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 (1) In accordance with s. 13, Art. X of the State

107 Constitution, the state, for itself and for its agencies or

108 subdivisions, hereby waives sovereign immunity for liability for

109 torts, but only to the extent specified in this section ~~act~~ .

110 Actions at law against the state or any of its agencies or

111 subdivisions to recover damages in tort for money damages

112 against the state or its agencies or subdivisions for injury or

113 loss of property, personal injury, or death caused by the

114 negligent or wrongful act or omission of any employee of the

115 agency or subdivision while acting within the scope of the

116 employee’s office or employment under circumstances in which the

117 state or such agency or subdivision, if a private person, would

118 be liable to the claimant, in accordance with the general laws

119 of this state, may be prosecuted subject to the limitations

120 specified in this section ~~act~~ . Any authorized ~~such~~ action may be

121 brought in the county where the property in litigation is

122 located or, if the affected agency or subdivision has an office

123 in the ~~such~~ county for the transaction of its customary

124 business, where the cause of action accrued. However, an ~~any~~

125 ~~such~~ action against a state university board of trustees must

126 ~~shall~~ be brought in the county in which that university’s main

127 campus is located or in the county in which the cause of action

128 accrued if the university maintains ~~therein~~ a substantial

129 presence for the transaction of its customary business in that

130 county .

131 (2) As used in this act, “state agencies or subdivisions”

132 include the executive departments, the Legislature, the judicial

133 branch (including public defenders), and the independent

134 establishments of the state, including state university boards

135 of trustees; counties and municipalities; and corporations

136 primarily acting as instrumentalities or agencies of the state,

137 counties, or municipalities, including the Florida Space

138 Authority.

139 (3) Except for a municipality and the Florida Space

140 Authority, the affected agency or subdivision may, at its

141 discretion, request the assistance of the Department of

142 Financial Services in the consideration, adjustment, and

143 settlement of any claim under this section ~~act~~ .

144 (4) Subject to the provisions of this section, any state

145 agency or subdivision may ~~shall have the right to~~ appeal any

146 award, compromise, settlement, or determination to the court of

147 appropriate jurisdiction.

148 (5)(a) The state and its agencies and subdivisions are

149 ~~shall be~~ liable for tort claims in the same manner and to the

150 same extent as a private individual under like circumstances,

151 but liability may ~~shall~~ not include punitive damages or interest

152 for the period before judgment. ~~Neither~~ The state and ~~nor~~ its

153 agencies or subdivisions are not ~~shall be~~ liable to pay a claim

154 or a judgment by any one person which exceeds the sum of

155 $350,000 ~~$200,000~~ or any claim or judgment, or portions of a

156 claim or judgment ~~thereof~~ , which, when totaled with all other

157 claims or judgments paid by the state or its agencies or

158 subdivisions arising out of the same incident or occurrence,

159 exceeds the sum of $500,000 ~~$300,000~~ . However, a judgment or

160 judgments may be claimed and rendered in excess of these amounts

161 and may be settled and paid pursuant to this section ~~act~~ up to

162 $350,000 ~~$200,000~~ or $500,000. Any ~~$300,000, as the case may be;~~

163 ~~and that~~ portion of the judgment that exceeds these amounts may

164 be reported to the Legislature, but may be paid in part or in

165 whole only by further act of the Legislature.

166 (b) Notwithstanding the limited waiver of sovereign

167 immunity in paragraph (a) ~~provided herein~~ , the state or an

168 agency or subdivision of the state ~~thereof~~ may agree, within the

169 limits of insurance coverage provided, to settle a claim made or

170 a judgment rendered against it without further action by the

171 Legislature, but the state or agency or subdivision of the state

172 may ~~thereof shall~~ not be deemed to have waived any defense of

173 sovereign immunity or to have increased the limits of its

174 liability as a result of its obtaining insurance coverage for

175 tortious acts in excess of the $350,000 ~~$200,000~~ or $500,000

176 ~~$300,000~~ waiver in paragraph (a) ~~provided above~~ .

177 (c) The limitations of liability ~~set forth~~ in this

178 subsection ~~shall~~ apply to the state and its agencies and

179 subdivisions whether or not the state or its agencies or

180 subdivisions possessed sovereign immunity before July 1, 1974.

181 (d) ~~(b)~~ A municipality has a duty to allow the municipal law

182 enforcement agency to respond appropriately to protect persons

183 and property during a riot or an unlawful assembly based on the

184 availability of adequate equipment to its municipal law

185 enforcement officers and relevant state and federal laws. If the

186 governing body of a municipality or a person authorized by the

187 governing body of the municipality breaches that duty, the

188 municipality is civilly liable for any damages, including

189 damages arising from personal injury, wrongful death, or

190 property damages proximately caused by the municipality’s breach

191 of duty. The sovereign immunity recovery limits in paragraph (a)

192 do not apply to an action under this paragraph.

193 (6)(a) An action may not be instituted on a claim against

194 the state or one of its agencies or subdivisions unless the

195 claimant presents the claim in writing to the appropriate

196 agency, and also, except as to any claim against a municipality,

197 county, or the Florida Space Authority, presents the ~~such~~ claim

198 in writing to the Department of Financial Services, within 18

199 months ~~3 years~~ after the ~~such~~ claim accrues and the Department

200 of Financial Services or the appropriate agency denies the claim

201 in writing; except that, if:

202 1. The ~~Such~~ claim is for contribution pursuant to s.

203 768.31, it must be so presented within 6 months after the

204 judgment against the tortfeasor seeking contribution has become

205 final by lapse of time for appeal or after appellate review or,

206 if there is no final ~~such~~ judgment, within 6 months after the

207 tortfeasor seeking contribution has either discharged the common

208 liability by payment or agreed, while the action is pending

209 against her or him, to discharge the common liability; or

210 2. The ~~Such~~ action arises from a violation of s. 794.011

211 involving a victim who was younger than 16 years of age at the

212 time of the act, the claimant may present the claim in writing

213 at any time. This subparagraph applies to any action other than

214 an action that would have been time barred on or before October

215 1, 2026 ~~is for wrongful death, the claimant must present the~~

216 ~~claim in writing to the Department of Financial Services within~~

217 ~~2 years after the claim accrues~~ .

218 (b) For purposes of this section, the requirements of

219 notice to the agency and denial of the claim pursuant to

220 paragraph (a) are conditions precedent to maintaining an action

221 but may ~~shall~~ not be deemed to be elements of the cause of

222 action and do ~~shall~~ not affect the date on which the cause of

223 action accrues.

224 (c) The claimant shall also provide to the agency the

225 claimant’s date and place of birth and social security number if

226 the claimant is an individual, or a federal identification

227 number if the claimant is not an individual. The claimant shall

228 also state the case style, tribunal, the nature and amount of

229 all adjudicated penalties, fines, fees, victim restitution fund,

230 and other judgments in excess of $200, whether imposed by a

231 civil, criminal, or administrative tribunal, owed by the

232 claimant to the state, its agency, officer or subdivision. If

233 there exists no prior adjudicated unpaid claim in excess of

234 $200, the claimant shall so state.

235 (d) For purposes of this section, complete, accurate, and

236 timely compliance with the requirements of paragraph (c) must

237 ~~shall~~ occur before ~~prior to~~ settlement payment, close of

238 discovery , or commencement of trial, whichever is earlier

239 ~~sooner~~ ; provided the ability to plead setoff is not precluded by

240 the delay. This setoff applies ~~shall apply~~ only against that

241 part of the settlement or judgment payable to the claimant,

242 minus claimant’s reasonable attorney ~~attorney’s~~ fees and costs.

243 Incomplete or inaccurate disclosure of unpaid adjudicated claims

244 due the state , or , its agency, officer, or subdivision, may be

245 excused by the court upon a showing by the preponderance of the

246 evidence of the claimant’s lack of knowledge of an adjudicated

247 claim and reasonable inquiry by, or on behalf of, the claimant

248 to obtain the information from public records. Unless the

249 appropriate agency had actual notice of the information required

250 to be disclosed by paragraph (c) in time to assert a setoff, an

251 unexcused failure to disclose shall, upon hearing and order of

252 court, cause the claimant to be liable for double the original

253 undisclosed judgment and, upon further motion, the court shall

254 enter judgment for the agency in that amount. Except as provided

255 otherwise in this subsection, the failure of the Department of

256 Financial Services or the appropriate agency to make final

257 disposition of a claim within 4 6 months after it is filed shall

258 be deemed a final denial of the claim for purposes of this

259 section. For purposes of this subsection, in medical malpractice

260 actions and in wrongful death actions, the failure of the

261 Department of Financial Services or the appropriate agency to

262 make final disposition of a claim within 90 days after it is

263 filed shall be deemed a final denial of the claim. The statute

264 of limitations ~~for medical malpractice actions and wrongful~~

265 ~~death actions~~ is tolled as to all prospective defendants for the

266 period of time taken by the Department of Financial Services or

267 the appropriate agency to deny the claim. ~~The provisions of~~ This

268 subsection does do not apply to ~~such~~ claims that as may be

269 asserted by counterclaim pursuant to s. 768.14.

270 (7) In actions brought pursuant to this section, process

271 must ~~shall~~ be served upon the head of the agency concerned and

272 also, except as to a defendant municipality, county, or the

273 Florida Space Authority, upon the Department of Financial

274 Services . ~~; and~~ The department or the agency served has ~~concerned~~

275 ~~shall have~~ 30 days within which to file responsive pleadings

276 ~~plead thereto~~ .

277 (8) An No attorney may not charge, demand, receive, or

278 collect, for services rendered, fees in excess of 25 percent of

279 any funds recovered as a result of judgment or settlement.

280 (9)(a) An officer, employee, or agent of the state or of

281 any of its subdivisions may not be held personally liable in

282 tort or named as a party defendant in any action for any injury

283 or damage suffered as a result of any act, event, or omission of

284 action in the scope of her or his employment or function, unless

285 the ~~such~~ officer, employee, or agent acted in bad faith or with

286 malicious purpose or in a manner exhibiting wanton and willful

287 disregard of human rights, safety, or property. However, the

288 ~~such~~ officer, employee, or agent shall be considered an adverse

289 witness in a tort action for any injury or damage suffered as a

290 result of any act, event, or omission of action in the scope of

291 her or his employment or function. The exclusive remedy for

292 injury or damage suffered as a result of an act, event, or

293 omission of an officer, employee, or agent of the state or any

294 of its subdivisions or constitutional officers is by action

295 against the governmental entity, or the head of such entity in

296 her or his official capacity, or the constitutional officer of

297 which the officer, employee, or agent is an employee, unless the

298 ~~such~~ act or omission was committed in bad faith or with

299 malicious purpose or in a manner exhibiting wanton and willful

300 disregard of human rights, safety, or property. The state or its

301 subdivisions are not liable in tort for the acts or omissions of

302 an officer, employee, or agent committed while acting outside

303 the course and scope of her or his employment or committed in

304 bad faith or with malicious purpose or in a manner exhibiting

305 wanton and willful disregard of human rights, safety, or

306 property.

307 (b) As used in this subsection, the term:

308 1. “Employee” includes any volunteer firefighter.

309 2. “Officer, employee, or agent” includes, but is not

310 limited to, any health care provider when providing services

311 pursuant to s. 766.1115; any nonprofit independent college or

312 university located and chartered in this state which owns or

313 operates an accredited medical school, and its employees or

314 agents, when providing patient services pursuant to paragraph

315 (10)(f); any public defender or her or his employee or agent,

316 including an assistant public defender or an investigator; and

317 any member of a Child Protection Team, as defined in s. 39.01,

318 or any member of a threat management team, as described in s.

319 1006.07(7), when carrying out her or his duties as a team member

320 under the control, direction, and supervision of the state or

321 any of its agencies or subdivisions.

322 (c) For purposes of the waiver of sovereign immunity only,

323 a member of the Florida National Guard is not acting within the

324 scope of state employment when performing duty under the

325 provisions of Title 10 or Title 32 of the United States Code or

326 other applicable federal law; and ~~neither~~ the state or ~~nor~~ any

327 individual may not be named in any action under this chapter

328 arising from the performance of such federal duty.

329 (d) The employing agency of a law enforcement officer as

330 defined in s. 943.10 is not liable for injury, death, or

331 property damage effected or caused by a person fleeing from a

332 law enforcement officer in a motor vehicle if:

333 1. The pursuit is conducted in a manner that does not

334 involve conduct by the officer which is so reckless or wanting

335 in care as to constitute disregard of human life, human rights,

336 safety, or the property of another;

337 2. At the time the law enforcement officer initiates the

338 pursuit, the officer reasonably believes that the person fleeing

339 has committed a forcible felony as defined in s. 776.08; and

340 3. The pursuit is conducted by the officer pursuant to a

341 written policy governing high-speed pursuit adopted by the

342 employing agency. The policy must contain specific procedures

343 concerning the proper method to initiate and terminate high

344 speed pursuit. The law enforcement officer must have received

345 instructional training from the employing agency on the written

346 policy governing high-speed pursuit.

347 (10)(a) Health care providers or vendors, or any of their

348 employees or agents, that have contractually agreed to act as

349 agents of the Department of Corrections to provide health care

350 services to inmates of the state correctional system shall be

351 considered agents of the State of Florida, Department of

352 Corrections, for the purposes of this section, while acting

353 within the scope of and pursuant to guidelines established in

354 their contracts ~~said contract~~ or by rule. The contracts must

355 ~~shall~~ provide for the indemnification of the state by the agent

356 for any liabilities incurred up to the limits set out in this

357 chapter.

358 (b) This subsection may ~~shall~~ not be construed as

359 designating persons providing contracted health care services to

360 inmates as employees or agents of the state for the purposes of

361 chapter 440.

362 (c) For purposes of this section, regional poison control

363 centers created in accordance with s. 395.1027 and coordinated

364 and supervised under the Division of Children’s Medical Services

365 Prevention and Intervention of the Department of Health, or any

366 of their employees or agents, shall be considered agents of the

367 State of Florida, Department of Health. Any contracts with

368 poison control centers must provide, to the extent permitted by

369 law, for the indemnification of the state by the agency for any

370 liabilities incurred up to the limits set out in this chapter.

371 (d) For the purposes of this section, operators,

372 dispatchers, and providers of security for rail services and

373 rail facility maintenance providers in the South Florida Rail

374 Corridor, or any of their employees or agents, performing ~~such~~

375 services under contract with and on behalf of the South Florida

376 Regional Transportation Authority or the Department of

377 Transportation shall be considered agents of the state while

378 acting within the scope of and pursuant to guidelines

379 established in their contracts ~~said contract~~ or by rule.

380 (e) For purposes of this section, a professional firm that

381 provides monitoring and inspection services of the work required

382 for state roadway, bridge, or other transportation facility

383 construction projects, or any employee of a firm performing

384 those ~~such~~ services, is considered an agent of the Department of

385 Transportation while acting within the scope of the firm’s

386 contract with the Department of Transportation to ensure that

387 the project is constructed in conformity with the project’s

388 plans, specifications, and contract provisions. This paragraph

389 applies to a professional firm that is in direct contract with

390 the Department of Transportation, as well as any professional

391 firm providing monitoring and inspection services as a

392 consultant to the professional firm that is in direct contract

393 with the Department of Transportation. Any contract with a

394 professional firm must, to the extent permitted by law, provide

395 for the indemnification of the Department of Transportation for

396 any liability, including reasonable attorney fees, incurred up

397 to the limits set out in this chapter to the extent caused by

398 the negligence of the firm or its employees. This paragraph may

399 not be construed as designating persons who provide monitoring

400 and inspection services as employees or agents of the state for

401 purposes of chapter 440. This paragraph is not applicable to the

402 professional firm or its employees if involved in an accident

403 while operating a motor vehicle. This paragraph is not

404 applicable to a firm engaged by the Department of Transportation

405 for the design or construction of a state roadway, bridge, or

406 other transportation facility construction project or to its

407 employees, agents, or subcontractors.

408 (f) For purposes of this section, any nonprofit independent

409 college or university located and chartered in this state which

410 owns or operates an accredited medical school, or any of its

411 employees or agents, and which has agreed in an affiliation

412 agreement or other contract to provide, or permit its employees

413 or agents to provide, patient services as agents of a teaching

414 hospital, is considered an agent of the teaching hospital while

415 acting within the scope of and pursuant to guidelines

416 established in the affiliation agreement or other contract. To

417 the extent allowed by law, the contract must provide for the

418 indemnification of the teaching hospital, up to the limits set

419 out in this chapter, by the agent for any liability incurred

420 which was caused by the negligence of the college or university

421 or its employees or agents. The contract must also provide that

422 those limited portions of the college, university, or medical

423 school which are directly providing services pursuant to the

424 contract and which are considered an agent of the teaching

425 hospital for purposes of this section are deemed to be acting on

426 behalf of a public agency as defined in s. 119.011(2).

427 1. For purposes of this paragraph, the term:

428 a. “Employee or agent” means an officer, employee, agent,

429 or servant of a nonprofit independent college or university

430 located and chartered in this state which owns or operates an

431 accredited medical school, including, but not limited to, the

432 faculty of the medical school, any health care practitioner or

433 licensee as defined in s. 456.001 for which the college or

434 university is vicariously liable, and the staff or

435 administrators of the medical school.

436 b. “Patient services” means:

437 (I) Comprehensive health care services as defined in s.

438 641.19, including any related administrative service, provided

439 to patients in a teaching hospital;

440 (II) Training and supervision of interns, residents, and

441 fellows providing patient services in a teaching hospital; or

442 (III) Training and supervision of medical students in a

443 teaching hospital.

444 c. “Teaching hospital” means a teaching hospital as defined

445 in s. 408.07 which is owned or operated by the state, a county

446 or municipality, a public health trust, a special taxing

447 district, a governmental entity having health care

448 responsibilities, or a not-for-profit entity that operates such

449 facility as an agent of the state, or a political subdivision of

450 the state, under a lease or other contract.

451 2. The teaching hospital or the medical school, or its

452 employees or agents, must provide notice to each patient, or the

453 patient’s legal representative, that the college or university

454 that owns or operates the medical school and the employees or

455 agents of that college or university are acting as agents of the

456 teaching hospital and that the exclusive remedy for injury or

457 damage suffered as the result of any act or omission of the

458 teaching hospital, the college or university that owns or

459 operates the medical school, or the employees or agents of the

460 college or university, while acting within the scope of duties

461 pursuant to the affiliation agreement or other contract with a

462 teaching hospital, is by commencement of an action pursuant to

463 the provisions of this section. This notice requirement may be

464 met by posting the notice in a place conspicuous to all persons.

465 3. This paragraph does not designate any employee providing

466 contracted patient services in a teaching hospital as an

467 employee or agent of the state for purposes of chapter 440.

468 (g) For the purposes of this section, the executive

469 director of the Board of Nursing, when serving as the state

470 administrator of the Nurse Licensure Compact pursuant to s.

471 464.0095, and any administrator, officer, executive director,

472 employee, or representative of the Interstate Commission of

473 Nurse Licensure Compact Administrators, when acting within the

474 scope of their employment, duties, or responsibilities in this

475 state, are considered agents of the state. The commission shall

476 pay any claims or judgments pursuant to this section and may

477 maintain insurance coverage to pay any such claims or judgments.

478 (h) For purposes of this section, the individual appointed

479 under s. 491.004(8) as the state’s delegate on the Counseling

480 Compact Commission, when serving in that capacity pursuant to s.

481 491.017, and any administrator, officer, executive director,

482 employee, or representative of the commission, when acting

483 within the scope of his or her employment, duties, or

484 responsibilities in this state, is considered an agent of the

485 state. The commission shall pay any claims or judgments pursuant

486 to this section and may maintain insurance coverage to pay those

487 ~~any such~~ claims or judgments.

488 (i) For purposes of this section, the individual appointed

489 under s. 490.004(7) as the state’s commissioner on the

490 Psychology Interjurisdictional Compact Commission, when serving

491 in that capacity pursuant to s. 490.0075, and any administrator,

492 officer, executive director, employee, or representative of the

493 Psychology Interjurisdictional Compact Commission, when acting

494 within the scope of his or her employment, duties, or

495 responsibilities in this state, is considered an agent of the

496 state. The commission shall pay any claims or judgments pursuant

497 to this section and may maintain insurance coverage to pay those

498 ~~any such~~ claims or judgments.

499 (j) For purposes of this section, the representative

500 appointed from the Board of Medicine and the representative

501 appointed from the Board of Osteopathic Medicine, when serving

502 as commissioners of the Interstate Medical Licensure Compact

503 Commission pursuant to s. 456.4501, and any administrator,

504 officer, executive director, employee, or representative of the

505 Interstate Medical Licensure Compact Commission, when acting

506 within the scope of their employment, duties, or

507 responsibilities in this state, are considered agents of the

508 state. The commission shall pay any claims or judgments pursuant

509 to this section and may maintain insurance coverage to pay those

510 ~~any such~~ claims or judgments.

511 (k) For purposes of this section, the individuals appointed

512 under s. 468.1135(4) as the state’s delegates on the Audiology

513 and Speech-Language Pathology Interstate Compact Commission,

514 when serving in that capacity pursuant to s. 468.1335, and any

515 administrator, officer, executive director, employee, or

516 representative of the commission, when acting within the scope

517 of his or her employment, duties, or responsibilities in this

518 state, is considered an agent of the state. The commission shall

519 pay any claims or judgments pursuant to this section and may

520 maintain insurance coverage to pay those ~~any such~~ claims or

521 judgments.

522 (l) For purposes of this section, the individual appointed

523 under s. 486.023(5) as the state’s delegate on the Physical

524 Therapy Compact Commission, when serving in that capacity

525 pursuant to s. 486.112, and any administrator, officer,

526 executive director, employee, or representative of the Physical

527 Therapy Compact Commission, when acting within the scope of his

528 or her employment, duties, or responsibilities in this state, is

529 considered an agent of the state. The commission shall pay any

530 claims or judgments pursuant to this section and may maintain

531 insurance coverage to pay those ~~any such~~ claims or judgments.

532 (11)(a) Providers or vendors, or any of their employees or

533 agents, that have contractually agreed to act on behalf of the

534 state as agents of the Department of Juvenile Justice to provide

535 services to children in need of services, families in need of

536 services, or juvenile offenders are, solely with respect to such

537 services, agents of the state for purposes of this section while

538 acting within the scope of and pursuant to guidelines

539 established in the contract or by rule. A contract must provide

540 for the indemnification of the state by the agent for any

541 liabilities incurred up to the limits set out in this chapter.

542 (b) This subsection does not designate a person who

543 provides contracted services to juvenile offenders as an

544 employee or agent of the state for purposes of chapter 440.

545 (12)(a) A health care practitioner, as defined in s.

546 456.001(4), who has contractually agreed to act as an agent of a

547 state university board of trustees to provide medical services

548 to a student athlete for participation in or as a result of

549 intercollegiate athletics, to include team practices, training,

550 and competitions, shall be considered an agent of the respective

551 state university board of trustees, for the purposes of this

552 section, while acting within the scope of and pursuant to

553 guidelines established in that contract. The contracts must

554 ~~shall~~ provide for the indemnification of the state by the agent

555 for any liabilities incurred up to the limits set out in this

556 chapter.

557 (b) This subsection may ~~shall~~ not be construed as

558 designating persons providing contracted health care services to

559 athletes as employees or agents of a state university board of

560 trustees for the purposes of chapter 440.

561 (13) Laws allowing the state or its agencies or

562 subdivisions to buy insurance are still in force and effect and

563 are not restricted in any way by the terms of this section ~~act~~ .

564 (14) A ~~Every~~ claim against the state or one of its agencies

565 or subdivisions for damages for a negligent or wrongful act or

566 omission pursuant to this section is ~~shall be forever~~ barred

567 unless the civil action is commenced by filing a complaint in

568 the court of appropriate jurisdiction :

569 (a) Within 2 years for an action founded on negligence.

570 (b) Within the limitations provided in s. 768.31(4) for an

571 action for contribution.

572 (c) Within the limitations provided in s. 95.11(5) for an

573 action for damages arising from medical malpractice or wrongful

574 death.

575 (d) At any time for an action arising from an act

576 constituting a violation of s. 794.011 involving a victim who

577 was under the age of 16 years at the time of the act. This

578 paragraph applies to any such action other than an action that

579 would have been time barred on or before October 1, 2026.

580 (e) Within 4 years for any other action not specified in

581 this subsection ~~4 years~~ after the ~~such~~ claim accrues ~~; except~~

582 ~~that an action for contribution must be commenced within the~~

583 ~~limitations provided in s. 768.31(4), and an action for damages~~

584 ~~arising from medical malpractice or wrongful death must be~~

585 ~~commenced within the limitations for such actions in s.~~

586 ~~95.11(5)~~ .

587 (15) An No action may not be brought against the state or

588 any of its agencies or subdivisions by anyone who unlawfully

589 participates in a riot, unlawful assembly, public demonstration,

590 mob violence, or civil disobedience if the claim arises out of

591 the ~~such~~ riot, unlawful assembly, public demonstration, mob

592 violence, or civil disobedience. ~~Nothing in~~ This subsection does

593 not ~~act shall~~ abridge traditional immunities pertaining to

594 statements made in court.

595 (16)(a) The state and its agencies and subdivisions are

596 authorized to be self-insured, to enter into risk management

597 programs, or to purchase liability insurance for whatever

598 coverage they may choose, or to have any combination thereof, in

599 anticipation of any claim, judgment, and claims bill that ~~which~~

600 they may be liable to pay pursuant to this section. Agencies or

601 subdivisions, and sheriffs, that are subject to homogeneous

602 risks may purchase insurance jointly or may join together as

603 self-insurers to provide other means of protection against tort

604 claims, any charter provisions or laws to the contrary

605 notwithstanding.

606 (b) Claims files maintained by any risk management program

607 administered by the state, its agencies, and its subdivisions

608 are confidential and exempt from the provisions of s. 119.07(1)

609 and s. 24(a), Art. I of the State Constitution until termination

610 of all litigation and settlement of all claims arising out of

611 the same incident, although portions of the claims files may

612 remain exempt, as otherwise provided by law. Claims files

613 records may be released to other governmental agencies upon

614 written request and demonstration of need . Any ~~; such~~ records

615 held by the receiving agency remain confidential and exempt as

616 provided ~~for~~ in this paragraph.

617 (c) Portions of meetings and proceedings conducted pursuant

618 to any risk management program administered by the state, its

619 agencies, or its subdivisions, which relate solely to the

620 evaluation of claims filed with the risk management program or

621 which relate solely to offers of compromise of claims filed with

622 the risk management program are exempt from the provisions of s.

623 286.011 and s. 24(b), Art. I of the State Constitution. Until

624 termination of all litigation and settlement of all claims

625 arising out of the same incident, persons privy to discussions

626 pertinent to the evaluation of a filed claim are ~~shall~~ not be

627 subject to subpoena in any administrative or civil proceeding

628 with regard to the content of those discussions.

629 (d) Minutes of the meetings and proceedings of any risk

630 management program administered by the state, its agencies, or

631 its subdivisions, which relate solely to the evaluation of

632 claims filed with the risk management program or which relate

633 solely to offers of compromise of claims filed with the risk

634 management program are exempt from ~~the provisions of~~ s.

635 119.07(1) and s. 24(a), Art. I of the State Constitution until

636 termination of all litigation and settlement of all claims

637 arising out of the same incident.

638 (17) ~~This section, as amended by chapter 81-317, Laws of~~

639 ~~Florida, shall apply only to causes of actions which accrue on~~

640 ~~or after October 1, 1981.~~

641 ~~(18)~~ A No provision of this section, or of any other

642 section of the Florida Statutes, whether read separately or in

643 conjunction with any other provision, may not ~~shall~~ be construed

644 to waive the immunity of the state or any of its agencies from

645 suit in federal court, as that ~~such~~ immunity is guaranteed by

646 the Eleventh Amendment to the Constitution of the United States,

647 unless the ~~such~~ waiver is explicitly and definitely stated to be

648 a waiver of the immunity of the state and its agencies from suit

649 in federal court. This subsection may ~~shall~~ not be construed to

650 mean that the state has at any time previously waived, by

651 implication, its immunity, or that of any of its agencies, from

652 suit in federal court through any statute in existence before

653 ~~prior to~~ June 24, 1984.

654 (18) ~~(19)~~ ~~Neither~~ The state or an ~~nor any~~ agency or

655 subdivision of the state does not waive ~~waives~~ any defense of

656 sovereign immunity, or increase ~~increases~~ the limits of its

657 liability, upon entering into a contract ~~contractual~~

658 ~~relationship~~ with another agency or subdivision of the state.

659 The ~~Such a~~ contract may ~~must~~ not contain any provision that

660 requires one party to indemnify or insure the other party for

661 the other party’s negligence or to assume any liability for the

662 other party’s negligence. This does not preclude a party from

663 requiring a nongovernmental entity to provide ~~such~~

664 indemnification or insurance. The restrictions of this

665 subsection do not prohibit ~~prevent~~ a regional water supply

666 authority from indemnifying and assuming the liabilities of its

667 member governments for obligations arising from past acts or

668 omissions at or with property acquired from a member government

669 by the authority and arising from the acts or omissions of the

670 authority in performing activities contemplated by an interlocal

671 agreement. The ~~Such~~ indemnification may not be considered to

672 increase or otherwise waive the limits of liability to third

673 party claimants established by this section.

674 (19) ~~(20)~~ Every municipality, and any of its agencies ~~agency~~

675 ~~thereof~~ , may ~~is authorized to undertake to~~ indemnify those

676 employees who ~~that~~ are exposed to personal liability pursuant to

677 the Clean Air Act Amendments of 1990, 42 U.S.C.A. ss. 7401 et

678 seq., and all rules and regulations adopted to implement that

679 act, for acts performed within the course and scope of their

680 employment with the municipality or its agency, including , but

681 not limited to , indemnification pertaining to the holding,

682 transfer, or disposition of allowances allocated to the

683 municipality’s or its agency’s electric generating units, and

684 the monitoring, submission, certification, and compliance with

685 permits, permit applications, records, compliance plans, and

686 reports for those units, when those ~~such~~ acts are performed

687 within the course and scope of their employment with the

688 municipality or its agency. The authority to indemnify under

689 this section covers every act by an employee which is ~~when such~~

690 ~~act~~ is performed within the course and scope of her or his

691 employment with the municipality or its agency, but does not

692 cover any act of willful misconduct or any intentional or

693 knowing violation of any law by the employee. The authority to

694 indemnify under this section includes, but is not limited to,

695 the authority to pay any fine and provide legal representation

696 in any action.

697 Section 2. This act applies to causes of action that accrue

698 on or after October 1, 2026.

699 Section 3. Paragraph (b) of subsection (2) of section

700 29.0081, Florida Statutes, is amended to read:

701 29.0081 County funding of additional court personnel.—

702 (2) The agreement shall, at a minimum, provide that:

703 (b) The personnel whose employment is funded under the

704 agreement are hired, supervised, managed, and fired by personnel

705 of the judicial circuit. The county shall be considered the

706 employer for purposes of s. 440.10 and chapter 443. Employees

707 funded by the county under this section and other county

708 employees may be aggregated for purposes of a flexible benefits

709 plan pursuant to s. 125 of the Internal Revenue Code of 1986.

710 The judicial circuit shall supervise the personnel whose

711 employment is funded under the agreement; be responsible for

712 compliance with all requirements of federal and state employment

713 laws, including, but not limited to, Title VII of the Civil

714 Rights Act of 1964, Title I of the Americans with Disabilities

715 Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair

716 Labor Standards Act, chapters 447 and 760, and ss. 112.3187,

717 440.105, and 440.205; and fully indemnify the county from any

718 liability under such laws, as authorized by s. 768.28(18) s.

719 ~~768.28(19)~~ , to the extent such liability is the result of the

720 acts or omissions of the judicial circuit or its agents or

721 employees.

722 Section 4. Paragraph (b) of subsection (2) of section

723 39.8297, Florida Statutes, is amended to read:

724 39.8297 County funding for guardian ad litem employees.—

725 (2) The agreement, at a minimum, must provide that:

726 (b) The persons who are employed will be hired, supervised,

727 managed, and terminated by the executive director of the

728 Statewide Guardian ad Litem Office. The statewide office is

729 responsible for compliance with all requirements of federal and

730 state employment laws, and shall fully indemnify the county from

731 any liability under such laws, as authorized by s. 768.28(18) s.

732 ~~768.28(19)~~ , to the extent such liability is the result of the

733 acts or omissions of the Statewide Guardian ad Litem Office or

734 its agents or employees.

735 Section 5. Paragraph (a) of subsection (3) of section

736 343.811, Florida Statutes, is amended to read:

737 343.811 Power to assume indemnification and insurance

738 obligations.—

739 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In

740 conjunction with the development or operation of a commuter rail

741 service on the Coastal Link corridor, an agency may:

742 (a) Assume obligations pursuant to the following:

743 1.a. The agency may assume the obligation by contract to

744 protect, defend, indemnify, and hold harmless FECR and its

745 officers, agents, and employees from and against:

746 (I) Any liability, cost, and expense, including, but not

747 limited to, the agency’s passengers and other rail corridor

748 invitees in, on, or about the Coastal Link corridor, regardless

749 of whether the loss, damage, destruction, injury, or death

750 giving rise to any such liability, cost, or expense is caused in

751 whole or in part, and to whatever nature or degree, by the

752 fault, failure, negligence, misconduct, nonfeasance, or

753 misfeasance of such freight rail operator, its successors, or

754 its officers, agents, and employees, or any other person or

755 persons whomsoever.

756 (II) Any loss, injury, or damage incurred by other rail

757 corridor invitees up to the amount of the self-insurance

758 retention amount with respect to limited covered accidents

759 caused by the agency.

760 b. The agency may assume the obligation by contract to

761 protect, defend, indemnify, and hold harmless Brightline and its

762 officers, agents, and employees from and against:

763 (I) Any liability, cost, and expense, including, but not

764 limited to, the agency’s passengers and rail corridor invitees

765 in the Coastal Link corridor, regardless of whether the loss,

766 damage, destruction, injury, or death giving rise to any such

767 liability, cost, or expense is caused in whole or in part, and

768 to whatever nature or degree, by the fault, failure, negligence,

769 misconduct, nonfeasance, or misfeasance of Brightline, its

770 successors, or its officers, agents, and employees, or any other

771 person or persons whomsoever.

772 (II) Any loss, injury, or damage incurred by other rail

773 corridor invitees up to the amount of the self-insurance

774 retention amount with respect to limited covered accidents

775 caused by the agency.

776 2. The assumption of liability of the agency by contract

777 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may

778 not in any instance exceed the following parameters of

779 allocation of risk:

780 a. The agency may be solely responsible for any loss,

781 injury, or damage to the agency’s passengers, or rail corridor

782 invitees, third parties, or trespassers, regardless of

783 circumstances or cause, subject to sub-subparagraph b. and

784 subparagraphs 3., 4., and 5.

785 b.(I) In the event of a limited covered accident caused by

786 FECR, the authority of an agency to protect, defend, and

787 indemnify FECR for all liability, cost, and expense, including

788 punitive or exemplary damages, in excess of the self-insurance

789 retention amount exists only if FECR agrees, with respect to

790 such limited covered accident caused by FECR, to protect,

791 defend, and indemnify the agency for the amount of the self

792 insurance retention amount.

793 (II) In the event of a limited covered accident caused by

794 Brightline, the authority of an agency to protect, defend, and

795 indemnify Brightline for all liability, cost, and expense,

796 including punitive or exemplary damages, in excess of the self

797 insurance retention amount exists only if Brightline agrees,

798 with respect to such limited covered accident, to protect,

799 defend, and indemnify the agency for the amount of the self

800 insurance retention amount.

801 3. When only one train is involved in an incident and:

802 a. The train is an agency’s train, including an incident

803 with trespassers or at-grade crossings, the agency may be solely

804 responsible for any loss, injury, or damage.

805 b. The train is FECR’s train, including an incident with

806 trespassers or at-grade crossings, FECR is solely responsible

807 for any loss, injury, or damage, except for the agency’s

808 passengers and other rail corridor invitees, which are the

809 responsibility of the agency, and Brightline’s passengers and

810 other rail corridor invitees, which are the responsibility of

811 Brightline.

812 c. The train is Brightline’s train, including an incident

813 with trespassers or at-grade crossings, Brightline is solely

814 responsible for any loss, injury, or damage, except for the

815 agency’s passengers or rail corridor invitees, which are the

816 responsibility of the agency, and FECR’s rail corridor invitees,

817 which are the responsibility of FECR.

818 4. When an incident involves more than one operator, each

819 operator is responsible for:

820 a. Its property; passengers; employees, excluding employees

821 who are, at the time of the incident, rail corridor invitees of

822 another operator; and other rail corridor invitees.

823 b. Its proportionate share of any loss or damage to the

824 joint infrastructure.

825 c. Its proportionate share of any loss, injury, or damage

826 to:

827 (I) Rail corridor invitees who are not rail corridor

828 invitees of operators, provided that the agency shall always be

829 responsible for its passengers and its rail corridor invitees

830 regardless of whether the agency was involved in the incident.

831 (II) Trespassers or third parties outside the Coastal Link

832 corridor as a result of the incident.

833 5. Any such contractual duty to protect, defend, indemnify,

834 and hold harmless FECR or Brightline with respect to claims by

835 rail passengers shall expressly include a specific cap on the

836 amount of the contractual duty, which amount may not exceed $323

837 million per occurrence and shall be adjusted so that the per

838 occurrence insurance requirement is equal to the aggregate

839 allowable awards to all rail passengers, against all defendants,

840 for all claims, including claims for punitive damages, arising

841 from a single accident or incident in accordance with 49 U.S.C.

842 s. 28103, or any successor provision, without prior legislative

843 approval.

844 6. Notwithstanding any provision of this section to the

845 contrary, the liabilities of the agency to the state or any

846 other agency shall be as set forth in an agreement among such

847 entities and limited by s. 768.28(18) ~~s. 768.28(19)~~ .

849 Neither the assumption by contract to protect, defend,

850 indemnify, and hold harmless; the purchase of insurance; nor the

851 establishment of a self-insurance retention fund shall be deemed

852 to be a waiver of any defense of sovereign immunity for tort

853 claims or deemed to increase the limits of the agency’s

854 liability for tort claims as provided in s. 768.28.

855 Section 6. Subsection (2) of section 944.713, Florida

856 Statutes, is amended to read:

857 944.713 Insurance against liability.—

858 (2) The contract shall provide for indemnification of the

859 state by the private vendor for any liabilities incurred up to

860 the limits provided under s. 768.28(5). The contract shall

861 provide that the private vendor, or the insurer of the private

862 vendor, is liable to pay any claim or judgment for any one

863 person which does not exceed the applicable maximum amount

864 provided in s. 768.28(5) ~~sum of $100,000 or any claim or~~

865 ~~judgment, or portions thereof, which, when totaled with all~~

866 ~~other claims or judgments arising out of the same incident or~~

867 ~~occurrence, does not exceed the sum of $200,000~~ . In addition,

868 the contractor must agree to defend, hold harmless, and

869 indemnify the department against any and all actions, claims,

870 damages and losses, including costs and attorney’s fees.

871 Section 7. For the purpose of incorporating the amendment

872 made by this act to section 768.28, Florida Statutes, in a

873 reference thereto, subsection (5) of section 45.061, Florida

874 Statutes, is reenacted to read:

875 45.061 Offers of settlement.—

876 (5) Sanctions authorized under this section may be imposed

877 notwithstanding any limitation on recovery of costs or expenses

878 which may be provided by contract or in other provisions of

879 Florida law. This section shall not be construed to waive the

880 limits of sovereign immunity set forth in s. 768.28.

881 Section 8. For the purpose of incorporating the amendment

882 made by this act to section 768.28, Florida Statutes, in a

883 reference thereto, paragraph (f) of subsection (6) of section

884 95.11, Florida Statutes, is reenacted to read:

885 95.11 Limitations other than for the recovery of real

886 property.—Actions other than for recovery of real property shall

887 be commenced as follows:

888 (6) WITHIN ONE YEAR.—

889 (f) Except for actions described in subsection (9), or a

890 petition challenging a criminal conviction, all petitions;

891 extraordinary writs; tort actions, including those under s.

892 768.28(14); or other actions which concern any condition of

893 confinement of a prisoner filed by or on behalf of a prisoner as

894 defined in s. 57.085. Any petition, writ, or action brought

895 under this paragraph must be commenced within 1 year after the

896 time the incident, conduct, or conditions occurred or within 1

897 year after the time the incident, conduct, or conditions were

898 discovered, or should have been discovered.

899 Section 9. For the purpose of incorporating the amendment

900 made by this act to section 768.28, Florida Statutes, in a

901 reference thereto, subsection (4) of section 110.504, Florida

902 Statutes, is reenacted to read:

903 110.504 Volunteer benefits.—

904 (4) Volunteers shall be covered by state liability

905 protection in accordance with the definition of a volunteer and

906 the provisions of s. 768.28.

907 Section 10. For the purpose of incorporating the amendment

908 made by this act to section 768.28, Florida Statutes, in a

909 reference thereto, paragraph (a) of subsection (1) of section

910 111.071, Florida Statutes, is reenacted to read:

911 111.071 Payment of judgments or settlements against certain

912 public officers or employees.—

913 (1) Any county, municipality, political subdivision, or

914 agency of the state which has been excluded from participation

915 in the Insurance Risk Management Trust Fund is authorized to

916 expend available funds to pay:

917 (a) Any final judgment, including damages, costs, and

918 attorney’s fees, arising from a complaint for damages or injury

919 suffered as a result of any act or omission of action of any

920 officer, employee, or agent in a civil or civil rights lawsuit

921 described in s. 111.07. If the civil action arises under s.

922 768.28 as a tort claim, the limitations and provisions of s.

923 768.28 governing payment shall apply. If the action is a civil

924 rights action arising under 42 U.S.C. s. 1983, or similar

925 federal statutes, payments for the full amount of the judgment

926 may be made unless the officer, employee, or agent has been

927 determined in the final judgment to have caused the harm

928 intentionally.

929 Section 11. For the purpose of incorporating the amendment

930 made by this act to section 768.28, Florida Statutes, in a

931 reference thereto, paragraph (b) of subsection (2) of section

932 125.01015, Florida Statutes, is reenacted to read:

933 125.01015 Office of the sheriff.—

934 (2) To ensure the successful transfer of the exclusive

935 policing responsibility and authority to the sheriff in a

936 county, as defined in s. 125.011(1), the board of county

937 commissioners shall:

938 (b) After the election of the sheriff is certified:

939 1. Provide funding for all of the necessary staff and

940 office space for the sheriff-elect to establish an independent

941 office of the sheriff, so that the office may effectively

942 operate and perform all of the functions required by general law

943 when the sheriff-elect takes office.

944 2. Provide funding for the sheriff-elect to select any

945 necessary insurances not provided by the county through the

946 interlocal agreement required under sub-subparagraph 6.d. to

947 allow the sheriff to effectively operate and perform all of the

948 functions required by general law when he or she takes office.

949 3. Provide funding for the sheriff-elect to establish bank

950 and other accounts, as necessary, in his or her official

951 capacity as sheriff, so that such accounts become operational

952 when he or she takes office.

953 4. Unless otherwise transferable based on existing surety

954 bonds for the sheriff’s deputies, provide funding for and

955 facilitate procurement of the required surety bonds for deputy

956 sheriffs pursuant to s. 30.09, so that such bonds are in place

957 when the sheriff-elect takes office.

958 5. Prepare and deliver to the office of the sheriff all

959 documents, property, and other items listed in subsection (4).

960 6. Notwithstanding any provision to the contrary, for a

961 term commencing on January 7, 2025, and ending on or after

962 September 30, 2028, provide the sheriff-elect taking office

963 with, and require the sheriff-elect taking office to use, not

964 less than the substantially and materially same support

965 services, facilities, office space, and information technology

966 infrastructure provided to county offices or departments

967 performing the duties to be performed by the sheriff-elect upon

968 taking office in the 1-year period before he or she takes

969 office.

970 a. As used in this subparagraph, the term “support

971 services” includes:

972 (I) Property and facilities, and the management and

973 maintenance for such property and facilities.

974 (II) Communications infrastructure, including telephone and

975 Internet connectivity.

976 (III) Risk management, including processing, adjusting, and

977 payment of all claims and demands, including those made under s.

978 768.28. The county shall provide the sheriff with all required

979 general liability, property, and other insurance coverage

980 through its self-insurance program, a self-insurance risk pool,

981 or commercial insurance. If the county provides insurance

982 through a self-insurance program, the county must also provide

983 the sheriff with commercial stop-loss coverage in an amount and

984 with a self-insured retention agreed upon by the sheriff and the

985 county.

986 (IV) Legal representation and advice through the office of

987 the county attorney for all claims, demands, and causes of

988 action brought against the sheriff, his or her deputies, or

989 other personnel in their official and individual capacities,

990 while acting in their official and individual capacities,

991 including any required outside counsel due to conflicts of

992 interest. This sub-sub-subparagraph does not prohibit the

993 sheriff from employing or retaining his or her own legal

994 representation as he or she deems necessary.

995 (V) Purchasing and procurement services using procedures

996 under the laws and ordinances applicable to the county for

997 purchases requiring competitive procurement.

998 (VI) Budget and fiscal software and budget development

999 services.

1000 (VII) Human resource services, including, but not limited

1001 to, facilitation of the hiring process, including employee

1002 applicant screening and employee applicant background checks,

1003 and employee benefit administration. The county may provide

1004 human resource services to the sheriff. However, the sheriff is

1005 the employer of his or her employees, and the sheriff retains

1006 full and complete control and authority over the hiring of his

1007 or her employees and the terms and conditions of employment,

1008 including employee discipline and termination of employment. The

1009 provision of human resource services by the county to the

1010 sheriff does not create a joint-employer relationship. The

1011 sheriff’s employees shall remain members of the county’s health

1012 insurance and workers’ compensation plans for at least the term

1013 set forth in this subparagraph.

1014 (VIII) Fleet management, including procurement of all

1015 vehicles and other mobile assets such as boats and aircraft, and

1016 all vehicle repair and maintenance.

1017 b. As used in this subparagraph, the term “information

1018 technology infrastructure” includes:

1019 (I) All hardware, including computers.

1020 (II) Budget and fiscal software, including payroll and

1021 purchasing software.

1022 (III) Computer-aided dispatch.

1023 c. Under a cost allocation plan agreed to by the county and

1024 the sheriff, the sheriff shall pay the county for such support

1025 services and information technology infrastructure from his or

1026 her general fund budget, except for any support services and

1027 information technology infrastructure costs that general law

1028 otherwise and expressly requires the county to fund outside the

1029 sheriff’s budget.

1030 d. To satisfy compliance with this subsection and to

1031 establish the office of the sheriff in a manner that minimizes

1032 unnecessary financial expenditures, the county and the sheriff

1033 shall execute an interlocal agreement addressing the

1034 requirements of this subsection and other expenditures,

1035 including an appropriate phase-in period for identification of

1036 the sheriff’s assets with the sheriff’s markings to minimize the

1037 cost to taxpayers. The interlocal agreement shall have a term

1038 that ends no earlier than September 30, 2028, and may be

1039 amended, renewed, extended, or newly adopted at any time

1040 following the expiration or termination of the agreement. After

1041 the initial period ending no earlier than September 30, 2028, an

1042 interlocal agreement may be entered into between the county and

1043 the sheriff which provides for the same or different

1044 requirements as set forth in this subsection.

1045 Section 12. For the purpose of incorporating the amendment

1046 made by this act to section 768.28, Florida Statutes, in

1047 references thereto, paragraph (h) of subsection (3) and

1048 paragraph (k) of subsection (15) of section 163.01, Florida

1049 Statutes, are reenacted to read:

1050 163.01 Florida Interlocal Cooperation Act of 1969.—

1051 (3) As used in this section:

1052 (h) “Local government liability pool” means a reciprocal

1053 insurer as defined in s. 629.011 or any self-insurance program

1054 created pursuant to s. 768.28(16), formed and controlled by

1055 counties or municipalities of this state to provide liability

1056 insurance coverage for counties, municipalities, or other public

1057 agencies of this state, which pool may contract with other

1058 parties for the purpose of providing claims administration,

1059 processing, accounting, and other administrative facilities.

1060 (15) Notwithstanding any other provision of this section or

1061 of any other law except s. 361.14, any public agency of this

1062 state which is an electric utility, or any separate legal entity

1063 created pursuant to the provisions of this section, the

1064 membership of which consists only of electric utilities, and

1065 which exercises or proposes to exercise the powers granted by

1066 part II of chapter 361, the Joint Power Act, may exercise any or

1067 all of the following powers:

1068 (k) The limitations on waiver in the provisions of s.

1069 768.28 or any other law to the contrary notwithstanding, the

1070 Legislature, in accordance with s. 13, Art. X of the State

1071 Constitution, hereby declares that any such legal entity or any

1072 public agency of this state that participates in any electric

1073 project waives its sovereign immunity to:

1074 1. All other persons participating therein; and

1075 2. Any person in any manner contracting with a legal entity

1076 of which any such public agency is a member, with relation to:

1077 a. Ownership, operation, or any other activity set forth in

1078 sub-subparagraph (b)2.d. with relation to any electric project;

1079 or

1080 b. The supplying or purchasing of services, output,

1081 capacity, energy, or any combination thereof.

1082 Section 13. For the purpose of incorporating the amendment

1083 made by this act to section 768.28, Florida Statutes, in a

1084 reference thereto, section 190.043, Florida Statutes, is

1085 reenacted to read:

1086 190.043 Suits against the district.—Any suit or action

1087 brought or maintained against the district for damages arising

1088 out of tort, including, without limitation, any claim arising

1089 upon account of an act causing an injury or loss of property,

1090 personal injury, or death, shall be subject to the limitations

1091 provided in s. 768.28.

1092 Section 14. For the purpose of incorporating the amendment

1093 made by this act to section 768.28, Florida Statutes, in a

1094 reference thereto, subsection (13) of section 213.015, Florida

1095 Statutes, is reenacted to read:

1096 213.015 Taxpayer rights.—There is created a Florida

1097 Taxpayer’s Bill of Rights to guarantee that the rights, privacy,

1098 and property of Florida taxpayers are adequately safeguarded and

1099 protected during tax assessment, collection, and enforcement

1100 processes administered under the revenue laws of this state. The

1101 Taxpayer’s Bill of Rights compiles, in one document, brief but

1102 comprehensive statements which explain, in simple, nontechnical

1103 terms, the rights and obligations of the Department of Revenue

1104 and taxpayers. Section 192.0105 provides additional rights

1105 afforded to payors of property taxes and assessments. The rights

1106 afforded taxpayers to ensure that their privacy and property are

1107 safeguarded and protected during tax assessment and collection

1108 are available only insofar as they are implemented in other

1109 parts of the Florida Statutes or rules of the Department of

1110 Revenue. The rights so guaranteed Florida taxpayers in the

1111 Florida Statutes and the departmental rules are:

1112 (13) The right to an action at law within the limitations

1113 of s. 768.28, relating to sovereign immunity, to recover damages

1114 against the state or the Department of Revenue for injury caused

1115 by the wrongful or negligent act or omission of a department

1116 officer or employee (see s. 768.28).

1117 Section 15. For the purpose of incorporating the amendment

1118 made by this act to section 768.28, Florida Statutes, in a

1119 reference thereto, section 252.51, Florida Statutes, is

1120 reenacted to read:

1121 252.51 Liability.—Any person or organization, public or

1122 private, owning or controlling real estate or other premises who

1123 voluntarily and without compensation, other than payment or

1124 reimbursement of costs and expenses, grants a license or

1125 privilege or otherwise permits the designation by the local

1126 emergency management agency or use of the whole or any part of

1127 such real estate or premises for the purpose of sheltering

1128 persons during an actual, impending, mock, or practice

1129 emergency, together with her or his successor in interest, if

1130 any, shall not be liable for the death of, or injury to, any

1131 person on or about such real estate or premises during the

1132 actual, impending, mock, or practice emergency, or for loss of,

1133 or damage to, the property of such person, solely by reason or

1134 as a result of such license, privilege, designation, or use,

1135 unless the gross negligence or the willful and wanton misconduct

1136 of such person owning or controlling such real estate or

1137 premises or her or his successor in interest is the proximate

1138 cause of such death, injury, loss, or damage occurring during

1139 such sheltering period. Any such person or organization who

1140 provides such shelter space for compensation shall be deemed to

1141 be an instrumentality of the state or its applicable agency or

1142 subdivision for the purposes of s. 768.28.

1143 Section 16. For the purpose of incorporating the amendment

1144 made by this act to section 768.28, Florida Statutes, in a

1145 reference thereto, section 252.89, Florida Statutes, is

1146 reenacted to read:

1147 252.89 Tort liability.—The commission and the committees

1148 shall be state agencies, and the members of the commission and

1149 committees shall be officers, employees, or agents of the state

1150 for the purposes of s. 768.28.

1151 Section 17. For the purpose of incorporating the amendment

1152 made by this act to section 768.28, Florida Statutes, in a

1153 reference thereto, section 252.944, Florida Statutes, is

1154 reenacted to read:

1155 252.944 Tort liability.—The commission and the committees

1156 are state agencies, and the members of the commission and

1157 committees are officers, employees, or agents of the state for

1158 the purpose of s. 768.28.

1159 Section 18. For the purpose of incorporating the amendment

1160 made by this act to section 768.28, Florida Statutes, in a

1161 reference thereto, subsection (2) of section 260.0125, Florida

1162 Statutes, is reenacted to read:

1163 260.0125 Limitation on liability of private landowners

1164 whose property is designated as part of the statewide system of

1165 greenways and trails.—

1166 (2) Any private landowner who consents to designation of

1167 his or her land as part of the statewide system of greenways and

1168 trails pursuant to s. 260.016(2)(d) without compensation shall

1169 be considered a volunteer, as defined in s. 110.501, and shall

1170 be covered by state liability protection pursuant to s. 768.28,

1171 including s. 768.28(9).

1172 Section 19. For the purpose of incorporating the amendment

1173 made by this act to section 768.28, Florida Statutes, in a

1174 reference thereto, section 284.31, Florida Statutes, is

1175 reenacted to read:

1176 284.31 Scope and types of coverages; separate accounts.—The

1177 Insurance Risk Management Trust Fund must, unless specifically

1178 excluded by the Department of Financial Services, cover all

1179 departments of the State of Florida and their employees, agents,

1180 and volunteers and must provide separate accounts for workers’

1181 compensation, general liability, fleet automotive liability,

1182 federal civil rights actions under 42 U.S.C. s. 1983 or similar

1183 federal statutes, state agency firefighter cancer benefits

1184 payable under s. 112.1816(2), and court-awarded attorney fees in

1185 other proceedings against the state except for such awards in

1186 eminent domain or for inverse condemnation or for awards by the

1187 Public Employees Relations Commission. Unless specifically

1188 excluded by the Department of Financial Services, the Insurance

1189 Risk Management Trust Fund must provide fleet automotive

1190 liability coverage to motor vehicles titled to the state, or to

1191 any department of the state, when such motor vehicles are used

1192 by community transportation coordinators performing, under

1193 contract to the appropriate department of the state, services

1194 for the transportation disadvantaged under part I of chapter

1195 427. Such fleet automotive liability coverage is primary and is

1196 subject to s. 768.28 and parts II and III of chapter 284, and

1197 applicable rules adopted thereunder, and the terms and

1198 conditions of the certificate of coverage issued by the

1199 Department of Financial Services.

1200 Section 20. For the purpose of incorporating the amendment

1201 made by this act to section 768.28, Florida Statutes, in

1202 references thereto, section 284.38, Florida Statutes, is

1203 reenacted to read:

1204 284.38 Waiver of sovereign immunity; effect.—The insurance

1205 programs developed herein shall provide limits as established by

1206 the provisions of s. 768.28 if a tort claim. The limits provided

1207 in s. 768.28 shall not apply to a civil rights action arising

1208 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a

1209 pending or future claim or judgment arising under any of said

1210 statutes may be made upon this act becoming a law, unless the

1211 officer, employee, or agent has been determined in the final

1212 judgment to have caused the harm intentionally; however, the

1213 fund is authorized to pay all other court-ordered attorney’s

1214 fees as provided under s. 284.31.

1215 Section 21. For the purpose of incorporating the amendment

1216 made by this act to section 768.28, Florida Statutes, in a

1217 reference thereto, paragraph (b) of subsection (1) of section

1218 322.13, Florida Statutes, is reenacted to read:

1219 322.13 Driver license examiners.—

1220 (1)

1221 (b) Those persons serving as driver license examiners are

1222 not liable for actions taken within the scope of their

1223 employment or designation, except as provided by s. 768.28.

1224 Section 22. For the purpose of incorporating the amendment

1225 made by this act to section 768.28, Florida Statutes, in a

1226 reference thereto, subsection (1) of section 337.19, Florida

1227 Statutes, is reenacted to read:

1228 337.19 Suits by and against department; limitation of

1229 actions; forum.—

1230 (1) Suits at law and in equity may be brought and

1231 maintained by and against the department on any contract claim

1232 arising from breach of an express provision or an implied

1233 covenant of a written agreement or a written directive issued by

1234 the department pursuant to the written agreement. In any such

1235 suit, the department and the contractor shall have all of the

1236 same rights and obligations as a private person under a like

1237 contract except that no liability may be based on an oral

1238 modification of either the written contract or written

1239 directive. Nothing herein shall be construed to waive the

1240 sovereign immunity of the state and its political subdivisions

1241 from equitable claims and equitable remedies. Notwithstanding

1242 anything to the contrary contained in this section, no employee

1243 or agent of the department may be held personally liable to an

1244 extent greater than that pursuant to s. 768.28 provided that no

1245 suit sounding in tort shall be maintained against the

1246 department.

1247 Section 23. For the purpose of incorporating the amendment

1248 made by this act to section 768.28, Florida Statutes, in a

1249 reference thereto, subsection (17) of section 341.302, Florida

1250 Statutes, is reenacted to read:

1251 341.302 Rail program; duties and responsibilities of the

1252 department.—The department, in conjunction with other

1253 governmental entities, including the rail enterprise and the

1254 private sector, shall develop and implement a rail program of

1255 statewide application designed to ensure the proper maintenance,

1256 safety, revitalization, and expansion of the rail system to

1257 assure its continued and increased availability to respond to

1258 statewide mobility needs. Within the resources provided pursuant

1259 to chapter 216, and as authorized under federal law, the

1260 department shall:

1261 (17) In conjunction with the acquisition, ownership,

1262 construction, operation, maintenance, and management of a rail

1263 corridor, have the authority to:

1264 (a) Assume obligations pursuant to the following:

1265 1.a. The department may assume the obligation by contract

1266 to forever protect, defend, indemnify, and hold harmless the

1267 freight rail operator, or its successors, from whom the

1268 department has acquired a real property interest in the rail

1269 corridor, and that freight rail operator’s officers, agents, and

1270 employees, from and against any liability, cost, and expense,

1271 including, but not limited to, commuter rail passengers and rail

1272 corridor invitees in the rail corridor, regardless of whether

1273 the loss, damage, destruction, injury, or death giving rise to

1274 any such liability, cost, or expense is caused in whole or in

1275 part, and to whatever nature or degree, by the fault, failure,

1276 negligence, misconduct, nonfeasance, or misfeasance of such

1277 freight rail operator, its successors, or its officers, agents,

1278 and employees, or any other person or persons whomsoever; or

1279 b. The department may assume the obligation by contract to

1280 forever protect, defend, indemnify, and hold harmless National

1281 Railroad Passenger Corporation, or its successors, and officers,

1282 agents, and employees of National Railroad Passenger

1283 Corporation, from and against any liability, cost, and expense,

1284 including, but not limited to, commuter rail passengers and rail

1285 corridor invitees in the rail corridor, regardless of whether

1286 the loss, damage, destruction, injury, or death giving rise to

1287 any such liability, cost, or expense is caused in whole or in

1288 part, and to whatever nature or degree, by the fault, failure,

1289 negligence, misconduct, nonfeasance, or misfeasance of National

1290 Railroad Passenger Corporation, its successors, or its officers,

1291 agents, and employees, or any other person or persons

1292 whomsoever.

1293 2. The assumption of liability of the department by

1294 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph

1295 1.b. may not in any instance exceed the following parameters of

1296 allocation of risk:

1297 a. The department may be solely responsible for any loss,

1298 injury, or damage to commuter rail passengers, or rail corridor

1299 invitees, or trespassers, regardless of circumstances or cause,

1300 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and

1301 6.

1302 b.(I) In the event of a limited covered accident, the

1303 authority of the department to protect, defend, and indemnify

1304 the freight operator for all liability, cost, and expense,

1305 including punitive or exemplary damages, in excess of the

1306 deductible or self-insurance retention fund established under

1307 paragraph (b) and actually in force at the time of the limited

1308 covered accident exists only if the freight operator agrees,

1309 with respect to the limited covered accident, to protect,

1310 defend, and indemnify the department for the amount of the

1311 deductible or self-insurance retention fund established under

1312 paragraph (b) and actually in force at the time of the limited

1313 covered accident.

1314 (II) In the event of a limited covered accident, the

1315 authority of the department to protect, defend, and indemnify

1316 National Railroad Passenger Corporation for all liability, cost,

1317 and expense, including punitive or exemplary damages, in excess

1318 of the deductible or self-insurance retention fund established

1319 under paragraph (b) and actually in force at the time of the

1320 limited covered accident exists only if National Railroad

1321 Passenger Corporation agrees, with respect to the limited

1322 covered accident, to protect, defend, and indemnify the

1323 department for the amount of the deductible or self-insurance

1324 retention fund established under paragraph (b) and actually in

1325 force at the time of the limited covered accident.

1326 3. When only one train is involved in an incident, the

1327 department may be solely responsible for any loss, injury, or

1328 damage if the train is a department train or other train

1329 pursuant to subparagraph 4., but only if:

1330 a. When an incident occurs with only a freight train

1331 involved, including incidents with trespassers or at grade

1332 crossings, the freight rail operator is solely responsible for

1333 any loss, injury, or damage, except for commuter rail passengers

1334 and rail corridor invitees; or

1335 b. When an incident occurs with only a National Railroad

1336 Passenger Corporation train involved, including incidents with

1337 trespassers or at grade crossings, National Railroad Passenger

1338 Corporation is solely responsible for any loss, injury, or

1339 damage, except for commuter rail passengers and rail corridor

1340 invitees.

1341 4. For the purposes of this subsection:

1342 a. Any train involved in an incident that is neither the

1343 department’s train nor the freight rail operator’s train,

1344 hereinafter referred to in this subsection as an “other train,”

1345 may be treated as a department train, solely for purposes of any

1346 allocation of liability between the department and the freight

1347 rail operator only, but only if the department and the freight

1348 rail operator share responsibility equally as to third parties

1349 outside the rail corridor who incur loss, injury, or damage as a

1350 result of any incident involving both a department train and a

1351 freight rail operator train, and the allocation as between the

1352 department and the freight rail operator, regardless of whether

1353 the other train is treated as a department train, shall remain

1354 one-half each as to third parties outside the rail corridor who

1355 incur loss, injury, or damage as a result of the incident. The

1356 involvement of any other train shall not alter the sharing of

1357 equal responsibility as to third parties outside the rail

1358 corridor who incur loss, injury, or damage as a result of the

1359 incident; or

1360 b. Any train involved in an incident that is neither the

1361 department’s train nor the National Railroad Passenger

1362 Corporation’s train, hereinafter referred to in this subsection

1363 as an “other train,” may be treated as a department train,

1364 solely for purposes of any allocation of liability between the

1365 department and National Railroad Passenger Corporation only, but

1366 only if the department and National Railroad Passenger

1367 Corporation share responsibility equally as to third parties

1368 outside the rail corridor who incur loss, injury, or damage as a

1369 result of any incident involving both a department train and a

1370 National Railroad Passenger Corporation train, and the

1371 allocation as between the department and National Railroad

1372 Passenger Corporation, regardless of whether the other train is

1373 treated as a department train, shall remain one-half each as to

1374 third parties outside the rail corridor who incur loss, injury,

1375 or damage as a result of the incident. The involvement of any

1376 other train shall not alter the sharing of equal responsibility

1377 as to third parties outside the rail corridor who incur loss,

1378 injury, or damage as a result of the incident.

1379 5. When more than one train is involved in an incident:

1380 a.(I) If only a department train and freight rail

1381 operator’s train, or only an other train as described in sub

1382 subparagraph 4.a. and a freight rail operator’s train, are

1383 involved in an incident, the department may be responsible for

1384 its property and all of its people, all commuter rail

1385 passengers, and rail corridor invitees, but only if the freight

1386 rail operator is responsible for its property and all of its

1387 people, and the department and the freight rail operator each

1388 share one-half responsibility as to trespassers or third parties

1389 outside the rail corridor who incur loss, injury, or damage as a

1390 result of the incident; or

1391 (II) If only a department train and a National Railroad

1392 Passenger Corporation train, or only an other train as described

1393 in sub-subparagraph 4.b. and a National Railroad Passenger

1394 Corporation train, are involved in an incident, the department

1395 may be responsible for its property and all of its people, all

1396 commuter rail passengers, and rail corridor invitees, but only

1397 if National Railroad Passenger Corporation is responsible for

1398 its property and all of its people, all National Railroad

1399 Passenger Corporation’s rail passengers, and the department and

1400 National Railroad Passenger Corporation each share one-half

1401 responsibility as to trespassers or third parties outside the

1402 rail corridor who incur loss, injury, or damage as a result of

1403 the incident.

1404 b.(I) If a department train, a freight rail operator train,

1405 and any other train are involved in an incident, the allocation

1406 of liability between the department and the freight rail

1407 operator, regardless of whether the other train is treated as a

1408 department train, shall remain one-half each as to third parties

1409 outside the rail corridor who incur loss, injury, or damage as a

1410 result of the incident; the involvement of any other train shall

1411 not alter the sharing of equal responsibility as to third

1412 parties outside the rail corridor who incur loss, injury, or

1413 damage as a result of the incident; and, if the owner, operator,

1414 or insurer of the other train makes any payment to injured third

1415 parties outside the rail corridor who incur loss, injury, or

1416 damage as a result of the incident, the allocation of credit

1417 between the department and the freight rail operator as to such

1418 payment shall not in any case reduce the freight rail operator’s

1419 third-party-sharing allocation of one-half under this paragraph

1420 to less than one-third of the total third party liability; or

1421 (II) If a department train, a National Railroad Passenger

1422 Corporation train, and any other train are involved in an

1423 incident, the allocation of liability between the department and

1424 National Railroad Passenger Corporation, regardless of whether

1425 the other train is treated as a department train, shall remain

1426 one-half each as to third parties outside the rail corridor who

1427 incur loss, injury, or damage as a result of the incident; the

1428 involvement of any other train shall not alter the sharing of

1429 equal responsibility as to third parties outside the rail

1430 corridor who incur loss, injury, or damage as a result of the

1431 incident; and, if the owner, operator, or insurer of the other

1432 train makes any payment to injured third parties outside the

1433 rail corridor who incur loss, injury, or damage as a result of

1434 the incident, the allocation of credit between the department

1435 and National Railroad Passenger Corporation as to such payment

1436 shall not in any case reduce National Railroad Passenger

1437 Corporation’s third-party-sharing allocation of one-half under

1438 this sub-subparagraph to less than one-third of the total third

1439 party liability.

1440 6. Any such contractual duty to protect, defend, indemnify,

1441 and hold harmless such a freight rail operator or National

1442 Railroad Passenger Corporation shall expressly include a

1443 specific cap on the amount of the contractual duty, which amount

1444 shall not exceed $200 million without prior legislative

1445 approval, and the department to purchase liability insurance and

1446 establish a self-insurance retention fund in the amount of the

1447 specific cap established under this subparagraph, provided that:

1448 a. No such contractual duty shall in any case be effective

1449 nor otherwise extend the department’s liability in scope and

1450 effect beyond the contractual liability insurance and self

1451 insurance retention fund required pursuant to this paragraph;

1452 and

1453 b.(I) The freight rail operator’s compensation to the

1454 department for future use of the department’s rail corridor

1455 shall include a monetary contribution to the cost of such

1456 liability coverage for the sole benefit of the freight rail

1457 operator.

1458 (II) National Railroad Passenger Corporation’s compensation

1459 to the department for future use of the department’s rail

1460 corridor shall include a monetary contribution to the cost of

1461 such liability coverage for the sole benefit of National

1462 Railroad Passenger Corporation.

1463 (b) Purchase liability insurance, which amount shall not

1464 exceed $200 million, and establish a self-insurance retention

1465 fund for the purpose of paying the deductible limit established

1466 in the insurance policies it may obtain, including coverage for

1467 the department, any freight rail operator as described in

1468 paragraph (a), National Railroad Passenger Corporation, commuter

1469 rail service providers, governmental entities, or any ancillary

1470 development, which self-insurance retention fund or deductible

1471 shall not exceed $10 million. The insureds shall pay a

1472 reasonable monetary contribution to the cost of such liability

1473 coverage for the sole benefit of the insured. Such insurance and

1474 self-insurance retention fund may provide coverage for all

1475 damages, including, but not limited to, compensatory, special,

1476 and exemplary, and be maintained to provide an adequate fund to

1477 cover claims and liabilities for loss, injury, or damage arising

1478 out of or connected with the ownership, operation, maintenance,

1479 and management of a rail corridor.

1480 (c) Incur expenses for the purchase of advertisements,

1481 marketing, and promotional items.

1482 (d) Without altering any of the rights granted to the

1483 department under this section, agree to assume the obligations

1484 to indemnify and insure, pursuant to s. 343.545, freight rail

1485 service, intercity passenger rail service, and commuter rail

1486 service on a department-owned rail corridor, whether ownership

1487 is in fee or by easement, or on a rail corridor where the

1488 department has the right to operate.

1490 Neither the assumption by contract to protect, defend,

1491 indemnify, and hold harmless; the purchase of insurance; nor the

1492 establishment of a self-insurance retention fund shall be deemed

1493 to be a waiver of any defense of sovereign immunity for torts

1494 nor deemed to increase the limits of the department’s or the

1495 governmental entity’s liability for torts as provided in s.

1496 768.28. The requirements of s. 287.022(1) shall not apply to the

1497 purchase of any insurance under this subsection. The provisions

1498 of this subsection shall apply and inure fully as to any other

1499 governmental entity providing commuter rail service and

1500 constructing, operating, maintaining, or managing a rail

1501 corridor on publicly owned right-of-way under contract by the

1502 governmental entity with the department or a governmental entity

1503 designated by the department. Notwithstanding any law to the

1504 contrary, procurement for the construction, operation,

1505 maintenance, and management of any rail corridor described in

1506 this subsection, whether by the department, a governmental

1507 entity under contract with the department, or a governmental

1508 entity designated by the department, shall be pursuant to s.

1509 287.057 and shall include, but not be limited to, criteria for

1510 the consideration of qualifications, technical aspects of the

1511 proposal, and price. Further, any such contract for design-build

1512 shall be procured pursuant to the criteria in s. 337.11(7).

1513 Section 24. For the purpose of incorporating the amendment

1514 made by this act to section 768.28, Florida Statutes, in a

1515 reference thereto, subsection (3) of section 343.811, Florida

1516 Statutes, is reenacted to read:

1517 343.811 Power to assume indemnification and insurance

1518 obligations.—

1519 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In

1520 conjunction with the development or operation of a commuter rail

1521 service on the Coastal Link corridor, an agency may:

1522 (a) Assume obligations pursuant to the following:

1523 1.a. The agency may assume the obligation by contract to

1524 protect, defend, indemnify, and hold harmless FECR and its

1525 officers, agents, and employees from and against:

1526 (I) Any liability, cost, and expense, including, but not

1527 limited to, the agency’s passengers and other rail corridor

1528 invitees in, on, or about the Coastal Link corridor, regardless

1529 of whether the loss, damage, destruction, injury, or death

1530 giving rise to any such liability, cost, or expense is caused in

1531 whole or in part, and to whatever nature or degree, by the

1532 fault, failure, negligence, misconduct, nonfeasance, or

1533 misfeasance of such freight rail operator, its successors, or

1534 its officers, agents, and employees, or any other person or

1535 persons whomsoever.

1536 (II) Any loss, injury, or damage incurred by other rail

1537 corridor invitees up to the amount of the self-insurance

1538 retention amount with respect to limited covered accidents

1539 caused by the agency.

1540 b. The agency may assume the obligation by contract to

1541 protect, defend, indemnify, and hold harmless Brightline and its

1542 officers, agents, and employees from and against:

1543 (I) Any liability, cost, and expense, including, but not

1544 limited to, the agency’s passengers and rail corridor invitees

1545 in the Coastal Link corridor, regardless of whether the loss,

1546 damage, destruction, injury, or death giving rise to any such

1547 liability, cost, or expense is caused in whole or in part, and

1548 to whatever nature or degree, by the fault, failure, negligence,

1549 misconduct, nonfeasance, or misfeasance of Brightline, its

1550 successors, or its officers, agents, and employees, or any other

1551 person or persons whomsoever.

1552 (II) Any loss, injury, or damage incurred by other rail

1553 corridor invitees up to the amount of the self-insurance

1554 retention amount with respect to limited covered accidents

1555 caused by the agency.

1556 2. The assumption of liability of the agency by contract

1557 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may

1558 not in any instance exceed the following parameters of

1559 allocation of risk:

1560 a. The agency may be solely responsible for any loss,

1561 injury, or damage to the agency’s passengers, or rail corridor

1562 invitees, third parties, or trespassers, regardless of

1563 circumstances or cause, subject to sub-subparagraph b. and

1564 subparagraphs 3., 4., and 5.

1565 b.(I) In the event of a limited covered accident caused by

1566 FECR, the authority of an agency to protect, defend, and

1567 indemnify FECR for all liability, cost, and expense, including

1568 punitive or exemplary damages, in excess of the self-insurance

1569 retention amount exists only if FECR agrees, with respect to

1570 such limited covered accident caused by FECR, to protect,

1571 defend, and indemnify the agency for the amount of the self

1572 insurance retention amount.

1573 (II) In the event of a limited covered accident caused by

1574 Brightline, the authority of an agency to protect, defend, and

1575 indemnify Brightline for all liability, cost, and expense,

1576 including punitive or exemplary damages, in excess of the self

1577 insurance retention amount exists only if Brightline agrees,

1578 with respect to such limited covered accident, to protect,

1579 defend, and indemnify the agency for the amount of the self

1580 insurance retention amount.

1581 3. When only one train is involved in an incident and:

1582 a. The train is an agency’s train, including an incident

1583 with trespassers or at-grade crossings, the agency may be solely

1584 responsible for any loss, injury, or damage.

1585 b. The train is FECR’s train, including an incident with

1586 trespassers or at-grade crossings, FECR is solely responsible

1587 for any loss, injury, or damage, except for the agency’s

1588 passengers and other rail corridor invitees, which are the

1589 responsibility of the agency, and Brightline’s passengers and

1590 other rail corridor invitees, which are the responsibility of

1591 Brightline.

1592 c. The train is Brightline’s train, including an incident

1593 with trespassers or at-grade crossings, Brightline is solely

1594 responsible for any loss, injury, or damage, except for the

1595 agency’s passengers or rail corridor invitees, which are the

1596 responsibility of the agency, and FECR’s rail corridor invitees,

1597 which are the responsibility of FECR.

1598 4. When an incident involves more than one operator, each

1599 operator is responsible for:

1600 a. Its property; passengers; employees, excluding employees

1601 who are, at the time of the incident, rail corridor invitees of

1602 another operator; and other rail corridor invitees.

1603 b. Its proportionate share of any loss or damage to the

1604 joint infrastructure.

1605 c. Its proportionate share of any loss, injury, or damage

1606 to:

1607 (I) Rail corridor invitees who are not rail corridor

1608 invitees of operators, provided that the agency shall always be

1609 responsible for its passengers and its rail corridor invitees

1610 regardless of whether the agency was involved in the incident.

1611 (II) Trespassers or third parties outside the Coastal Link

1612 corridor as a result of the incident.

1613 5. Any such contractual duty to protect, defend, indemnify,

1614 and hold harmless FECR or Brightline with respect to claims by

1615 rail passengers shall expressly include a specific cap on the

1616 amount of the contractual duty, which amount may not exceed $323

1617 million per occurrence and shall be adjusted so that the per

1618 occurrence insurance requirement is equal to the aggregate

1619 allowable awards to all rail passengers, against all defendants,

1620 for all claims, including claims for punitive damages, arising

1621 from a single accident or incident in accordance with 49 U.S.C.

1622 s. 28103, or any successor provision, without prior legislative

1623 approval.

1624 6. Notwithstanding any provision of this section to the

1625 contrary, the liabilities of the agency to the state or any

1626 other agency shall be as set forth in an agreement among such

1627 entities and limited by s. 768.28(19).

1628 (b) Purchase liability insurance, which amount may not

1629 exceed $323 million per occurrence, which amount shall be

1630 adjusted so that the per-occurrence insurance requirement is

1631 equal to the aggregate allowable awards to all rail passengers,

1632 against all defendants, for all claims, including claims for

1633 punitive damages, arising from a single accident or incident in

1634 accordance with 49 U.S.C. s. 28103, or any successor provision,

1635 and establish a self-insurance retention fund for the purpose of

1636 paying the deductible limit established in the insurance

1637 policies it may obtain, including coverage for a county agency,

1638 any freight rail operator as described in paragraph (a),

1639 Brightline, commuter rail service providers, governmental

1640 entities, or any ancillary development, which self-insurance

1641 retention fund or deductible shall not exceed the self-insurance

1642 retention amount.

1643 1. Such insurance and self-insurance retention fund may

1644 provide coverage for all damages, including, but not limited to,

1645 compensatory, special, and exemplary, and be maintained to

1646 provide an adequate fund to cover claims and liabilities for

1647 loss, injury, or damage arising out of or connected with the

1648 ownership, operation, maintenance, and management of the Coastal

1649 Link corridor.

1650 2. Any self-insured retention account shall be a segregated

1651 account of the agency and shall be subject to the same

1652 conditions, restrictions, exclusions, obligations, and duties

1653 included in any and all of the policies of liability insurance

1654 purchased under this paragraph.

1655 3. Unless otherwise specifically provided by general law,

1656 FECR and Brightline, and their respective officers, agents, and

1657 employees, are not officers, agents, employees, or subdivisions

1658 of the state and are not entitled to sovereign immunity.

1660 Neither the assumption by contract to protect, defend,

1661 indemnify, and hold harmless; the purchase of insurance; nor the

1662 establishment of a self-insurance retention fund shall be deemed

1663 to be a waiver of any defense of sovereign immunity for tort

1664 claims or deemed to increase the limits of the agency’s

1665 liability for tort claims as provided in s. 768.28.

1666 Section 25. For the purpose of incorporating the amendment

1667 made by this act to section 768.28, Florida Statutes, in a

1668 reference thereto, paragraph (c) of subsection (4) of section

1669 351.03, Florida Statutes, is reenacted to read:

1670 351.03 Railroad-highway grade-crossing warning signs and

1671 signals; audible warnings; exercise of reasonable care; blocking

1672 highways, roads, and streets during darkness.—

1673 (4)

1674 (c) Nothing in this subsection shall be construed to

1675 nullify the liability provisions of s. 768.28.

1676 Section 26. For the purpose of incorporating the amendment

1677 made by this act to section 768.28, Florida Statutes, in a

1678 reference thereto, subsection (6) of section 373.1395, Florida

1679 Statutes, is reenacted to read:

1680 373.1395 Limitation on liability of water management

1681 district with respect to areas made available to the public for

1682 recreational purposes without charge.—

1683 (6) This section does not relieve any water management

1684 district of any liability that would otherwise exist for gross

1685 negligence or a deliberate, willful, or malicious injury to a

1686 person or property. This section does not create or increase the

1687 liability of any water management district or person beyond that

1688 which is authorized by s. 768.28.

1689 Section 27. For the purpose of incorporating the amendment

1690 made by this act to section 768.28, Florida Statutes, in a

1691 reference thereto, paragraph (a) of subsection (3) of section

1692 375.251, Florida Statutes, is reenacted to read:

1693 375.251 Limitation on liability of persons making available

1694 to public certain areas for recreational purposes without

1695 charge.—

1696 (3)(a) An owner of an area who enters into a written

1697 agreement concerning the area with a state agency for outdoor

1698 recreational purposes, where such agreement recognizes that the

1699 state agency is responsible for personal injury, loss, or damage

1700 resulting in whole or in part from the state agency’s use of the

1701 area under the terms of the agreement subject to the limitations

1702 and conditions specified in s. 768.28, owes no duty of care to

1703 keep the area safe for entry or use by others, or to give

1704 warning to persons entering or going on the area of any

1705 hazardous conditions, structures, or activities thereon. An

1706 owner who enters into a written agreement concerning the area

1707 with a state agency for outdoor recreational purposes:

1708 1. Is not presumed to extend any assurance that the area is

1709 safe for any purpose;

1710 2. Does not incur any duty of care toward a person who goes

1711 on the area that is subject to the agreement; or

1712 3. Is not liable or responsible for any injury to persons

1713 or property caused by the act or omission of a person who goes

1714 on the area that is subject to the agreement.

1715 Section 28. For the purpose of incorporating the amendment

1716 made by this act to section 768.28, Florida Statutes, in a

1717 reference thereto, subsection (9) of section 381.0056, Florida

1718 Statutes, is reenacted to read:

1719 381.0056 School health services program.—

1720 (9) Any health care entity that provides school health

1721 services under contract with the department pursuant to a school

1722 health services plan developed under this section, and as part

1723 of a school nurse services public-private partnership, is deemed

1724 to be a corporation acting primarily as an instrumentality of

1725 the state solely for the purpose of limiting liability pursuant

1726 to s. 768.28(5). The limitations on tort actions contained in s.

1727 768.28(5) shall apply to any action against the entity with

1728 respect to the provision of school health services, if the

1729 entity is acting within the scope of and pursuant to guidelines

1730 established in the contract or by rule of the department. The

1731 contract must require the entity, or the partnership on behalf

1732 of the entity, to obtain general liability insurance coverage,

1733 with any additional endorsement necessary to insure the entity

1734 for liability assumed by its contract with the department. The

1735 Legislature intends that insurance be purchased by entities, or

1736 by partnerships on behalf of the entity, to cover all liability

1737 claims, and under no circumstances shall the state or the

1738 department be responsible for payment of any claims or defense

1739 costs for claims brought against the entity or its subcontractor

1740 for services performed under the contract with the department.

1741 This subsection does not preclude consideration by the

1742 Legislature for payment by the state of any claims bill

1743 involving an entity contracting with the department pursuant to

1744 this section.

1745 Section 29. For the purpose of incorporating the amendment

1746 made by this act to section 768.28, Florida Statutes, in a

1747 reference thereto, subsection (3) of section 393.075, Florida

1748 Statutes, is reenacted to read:

1749 393.075 General liability coverage.—

1750 (3) This section shall not be construed as designating or

1751 not designating that a person who owns or operates a foster care

1752 facility or group home facility as described in this section or

1753 any other person is an employee or agent of the state. Nothing

1754 in this section amends, expands, or supersedes the provisions of

1755 s. 768.28.

1756 Section 30. For the purpose of incorporating the amendment

1757 made by this act to section 768.28, Florida Statutes, in a

1758 reference thereto, subsection (7) of section 394.9085, Florida

1759 Statutes, is reenacted to read:

1760 394.9085 Behavioral provider liability.—

1761 (7) This section shall not be construed to waive sovereign

1762 immunity for any governmental unit or other entity protected by

1763 sovereign immunity. Section 768.28 shall continue to apply to

1764 all governmental units and such entities.

1765 Section 31. For the purpose of incorporating the amendment

1766 made by this act to section 768.28, Florida Statutes, in a

1767 reference thereto, paragraph (g) of subsection (10) of section

1768 395.1055, Florida Statutes, is reenacted to read:

1769 395.1055 Rules and enforcement.—

1770 (10) The agency shall establish a pediatric cardiac

1771 technical advisory panel, pursuant to s. 20.052, to develop

1772 procedures and standards for measuring outcomes of pediatric

1773 cardiac catheterization programs and pediatric cardiovascular

1774 surgery programs.

1775 (g) Panel members are agents of the state for purposes of

1776 s. 768.28 throughout the good faith performance of the duties

1777 assigned to them by the Secretary of Health Care Administration.

1778 Section 32. For the purpose of incorporating the amendment

1779 made by this act to section 768.28, Florida Statutes, in a

1780 reference thereto, paragraph (c) of subsection (17) of section

1781 403.706, Florida Statutes, is reenacted to read:

1782 403.706 Local government solid waste responsibilities.—

1783 (17) To effect the purposes of this part, counties and

1784 municipalities are authorized, in addition to other powers

1785 granted pursuant to this part:

1786 (c) To waive sovereign immunity and immunity from suit in

1787 federal court by vote of the governing body of the county or

1788 municipality to the extent necessary to carry out the authority

1789 granted in paragraphs (a) and (b), notwithstanding the

1790 limitations prescribed in s. 768.28.

1791 Section 33. For the purpose of incorporating the amendment

1792 made by this act to section 768.28, Florida Statutes, in a

1793 reference thereto, paragraph (b) of subsection (15) of section

1794 409.175, Florida Statutes, is reenacted to read:

1795 409.175 Licensure of family foster homes, residential

1796 child-caring agencies, and child-placing agencies; public

1797 records exemption.—

1798 (15)

1799 (b) This subsection may not be construed as designating or

1800 not designating that a person who owns or operates a family

1801 foster home as described in this subsection or any other person

1802 is an employee or agent of the state. Nothing in this subsection

1803 amends, expands, or supersedes the provisions of s. 768.28.

1804 Section 34. For the purpose of incorporating the amendment

1805 made by this act to section 768.28, Florida Statutes, in

1806 references thereto, subsection (1), paragraph (a) of subsection

1807 (2), and paragraph (a) of subsection (3) of section 409.993,

1808 Florida Statutes, are reenacted to read:

1809 409.993 Lead agencies and subcontractor liability.—

1810 (1) FINDINGS.—

1811 (a) The Legislature finds that the state has traditionally

1812 provided foster care services to children who are the

1813 responsibility of the state. As such, foster children have not

1814 had the right to recover for injuries beyond the limitations

1815 specified in s. 768.28. The Legislature has determined that

1816 foster care and related services should be outsourced pursuant

1817 to this section and that the provision of such services is of

1818 paramount importance to the state. The purpose of such

1819 outsourcing is to increase the level of safety, security, and

1820 stability of children who are or become the responsibility of

1821 the state. One of the components necessary to secure a safe and

1822 stable environment for such children is the requirement that

1823 private providers maintain liability insurance. As such,

1824 insurance needs to be available and remain available to

1825 nongovernmental foster care and related services providers

1826 without the resources of such providers being significantly

1827 reduced by the cost of maintaining such insurance.

1828 (b) The Legislature further finds that, by requiring the

1829 following minimum levels of insurance, children in outsourced

1830 foster care and related services will gain increased protection

1831 and rights of recovery in the event of injury than currently

1832 provided in s. 768.28.

1833 (2) LEAD AGENCY LIABILITY.—

1834 (a) Other than an entity to which s. 768.28 applies, an

1835 eligible community-based care lead agency, or its employees or

1836 officers, except as otherwise provided in paragraph (b), shall,

1837 as a part of its contract, obtain a minimum of $1 million per

1838 occurrence with a policy period aggregate limit of $3 million in

1839 general liability insurance coverage. The lead agency must also

1840 require that staff who transport client children and families in

1841 their personal automobiles in order to carry out their job

1842 responsibilities obtain minimum bodily injury liability

1843 insurance in the amount of $100,000 per person per any one

1844 automobile accident, and subject to such limits for each person,

1845 $300,000 for all damages resulting from any one automobile

1846 accident, on their personal automobiles. In lieu of personal

1847 motor vehicle insurance, the lead agency’s casualty, liability,

1848 or motor vehicle insurance carrier may provide nonowned

1849 automobile liability coverage. This insurance provides liability

1850 insurance for an automobile that the lead agency uses in

1851 connection with the lead agency’s business but does not own,

1852 lease, rent, or borrow. This coverage includes an automobile

1853 owned by an employee of the lead agency or a member of the

1854 employee’s household but only while the automobile is used in

1855 connection with the lead agency’s business. The nonowned

1856 automobile coverage for the lead agency applies as excess

1857 coverage over any other collectible insurance. The personal

1858 automobile policy for the employee of the lead agency shall be

1859 primary insurance, and the nonowned automobile coverage of the

1860 lead agency acts as excess insurance to the primary insurance.

1861 The lead agency shall provide a minimum limit of $1 million in

1862 nonowned automobile coverage. In a tort action brought against

1863 such a lead agency or employee, net economic damages shall be

1864 limited to $2 million per liability claim and $200,000 per

1865 automobile claim, including, but not limited to, past and future

1866 medical expenses, wage loss, and loss of earning capacity,

1867 offset by any collateral source payment paid or payable. In any

1868 tort action brought against a lead agency, noneconomic damages

1869 shall be limited to $400,000 per claim. A claims bill may be

1870 brought on behalf of a claimant pursuant to s. 768.28 for any

1871 amount exceeding the limits specified in this paragraph. Any

1872 offset of collateral source payments made as of the date of the

1873 settlement or judgment shall be in accordance with s. 768.76.

1874 The lead agency is not liable in tort for the acts or omissions

1875 of its subcontractors or the officers, agents, or employees of

1876 its subcontractors.

1877 (3) SUBCONTRACTOR LIABILITY.—

1878 (a) A subcontractor of an eligible community-based care

1879 lead agency that is a direct provider of foster care and related

1880 services to children and families, and its employees or

1881 officers, except as otherwise provided in paragraph (c), must,

1882 as a part of its contract, obtain a minimum of $1 million per

1883 occurrence with a policy period aggregate limit of $3 million in

1884 general liability insurance coverage. The subcontractor of a

1885 lead agency must also require that staff who transport client

1886 children and families in their personal automobiles in order to

1887 carry out their job responsibilities obtain minimum bodily

1888 injury liability insurance in the amount of $100,000 per person

1889 in any one automobile accident, and subject to such limits for

1890 each person, $300,000 for all damages resulting from any one

1891 automobile accident, on their personal automobiles. In lieu of

1892 personal motor vehicle insurance, the subcontractor’s casualty,

1893 liability, or motor vehicle insurance carrier may provide

1894 nonowned automobile liability coverage. This insurance provides

1895 liability insurance for automobiles that the subcontractor uses

1896 in connection with the subcontractor’s business but does not

1897 own, lease, rent, or borrow. This coverage includes automobiles

1898 owned by the employees of the subcontractor or a member of the

1899 employee’s household but only while the automobiles are used in

1900 connection with the subcontractor’s business. The nonowned

1901 automobile coverage for the subcontractor applies as excess

1902 coverage over any other collectible insurance. The personal

1903 automobile policy for the employee of the subcontractor shall be

1904 primary insurance, and the nonowned automobile coverage of the

1905 subcontractor acts as excess insurance to the primary insurance.

1906 The subcontractor shall provide a minimum limit of $1 million in

1907 nonowned automobile coverage. In a tort action brought against

1908 such subcontractor or employee, net economic damages shall be

1909 limited to $2 million per liability claim and $200,000 per

1910 automobile claim, including, but not limited to, past and future

1911 medical expenses, wage loss, and loss of earning capacity,

1912 offset by any collateral source payment paid or payable. In a

1913 tort action brought against such subcontractor, noneconomic

1914 damages shall be limited to $400,000 per claim. A claims bill

1915 may be brought on behalf of a claimant pursuant to s. 768.28 for

1916 any amount exceeding the limits specified in this paragraph. Any

1917 offset of collateral source payments made as of the date of the

1918 settlement or judgment shall be in accordance with s. 768.76.

1919 Section 35. For the purpose of incorporating the amendment

1920 made by this act to section 768.28, Florida Statutes, in a

1921 reference thereto, subsection (8) of section 420.504, Florida

1922 Statutes, is reenacted to read:

1923 420.504 Public corporation; creation, membership, terms,

1924 expenses.—

1925 (8) The corporation is a corporation primarily acting as an

1926 instrumentality of the state, within the meaning of s. 768.28.

1927 Section 36. For the purpose of incorporating the amendment

1928 made by this act to section 768.28, Florida Statutes, in a

1929 reference thereto, subsection (3) of section 455.221, Florida

1930 Statutes, is reenacted to read:

1931 455.221 Legal and investigative services.—

1932 (3) Any person retained by the department under contract to

1933 review materials, make site visits, or provide expert testimony

1934 regarding any complaint or application filed with the department

1935 relating to a profession under the jurisdiction of the

1936 department shall be considered an agent of the department in

1937 determining the state insurance coverage and sovereign immunity

1938 protection applicability of ss. 284.31 and 768.28.

1939 Section 37. For the purpose of incorporating the amendment

1940 made by this act to section 768.28, Florida Statutes, in a

1941 reference thereto, subsection (5) of section 455.32, Florida

1942 Statutes, is reenacted to read:

1943 455.32 Management Privatization Act.—

1944 (5) Any such corporation may hire staff as necessary to

1945 carry out its functions. Such staff are not public employees for

1946 the purposes of chapter 110 or chapter 112, except that the

1947 board of directors and the employees of the corporation are

1948 subject to the provisions of s. 112.061 and part III of chapter

1949 112. The provisions of s. 768.28 apply to each such corporation,

1950 which is deemed to be a corporation primarily acting as an

1951 instrumentality of the state but which is not an agency within

1952 the meaning of s. 20.03(1).

1953 Section 38. For the purpose of incorporating the amendment

1954 made by this act to section 768.28, Florida Statutes, in a

1955 reference thereto, subsection (3) of section 456.009, Florida

1956 Statutes, is reenacted to read:

1957 456.009 Legal and investigative services.—

1958 (3) Any person retained by the department under contract to

1959 review materials, make site visits, or provide expert testimony

1960 regarding any complaint or application filed with the department

1961 relating to a profession under the jurisdiction of the

1962 department shall be considered an agent of the department in

1963 determining the state insurance coverage and sovereign immunity

1964 protection applicability of ss. 284.31 and 768.28.

1965 Section 39. For the purpose of incorporating the amendment

1966 made by this act to section 768.28, Florida Statutes, in a

1967 reference thereto, paragraph (a) of subsection (15) of section

1968 456.076, Florida Statutes, is reenacted to read:

1969 456.076 Impaired practitioner programs.—

1970 (15)(a) A consultant retained pursuant to this section and

1971 a consultant’s directors, officers, employees, or agents shall

1972 be considered agents of the department for purposes of s. 768.28

1973 while acting within the scope of the consultant’s duties under

1974 the contract with the department.

1975 Section 40. For the purpose of incorporating the amendment

1976 made by this act to section 768.28, Florida Statutes, in a

1977 reference thereto, subsection (3) of section 471.038, Florida

1978 Statutes, is reenacted to read:

1979 471.038 Florida Engineers Management Corporation.—

1980 (3) The Florida Engineers Management Corporation is created

1981 to provide administrative, investigative, and prosecutorial

1982 services to the board in accordance with the provisions of

1983 chapter 455 and this chapter. The management corporation may

1984 hire staff as necessary to carry out its functions. Such staff

1985 are not public employees for the purposes of chapter 110 or

1986 chapter 112, except that the board of directors and the staff

1987 are subject to the provisions of s. 112.061. The provisions of

1988 s. 768.28 apply to the management corporation, which is deemed

1989 to be a corporation primarily acting as an instrumentality of

1990 the state, but which is not an agency within the meaning of s.

1991 20.03(1). The management corporation shall:

1992 (a) Be a Florida corporation not for profit, incorporated

1993 under the provisions of chapter 617.

1994 (b) Provide administrative, investigative, and

1995 prosecutorial services to the board in accordance with the

1996 provisions of chapter 455, this chapter, and the contract

1997 required by this section.

1998 (c) Receive, hold, and administer property and make only

1999 prudent expenditures directly related to the responsibilities of

2000 the board, and in accordance with the contract required by this

2001 section.

2002 (d) Be approved by the board, and the department, to

2003 operate for the benefit of the board and in the best interest of

2004 the state.

2005 (e) Operate under a fiscal year that begins on July 1 of

2006 each year and ends on June 30 of the following year.

2007 (f) Have a seven-member board of directors, five of whom

2008 are to be appointed by the board and must be registrants

2009 regulated by the board and two of whom are to be appointed by

2010 the secretary and must be laypersons not regulated by the board.

2011 All appointments shall be for 4-year terms. No member shall

2012 serve more than two consecutive terms. Failure to attend three

2013 consecutive meetings shall be deemed a resignation from the

2014 board, and the vacancy shall be filled by a new appointment.

2015 (g) Select its officers in accordance with its bylaws. The

2016 members of the board of directors who were appointed by the

2017 board may be removed by the board.

2018 (h) Select the president of the management corporation, who

2019 shall also serve as executive director to the board, subject to

2020 approval of the board.

2021 (i) Use a portion of the interest derived from the

2022 management corporation account to offset the costs associated

2023 with the use of credit cards for payment of fees by applicants

2024 or licensees.

2025 (j) Operate under a written contract with the department

2026 which is approved by the board. The contract must provide for,

2027 but is not limited to:

2028 1. Submission by the management corporation of an annual

2029 budget that complies with board rules for approval by the board

2030 and the department.

2031 2. Annual certification by the board and the department

2032 that the management corporation is complying with the terms of

2033 the contract in a manner consistent with the goals and purposes

2034 of the board and in the best interest of the state. This

2035 certification must be reported in the board’s minutes. The

2036 contract must also provide for methods and mechanisms to resolve

2037 any situation in which the certification process determines

2038 noncompliance.

2039 3. Funding of the management corporation through

2040 appropriations allocated to the regulation of professional

2041 engineers from the Professional Regulation Trust Fund.

2042 4. The reversion to the board, or the state if the board

2043 ceases to exist, of moneys, records, data, and property held in

2044 trust by the management corporation for the benefit of the

2045 board, if the management corporation is no longer approved to

2046 operate for the board or the board ceases to exist. All records

2047 and data in a computerized database shall be returned to the

2048 department in a form that is compatible with the computerized

2049 database of the department.

2050 5. The securing and maintaining by the management

2051 corporation, during the term of the contract and for all acts

2052 performed during the term of the contract, of all liability

2053 insurance coverages in an amount to be approved by the board to

2054 defend, indemnify, and hold harmless the management corporation

2055 and its officers and employees, the department and its

2056 employees, and the state against all claims arising from state

2057 and federal laws. Such insurance coverage must be with insurers

2058 qualified and doing business in the state. The management

2059 corporation must provide proof of insurance to the department.

2060 The department and its employees and the state are exempt from

2061 and are not liable for any sum of money which represents a

2062 deductible, which sums shall be the sole responsibility of the

2063 management corporation. Violation of this subparagraph shall be

2064 grounds for terminating the contract.

2065 6. Payment by the management corporation, out of its

2066 allocated budget, to the department of all costs of

2067 representation by the board counsel, including salary and

2068 benefits, travel, and any other compensation traditionally paid

2069 by the department to other board counsel.

2070 7. Payment by the management corporation, out of its

2071 allocated budget, to the department of all costs incurred by the

2072 management corporation or the board for the Division of

2073 Administrative Hearings of the Department of Management Services

2074 and any other cost for utilization of these state services.

2075 8. Payment by the management corporation, out of its

2076 allocated budget, to the department of reasonable costs

2077 associated with the contract monitor.

2078 (k) Provide for an annual financial audit of its financial

2079 accounts and records by an independent certified public

2080 accountant. The annual audit report shall include a management

2081 letter in accordance with s. 11.45 and a detailed supplemental

2082 schedule of expenditures for each expenditure category. The

2083 annual audit report must be submitted to the board, the

2084 department, and the Auditor General for review.

2085 (l) Provide for persons not employed by the corporation who

2086 are charged with the responsibility of receiving and depositing

2087 fee and fine revenues to have a faithful performance bond in

2088 such an amount and according to such terms as shall be

2089 determined in the contract.

2090 (m) Submit to the secretary, the board, and the

2091 Legislature, on or before October 1 of each year, a report on

2092 the status of the corporation which includes, but is not limited

2093 to, information concerning the programs and funds that have been

2094 transferred to the corporation. The report must include: the

2095 number of license applications received; the number approved and

2096 denied and the number of licenses issued; the number of

2097 examinations administered and the number of applicants who

2098 passed or failed the examination; the number of complaints

2099 received; the number determined to be legally sufficient; the

2100 number dismissed; the number determined to have probable cause;

2101 the number of administrative complaints issued and the status of

2102 the complaints; and the number and nature of disciplinary

2103 actions taken by the board.

2104 (n) Develop and submit to the department, performance

2105 standards and measurable outcomes for the board to adopt by rule

2106 in order to facilitate efficient and cost-effective regulation.

2107 Section 41. For the purpose of incorporating the amendment

2108 made by this act to section 768.28, Florida Statutes, in a

2109 reference thereto, paragraph (b) of subsection (11) of section

2110 472.006, Florida Statutes, is reenacted to read:

2111 472.006 Department; powers and duties.—The department

2112 shall:

2113 (11) Provide legal counsel for the board by contracting

2114 with the Department of Legal Affairs, by retaining private

2115 counsel pursuant to s. 287.059, or by providing department staff

2116 counsel. The board shall periodically review and evaluate the

2117 services provided by its board counsel. Fees and costs of such

2118 counsel shall be paid from the General Inspection Trust Fund,

2119 subject to ss. 215.37 and 472.011. All contracts for independent

2120 legal counsel must provide for periodic review and evaluation by

2121 the board and the department of services provided.

2122 (b) Any person retained by the department under contract to

2123 review materials, make site visits, or provide expert testimony

2124 regarding any complaint or application filed with the department

2125 relating to the practice of surveying and mapping shall be

2126 considered an agent of the department in determining the state

2127 insurance coverage and sovereign immunity protection

2128 applicability of ss. 284.31 and 768.28.

2129 Section 42. For the purpose of incorporating the amendment

2130 made by this act to section 768.28, Florida Statutes, in a

2131 reference thereto, subsection (7) of section 497.167, Florida

2132 Statutes, is reenacted to read:

2133 497.167 Administrative matters.—

2134 (7) Any person retained by the department under contract to

2135 review materials, make site visits, or provide expert testimony

2136 regarding any complaint or application filed with the

2137 department, relating to regulation under this chapter, shall be

2138 considered an agent of the department in determining the state

2139 insurance coverage and sovereign immunity protection

2140 applicability of ss. 284.31 and 768.28.

2141 Section 43. For the purpose of incorporating the amendment

2142 made by this act to section 768.28, Florida Statutes, in a

2143 reference thereto, subsection (2) of section 513.118, Florida

2144 Statutes, is reenacted to read:

2145 513.118 Conduct on premises; refusal of service.—

2146 (2) The operator of a recreational vehicle park may request

2147 that a transient guest or visitor who violates subsection (1)

2148 leave the premises immediately. A person who refuses to leave

2149 the premises commits the offense of trespass as provided in s.

2150 810.08, and the operator may call a law enforcement officer to

2151 have the person and his or her property removed under the

2152 supervision of the officer. A law enforcement officer is not

2153 liable for any claim involving the removal of the person or

2154 property from the recreational vehicle park under this section,

2155 except as provided in s. 768.28. If conditions do not allow for

2156 immediate removal of the person’s property, he or she may

2157 arrange a reasonable time, not to exceed 48 hours, with the

2158 operator to come remove the property, accompanied by a law

2159 enforcement officer.

2160 Section 44. For the purpose of incorporating the amendment

2161 made by this act to section 768.28, Florida Statutes, in a

2162 reference thereto, subsection (1) of section 548.046, Florida

2163 Statutes, is reenacted to read:

2164 548.046 Physician’s attendance at match; examinations;

2165 cancellation of match.—

2166 (1) The commission, or the commission representative, shall

2167 assign to each match at least one physician who shall observe

2168 the physical condition of the participants and advise the

2169 commissioner or commission representative in charge and the

2170 referee of the participants’ conditions before, during, and

2171 after the match. The commission shall establish a schedule of

2172 fees for the physician’s services. The physician’s fee shall be

2173 paid by the promoter of the match attended by the physician. The

2174 physician shall be considered an agent of the commission in

2175 determining the state insurance coverage and sovereign immunity

2176 protection applicability of ss. 284.31 and 768.28.

2177 Section 45. For the purpose of incorporating the amendment

2178 made by this act to section 768.28, Florida Statutes, in a

2179 reference thereto, subsection (8) of section 556.106, Florida

2180 Statutes, is reenacted to read:

2181 556.106 Liability of the member operator, excavator, and

2182 system.—

2183 (8) Any liability of the state, its agencies, or its

2184 subdivisions which arises out of this chapter is subject to the

2185 provisions of s. 768.28.

2186 Section 46. For the purpose of incorporating the amendment

2187 made by this act to section 768.28, Florida Statutes, in a

2188 reference thereto, paragraph (e) of subsection (4) of section

2189 589.19, Florida Statutes, is reenacted to read:

2190 589.19 Creation of certain state forests; naming of certain

2191 state forests; Operation Outdoor Freedom Program.—

2192 (4)

2193 (e)1. A private landowner who provides land for designation

2194 and use as an Operation Outdoor Freedom Program hunting site

2195 shall have limited liability pursuant to s. 375.251.

2196 2. A private landowner who consents to the designation and

2197 use of land as part of the Operation Outdoor Freedom Program

2198 without compensation shall be considered a volunteer, as defined

2199 in s. 110.501, and shall be covered by state liability

2200 protection pursuant to s. 768.28, including s. 768.28(9).

2201 3. This subsection does not:

2202 a. Relieve any person of liability that would otherwise

2203 exist for deliberate, willful, or malicious injury to persons or

2204 property.

2205 b. Create or increase the liability of any person.

2206 Section 47. For the purpose of incorporating the amendment

2207 made by this act to section 768.28, Florida Statutes, in

2208 references thereto, subsections (3) and (4) of section 627.7491,

2209 Florida Statutes, are reenacted to read:

2210 627.7491 Official law enforcement vehicles; motor vehicle

2211 insurance requirements.—

2212 (3) Any suit or action brought or maintained against an

2213 employing agency for damages arising out of tort pursuant to

2214 this section, including, without limitation, any claim arising

2215 upon account of an act causing loss of property, personal

2216 injury, or death, shall be subject to the limitations provided

2217 in s. 768.28(5).

2218 (4) The requirements of this section may be met by any

2219 method authorized by s. 768.28(16).

2220 Section 48. For the purpose of incorporating the amendment

2221 made by this act to section 768.28, Florida Statutes, in a

2222 reference thereto, paragraph (c) of subsection (2) of section

2223 723.0611, Florida Statutes, is reenacted to read:

2224 723.0611 Florida Mobile Home Relocation Corporation.—

2225 (2)

2226 (c) The corporation shall, for purposes of s. 768.28, be

2227 considered an agency of the state. Agents or employees of the

2228 corporation, members of the board of directors of the

2229 corporation, or representatives of the Division of Florida

2230 Condominiums, Timeshares, and Mobile Homes shall be considered

2231 officers, employees, or agents of the state, and actions against

2232 them and the corporation shall be governed by s. 768.28.

2233 Section 49. For the purpose of incorporating the amendment

2234 made by this act to section 768.28, Florida Statutes, in a

2235 reference thereto, subsection (5) of section 760.11, Florida

2236 Statutes, is reenacted to read:

2237 760.11 Administrative and civil remedies; construction.—

2238 (5) In any civil action brought under this section, the

2239 court may issue an order prohibiting the discriminatory practice

2240 and providing affirmative relief from the effects of the

2241 practice, including back pay. The court may also award

2242 compensatory damages, including, but not limited to, damages for

2243 mental anguish, loss of dignity, and any other intangible

2244 injuries, and punitive damages. The provisions of ss. 768.72 and

2245 768.73 do not apply to this section. The judgment for the total

2246 amount of punitive damages awarded under this section to an

2247 aggrieved person shall not exceed $100,000. In any action or

2248 proceeding under this subsection, the court, in its discretion,

2249 may allow the prevailing party a reasonable attorney’s fee as

2250 part of the costs. It is the intent of the Legislature that this

2251 provision for attorney’s fees be interpreted in a manner

2252 consistent with federal case law involving a Title VII action.

2253 The right to trial by jury is preserved in any such private

2254 right of action in which the aggrieved person is seeking

2255 compensatory or punitive damages, and any party may demand a

2256 trial by jury. The commission’s determination of reasonable

2257 cause is not admissible into evidence in any civil proceeding,

2258 including any hearing or trial, except to establish for the

2259 court the right to maintain the private right of action. A civil

2260 action brought under this section shall be commenced no later

2261 than 1 year after the date of determination of reasonable cause

2262 by the commission. The commencement of such action shall divest

2263 the commission of jurisdiction of the complaint, except that the

2264 commission may intervene in the civil action as a matter of

2265 right. Notwithstanding the above, the state and its agencies and

2266 subdivisions shall not be liable for punitive damages. The total

2267 amount of recovery against the state and its agencies and

2268 subdivisions shall not exceed the limitation as set forth in s.

2269 768.28(5).

2270 Section 50. For the purpose of incorporating the amendment

2271 made by this act to section 768.28, Florida Statutes, in a

2272 reference thereto, subsection (4) of section 766.1115, Florida

2273 Statutes, is reenacted to read:

2274 766.1115 Health care providers; creation of agency

2275 relationship with governmental contractors.—

2276 (4) CONTRACT REQUIREMENTS.—A health care provider that

2277 executes a contract with a governmental contractor to deliver

2278 health care services on or after April 17, 1992, as an agent of

2279 the governmental contractor is an agent for purposes of s.

2280 768.28(9), while acting within the scope of duties under the

2281 contract, if the contract complies with the requirements of this

2282 section and regardless of whether the individual treated is

2283 later found to be ineligible. A health care provider shall

2284 continue to be an agent for purposes of s. 768.28(9) for 30 days

2285 after a determination of ineligibility to allow for treatment

2286 until the individual transitions to treatment by another health

2287 care provider. A health care provider under contract with the

2288 state may not be named as a defendant in any action arising out

2289 of medical care or treatment provided on or after April 17,

2290 1992, under contracts entered into under this section. The

2291 contract must provide that:

2292 (a) The right of dismissal or termination of any health

2293 care provider delivering services under the contract is retained

2294 by the governmental contractor.

2295 (b) The governmental contractor has access to the patient

2296 records of any health care provider delivering services under

2297 the contract.

2298 (c) Adverse incidents and information on treatment outcomes

2299 must be reported by any health care provider to the governmental

2300 contractor if the incidents and information pertain to a patient

2301 treated under the contract. The health care provider shall

2302 submit the reports required by s. 395.0197. If an incident

2303 involves a professional licensed by the Department of Health or

2304 a facility licensed by the Agency for Health Care

2305 Administration, the governmental contractor shall submit such

2306 incident reports to the appropriate department or agency, which

2307 shall review each incident and determine whether it involves

2308 conduct by the licensee that is subject to disciplinary action.

2309 All patient medical records and any identifying information

2310 contained in adverse incident reports and treatment outcomes

2311 which are obtained by governmental entities under this paragraph

2312 are confidential and exempt from the provisions of s. 119.07(1)

2313 and s. 24(a), Art. I of the State Constitution.

2314 (d) Patient selection and initial referral must be made by

2315 the governmental contractor or the provider. Patients may not be

2316 transferred to the provider based on a violation of the

2317 antidumping provisions of the Omnibus Budget Reconciliation Act

2318 of 1989, the Omnibus Budget Reconciliation Act of 1990, or

2319 chapter 395.

2320 (e) If emergency care is required, the patient need not be

2321 referred before receiving treatment, but must be referred within

2322 48 hours after treatment is commenced or within 48 hours after

2323 the patient has the mental capacity to consent to treatment,

2324 whichever occurs later.

2325 (f) The provider is subject to supervision and regular

2326 inspection by the governmental contractor.

2327 (g) As an agent of the governmental contractor for purposes

2328 of s. 768.28(9), while acting within the scope of duties under

2329 the contract, a health care provider licensed under chapter 466

2330 may allow a patient, or a parent or guardian of the patient, to

2331 voluntarily contribute a monetary amount to cover costs of

2332 dental laboratory work related to the services provided to the

2333 patient. This contribution may not exceed the actual cost of the

2334 dental laboratory charges.

2336 A governmental contractor that is also a health care provider is

2337 not required to enter into a contract under this section with

2338 respect to the health care services delivered by its employees.

2339 Section 51. For the purpose of incorporating the amendment

2340 made by this act to section 768.28, Florida Statutes, in a

2341 reference thereto, subsection (2) of section 766.112, Florida

2342 Statutes, is reenacted to read:

2343 766.112 Comparative fault.—

2344 (2) In an action for damages for personal injury or

2345 wrongful death arising out of medical negligence, whether in

2346 contract or tort, when an apportionment of damages pursuant to

2347 s. 768.81 is attributed to a board of trustees of a state

2348 university, the court shall enter judgment against the board of

2349 trustees on the basis of the board’s percentage of fault and not

2350 on the basis of the doctrine of joint and several liability. The

2351 sole remedy available to a claimant to collect a judgment or

2352 settlement against a board of trustees, subject to the

2353 provisions of this subsection, shall be pursuant to s. 768.28.

2354 Section 52. For the purpose of incorporating the amendment

2355 made by this act to section 768.28, Florida Statutes, in a

2356 reference thereto, subsection (3) of section 768.1355, Florida

2357 Statutes, is reenacted to read:

2358 768.1355 Florida Volunteer Protection Act.—

2359 (3) Members of elected or appointed boards, councils, and

2360 commissions of the state, counties, municipalities, authorities,

2361 and special districts shall incur no civil liability and shall

2362 have immunity from suit as provided in s. 768.28 for acts or

2363 omissions by members relating to members’ conduct of their

2364 official duties. It is the intent of the Legislature to

2365 encourage our best and brightest people to serve on elected and

2366 appointed boards, councils, and commissions.

2367 Section 53. For the purpose of incorporating the amendment

2368 made by this act to section 768.28, Florida Statutes, in a

2369 reference thereto, subsection (7) of section 768.1382, Florida

2370 Statutes, is reenacted to read:

2371 768.1382 Streetlights, security lights, and other similar

2372 illumination; limitation on liability.—

2373 (7) In the event that there is any conflict between this

2374 section and s. 768.81, or any other section of the Florida

2375 Statutes, this section shall control. Further, nothing in this

2376 section shall impact or waive any provision of s. 768.28.

2377 Section 54. For the purpose of incorporating the amendment

2378 made by this act to section 768.28, Florida Statutes, in a

2379 reference thereto, subsection (4) of section 768.295, Florida

2380 Statutes, is reenacted to read:

2381 768.295 Strategic Lawsuits Against Public Participation

2382 (SLAPP) prohibited.—

2383 (4) A person or entity sued by a governmental entity or

2384 another person in violation of this section has a right to an

2385 expeditious resolution of a claim that the suit is in violation

2386 of this section. A person or entity may move the court for an

2387 order dismissing the action or granting final judgment in favor

2388 of that person or entity. The person or entity may file a motion

2389 for summary judgment, together with supplemental affidavits,

2390 seeking a determination that the claimant’s or governmental

2391 entity’s lawsuit has been brought in violation of this section.

2392 The claimant or governmental entity shall thereafter file a

2393 response and any supplemental affidavits. As soon as

2394 practicable, the court shall set a hearing on the motion, which

2395 shall be held at the earliest possible time after the filing of

2396 the claimant’s or governmental entity’s response. The court may

2397 award, subject to the limitations in s. 768.28, the party sued

2398 by a governmental entity actual damages arising from a

2399 governmental entity’s violation of this section. The court shall

2400 award the prevailing party reasonable attorney fees and costs

2401 incurred in connection with a claim that an action was filed in

2402 violation of this section.

2403 Section 55. For the purpose of incorporating the amendment

2404 made by this act to section 768.28, Florida Statutes, in a

2405 reference thereto, section 946.5026, Florida Statutes, is

2406 reenacted to read:

2407 946.5026 Sovereign immunity in tort actions.—The provisions

2408 of s. 768.28 shall be applicable to the corporation established

2409 under this part, which is deemed to be a corporation primarily

2410 acting as an instrumentality of the state.

2411 Section 56. For the purpose of incorporating the amendment

2412 made by this act to section 768.28, Florida Statutes, in a

2413 reference thereto, subsection (3) of section 946.514, Florida

2414 Statutes, is reenacted to read:

2415 946.514 Civil rights of inmates; inmates not state

2416 employees; liability of corporation for inmate injuries.—

2417 (3) The corporation is liable for inmate injury to the

2418 extent specified in s. 768.28; however, the members of the board

2419 of directors are not individually liable to any inmate for any

2420 injury sustained in any correctional work program operated by

2421 the corporation.

2422 Section 57. For the purpose of incorporating the amendment

2423 made by this act to section 768.28, Florida Statutes, in a

2424 reference thereto, subsection (8) of section 961.06, Florida

2425 Statutes, is reenacted to read:

2426 961.06 Compensation for wrongful incarceration.—

2427 (8) Any payment made under this act does not constitute a

2428 waiver of any defense of sovereign immunity or an increase in

2429 the limits of liability on behalf of the state or any person

2430 subject to s. 768.28 or any other law.

2431 Section 58. For the purpose of incorporating the amendment

2432 made by this act to section 768.28, Florida Statutes, in a

2433 reference thereto, subsection (3) of section 984.09, Florida

2434 Statutes, is reenacted to read:

2435 984.09 Punishment for contempt of court; alternative

2436 sanctions.—

2437 (3) ALTERNATIVE SANCTIONS.—Upon determining that a child

2438 has committed direct contempt of court or indirect contempt of a

2439 valid court order, the court may immediately request the circuit

2440 alternative sanctions coordinator to recommend the most

2441 appropriate available alternative sanction and shall order the

2442 child to perform up to 50 hours of community service or a

2443 similar alternative sanction, unless an alternative sanction is

2444 unavailable or inappropriate, or unless the child has failed to

2445 comply with a prior alternative sanction. Alternative contempt

2446 sanctions may be provided by local industry or by any nonprofit

2447 organization or any public or private business or service entity

2448 that has entered into a contract with the department to act as

2449 an agent of the state to provide voluntary supervision of

2450 children on behalf of the state in exchange for the labor of

2451 children and limited immunity in accordance with s. 768.28(11).

2452 Section 59. For the purpose of incorporating the amendment

2453 made by this act to section 768.28, Florida Statutes, in a

2454 reference thereto, paragraph (h) of subsection (12) of section

2455 1002.33, Florida Statutes, is reenacted to read:

2456 1002.33 Charter schools.—

2457 (12) EMPLOYEES OF CHARTER SCHOOLS.—

2458 (h) For the purposes of tort liability, the charter school,

2459 including its governing body and employees, shall be governed by

2460 s. 768.28. This paragraph does not include any for-profit entity

2461 contracted by the charter school or its governing body.

2462 Section 60. For the purpose of incorporating the amendment

2463 made by this act to section 768.28, Florida Statutes, in a

2464 reference thereto, paragraph (b) of subsection (6) of section

2465 1002.333, Florida Statutes, is reenacted to read:

2466 1002.333 Persistently low-performing schools.—

2467 (6) STATUTORY AUTHORITY.—

2468 (b) For the purposes of tort liability, the hope operator,

2469 the school of hope, and its employees or agents shall be

2470 governed by s. 768.28. The sponsor shall not be liable for civil

2471 damages under state law for the employment actions or personal

2472 injury, property damage, or death resulting from an act or

2473 omission of a hope operator, the school of hope, or its

2474 employees or agents. This paragraph does not include any for

2475 profit entity contracted by the charter school or its governing

2476 body.

2477 Section 61. For the purpose of incorporating the amendment

2478 made by this act to section 768.28, Florida Statutes, in a

2479 reference thereto, subsection (17) of section 1002.34, Florida

2480 Statutes, is reenacted to read:

2481 1002.34 Charter technical career centers.—

2482 (17) IMMUNITY.—For the purposes of tort liability, the

2483 governing body and employees of a center are governed by s.

2484 768.28.

2485 Section 62. For the purpose of incorporating the amendment

2486 made by this act to section 768.28, Florida Statutes, in a

2487 reference thereto, subsection (2) of section 1002.37, Florida

2488 Statutes, is reenacted to read:

2489 1002.37 The Florida Virtual School.—

2490 (2) The Florida Virtual School shall be governed by a board

2491 of trustees comprised of seven members appointed by the Governor

2492 to 4-year staggered terms. The board of trustees shall be a

2493 public agency entitled to sovereign immunity pursuant to s.

2494 768.28, and board members shall be public officers who shall

2495 bear fiduciary responsibility for the Florida Virtual School.

2496 The board of trustees shall have the following powers and

2497 duties:

2498 (a)1. The board of trustees shall meet at least 4 times

2499 each year, upon the call of the chair, or at the request of a

2500 majority of the membership.

2501 2. The fiscal year for the Florida Virtual School shall be

2502 the state fiscal year as provided in s. 216.011(1)(q).

2503 (b) The board of trustees shall be responsible for the

2504 Florida Virtual School’s development of a state-of-the-art

2505 technology-based education delivery system that is cost

2506 effective, educationally sound, marketable, and capable of

2507 sustaining a self-sufficient delivery system through the Florida

2508 Education Finance Program.

2509 (c) The board of trustees shall aggressively seek avenues

2510 to generate revenue to support its future endeavors, and shall

2511 enter into agreements with distance learning providers. The

2512 board of trustees may acquire, enjoy, use, and dispose of

2513 patents, copyrights, and trademarks and any licenses and other

2514 rights or interests thereunder or therein. Ownership of all such

2515 patents, copyrights, trademarks, licenses, and rights or

2516 interests thereunder or therein shall vest in the state, with

2517 the board of trustees having full right of use and full right to

2518 retain the revenues derived therefrom. Any funds realized from

2519 patents, copyrights, trademarks, or licenses shall be considered

2520 internal funds as provided in s. 1011.07. Such funds shall be

2521 used to support the school’s marketing and research and

2522 development activities in order to improve courseware and

2523 services to its students.

2524 (d) The board of trustees shall be responsible for the

2525 administration and control of all local school funds derived

2526 from all activities or sources and shall prescribe the

2527 principles and procedures to be followed in administering these

2528 funds.

2529 (e) The Florida Virtual School may accrue supplemental

2530 revenue from supplemental support organizations, which include,

2531 but are not limited to, alumni associations, foundations,

2532 parent-teacher associations, and booster associations. The

2533 governing body of each supplemental support organization shall

2534 recommend the expenditure of moneys collected by the

2535 organization for the benefit of the school. Such expenditures

2536 shall be contingent upon the review of the executive director.

2537 The executive director may override any proposed expenditure of

2538 the organization that would violate Florida law or breach sound

2539 educational management.

2540 (f) In accordance with law and rules of the State Board of

2541 Education, the board of trustees shall administer and maintain

2542 personnel programs for all employees of the board of trustees

2543 and the Florida Virtual School. The board of trustees may adopt

2544 rules, policies, and procedures related to the appointment,

2545 employment, and removal of personnel.

2546 1. The board of trustees shall determine the compensation,

2547 including salaries and fringe benefits, and other conditions of

2548 employment for such personnel.

2549 2. The board of trustees may establish and maintain a

2550 personnel loan or exchange program by which persons employed by

2551 the board of trustees for the Florida Virtual School as academic

2552 administrative and instructional staff may be loaned to, or

2553 exchanged with persons employed in like capacities by, public

2554 agencies either within or without this state, or by private

2555 industry. With respect to public agency employees, the program

2556 authorized by this subparagraph shall be consistent with the

2557 requirements of part II of chapter 112. The salary and benefits

2558 of board of trustees personnel participating in the loan or

2559 exchange program shall be continued during the period of time

2560 they participate in a loan or exchange program, and such

2561 personnel shall be deemed to have no break in creditable or

2562 continuous service or employment during such time. The salary

2563 and benefits of persons participating in the personnel loan or

2564 exchange program who are employed by public agencies or private

2565 industry shall be paid by the originating employers of those

2566 participants, and such personnel shall be deemed to have no

2567 break in creditable or continuous service or employment during

2568 such time.

2569 3. The employment of all Florida Virtual School academic

2570 administrative and instructional personnel shall be subject to

2571 rejection for cause by the board of trustees, and shall be

2572 subject to policies of the board of trustees relative to

2573 certification, tenure, leaves of absence, sabbaticals,

2574 remuneration, and such other conditions of employment as the

2575 board of trustees deems necessary and proper, not inconsistent

2576 with law.

2577 4. Each person employed by the board of trustees in an

2578 academic administrative or instructional capacity with the

2579 Florida Virtual School shall be entitled to a contract as

2580 provided by rules of the board of trustees.

2581 5. All employees except temporary, seasonal, and student

2582 employees may be state employees for the purpose of being

2583 eligible to participate in the Florida Retirement System and

2584 receive benefits. The classification and pay plan, including

2585 terminal leave and other benefits, and any amendments thereto,

2586 shall be subject to review and approval by the Department of

2587 Management Services and the Executive Office of the Governor

2588 prior to adoption.

2589 (g) The board of trustees shall establish priorities for

2590 admission of students in accordance with paragraph (1)(b).

2591 (h) The board of trustees shall establish and distribute to

2592 all school districts and high schools in the state procedures

2593 for enrollment of students in courses offered by the Florida

2594 Virtual School.

2595 (i) The board of trustees shall establish criteria defining

2596 the elements of an approved franchise. The board of trustees may

2597 enter into franchise agreements with Florida district school

2598 boards and may establish the terms and conditions governing such

2599 agreements. The board of trustees shall establish the

2600 performance and accountability measures and report the

2601 performance of each school district franchise to the

2602 Commissioner of Education.

2603 (j) The board of trustees shall submit to the State Board

2604 of Education both forecasted and actual enrollments and credit

2605 completions for the Florida Virtual School, according to

2606 procedures established by the State Board of Education. At a

2607 minimum, such procedures must include the number of public,

2608 private, and home education students served by program and by

2609 county of residence.

2610 (k) The board of trustees shall provide for the content and

2611 custody of student and employee personnel records. Student

2612 records shall be subject to the provisions of s. 1002.22.

2613 Employee records shall be subject to the provisions of s.

2614 1012.31.

2615 (l) The financial records and accounts of the Florida

2616 Virtual School shall be maintained under the direction of the

2617 board of trustees and under rules adopted by the State Board of

2618 Education for the uniform system of financial records and

2619 accounts for the schools of the state.

2621 The Governor shall designate the initial chair of the board of

2622 trustees to serve a term of 4 years. Members of the board of

2623 trustees shall serve without compensation, but may be reimbursed

2624 for per diem and travel expenses pursuant to s. 112.061. The

2625 board of trustees shall be a body corporate with all the powers

2626 of a body corporate and such authority as is needed for the

2627 proper operation and improvement of the Florida Virtual School.

2628 The board of trustees is specifically authorized to adopt rules,

2629 policies, and procedures, consistent with law and rules of the

2630 State Board of Education related to governance, personnel,

2631 budget and finance, administration, programs, curriculum and

2632 instruction, travel and purchasing, technology, students,

2633 contracts and grants, and property as necessary for optimal,

2634 efficient operation of the Florida Virtual School. Tangible

2635 personal property owned by the board of trustees shall be

2636 subject to the provisions of chapter 273.

2637 Section 63. For the purpose of incorporating the amendment

2638 made by this act to section 768.28, Florida Statutes, in a

2639 reference thereto, paragraph (l) of subsection (3) of section

2640 1002.55, Florida Statutes, is reenacted to read:

2641 1002.55 School-year prekindergarten program delivered by

2642 private prekindergarten providers.—

2643 (3) To be eligible to deliver the prekindergarten program,

2644 a private prekindergarten provider must meet each of the

2645 following requirements:

2646 (l) Notwithstanding paragraph (j), for a private

2647 prekindergarten provider that is a state agency or a subdivision

2648 thereof, as defined in s. 768.28(2), the provider must agree to

2649 notify the coalition of any additional liability coverage

2650 maintained by the provider in addition to that otherwise

2651 established under s. 768.28. The provider shall indemnify the

2652 coalition to the extent permitted by s. 768.28. Notwithstanding

2653 paragraph (j), for a child development program that is

2654 accredited by a national accrediting body and operates on a

2655 military installation that is certified by the United States

2656 Department of Defense, the provider may demonstrate liability

2657 coverage by affirming that it is subject to the Federal Tort

2658 Claims Act, 28 U.S.C. ss. 2671 et seq.

2659 Section 64. For the purpose of incorporating the amendment

2660 made by this act to section 768.28, Florida Statutes, in a

2661 reference thereto, subsection (10) of section 1002.83, Florida

2662 Statutes, is reenacted to read:

2663 1002.83 Early learning coalitions.—

2664 (10) For purposes of tort liability, each member or

2665 employee of an early learning coalition shall be governed by s.

2666 768.28.

2667 Section 65. For the purpose of incorporating the amendment

2668 made by this act to section 768.28, Florida Statutes, in a

2669 reference thereto, paragraph (p) of subsection (1) of section

2670 1002.88, Florida Statutes, is reenacted to read:

2671 1002.88 School readiness program provider standards;

2672 eligibility to deliver the school readiness program.—

2673 (1) To be eligible to deliver the school readiness program,

2674 a school readiness program provider must:

2675 (p) Notwithstanding paragraph (m), for a provider that is a

2676 state agency or a subdivision thereof, as defined in s.

2677 768.28(2), agree to notify the coalition of any additional

2678 liability coverage maintained by the provider in addition to

2679 that otherwise established under s. 768.28. The provider shall

2680 indemnify the coalition to the extent permitted by s. 768.28.

2681 Notwithstanding paragraph (m), for a child development program

2682 that is accredited by a national accrediting body and operates

2683 on a military installation that is certified by the United

2684 States Department of Defense, the provider may demonstrate

2685 liability coverage by affirming that it is subject to the

2686 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.

2687 Section 66. For the purpose of incorporating the amendment

2688 made by this act to section 768.28, Florida Statutes, in a

2689 reference thereto, subsection (1) of section 1006.24, Florida

2690 Statutes, is reenacted to read:

2691 1006.24 Tort liability; liability insurance.—

2692 (1) Each district school board shall be liable for tort

2693 claims arising out of any incident or occurrence involving a

2694 school bus or other motor vehicle owned, maintained, operated,

2695 or used by the district school board to transport persons, to

2696 the same extent and in the same manner as the state or any of

2697 its agencies or subdivisions is liable for tort claims under s.

2698 768.28, except that the total liability to persons being

2699 transported for all claims or judgments of such persons arising

2700 out of the same incident or occurrence shall not exceed an

2701 amount equal to $5,000 multiplied by the rated seating capacity

2702 of the school bus or other vehicle, as determined by rules of

2703 the State Board of Education, or $100,000, whichever is greater.

2704 The provisions of s. 768.28 apply to all claims or actions

2705 brought against district school boards, as authorized in this

2706 subsection.

2707 Section 67. For the purpose of incorporating the amendment

2708 made by this act to section 768.28, Florida Statutes, in a

2709 reference thereto, paragraph (b) of subsection (2) of section

2710 1006.261, Florida Statutes, is reenacted to read:

2711 1006.261 Use of school buses for public purposes.—

2712 (2)

2713 (b) For purposes of liability for negligence, state

2714 agencies or subdivisions as defined in s. 768.28(2) shall be

2715 covered by s. 768.28. Every other corporation or organization

2716 shall provide liability insurance coverage in the minimum

2717 amounts of $100,000 on any claim or judgment and $200,000 on all

2718 claims and judgments arising from the same incident or

2719 occurrence.

2720 Section 68. This act shall take effect October 1, 2026.