HB 145 full text · Session Watch

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

182 law enforcement agency to respond appropriately to protect

183 persons and property during a riot or an unlawful assembly based

184 on the 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

409 independent college or university located and chartered in this

410 state which owns or operates an accredited medical school, or

411 any of its employees or agents, and which has agreed in an

412 affiliation agreement or other contract to provide, or permit

413 its employees or agents to provide, patient services as agents

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

415 hospital while acting within the scope of and pursuant to

416 guidelines established in the affiliation agreement or other

417 contract. To the extent allowed by law, the contract must

418 provide for the indemnification of the teaching hospital, up to

419 the limits set out in this chapter, by the agent for any

420 liability incurred which was caused by the negligence of the

421 college or university or its employees or agents. The contract

422 must also provide that those limited portions of the college,

423 university, or medical school which are directly providing

424 services pursuant to the contract and which are considered an

425 agent of the teaching hospital for purposes of this section are

426 deemed to be acting on behalf of a public agency as defined in

427 s. 119.011(2).

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

429 a. "Employee or agent" means an officer, employee, agent,

430 or servant of a nonprofit independent college or university

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

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

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

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

435 university is vicariously liable, and the staff or

436 administrators of the medical school.

437 b. "Patient services" means:

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

439 641.19, including any related administrative service, provided

440 to patients in a teaching hospital;

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

442 fellows providing patient services in a teaching hospital; or

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

444 teaching hospital.

445 c. "Teaching hospital" means a teaching hospital as

446 defined in s. 408.07 which is owned or operated by the state, a

447 county or municipality, a public health trust, a special taxing

448 district, a governmental entity having health care

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

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

451 the state, under a lease or other contract.

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

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

454 patient's legal representative, that the college or university

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

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

457 teaching hospital and that the exclusive remedy for injury or

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

459 teaching hospital, the college or university that owns or

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

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

462 pursuant to the affiliation agreement or other contract with a

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

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

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

466 3. This paragraph does not designate any employee

467 providing contracted patient services in a teaching hospital as

468 an employee or agent of the state for purposes of chapter 440.

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

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

471 administrator of the Nurse Licensure Compact pursuant to s.

472 464.0095, and any administrator, officer, executive director,

473 employee, or representative of the Interstate Commission of

474 Nurse Licensure Compact Administrators, when acting within the

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

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

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

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

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

480 under s. 491.004(8) as the state's delegate on the Counseling

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

482 491.017, and any administrator, officer, executive director,

483 employee, or representative of the commission, when acting

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

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

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

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

488 ~~any such~~ claims or judgments.

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

490 under s. 490.004(7) as the state's commissioner on the

491 Psychology Interjurisdictional Compact Commission, when serving

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

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

494 Psychology Interjurisdictional Compact Commission, when acting

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

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

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

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

499 ~~any such~~ claims or judgments.

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

501 appointed from the Board of Medicine and the representative

502 appointed from the Board of Osteopathic Medicine, when serving

503 as commissioners of the Interstate Medical Licensure Compact

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

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

506 Interstate Medical Licensure Compact Commission, when acting

507 within the scope of their employment, duties, or

508 responsibilities in this state, are considered agents of the

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

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

511 ~~any such~~ claims or judgments.

512 (k) For purposes of this section, the individuals

513 appointed under s. 468.1135(4) as the state's delegates on the

514 Audiology and Speech-Language Pathology Interstate Compact

515 Commission, when serving in that capacity pursuant to s.

516 468.1335, and any administrator, officer, executive director,

517 employee, or representative of the commission, when acting

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

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

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

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

522 ~~any such~~ claims or judgments.

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

524 under s. 486.023(5) as the state's delegate on the Physical

525 Therapy Compact Commission, when serving in that capacity

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

527 executive director, employee, or representative of the Physical

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

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

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

531 claims or judgments pursuant to this section and may maintain

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

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

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

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

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

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

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

539 acting within the scope of and pursuant to guidelines

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

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

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

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

544 provides contracted services to juvenile offenders as an

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

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

547 456.001(4), who has contractually agreed to act as an agent of a

548 state university board of trustees to provide medical services

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

550 intercollegiate athletics, to include team practices, training,

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

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

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

554 guidelines established in that contract. The contracts must

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

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

557 chapter.

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

559 designating persons providing contracted health care services to

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

561 trustees for the purposes of chapter 440.

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

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

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

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

566 agencies or subdivisions for damages for a negligent or wrongful

567 act or omission pursuant to this section is ~~shall be forever~~

568 barred unless the civil action is commenced by filing a

569 complaint in the court of appropriate jurisdiction:

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

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

572 action for contribution.

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

574 action for damages arising from medical malpractice or wrongful

575 death.

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

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

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

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

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

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

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

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

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

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

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

587 ~~95.11(5).~~

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

589 any of its agencies or subdivisions by anyone who unlawfully

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

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

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

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

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

595 statements made in court.

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

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

598 programs, or to purchase liability insurance for whatever

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

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

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

602 subdivisions, and sheriffs, that are subject to homogeneous

603 risks may purchase insurance jointly or may join together as

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

605 claims, any charter provisions or laws to the contrary

606 notwithstanding.

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

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

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

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

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

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

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

614 records may be released to other governmental agencies upon

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

616 held by the receiving agency remain confidential and exempt as

617 provided ~~for~~ in this paragraph.

618 (c) Portions of meetings and proceedings conducted

619 pursuant to any risk management program administered by the

620 state, its agencies, or its subdivisions, which relate solely to

621 the evaluation of claims filed with the risk management program

622 or which relate solely to offers of compromise of claims filed

623 with the risk management program are exempt from the provisions

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

625 Until termination of all litigation and settlement of all claims

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

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

628 subject to subpoena in any administrative or civil proceeding

629 with regard to the content of those discussions.

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

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

632 its subdivisions, which relate solely to the evaluation of

633 claims filed with the risk management program or which relate

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

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

636 119.07(1) and s. 24(a), Art. I of the State Constitution until

637 termination of all litigation and settlement of all claims

638 arising out of the same incident.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

653 suit in federal court through any statute in existence before

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

655 ~~(18)(19) Neither~~ The state or an ~~nor any~~ agency or

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

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

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

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

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

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

662 the other party's negligence or to assume any liability for the

663 other party's negligence. This does not preclude a party from

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

665 indemnification or insurance. The restrictions of this

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

667 authority from indemnifying and assuming the liabilities of its

668 member governments for obligations arising from past acts or

669 omissions at or with property acquired from a member government

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

671 authority in performing activities contemplated by an interlocal

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

673 increase or otherwise waive the limits of liability to third-

674 party claimants established by this section.

675 ~~(19)(20)~~ Every municipality, and any of its agencies

676 ~~agency thereof,~~ may ~~is authorized to undertake to~~ indemnify

677 those employees who ~~that~~ are exposed to personal liability

678 pursuant to the Clean Air Act Amendments of 1990, 42 U.S.C.A.

679 ss. 7401 et seq., and all rules and regulations adopted to

680 implement that act, for acts performed within the course and

681 scope of their employment with the municipality or its agency,

682 including, but not limited to, indemnification pertaining to the

683 holding, transfer, or disposition of allowances allocated to the

684 municipality's or its agency's electric generating units, and

685 the monitoring, submission, certification, and compliance with

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

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

688 within the course and scope of their employment with the

689 municipality or its agency. The authority to indemnify under

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

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

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

693 cover any act of willful misconduct or any intentional or

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

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

696 the authority to pay any fine and provide legal representation

697 in any action.

698 Section 2. This act applies to causes of action that

699 accrue on or after October 1, 2026.

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

701 29.0081, Florida Statutes, is amended to read:

702 29.0081 County funding of additional court personnel.—

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

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

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

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

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

708 funded by the county under this section and other county

709 employees may be aggregated for purposes of a flexible benefits

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

711 The judicial circuit shall supervise the personnel whose

712 employment is funded under the agreement; be responsible for

713 compliance with all requirements of federal and state employment

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

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

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

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

718 440.105, and 440.205; and fully indemnify the county from any

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

720 ~~768.28(19),~~ to the extent such liability is the result of the

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

722 employees.

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

724 39.8297, Florida Statutes, is amended to read:

725 39.8297 County funding for guardian ad litem employees.—

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

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

728 supervised, managed, and terminated by the executive director of

729 the Statewide Guardian ad Litem Office. The statewide office is

730 responsible for compliance with all requirements of federal and

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

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

733 ~~768.28(19),~~ to the extent such liability is the result of the

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

735 its agents or employees.

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

737 343.811, Florida Statutes, is amended to read:

738 343.811 Power to assume indemnification and insurance

739 obligations.—

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

741 conjunction with the development or operation of a commuter rail

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

743 (a) Assume obligations pursuant to the following:

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

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

746 officers, agents, and employees from and against:

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

748 limited to, the agency's passengers and other rail corridor

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

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

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

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

753 fault, failure, negligence, misconduct, nonfeasance, or

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

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

756 persons whomsoever.

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

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

759 retention amount with respect to limited covered accidents

760 caused by the agency.

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

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

763 officers, agents, and employees from and against:

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

765 limited to, the agency's passengers and rail corridor invitees

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

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

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

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

770 misconduct, nonfeasance, or misfeasance of Brightline, its

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

772 person or persons whomsoever.

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

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

775 retention amount with respect to limited covered accidents

776 caused by the agency.

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

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

779 not in any instance exceed the following parameters of

780 allocation of risk:

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

782 injury, or damage to the agency's passengers, or rail corridor

783 invitees, third parties, or trespassers, regardless of

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

785 subparagraphs 3., 4., and 5.

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

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

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

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

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

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

792 defend, and indemnify the agency for the amount of the self-

793 insurance retention amount.

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

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

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

797 including punitive or exemplary damages, in excess of the self-

798 insurance retention amount exists only if Brightline agrees,

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

800 defend, and indemnify the agency for the amount of the self-

801 insurance retention amount.

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

803 a. The train is an agency's train, including an incident

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

805 responsible for any loss, injury, or damage.

806 b. The train is FECR's train, including an incident with

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

808 for any loss, injury, or damage, except for the agency's

809 passengers and other rail corridor invitees, which are the

810 responsibility of the agency, and Brightline's passengers and

811 other rail corridor invitees, which are the responsibility of

812 Brightline.

813 c. The train is Brightline's train, including an incident

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

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

816 agency's passengers or rail corridor invitees, which are the

817 responsibility of the agency, and FECR's rail corridor invitees,

818 which are the responsibility of FECR.

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

820 operator is responsible for:

821 a. Its property; passengers; employees, excluding

822 employees who are, at the time of the incident, rail corridor

823 invitees of another operator; and other rail corridor invitees.

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

825 joint infrastructure.

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

827 to:

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

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

830 responsible for its passengers and its rail corridor invitees

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

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

833 corridor as a result of the incident.

834 5. Any such contractual duty to protect, defend,

835 indemnify, and hold harmless FECR or Brightline with respect to

836 claims by rail passengers shall expressly include a specific cap

837 on the amount of the contractual duty, which amount may not

838 exceed $323 million per occurrence and shall be adjusted so that

839 the per-occurrence insurance requirement is equal to the

840 aggregate allowable awards to all rail passengers, against all

841 defendants, for all claims, including claims for punitive

842 damages, arising from a single accident or incident in

843 accordance with 49 U.S.C. s. 28103, or any successor provision,

844 without prior legislative approval.

845 6. Notwithstanding any provision of this section to the

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

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

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

850 Neither the assumption by contract to protect, defend,

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

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

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

854 claims or deemed to increase the limits of the agency's

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

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

857 Statutes, is amended to read:

858 944.713 Insurance against liability.—

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

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

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

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

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

864 person which does not exceed the applicable maximum amount

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

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

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

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

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

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

871 damages and losses, including costs and attorney's fees.

872 Section 7. For the purpose of incorporating the amendment

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

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

875 Statutes, is reenacted to read:

876 45.061 Offers of settlement.—

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

878 notwithstanding any limitation on recovery of costs or expenses

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

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

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

882 Section 8. For the purpose of incorporating the amendment

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

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

885 95.11, Florida Statutes, is reenacted to read:

886 95.11 Limitations other than for the recovery of real

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

888 be commenced as follows:

889 (6) WITHIN ONE YEAR.—

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

891 petition challenging a criminal conviction, all petitions;

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

893 768.28(14); or other actions which concern any condition of

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

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

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

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

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

899 discovered, or should have been discovered.

900 Section 9. For the purpose of incorporating the amendment

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

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

903 Statutes, is reenacted to read:

904 110.504 Volunteer benefits.—

905 (4) Volunteers shall be covered by state liability

906 protection in accordance with the definition of a volunteer and

907 the provisions of s. 768.28.

908 Section 10. For the purpose of incorporating the amendment

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

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

911 111.071, Florida Statutes, is reenacted to read:

912 111.071 Payment of judgments or settlements against

913 certain public officers or employees.—

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

915 agency of the state which has been excluded from participation

916 in the Insurance Risk Management Trust Fund is authorized to

917 expend available funds to pay:

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

919 attorney's fees, arising from a complaint for damages or injury

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

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

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

923 768.28 as a tort claim, the limitations and provisions of s.

924 768.28 governing payment shall apply. If the action is a civil

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

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

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

928 determined in the final judgment to have caused the harm

929 intentionally.

930 Section 11. For the purpose of incorporating the amendment

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

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

933 125.01015, Florida Statutes, is reenacted to read:

934 125.01015 Office of the sheriff.—

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

936 policing responsibility and authority to the sheriff in a

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

938 commissioners shall:

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

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

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

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

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

944 when the sheriff-elect takes office.

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

946 necessary insurances not provided by the county through the

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

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

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

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

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

952 capacity as sheriff, so that such accounts become operational

953 when he or she takes office.

954 4. Unless otherwise transferable based on existing surety

955 bonds for the sheriff's deputies, provide funding for and

956 facilitate procurement of the required surety bonds for deputy

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

958 when the sheriff-elect takes office.

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

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

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

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

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

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

965 less than the substantially and materially same support

966 services, facilities, office space, and information technology

967 infrastructure provided to county offices or departments

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

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

970 office.

971 a. As used in this subparagraph, the term "support

972 services" includes:

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

974 maintenance for such property and facilities.

975 (II) Communications infrastructure, including telephone

976 and Internet connectivity.

977 (III) Risk management, including processing, adjusting,

978 and payment of all claims and demands, including those made

979 under s. 768.28. The county shall provide the sheriff with all

980 required general liability, property, and other insurance

981 coverage through its self-insurance program, a self-insurance

982 risk pool, or commercial insurance. If the county provides

983 insurance through a self-insurance program, the county must also

984 provide the sheriff with commercial stop-loss coverage in an

985 amount and with a self-insured retention agreed upon by the

986 sheriff and the county.

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

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

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

990 other personnel in their official and individual capacities,

991 while acting in their official and individual capacities,

992 including any required outside counsel due to conflicts of

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

994 sheriff from employing or retaining his or her own legal

995 representation as he or she deems necessary.

996 (V) Purchasing and procurement services using procedures

997 under the laws and ordinances applicable to the county for

998 purchases requiring competitive procurement.

999 (VI) Budget and fiscal software and budget development

1000 services.

1001 (VII) Human resource services, including, but not limited

1002 to, facilitation of the hiring process, including employee

1003 applicant screening and employee applicant background checks,

1004 and employee benefit administration. The county may provide

1005 human resource services to the sheriff. However, the sheriff is

1006 the employer of his or her employees, and the sheriff retains

1007 full and complete control and authority over the hiring of his

1008 or her employees and the terms and conditions of employment,

1009 including employee discipline and termination of employment. The

1010 provision of human resource services by the county to the

1011 sheriff does not create a joint-employer relationship. The

1012 sheriff's employees shall remain members of the county's health

1013 insurance and workers' compensation plans for at least the term

1014 set forth in this subparagraph.

1015 (VIII) Fleet management, including procurement of all

1016 vehicles and other mobile assets such as boats and aircraft, and

1017 all vehicle repair and maintenance.

1018 b. As used in this subparagraph, the term "information

1019 technology infrastructure" includes:

1020 (I) All hardware, including computers.

1021 (II) Budget and fiscal software, including payroll and

1022 purchasing software.

1023 (III) Computer-aided dispatch.

1024 c. Under a cost allocation plan agreed to by the county

1025 and the sheriff, the sheriff shall pay the county for such

1026 support services and information technology infrastructure from

1027 his or her general fund budget, except for any support services

1028 and information technology infrastructure costs that general law

1029 otherwise and expressly requires the county to fund outside the

1030 sheriff's budget.

1031 d. To satisfy compliance with this subsection and to

1032 establish the office of the sheriff in a manner that minimizes

1033 unnecessary financial expenditures, the county and the sheriff

1034 shall execute an interlocal agreement addressing the

1035 requirements of this subsection and other expenditures,

1036 including an appropriate phase-in period for identification of

1037 the sheriff's assets with the sheriff's markings to minimize the

1038 cost to taxpayers. The interlocal agreement shall have a term

1039 that ends no earlier than September 30, 2028, and may be

1040 amended, renewed, extended, or newly adopted at any time

1041 following the expiration or termination of the agreement. After

1042 the initial period ending no earlier than September 30, 2028, an

1043 interlocal agreement may be entered into between the county and

1044 the sheriff which provides for the same or different

1045 requirements as set forth in this subsection.

1046 Section 12. For the purpose of incorporating the amendment

1047 made by this act to section 768.28, Florida Statutes, in

1048 references thereto, paragraph (h) of subsection (3) and

1049 paragraph (k) of subsection (15) of section 163.01, Florida

1050 Statutes, are reenacted to read:

1051 163.01 Florida Interlocal Cooperation Act of 1969.—

1052 (3) As used in this section:

1053 (h) "Local government liability pool" means a reciprocal

1054 insurer as defined in s. 629.011 or any self-insurance program

1055 created pursuant to s. 768.28(16), formed and controlled by

1056 counties or municipalities of this state to provide liability

1057 insurance coverage for counties, municipalities, or other public

1058 agencies of this state, which pool may contract with other

1059 parties for the purpose of providing claims administration,

1060 processing, accounting, and other administrative facilities.

1061 (15) Notwithstanding any other provision of this section

1062 or of any other law except s. 361.14, any public agency of this

1063 state which is an electric utility, or any separate legal entity

1064 created pursuant to the provisions of this section, the

1065 membership of which consists only of electric utilities, and

1066 which exercises or proposes to exercise the powers granted by

1067 part II of chapter 361, the Joint Power Act, may exercise any or

1068 all of the following powers:

1069 (k) The limitations on waiver in the provisions of s.

1070 768.28 or any other law to the contrary notwithstanding, the

1071 Legislature, in accordance with s. 13, Art. X of the State

1072 Constitution, hereby declares that any such legal entity or any

1073 public agency of this state that participates in any electric

1074 project waives its sovereign immunity to:

1075 1. All other persons participating therein; and

1076 2. Any person in any manner contracting with a legal

1077 entity of which any such public agency is a member, with

1078 relation to:

1079 a. Ownership, operation, or any other activity set forth

1080 in sub-subparagraph (b)2.d. with relation to any electric

1081 project; or

1082 b. The supplying or purchasing of services, output,

1083 capacity, energy, or any combination thereof.

1084 Section 13. For the purpose of incorporating the amendment

1085 made by this act to section 768.28, Florida Statutes, in a

1086 reference thereto, section 190.043, Florida Statutes, is

1087 reenacted to read:

1088 190.043 Suits against the district.—Any suit or action

1089 brought or maintained against the district for damages arising

1090 out of tort, including, without limitation, any claim arising

1091 upon account of an act causing an injury or loss of property,

1092 personal injury, or death, shall be subject to the limitations

1093 provided in s. 768.28.

1094 Section 14. For the purpose of incorporating the amendment

1095 made by this act to section 768.28, Florida Statutes, in a

1096 reference thereto, subsection (13) of section 213.015, Florida

1097 Statutes, is reenacted to read:

1098 213.015 Taxpayer rights.—There is created a Florida

1099 Taxpayer's Bill of Rights to guarantee that the rights, privacy,

1100 and property of Florida taxpayers are adequately safeguarded and

1101 protected during tax assessment, collection, and enforcement

1102 processes administered under the revenue laws of this state. The

1103 Taxpayer's Bill of Rights compiles, in one document, brief but

1104 comprehensive statements which explain, in simple, nontechnical

1105 terms, the rights and obligations of the Department of Revenue

1106 and taxpayers. Section 192.0105 provides additional rights

1107 afforded to payors of property taxes and assessments. The rights

1108 afforded taxpayers to ensure that their privacy and property are

1109 safeguarded and protected during tax assessment and collection

1110 are available only insofar as they are implemented in other

1111 parts of the Florida Statutes or rules of the Department of

1112 Revenue. The rights so guaranteed Florida taxpayers in the

1113 Florida Statutes and the departmental rules are:

1114 (13) The right to an action at law within the limitations

1115 of s. 768.28, relating to sovereign immunity, to recover damages

1116 against the state or the Department of Revenue for injury caused

1117 by the wrongful or negligent act or omission of a department

1118 officer or employee (see s. 768.28).

1119 Section 15. For the purpose of incorporating the amendment

1120 made by this act to section 768.28, Florida Statutes, in a

1121 reference thereto, section 252.51, Florida Statutes, is

1122 reenacted to read:

1123 252.51 Liability.—Any person or organization, public or

1124 private, owning or controlling real estate or other premises who

1125 voluntarily and without compensation, other than payment or

1126 reimbursement of costs and expenses, grants a license or

1127 privilege or otherwise permits the designation by the local

1128 emergency management agency or use of the whole or any part of

1129 such real estate or premises for the purpose of sheltering

1130 persons during an actual, impending, mock, or practice

1131 emergency, together with her or his successor in interest, if

1132 any, shall not be liable for the death of, or injury to, any

1133 person on or about such real estate or premises during the

1134 actual, impending, mock, or practice emergency, or for loss of,

1135 or damage to, the property of such person, solely by reason or

1136 as a result of such license, privilege, designation, or use,

1137 unless the gross negligence or the willful and wanton misconduct

1138 of such person owning or controlling such real estate or

1139 premises or her or his successor in interest is the proximate

1140 cause of such death, injury, loss, or damage occurring during

1141 such sheltering period. Any such person or organization who

1142 provides such shelter space for compensation shall be deemed to

1143 be an instrumentality of the state or its applicable agency or

1144 subdivision for the purposes of s. 768.28.

1145 Section 16. For the purpose of incorporating the amendment

1146 made by this act to section 768.28, Florida Statutes, in a

1147 reference thereto, section 252.89, Florida Statutes, is

1148 reenacted to read:

1149 252.89 Tort liability.—The commission and the committees

1150 shall be state agencies, and the members of the commission and

1151 committees shall be officers, employees, or agents of the state

1152 for the purposes of s. 768.28.

1153 Section 17. For the purpose of incorporating the amendment

1154 made by this act to section 768.28, Florida Statutes, in a

1155 reference thereto, section 252.944, Florida Statutes, is

1156 reenacted to read:

1157 252.944 Tort liability.—The commission and the committees

1158 are state agencies, and the members of the commission and

1159 committees are officers, employees, or agents of the state for

1160 the purpose of s. 768.28.

1161 Section 18. For the purpose of incorporating the amendment

1162 made by this act to section 768.28, Florida Statutes, in a

1163 reference thereto, subsection (2) of section 260.0125, Florida

1164 Statutes, is reenacted to read:

1165 260.0125 Limitation on liability of private landowners

1166 whose property is designated as part of the statewide system of

1167 greenways and trails.—

1168 (2) Any private landowner who consents to designation of

1169 his or her land as part of the statewide system of greenways and

1170 trails pursuant to s. 260.016(2)(d) without compensation shall

1171 be considered a volunteer, as defined in s. 110.501, and shall

1172 be covered by state liability protection pursuant to s. 768.28,

1173 including s. 768.28(9).

1174 Section 19. For the purpose of incorporating the amendment

1175 made by this act to section 768.28, Florida Statutes, in a

1176 reference thereto, section 284.31, Florida Statutes, is

1177 reenacted to read:

1178 284.31 Scope and types of coverages; separate accounts.—

1179 The Insurance Risk Management Trust Fund must, unless

1180 specifically excluded by the Department of Financial Services,

1181 cover all departments of the State of Florida and their

1182 employees, agents, and volunteers and must provide separate

1183 accounts for workers' compensation, general liability, fleet

1184 automotive liability, federal civil rights actions under 42

1185 U.S.C. s. 1983 or similar federal statutes, state agency

1186 firefighter cancer benefits payable under s. 112.1816(2), and

1187 court-awarded attorney fees in other proceedings against the

1188 state except for such awards in eminent domain or for inverse

1189 condemnation or for awards by the Public Employees Relations

1190 Commission. Unless specifically excluded by the Department of

1191 Financial Services, the Insurance Risk Management Trust Fund

1192 must provide fleet automotive liability coverage to motor

1193 vehicles titled to the state, or to any department of the state,

1194 when such motor vehicles are used by community transportation

1195 coordinators performing, under contract to the appropriate

1196 department of the state, services for the transportation

1197 disadvantaged under part I of chapter 427. Such fleet automotive

1198 liability coverage is primary and is subject to s. 768.28 and

1199 parts II and III of chapter 284, and applicable rules adopted

1200 thereunder, and the terms and conditions of the certificate of

1201 coverage issued by the Department of Financial Services.

1202 Section 20. For the purpose of incorporating the amendment

1203 made by this act to section 768.28, Florida Statutes, in

1204 references thereto, section 284.38, Florida Statutes, is

1205 reenacted to read:

1206 284.38 Waiver of sovereign immunity; effect.—The insurance

1207 programs developed herein shall provide limits as established by

1208 the provisions of s. 768.28 if a tort claim. The limits provided

1209 in s. 768.28 shall not apply to a civil rights action arising

1210 under 42 U.S.C. s. 1983 or similar federal statute. Payment of a

1211 pending or future claim or judgment arising under any of said

1212 statutes may be made upon this act becoming a law, unless the

1213 officer, employee, or agent has been determined in the final

1214 judgment to have caused the harm intentionally; however, the

1215 fund is authorized to pay all other court-ordered attorney's

1216 fees as provided under s. 284.31.

1217 Section 21. For the purpose of incorporating the amendment

1218 made by this act to section 768.28, Florida Statutes, in a

1219 reference thereto, paragraph (b) of subsection (1) of section

1220 322.13, Florida Statutes, is reenacted to read:

1221 322.13 Driver license examiners.—

1222 (1)

1223 (b) Those persons serving as driver license examiners are

1224 not liable for actions taken within the scope of their

1225 employment or designation, except as provided by s. 768.28.

1226 Section 22. For the purpose of incorporating the amendment

1227 made by this act to section 768.28, Florida Statutes, in a

1228 reference thereto, subsection (1) of section 337.19, Florida

1229 Statutes, is reenacted to read:

1230 337.19 Suits by and against department; limitation of

1231 actions; forum.—

1232 (1) Suits at law and in equity may be brought and

1233 maintained by and against the department on any contract claim

1234 arising from breach of an express provision or an implied

1235 covenant of a written agreement or a written directive issued by

1236 the department pursuant to the written agreement. In any such

1237 suit, the department and the contractor shall have all of the

1238 same rights and obligations as a private person under a like

1239 contract except that no liability may be based on an oral

1240 modification of either the written contract or written

1241 directive. Nothing herein shall be construed to waive the

1242 sovereign immunity of the state and its political subdivisions

1243 from equitable claims and equitable remedies. Notwithstanding

1244 anything to the contrary contained in this section, no employee

1245 or agent of the department may be held personally liable to an

1246 extent greater than that pursuant to s. 768.28 provided that no

1247 suit sounding in tort shall be maintained against the

1248 department.

1249 Section 23. For the purpose of incorporating the amendment

1250 made by this act to section 768.28, Florida Statutes, in a

1251 reference thereto, subsection (17) of section 341.302, Florida

1252 Statutes, is reenacted to read:

1253 341.302 Rail program; duties and responsibilities of the

1254 department.—The department, in conjunction with other

1255 governmental entities, including the rail enterprise and the

1256 private sector, shall develop and implement a rail program of

1257 statewide application designed to ensure the proper maintenance,

1258 safety, revitalization, and expansion of the rail system to

1259 assure its continued and increased availability to respond to

1260 statewide mobility needs. Within the resources provided pursuant

1261 to chapter 216, and as authorized under federal law, the

1262 department shall:

1263 (17) In conjunction with the acquisition, ownership,

1264 construction, operation, maintenance, and management of a rail

1265 corridor, have the authority to:

1266 (a) Assume obligations pursuant to the following:

1267 1.a. The department may assume the obligation by contract

1268 to forever protect, defend, indemnify, and hold harmless the

1269 freight rail operator, or its successors, from whom the

1270 department has acquired a real property interest in the rail

1271 corridor, and that freight rail operator's officers, agents, and

1272 employees, from and against any liability, cost, and expense,

1273 including, but not limited to, commuter rail passengers and rail

1274 corridor invitees in the rail corridor, regardless of whether

1275 the loss, damage, destruction, injury, or death giving rise to

1276 any such liability, cost, or expense is caused in whole or in

1277 part, and to whatever nature or degree, by the fault, failure,

1278 negligence, misconduct, nonfeasance, or misfeasance of such

1279 freight rail operator, its successors, or its officers, agents,

1280 and employees, or any other person or persons whomsoever; or

1281 b. The department may assume the obligation by contract to

1282 forever protect, defend, indemnify, and hold harmless National

1283 Railroad Passenger Corporation, or its successors, and officers,

1284 agents, and employees of National Railroad Passenger

1285 Corporation, from and against any liability, cost, and expense,

1286 including, but not limited to, commuter rail passengers and rail

1287 corridor invitees in the rail corridor, regardless of whether

1288 the loss, damage, destruction, injury, or death giving rise to

1289 any such liability, cost, or expense is caused in whole or in

1290 part, and to whatever nature or degree, by the fault, failure,

1291 negligence, misconduct, nonfeasance, or misfeasance of National

1292 Railroad Passenger Corporation, its successors, or its officers,

1293 agents, and employees, or any other person or persons

1294 whomsoever.

1295 2. The assumption of liability of the department by

1296 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph

1297 1.b. may not in any instance exceed the following parameters of

1298 allocation of risk:

1299 a. The department may be solely responsible for any loss,

1300 injury, or damage to commuter rail passengers, or rail corridor

1301 invitees, or trespassers, regardless of circumstances or cause,

1302 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and

1303 6.

1304 b.(I) In the event of a limited covered accident, the

1305 authority of the department to protect, defend, and indemnify

1306 the freight operator for all liability, cost, and expense,

1307 including punitive or exemplary damages, in excess of the

1308 deductible or self-insurance retention fund established under

1309 paragraph (b) and actually in force at the time of the limited

1310 covered accident exists only if the freight operator agrees,

1311 with respect to the limited covered accident, to protect,

1312 defend, and indemnify the department for the amount of the

1313 deductible or self-insurance retention fund established under

1314 paragraph (b) and actually in force at the time of the limited

1315 covered accident.

1316 (II) In the event of a limited covered accident, the

1317 authority of the department to protect, defend, and indemnify

1318 National Railroad Passenger Corporation for all liability, cost,

1319 and expense, including punitive or exemplary damages, in excess

1320 of the deductible or self-insurance retention fund established

1321 under paragraph (b) and actually in force at the time of the

1322 limited covered accident exists only if National Railroad

1323 Passenger Corporation agrees, with respect to the limited

1324 covered accident, to protect, defend, and indemnify the

1325 department for the amount of the deductible or self-insurance

1326 retention fund established under paragraph (b) and actually in

1327 force at the time of the limited covered accident.

1328 3. When only one train is involved in an incident, the

1329 department may be solely responsible for any loss, injury, or

1330 damage if the train is a department train or other train

1331 pursuant to subparagraph 4., but only if:

1332 a. When an incident occurs with only a freight train

1333 involved, including incidents with trespassers or at grade

1334 crossings, the freight rail operator is solely responsible for

1335 any loss, injury, or damage, except for commuter rail passengers

1336 and rail corridor invitees; or

1337 b. When an incident occurs with only a National Railroad

1338 Passenger Corporation train involved, including incidents with

1339 trespassers or at grade crossings, National Railroad Passenger

1340 Corporation is solely responsible for any loss, injury, or

1341 damage, except for commuter rail passengers and rail corridor

1342 invitees.

1343 4. For the purposes of this subsection:

1344 a. Any train involved in an incident that is neither the

1345 department's train nor the freight rail operator's train,

1346 hereinafter referred to in this subsection as an "other train,"

1347 may be treated as a department train, solely for purposes of any

1348 allocation of liability between the department and the freight

1349 rail operator only, but only if the department and the freight

1350 rail operator share responsibility equally as to third parties

1351 outside the rail corridor who incur loss, injury, or damage as a

1352 result of any incident involving both a department train and a

1353 freight rail operator train, and the allocation as between the

1354 department and the freight rail operator, regardless of whether

1355 the other train is treated as a department train, shall remain

1356 one-half each as to third parties outside the rail corridor who

1357 incur loss, injury, or damage as a result of the incident. The

1358 involvement of any other train shall not alter the sharing of

1359 equal responsibility as to third parties outside the rail

1360 corridor who incur loss, injury, or damage as a result of the

1361 incident; or

1362 b. Any train involved in an incident that is neither the

1363 department's train nor the National Railroad Passenger

1364 Corporation's train, hereinafter referred to in this subsection

1365 as an "other train," may be treated as a department train,

1366 solely for purposes of any allocation of liability between the

1367 department and National Railroad Passenger Corporation only, but

1368 only if the department and National Railroad Passenger

1369 Corporation share responsibility equally as to third parties

1370 outside the rail corridor who incur loss, injury, or damage as a

1371 result of any incident involving both a department train and a

1372 National Railroad Passenger Corporation train, and the

1373 allocation as between the department and National Railroad

1374 Passenger Corporation, regardless of whether the other train is

1375 treated as a department train, shall remain one-half each as to

1376 third parties outside the rail corridor who incur loss, injury,

1377 or damage as a result of the incident. The involvement of any

1378 other train shall not alter the sharing of equal responsibility

1379 as to third parties outside the rail corridor who incur loss,

1380 injury, or damage as a result of the incident.

1381 5. When more than one train is involved in an incident:

1382 a.(I) If only a department train and freight rail

1383 operator's train, or only an other train as described in sub-

1384 subparagraph 4.a. and a freight rail operator's train, are

1385 involved in an incident, the department may be responsible for

1386 its property and all of its people, all commuter rail

1387 passengers, and rail corridor invitees, but only if the freight

1388 rail operator is responsible for its property and all of its

1389 people, and the department and the freight rail operator each

1390 share one-half responsibility as to trespassers or third parties

1391 outside the rail corridor who incur loss, injury, or damage as a

1392 result of the incident; or

1393 (II) If only a department train and a National Railroad

1394 Passenger Corporation train, or only an other train as described

1395 in sub-subparagraph 4.b. and a National Railroad Passenger

1396 Corporation train, are involved in an incident, the department

1397 may be responsible for its property and all of its people, all

1398 commuter rail passengers, and rail corridor invitees, but only

1399 if National Railroad Passenger Corporation is responsible for

1400 its property and all of its people, all National Railroad

1401 Passenger Corporation's rail passengers, and the department and

1402 National Railroad Passenger Corporation each share one-half

1403 responsibility as to trespassers or third parties outside the

1404 rail corridor who incur loss, injury, or damage as a result of

1405 the incident.

1406 b.(I) If a department train, a freight rail operator

1407 train, and any other train are involved in an incident, the

1408 allocation of liability between the department and the freight

1409 rail operator, regardless of whether the other train is treated

1410 as a department train, shall remain one-half each as to third

1411 parties outside the rail corridor who incur loss, injury, or

1412 damage as a result of the incident; the involvement of any other

1413 train shall not alter the sharing of equal responsibility as to

1414 third parties outside the rail corridor who incur loss, injury,

1415 or damage as a result of the incident; and, if the owner,

1416 operator, or insurer of the other train makes any payment to

1417 injured third parties outside the rail corridor who incur loss,

1418 injury, or damage as a result of the incident, the allocation of

1419 credit between the department and the freight rail operator as

1420 to such payment shall not in any case reduce the freight rail

1421 operator's third-party-sharing allocation of one-half under this

1422 paragraph to less than one-third of the total third party

1423 liability; or

1424 (II) If a department train, a National Railroad Passenger

1425 Corporation train, and any other train are involved in an

1426 incident, the allocation of liability between the department and

1427 National Railroad Passenger Corporation, regardless of whether

1428 the other train is treated as a department train, shall remain

1429 one-half each as to third parties outside the rail corridor who

1430 incur loss, injury, or damage as a result of the incident; the

1431 involvement of any other train shall not alter the sharing of

1432 equal responsibility as to third parties outside the rail

1433 corridor who incur loss, injury, or damage as a result of the

1434 incident; and, if the owner, operator, or insurer of the other

1435 train makes any payment to injured third parties outside the

1436 rail corridor who incur loss, injury, or damage as a result of

1437 the incident, the allocation of credit between the department

1438 and National Railroad Passenger Corporation as to such payment

1439 shall not in any case reduce National Railroad Passenger

1440 Corporation's third-party-sharing allocation of one-half under

1441 this sub-subparagraph to less than one-third of the total third

1442 party liability.

1443 6. Any such contractual duty to protect, defend,

1444 indemnify, and hold harmless such a freight rail operator or

1445 National Railroad Passenger Corporation shall expressly include

1446 a specific cap on the amount of the contractual duty, which

1447 amount shall not exceed $200 million without prior legislative

1448 approval, and the department to purchase liability insurance and

1449 establish a self-insurance retention fund in the amount of the

1450 specific cap established under this subparagraph, provided that:

1451 a. No such contractual duty shall in any case be effective

1452 nor otherwise extend the department's liability in scope and

1453 effect beyond the contractual liability insurance and self-

1454 insurance retention fund required pursuant to this paragraph;

1455 and

1456 b.(I) The freight rail operator's compensation to the

1457 department for future use of the department's rail corridor

1458 shall include a monetary contribution to the cost of such

1459 liability coverage for the sole benefit of the freight rail

1460 operator.

1461 (II) National Railroad Passenger Corporation's

1462 compensation to the department for future use of the

1463 department's rail corridor shall include a monetary contribution

1464 to the cost of such liability coverage for the sole benefit of

1465 National Railroad Passenger Corporation.

1466 (b) Purchase liability insurance, which amount shall not

1467 exceed $200 million, and establish a self-insurance retention

1468 fund for the purpose of paying the deductible limit established

1469 in the insurance policies it may obtain, including coverage for

1470 the department, any freight rail operator as described in

1471 paragraph (a), National Railroad Passenger Corporation, commuter

1472 rail service providers, governmental entities, or any ancillary

1473 development, which self-insurance retention fund or deductible

1474 shall not exceed $10 million. The insureds shall pay a

1475 reasonable monetary contribution to the cost of such liability

1476 coverage for the sole benefit of the insured. Such insurance and

1477 self-insurance retention fund may provide coverage for all

1478 damages, including, but not limited to, compensatory, special,

1479 and exemplary, and be maintained to provide an adequate fund to

1480 cover claims and liabilities for loss, injury, or damage arising

1481 out of or connected with the ownership, operation, maintenance,

1482 and management of a rail corridor.

1483 (c) Incur expenses for the purchase of advertisements,

1484 marketing, and promotional items.

1485 (d) Without altering any of the rights granted to the

1486 department under this section, agree to assume the obligations

1487 to indemnify and insure, pursuant to s. 343.545, freight rail

1488 service, intercity passenger rail service, and commuter rail

1489 service on a department-owned rail corridor, whether ownership

1490 is in fee or by easement, or on a rail corridor where the

1491 department has the right to operate.

1493 Neither the assumption by contract to protect, defend,

1494 indemnify, and hold harmless; the purchase of insurance; nor the

1495 establishment of a self-insurance retention fund shall be deemed

1496 to be a waiver of any defense of sovereign immunity for torts

1497 nor deemed to increase the limits of the department's or the

1498 governmental entity's liability for torts as provided in s.

1499 768.28. The requirements of s. 287.022(1) shall not apply to the

1500 purchase of any insurance under this subsection. The provisions

1501 of this subsection shall apply and inure fully as to any other

1502 governmental entity providing commuter rail service and

1503 constructing, operating, maintaining, or managing a rail

1504 corridor on publicly owned right-of-way under contract by the

1505 governmental entity with the department or a governmental entity

1506 designated by the department. Notwithstanding any law to the

1507 contrary, procurement for the construction, operation,

1508 maintenance, and management of any rail corridor described in

1509 this subsection, whether by the department, a governmental

1510 entity under contract with the department, or a governmental

1511 entity designated by the department, shall be pursuant to s.

1512 287.057 and shall include, but not be limited to, criteria for

1513 the consideration of qualifications, technical aspects of the

1514 proposal, and price. Further, any such contract for design-build

1515 shall be procured pursuant to the criteria in s. 337.11(7).

1516 Section 24. For the purpose of incorporating the amendment

1517 made by this act to section 768.28, Florida Statutes, in a

1518 reference thereto, subsection (3) of section 343.811, Florida

1519 Statutes, is reenacted to read:

1520 343.811 Power to assume indemnification and insurance

1521 obligations.—

1522 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In

1523 conjunction with the development or operation of a commuter rail

1524 service on the Coastal Link corridor, an agency may:

1525 (a) Assume obligations pursuant to the following:

1526 1.a. The agency may assume the obligation by contract to

1527 protect, defend, indemnify, and hold harmless FECR and its

1528 officers, agents, and employees from and against:

1529 (I) Any liability, cost, and expense, including, but not

1530 limited to, the agency's passengers and other rail corridor

1531 invitees in, on, or about the Coastal Link corridor, regardless

1532 of whether the loss, damage, destruction, injury, or death

1533 giving rise to any such liability, cost, or expense is caused in

1534 whole or in part, and to whatever nature or degree, by the

1535 fault, failure, negligence, misconduct, nonfeasance, or

1536 misfeasance of such freight rail operator, its successors, or

1537 its officers, agents, and employees, or any other person or

1538 persons whomsoever.

1539 (II) Any loss, injury, or damage incurred by other rail

1540 corridor invitees up to the amount of the self-insurance

1541 retention amount with respect to limited covered accidents

1542 caused by the agency.

1543 b. The agency may assume the obligation by contract to

1544 protect, defend, indemnify, and hold harmless Brightline and its

1545 officers, agents, and employees from and against:

1546 (I) Any liability, cost, and expense, including, but not

1547 limited to, the agency's passengers and rail corridor invitees

1548 in the Coastal Link corridor, regardless of whether the loss,

1549 damage, destruction, injury, or death giving rise to any such

1550 liability, cost, or expense is caused in whole or in part, and

1551 to whatever nature or degree, by the fault, failure, negligence,

1552 misconduct, nonfeasance, or misfeasance of Brightline, its

1553 successors, or its officers, agents, and employees, or any other

1554 person or persons whomsoever.

1555 (II) Any loss, injury, or damage incurred by other rail

1556 corridor invitees up to the amount of the self-insurance

1557 retention amount with respect to limited covered accidents

1558 caused by the agency.

1559 2. The assumption of liability of the agency by contract

1560 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may

1561 not in any instance exceed the following parameters of

1562 allocation of risk:

1563 a. The agency may be solely responsible for any loss,

1564 injury, or damage to the agency's passengers, or rail corridor

1565 invitees, third parties, or trespassers, regardless of

1566 circumstances or cause, subject to sub-subparagraph b. and

1567 subparagraphs 3., 4., and 5.

1568 b.(I) In the event of a limited covered accident caused by

1569 FECR, the authority of an agency to protect, defend, and

1570 indemnify FECR for all liability, cost, and expense, including

1571 punitive or exemplary damages, in excess of the self-insurance

1572 retention amount exists only if FECR agrees, with respect to

1573 such limited covered accident caused by FECR, to protect,

1574 defend, and indemnify the agency for the amount of the self-

1575 insurance retention amount.

1576 (II) In the event of a limited covered accident caused by

1577 Brightline, the authority of an agency to protect, defend, and

1578 indemnify Brightline for all liability, cost, and expense,

1579 including punitive or exemplary damages, in excess of the self-

1580 insurance retention amount exists only if Brightline agrees,

1581 with respect to such limited covered accident, to protect,

1582 defend, and indemnify the agency for the amount of the self-

1583 insurance retention amount.

1584 3. When only one train is involved in an incident and:

1585 a. The train is an agency's train, including an incident

1586 with trespassers or at-grade crossings, the agency may be solely

1587 responsible for any loss, injury, or damage.

1588 b. The train is FECR's train, including an incident with

1589 trespassers or at-grade crossings, FECR is solely responsible

1590 for any loss, injury, or damage, except for the agency's

1591 passengers and other rail corridor invitees, which are the

1592 responsibility of the agency, and Brightline's passengers and

1593 other rail corridor invitees, which are the responsibility of

1594 Brightline.

1595 c. The train is Brightline's train, including an incident

1596 with trespassers or at-grade crossings, Brightline is solely

1597 responsible for any loss, injury, or damage, except for the

1598 agency's passengers or rail corridor invitees, which are the

1599 responsibility of the agency, and FECR's rail corridor invitees,

1600 which are the responsibility of FECR.

1601 4. When an incident involves more than one operator, each

1602 operator is responsible for:

1603 a. Its property; passengers; employees, excluding

1604 employees who are, at the time of the incident, rail corridor

1605 invitees of another operator; and other rail corridor invitees.

1606 b. Its proportionate share of any loss or damage to the

1607 joint infrastructure.

1608 c. Its proportionate share of any loss, injury, or damage

1609 to:

1610 (I) Rail corridor invitees who are not rail corridor

1611 invitees of operators, provided that the agency shall always be

1612 responsible for its passengers and its rail corridor invitees

1613 regardless of whether the agency was involved in the incident.

1614 (II) Trespassers or third parties outside the Coastal Link

1615 corridor as a result of the incident.

1616 5. Any such contractual duty to protect, defend,

1617 indemnify, and hold harmless FECR or Brightline with respect to

1618 claims by rail passengers shall expressly include a specific cap

1619 on the amount of the contractual duty, which amount may not

1620 exceed $323 million per occurrence and shall be adjusted so that

1621 the per-occurrence insurance requirement is equal to the

1622 aggregate allowable awards to all rail passengers, against all

1623 defendants, for all claims, including claims for punitive

1624 damages, arising from a single accident or incident in

1625 accordance with 49 U.S.C. s. 28103, or any successor provision,

1626 without prior legislative approval.

1627 6. Notwithstanding any provision of this section to the

1628 contrary, the liabilities of the agency to the state or any

1629 other agency shall be as set forth in an agreement among such

1630 entities and limited by s. 768.28(19).

1631 (b) Purchase liability insurance, which amount may not

1632 exceed $323 million per occurrence, which amount shall be

1633 adjusted so that the per-occurrence insurance requirement is

1634 equal to the aggregate allowable awards to all rail passengers,

1635 against all defendants, for all claims, including claims for

1636 punitive damages, arising from a single accident or incident in

1637 accordance with 49 U.S.C. s. 28103, or any successor provision,

1638 and establish a self-insurance retention fund for the purpose of

1639 paying the deductible limit established in the insurance

1640 policies it may obtain, including coverage for a county agency,

1641 any freight rail operator as described in paragraph (a),

1642 Brightline, commuter rail service providers, governmental

1643 entities, or any ancillary development, which self-insurance

1644 retention fund or deductible shall not exceed the self-insurance

1645 retention amount.

1646 1. Such insurance and self-insurance retention fund may

1647 provide coverage for all damages, including, but not limited to,

1648 compensatory, special, and exemplary, and be maintained to

1649 provide an adequate fund to cover claims and liabilities for

1650 loss, injury, or damage arising out of or connected with the

1651 ownership, operation, maintenance, and management of the Coastal

1652 Link corridor.

1653 2. Any self-insured retention account shall be a

1654 segregated account of the agency and shall be subject to the

1655 same conditions, restrictions, exclusions, obligations, and

1656 duties included in any and all of the policies of liability

1657 insurance purchased under this paragraph.

1658 3. Unless otherwise specifically provided by general law,

1659 FECR and Brightline, and their respective officers, agents, and

1660 employees, are not officers, agents, employees, or subdivisions

1661 of the state and are not entitled to sovereign immunity.

1663 Neither the assumption by contract to protect, defend,

1664 indemnify, and hold harmless; the purchase of insurance; nor the

1665 establishment of a self-insurance retention fund shall be deemed

1666 to be a waiver of any defense of sovereign immunity for tort

1667 claims or deemed to increase the limits of the agency's

1668 liability for tort claims as provided in s. 768.28.

1669 Section 25. For the purpose of incorporating the amendment

1670 made by this act to section 768.28, Florida Statutes, in a

1671 reference thereto, paragraph (c) of subsection (4) of section

1672 351.03, Florida Statutes, is reenacted to read:

1673 351.03 Railroad-highway grade-crossing warning signs and

1674 signals; audible warnings; exercise of reasonable care; blocking

1675 highways, roads, and streets during darkness.—

1676 (4)

1677 (c) Nothing in this subsection shall be construed to

1678 nullify the liability provisions of s. 768.28.

1679 Section 26. For the purpose of incorporating the amendment

1680 made by this act to section 768.28, Florida Statutes, in a

1681 reference thereto, subsection (6) of section 373.1395, Florida

1682 Statutes, is reenacted to read:

1683 373.1395 Limitation on liability of water management

1684 district with respect to areas made available to the public for

1685 recreational purposes without charge.—

1686 (6) This section does not relieve any water management

1687 district of any liability that would otherwise exist for gross

1688 negligence or a deliberate, willful, or malicious injury to a

1689 person or property. This section does not create or increase the

1690 liability of any water management district or person beyond that

1691 which is authorized by s. 768.28.

1692 Section 27. For the purpose of incorporating the amendment

1693 made by this act to section 768.28, Florida Statutes, in a

1694 reference thereto, paragraph (a) of subsection (3) of section

1695 375.251, Florida Statutes, is reenacted to read:

1696 375.251 Limitation on liability of persons making

1697 available to public certain areas for recreational purposes

1698 without charge.—

1699 (3)(a) An owner of an area who enters into a written

1700 agreement concerning the area with a state agency for outdoor

1701 recreational purposes, where such agreement recognizes that the

1702 state agency is responsible for personal injury, loss, or damage

1703 resulting in whole or in part from the state agency's use of the

1704 area under the terms of the agreement subject to the limitations

1705 and conditions specified in s. 768.28, owes no duty of care to

1706 keep the area safe for entry or use by others, or to give

1707 warning to persons entering or going on the area of any

1708 hazardous conditions, structures, or activities thereon. An

1709 owner who enters into a written agreement concerning the area

1710 with a state agency for outdoor recreational purposes:

1711 1. Is not presumed to extend any assurance that the area

1712 is safe for any purpose;

1713 2. Does not incur any duty of care toward a person who

1714 goes on the area that is subject to the agreement; or

1715 3. Is not liable or responsible for any injury to persons

1716 or property caused by the act or omission of a person who goes

1717 on the area that is subject to the agreement.

1718 Section 28. For the purpose of incorporating the amendment

1719 made by this act to section 768.28, Florida Statutes, in a

1720 reference thereto, subsection (9) of section 381.0056, Florida

1721 Statutes, is reenacted to read:

1722 381.0056 School health services program.—

1723 (9) Any health care entity that provides school health

1724 services under contract with the department pursuant to a school

1725 health services plan developed under this section, and as part

1726 of a school nurse services public-private partnership, is deemed

1727 to be a corporation acting primarily as an instrumentality of

1728 the state solely for the purpose of limiting liability pursuant

1729 to s. 768.28(5). The limitations on tort actions contained in s.

1730 768.28(5) shall apply to any action against the entity with

1731 respect to the provision of school health services, if the

1732 entity is acting within the scope of and pursuant to guidelines

1733 established in the contract or by rule of the department. The

1734 contract must require the entity, or the partnership on behalf

1735 of the entity, to obtain general liability insurance coverage,

1736 with any additional endorsement necessary to insure the entity

1737 for liability assumed by its contract with the department. The

1738 Legislature intends that insurance be purchased by entities, or

1739 by partnerships on behalf of the entity, to cover all liability

1740 claims, and under no circumstances shall the state or the

1741 department be responsible for payment of any claims or defense

1742 costs for claims brought against the entity or its subcontractor

1743 for services performed under the contract with the department.

1744 This subsection does not preclude consideration by the

1745 Legislature for payment by the state of any claims bill

1746 involving an entity contracting with the department pursuant to

1747 this section.

1748 Section 29. For the purpose of incorporating the amendment

1749 made by this act to section 768.28, Florida Statutes, in a

1750 reference thereto, subsection (3) of section 393.075, Florida

1751 Statutes, is reenacted to read:

1752 393.075 General liability coverage.—

1753 (3) This section shall not be construed as designating or

1754 not designating that a person who owns or operates a foster care

1755 facility or group home facility as described in this section or

1756 any other person is an employee or agent of the state. Nothing

1757 in this section amends, expands, or supersedes the provisions of

1758 s. 768.28.

1759 Section 30. For the purpose of incorporating the amendment

1760 made by this act to section 768.28, Florida Statutes, in a

1761 reference thereto, subsection (7) of section 394.9085, Florida

1762 Statutes, is reenacted to read:

1763 394.9085 Behavioral provider liability.—

1764 (7) This section shall not be construed to waive sovereign

1765 immunity for any governmental unit or other entity protected by

1766 sovereign immunity. Section 768.28 shall continue to apply to

1767 all governmental units and such entities.

1768 Section 31. For the purpose of incorporating the amendment

1769 made by this act to section 768.28, Florida Statutes, in a

1770 reference thereto, paragraph (g) of subsection (10) of section

1771 395.1055, Florida Statutes, is reenacted to read:

1772 395.1055 Rules and enforcement.—

1773 (10) The agency shall establish a pediatric cardiac

1774 technical advisory panel, pursuant to s. 20.052, to develop

1775 procedures and standards for measuring outcomes of pediatric

1776 cardiac catheterization programs and pediatric cardiovascular

1777 surgery programs.

1778 (g) Panel members are agents of the state for purposes of

1779 s. 768.28 throughout the good faith performance of the duties

1780 assigned to them by the Secretary of Health Care Administration.

1781 Section 32. For the purpose of incorporating the amendment

1782 made by this act to section 768.28, Florida Statutes, in a

1783 reference thereto, paragraph (c) of subsection (17) of section

1784 403.706, Florida Statutes, is reenacted to read:

1785 403.706 Local government solid waste responsibilities.—

1786 (17) To effect the purposes of this part, counties and

1787 municipalities are authorized, in addition to other powers

1788 granted pursuant to this part:

1789 (c) To waive sovereign immunity and immunity from suit in

1790 federal court by vote of the governing body of the county or

1791 municipality to the extent necessary to carry out the authority

1792 granted in paragraphs (a) and (b), notwithstanding the

1793 limitations prescribed in s. 768.28.

1794 Section 33. For the purpose of incorporating the amendment

1795 made by this act to section 768.28, Florida Statutes, in a

1796 reference thereto, paragraph (b) of subsection (15) of section

1797 409.175, Florida Statutes, is reenacted to read:

1798 409.175 Licensure of family foster homes, residential

1799 child-caring agencies, and child-placing agencies; public

1800 records exemption.—

1801 (15)

1802 (b) This subsection may not be construed as designating or

1803 not designating that a person who owns or operates a family

1804 foster home as described in this subsection or any other person

1805 is an employee or agent of the state. Nothing in this subsection

1806 amends, expands, or supersedes the provisions of s. 768.28.

1807 Section 34. For the purpose of incorporating the amendment

1808 made by this act to section 768.28, Florida Statutes, in

1809 references thereto, subsection (1), paragraph (a) of subsection

1810 (2), and paragraph (a) of subsection (3) of section 409.993,

1811 Florida Statutes, are reenacted to read:

1812 409.993 Lead agencies and subcontractor liability.—

1813 (1) FINDINGS.—

1814 (a) The Legislature finds that the state has traditionally

1815 provided foster care services to children who are the

1816 responsibility of the state. As such, foster children have not

1817 had the right to recover for injuries beyond the limitations

1818 specified in s. 768.28. The Legislature has determined that

1819 foster care and related services should be outsourced pursuant

1820 to this section and that the provision of such services is of

1821 paramount importance to the state. The purpose of such

1822 outsourcing is to increase the level of safety, security, and

1823 stability of children who are or become the responsibility of

1824 the state. One of the components necessary to secure a safe and

1825 stable environment for such children is the requirement that

1826 private providers maintain liability insurance. As such,

1827 insurance needs to be available and remain available to

1828 nongovernmental foster care and related services providers

1829 without the resources of such providers being significantly

1830 reduced by the cost of maintaining such insurance.

1831 (b) The Legislature further finds that, by requiring the

1832 following minimum levels of insurance, children in outsourced

1833 foster care and related services will gain increased protection

1834 and rights of recovery in the event of injury than currently

1835 provided in s. 768.28.

1836 (2) LEAD AGENCY LIABILITY.—

1837 (a) Other than an entity to which s. 768.28 applies, an

1838 eligible community-based care lead agency, or its employees or

1839 officers, except as otherwise provided in paragraph (b), shall,

1840 as a part of its contract, obtain a minimum of $1 million per

1841 occurrence with a policy period aggregate limit of $3 million in

1842 general liability insurance coverage. The lead agency must also

1843 require that staff who transport client children and families in

1844 their personal automobiles in order to carry out their job

1845 responsibilities obtain minimum bodily injury liability

1846 insurance in the amount of $100,000 per person per any one

1847 automobile accident, and subject to such limits for each person,

1848 $300,000 for all damages resulting from any one automobile

1849 accident, on their personal automobiles. In lieu of personal

1850 motor vehicle insurance, the lead agency's casualty, liability,

1851 or motor vehicle insurance carrier may provide nonowned

1852 automobile liability coverage. This insurance provides liability

1853 insurance for an automobile that the lead agency uses in

1854 connection with the lead agency's business but does not own,

1855 lease, rent, or borrow. This coverage includes an automobile

1856 owned by an employee of the lead agency or a member of the

1857 employee's household but only while the automobile is used in

1858 connection with the lead agency's business. The nonowned

1859 automobile coverage for the lead agency applies as excess

1860 coverage over any other collectible insurance. The personal

1861 automobile policy for the employee of the lead agency shall be

1862 primary insurance, and the nonowned automobile coverage of the

1863 lead agency acts as excess insurance to the primary insurance.

1864 The lead agency shall provide a minimum limit of $1 million in

1865 nonowned automobile coverage. In a tort action brought against

1866 such a lead agency or employee, net economic damages shall be

1867 limited to $2 million per liability claim and $200,000 per

1868 automobile claim, including, but not limited to, past and future

1869 medical expenses, wage loss, and loss of earning capacity,

1870 offset by any collateral source payment paid or payable. In any

1871 tort action brought against a lead agency, noneconomic damages

1872 shall be limited to $400,000 per claim. A claims bill may be

1873 brought on behalf of a claimant pursuant to s. 768.28 for any

1874 amount exceeding the limits specified in this paragraph. Any

1875 offset of collateral source payments made as of the date of the

1876 settlement or judgment shall be in accordance with s. 768.76.

1877 The lead agency is not liable in tort for the acts or omissions

1878 of its subcontractors or the officers, agents, or employees of

1879 its subcontractors.

1880 (3) SUBCONTRACTOR LIABILITY.—

1881 (a) A subcontractor of an eligible community-based care

1882 lead agency that is a direct provider of foster care and related

1883 services to children and families, and its employees or

1884 officers, except as otherwise provided in paragraph (c), must,

1885 as a part of its contract, obtain a minimum of $1 million per

1886 occurrence with a policy period aggregate limit of $3 million in

1887 general liability insurance coverage. The subcontractor of a

1888 lead agency must also require that staff who transport client

1889 children and families in their personal automobiles in order to

1890 carry out their job responsibilities obtain minimum bodily

1891 injury liability insurance in the amount of $100,000 per person

1892 in any one automobile accident, and subject to such limits for

1893 each person, $300,000 for all damages resulting from any one

1894 automobile accident, on their personal automobiles. In lieu of

1895 personal motor vehicle insurance, the subcontractor's casualty,

1896 liability, or motor vehicle insurance carrier may provide

1897 nonowned automobile liability coverage. This insurance provides

1898 liability insurance for automobiles that the subcontractor uses

1899 in connection with the subcontractor's business but does not

1900 own, lease, rent, or borrow. This coverage includes automobiles

1901 owned by the employees of the subcontractor or a member of the

1902 employee's household but only while the automobiles are used in

1903 connection with the subcontractor's business. The nonowned

1904 automobile coverage for the subcontractor applies as excess

1905 coverage over any other collectible insurance. The personal

1906 automobile policy for the employee of the subcontractor shall be

1907 primary insurance, and the nonowned automobile coverage of the

1908 subcontractor acts as excess insurance to the primary insurance.

1909 The subcontractor shall provide a minimum limit of $1 million in

1910 nonowned automobile coverage. In a tort action brought against

1911 such subcontractor or employee, net economic damages shall be

1912 limited to $2 million per liability claim and $200,000 per

1913 automobile claim, including, but not limited to, past and future

1914 medical expenses, wage loss, and loss of earning capacity,

1915 offset by any collateral source payment paid or payable. In a

1916 tort action brought against such subcontractor, noneconomic

1917 damages shall be limited to $400,000 per claim. A claims bill

1918 may be brought on behalf of a claimant pursuant to s. 768.28 for

1919 any amount exceeding the limits specified in this paragraph. Any

1920 offset of collateral source payments made as of the date of the

1921 settlement or judgment shall be in accordance with s. 768.76.

1922 Section 35. For the purpose of incorporating the amendment

1923 made by this act to section 768.28, Florida Statutes, in a

1924 reference thereto, subsection (8) of section 420.504, Florida

1925 Statutes, is reenacted to read:

1926 420.504 Public corporation; creation, membership, terms,

1927 expenses.—

1928 (8) The corporation is a corporation primarily acting as

1929 an instrumentality of the state, within the meaning of s.

1930 768.28.

1931 Section 36. For the purpose of incorporating the amendment

1932 made by this act to section 768.28, Florida Statutes, in a

1933 reference thereto, subsection (3) of section 455.221, Florida

1934 Statutes, is reenacted to read:

1935 455.221 Legal and investigative services.—

1936 (3) Any person retained by the department under contract

1937 to review materials, make site visits, or provide expert

1938 testimony regarding any complaint or application filed with the

1939 department relating to a profession under the jurisdiction of

1940 the department shall be considered an agent of the department in

1941 determining the state insurance coverage and sovereign immunity

1942 protection applicability of ss. 284.31 and 768.28.

1943 Section 37. For the purpose of incorporating the amendment

1944 made by this act to section 768.28, Florida Statutes, in a

1945 reference thereto, subsection (5) of section 455.32, Florida

1946 Statutes, is reenacted to read:

1947 455.32 Management Privatization Act.—

1948 (5) Any such corporation may hire staff as necessary to

1949 carry out its functions. Such staff are not public employees for

1950 the purposes of chapter 110 or chapter 112, except that the

1951 board of directors and the employees of the corporation are

1952 subject to the provisions of s. 112.061 and part III of chapter

1953 112. The provisions of s. 768.28 apply to each such corporation,

1954 which is deemed to be a corporation primarily acting as an

1955 instrumentality of the state but which is not an agency within

1956 the meaning of s. 20.03(1).

1957 Section 38. For the purpose of incorporating the amendment

1958 made by this act to section 768.28, Florida Statutes, in a

1959 reference thereto, subsection (3) of section 456.009, Florida

1960 Statutes, is reenacted to read:

1961 456.009 Legal and investigative services.—

1962 (3) Any person retained by the department under contract

1963 to review materials, make site visits, or provide expert

1964 testimony regarding any complaint or application filed with the

1965 department relating to a profession under the jurisdiction of

1966 the department shall be considered an agent of the department in

1967 determining the state insurance coverage and sovereign immunity

1968 protection applicability of ss. 284.31 and 768.28.

1969 Section 39. For the purpose of incorporating the amendment

1970 made by this act to section 768.28, Florida Statutes, in a

1971 reference thereto, paragraph (a) of subsection (15) of section

1972 456.076, Florida Statutes, is reenacted to read:

1973 456.076 Impaired practitioner programs.—

1974 (15)(a) A consultant retained pursuant to this section and

1975 a consultant's directors, officers, employees, or agents shall

1976 be considered agents of the department for purposes of s. 768.28

1977 while acting within the scope of the consultant's duties under

1978 the contract with the department.

1979 Section 40. For the purpose of incorporating the amendment

1980 made by this act to section 768.28, Florida Statutes, in a

1981 reference thereto, subsection (3) of section 471.038, Florida

1982 Statutes, is reenacted to read:

1983 471.038 Florida Engineers Management Corporation.—

1984 (3) The Florida Engineers Management Corporation is

1985 created to provide administrative, investigative, and

1986 prosecutorial services to the board in accordance with the

1987 provisions of chapter 455 and this chapter. The management

1988 corporation may hire staff as necessary to carry out its

1989 functions. Such staff are not public employees for the purposes

1990 of chapter 110 or chapter 112, except that the board of

1991 directors and the staff are subject to the provisions of s.

1992 112.061. The provisions of s. 768.28 apply to the management

1993 corporation, which is deemed to be a corporation primarily

1994 acting as an instrumentality of the state, but which is not an

1995 agency within the meaning of s. 20.03(1). The management

1996 corporation shall:

1997 (a) Be a Florida corporation not for profit, incorporated

1998 under the provisions of chapter 617.

1999 (b) Provide administrative, investigative, and

2000 prosecutorial services to the board in accordance with the

2001 provisions of chapter 455, this chapter, and the contract

2002 required by this section.

2003 (c) Receive, hold, and administer property and make only

2004 prudent expenditures directly related to the responsibilities of

2005 the board, and in accordance with the contract required by this

2006 section.

2007 (d) Be approved by the board, and the department, to

2008 operate for the benefit of the board and in the best interest of

2009 the state.

2010 (e) Operate under a fiscal year that begins on July 1 of

2011 each year and ends on June 30 of the following year.

2012 (f) Have a seven-member board of directors, five of whom

2013 are to be appointed by the board and must be registrants

2014 regulated by the board and two of whom are to be appointed by

2015 the secretary and must be laypersons not regulated by the board.

2016 All appointments shall be for 4-year terms. No member shall

2017 serve more than two consecutive terms. Failure to attend three

2018 consecutive meetings shall be deemed a resignation from the

2019 board, and the vacancy shall be filled by a new appointment.

2020 (g) Select its officers in accordance with its bylaws. The

2021 members of the board of directors who were appointed by the

2022 board may be removed by the board.

2023 (h) Select the president of the management corporation,

2024 who shall also serve as executive director to the board, subject

2025 to approval of the board.

2026 (i) Use a portion of the interest derived from the

2027 management corporation account to offset the costs associated

2028 with the use of credit cards for payment of fees by applicants

2029 or licensees.

2030 (j) Operate under a written contract with the department

2031 which is approved by the board. The contract must provide for,

2032 but is not limited to:

2033 1. Submission by the management corporation of an annual

2034 budget that complies with board rules for approval by the board

2035 and the department.

2036 2. Annual certification by the board and the department

2037 that the management corporation is complying with the terms of

2038 the contract in a manner consistent with the goals and purposes

2039 of the board and in the best interest of the state. This

2040 certification must be reported in the board's minutes. The

2041 contract must also provide for methods and mechanisms to resolve

2042 any situation in which the certification process determines

2043 noncompliance.

2044 3. Funding of the management corporation through

2045 appropriations allocated to the regulation of professional

2046 engineers from the Professional Regulation Trust Fund.

2047 4. The reversion to the board, or the state if the board

2048 ceases to exist, of moneys, records, data, and property held in

2049 trust by the management corporation for the benefit of the

2050 board, if the management corporation is no longer approved to

2051 operate for the board or the board ceases to exist. All records

2052 and data in a computerized database shall be returned to the

2053 department in a form that is compatible with the computerized

2054 database of the department.

2055 5. The securing and maintaining by the management

2056 corporation, during the term of the contract and for all acts

2057 performed during the term of the contract, of all liability

2058 insurance coverages in an amount to be approved by the board to

2059 defend, indemnify, and hold harmless the management corporation

2060 and its officers and employees, the department and its

2061 employees, and the state against all claims arising from state

2062 and federal laws. Such insurance coverage must be with insurers

2063 qualified and doing business in the state. The management

2064 corporation must provide proof of insurance to the department.

2065 The department and its employees and the state are exempt from

2066 and are not liable for any sum of money which represents a

2067 deductible, which sums shall be the sole responsibility of the

2068 management corporation. Violation of this subparagraph shall be

2069 grounds for terminating the contract.

2070 6. Payment by the management corporation, out of its

2071 allocated budget, to the department of all costs of

2072 representation by the board counsel, including salary and

2073 benefits, travel, and any other compensation traditionally paid

2074 by the department to other board counsel.

2075 7. Payment by the management corporation, out of its

2076 allocated budget, to the department of all costs incurred by the

2077 management corporation or the board for the Division of

2078 Administrative Hearings of the Department of Management Services

2079 and any other cost for utilization of these state services.

2080 8. Payment by the management corporation, out of its

2081 allocated budget, to the department of reasonable costs

2082 associated with the contract monitor.

2083 (k) Provide for an annual financial audit of its financial

2084 accounts and records by an independent certified public

2085 accountant. The annual audit report shall include a management

2086 letter in accordance with s. 11.45 and a detailed supplemental

2087 schedule of expenditures for each expenditure category. The

2088 annual audit report must be submitted to the board, the

2089 department, and the Auditor General for review.

2090 (l) Provide for persons not employed by the corporation

2091 who are charged with the responsibility of receiving and

2092 depositing fee and fine revenues to have a faithful performance

2093 bond in such an amount and according to such terms as shall be

2094 determined in the contract.

2095 (m) Submit to the secretary, the board, and the

2096 Legislature, on or before October 1 of each year, a report on

2097 the status of the corporation which includes, but is not limited

2098 to, information concerning the programs and funds that have been

2099 transferred to the corporation. The report must include: the

2100 number of license applications received; the number approved and

2101 denied and the number of licenses issued; the number of

2102 examinations administered and the number of applicants who

2103 passed or failed the examination; the number of complaints

2104 received; the number determined to be legally sufficient; the

2105 number dismissed; the number determined to have probable cause;

2106 the number of administrative complaints issued and the status of

2107 the complaints; and the number and nature of disciplinary

2108 actions taken by the board.

2109 (n) Develop and submit to the department, performance

2110 standards and measurable outcomes for the board to adopt by rule

2111 in order to facilitate efficient and cost-effective regulation.

2112 Section 41. For the purpose of incorporating the amendment

2113 made by this act to section 768.28, Florida Statutes, in a

2114 reference thereto, paragraph (b) of subsection (11) of section

2115 472.006, Florida Statutes, is reenacted to read:

2116 472.006 Department; powers and duties.—The department

2117 shall:

2118 (11) Provide legal counsel for the board by contracting

2119 with the Department of Legal Affairs, by retaining private

2120 counsel pursuant to s. 287.059, or by providing department staff

2121 counsel. The board shall periodically review and evaluate the

2122 services provided by its board counsel. Fees and costs of such

2123 counsel shall be paid from the General Inspection Trust Fund,

2124 subject to ss. 215.37 and 472.011. All contracts for independent

2125 legal counsel must provide for periodic review and evaluation by

2126 the board and the department of services provided.

2127 (b) Any person retained by the department under contract

2128 to review materials, make site visits, or provide expert

2129 testimony regarding any complaint or application filed with the

2130 department relating to the practice of surveying and mapping

2131 shall be considered an agent of the department in determining

2132 the state insurance coverage and sovereign immunity protection

2133 applicability of ss. 284.31 and 768.28.

2134 Section 42. For the purpose of incorporating the amendment

2135 made by this act to section 768.28, Florida Statutes, in a

2136 reference thereto, subsection (7) of section 497.167, Florida

2137 Statutes, is reenacted to read:

2138 497.167 Administrative matters.—

2139 (7) Any person retained by the department under contract

2140 to review materials, make site visits, or provide expert

2141 testimony regarding any complaint or application filed with the

2142 department, relating to regulation under this chapter, shall be

2143 considered an agent of the department in determining the state

2144 insurance coverage and sovereign immunity protection

2145 applicability of ss. 284.31 and 768.28.

2146 Section 43. For the purpose of incorporating the amendment

2147 made by this act to section 768.28, Florida Statutes, in a

2148 reference thereto, subsection (2) of section 513.118, Florida

2149 Statutes, is reenacted to read:

2150 513.118 Conduct on premises; refusal of service.—

2151 (2) The operator of a recreational vehicle park may

2152 request that a transient guest or visitor who violates

2153 subsection (1) leave the premises immediately. A person who

2154 refuses to leave the premises commits the offense of trespass as

2155 provided in s. 810.08, and the operator may call a law

2156 enforcement officer to have the person and his or her property

2157 removed under the supervision of the officer. A law enforcement

2158 officer is not liable for any claim involving the removal of the

2159 person or property from the recreational vehicle park under this

2160 section, except as provided in s. 768.28. If conditions do not

2161 allow for immediate removal of the person's property, he or she

2162 may arrange a reasonable time, not to exceed 48 hours, with the

2163 operator to come remove the property, accompanied by a law

2164 enforcement officer.

2165 Section 44. For the purpose of incorporating the amendment

2166 made by this act to section 768.28, Florida Statutes, in a

2167 reference thereto, subsection (1) of section 548.046, Florida

2168 Statutes, is reenacted to read:

2169 548.046 Physician's attendance at match; examinations;

2170 cancellation of match.—

2171 (1) The commission, or the commission representative,

2172 shall assign to each match at least one physician who shall

2173 observe the physical condition of the participants and advise

2174 the commissioner or commission representative in charge and the

2175 referee of the participants' conditions before, during, and

2176 after the match. The commission shall establish a schedule of

2177 fees for the physician's services. The physician's fee shall be

2178 paid by the promoter of the match attended by the physician. The

2179 physician shall be considered an agent of the commission in

2180 determining the state insurance coverage and sovereign immunity

2181 protection applicability of ss. 284.31 and 768.28.

2182 Section 45. For the purpose of incorporating the amendment

2183 made by this act to section 768.28, Florida Statutes, in a

2184 reference thereto, subsection (8) of section 556.106, Florida

2185 Statutes, is reenacted to read:

2186 556.106 Liability of the member operator, excavator, and

2187 system.—

2188 (8) Any liability of the state, its agencies, or its

2189 subdivisions which arises out of this chapter is subject to the

2190 provisions of s. 768.28.

2191 Section 46. For the purpose of incorporating the amendment

2192 made by this act to section 768.28, Florida Statutes, in a

2193 reference thereto, paragraph (e) of subsection (4) of section

2194 589.19, Florida Statutes, is reenacted to read:

2195 589.19 Creation of certain state forests; naming of

2196 certain state forests; Operation Outdoor Freedom Program.—

2197 (4)

2198 (e)1. A private landowner who provides land for

2199 designation and use as an Operation Outdoor Freedom Program

2200 hunting site shall have limited liability pursuant to s.

2201 375.251.

2202 2. A private landowner who consents to the designation and

2203 use of land as part of the Operation Outdoor Freedom Program

2204 without compensation shall be considered a volunteer, as defined

2205 in s. 110.501, and shall be covered by state liability

2206 protection pursuant to s. 768.28, including s. 768.28(9).

2207 3. This subsection does not:

2208 a. Relieve any person of liability that would otherwise

2209 exist for deliberate, willful, or malicious injury to persons or

2210 property.

2211 b. Create or increase the liability of any person.

2212 Section 47. For the purpose of incorporating the amendment

2213 made by this act to section 768.28, Florida Statutes, in

2214 references thereto, subsections (3) and (4) of section 627.7491,

2215 Florida Statutes, are reenacted to read:

2216 627.7491 Official law enforcement vehicles; motor vehicle

2217 insurance requirements.—

2218 (3) Any suit or action brought or maintained against an

2219 employing agency for damages arising out of tort pursuant to

2220 this section, including, without limitation, any claim arising

2221 upon account of an act causing loss of property, personal

2222 injury, or death, shall be subject to the limitations provided

2223 in s. 768.28(5).

2224 (4) The requirements of this section may be met by any

2225 method authorized by s. 768.28(16).

2226 Section 48. For the purpose of incorporating the amendment

2227 made by this act to section 768.28, Florida Statutes, in a

2228 reference thereto, paragraph (c) of subsection (2) of section

2229 723.0611, Florida Statutes, is reenacted to read:

2230 723.0611 Florida Mobile Home Relocation Corporation.—

2231 (2)

2232 (c) The corporation shall, for purposes of s. 768.28, be

2233 considered an agency of the state. Agents or employees of the

2234 corporation, members of the board of directors of the

2235 corporation, or representatives of the Division of Florida

2236 Condominiums, Timeshares, and Mobile Homes shall be considered

2237 officers, employees, or agents of the state, and actions against

2238 them and the corporation shall be governed by s. 768.28.

2239 Section 49. For the purpose of incorporating the amendment

2240 made by this act to section 768.28, Florida Statutes, in a

2241 reference thereto, subsection (5) of section 760.11, Florida

2242 Statutes, is reenacted to read:

2243 760.11 Administrative and civil remedies; construction.—

2244 (5) In any civil action brought under this section, the

2245 court may issue an order prohibiting the discriminatory practice

2246 and providing affirmative relief from the effects of the

2247 practice, including back pay. The court may also award

2248 compensatory damages, including, but not limited to, damages for

2249 mental anguish, loss of dignity, and any other intangible

2250 injuries, and punitive damages. The provisions of ss. 768.72 and

2251 768.73 do not apply to this section. The judgment for the total

2252 amount of punitive damages awarded under this section to an

2253 aggrieved person shall not exceed $100,000. In any action or

2254 proceeding under this subsection, the court, in its discretion,

2255 may allow the prevailing party a reasonable attorney's fee as

2256 part of the costs. It is the intent of the Legislature that this

2257 provision for attorney's fees be interpreted in a manner

2258 consistent with federal case law involving a Title VII action.

2259 The right to trial by jury is preserved in any such private

2260 right of action in which the aggrieved person is seeking

2261 compensatory or punitive damages, and any party may demand a

2262 trial by jury. The commission's determination of reasonable

2263 cause is not admissible into evidence in any civil proceeding,

2264 including any hearing or trial, except to establish for the

2265 court the right to maintain the private right of action. A civil

2266 action brought under this section shall be commenced no later

2267 than 1 year after the date of determination of reasonable cause

2268 by the commission. The commencement of such action shall divest

2269 the commission of jurisdiction of the complaint, except that the

2270 commission may intervene in the civil action as a matter of

2271 right. Notwithstanding the above, the state and its agencies and

2272 subdivisions shall not be liable for punitive damages. The total

2273 amount of recovery against the state and its agencies and

2274 subdivisions shall not exceed the limitation as set forth in s.

2275 768.28(5).

2276 Section 50. For the purpose of incorporating the amendment

2277 made by this act to section 768.28, Florida Statutes, in a

2278 reference thereto, subsection (4) of section 766.1115, Florida

2279 Statutes, is reenacted to read:

2280 766.1115 Health care providers; creation of agency

2281 relationship with governmental contractors.—

2282 (4) CONTRACT REQUIREMENTS.—A health care provider that

2283 executes a contract with a governmental contractor to deliver

2284 health care services on or after April 17, 1992, as an agent of

2285 the governmental contractor is an agent for purposes of s.

2286 768.28(9), while acting within the scope of duties under the

2287 contract, if the contract complies with the requirements of this

2288 section and regardless of whether the individual treated is

2289 later found to be ineligible. A health care provider shall

2290 continue to be an agent for purposes of s. 768.28(9) for 30 days

2291 after a determination of ineligibility to allow for treatment

2292 until the individual transitions to treatment by another health

2293 care provider. A health care provider under contract with the

2294 state may not be named as a defendant in any action arising out

2295 of medical care or treatment provided on or after April 17,

2296 1992, under contracts entered into under this section. The

2297 contract must provide that:

2298 (a) The right of dismissal or termination of any health

2299 care provider delivering services under the contract is retained

2300 by the governmental contractor.

2301 (b) The governmental contractor has access to the patient

2302 records of any health care provider delivering services under

2303 the contract.

2304 (c) Adverse incidents and information on treatment

2305 outcomes must be reported by any health care provider to the

2306 governmental contractor if the incidents and information pertain

2307 to a patient treated under the contract. The health care

2308 provider shall submit the reports required by s. 395.0197. If an

2309 incident involves a professional licensed by the Department of

2310 Health or a facility licensed by the Agency for Health Care

2311 Administration, the governmental contractor shall submit such

2312 incident reports to the appropriate department or agency, which

2313 shall review each incident and determine whether it involves

2314 conduct by the licensee that is subject to disciplinary action.

2315 All patient medical records and any identifying information

2316 contained in adverse incident reports and treatment outcomes

2317 which are obtained by governmental entities under this paragraph

2318 are confidential and exempt from the provisions of s. 119.07(1)

2319 and s. 24(a), Art. I of the State Constitution.

2320 (d) Patient selection and initial referral must be made by

2321 the governmental contractor or the provider. Patients may not be

2322 transferred to the provider based on a violation of the

2323 antidumping provisions of the Omnibus Budget Reconciliation Act

2324 of 1989, the Omnibus Budget Reconciliation Act of 1990, or

2325 chapter 395.

2326 (e) If emergency care is required, the patient need not be

2327 referred before receiving treatment, but must be referred within

2328 48 hours after treatment is commenced or within 48 hours after

2329 the patient has the mental capacity to consent to treatment,

2330 whichever occurs later.

2331 (f) The provider is subject to supervision and regular

2332 inspection by the governmental contractor.

2333 (g) As an agent of the governmental contractor for

2334 purposes of s. 768.28(9), while acting within the scope of

2335 duties under the contract, a health care provider licensed under

2336 chapter 466 may allow a patient, or a parent or guardian of the

2337 patient, to voluntarily contribute a monetary amount to cover

2338 costs of dental laboratory work related to the services provided

2339 to the patient. This contribution may not exceed the actual cost

2340 of the dental laboratory charges.

2342 A governmental contractor that is also a health care provider is

2343 not required to enter into a contract under this section with

2344 respect to the health care services delivered by its employees.

2345 Section 51. For the purpose of incorporating the amendment

2346 made by this act to section 768.28, Florida Statutes, in a

2347 reference thereto, subsection (2) of section 766.112, Florida

2348 Statutes, is reenacted to read:

2349 766.112 Comparative fault.—

2350 (2) In an action for damages for personal injury or

2351 wrongful death arising out of medical negligence, whether in

2352 contract or tort, when an apportionment of damages pursuant to

2353 s. 768.81 is attributed to a board of trustees of a state

2354 university, the court shall enter judgment against the board of

2355 trustees on the basis of the board's percentage of fault and not

2356 on the basis of the doctrine of joint and several liability. The

2357 sole remedy available to a claimant to collect a judgment or

2358 settlement against a board of trustees, subject to the

2359 provisions of this subsection, shall be pursuant to s. 768.28.

2360 Section 52. For the purpose of incorporating the amendment

2361 made by this act to section 768.28, Florida Statutes, in a

2362 reference thereto, subsection (3) of section 768.1355, Florida

2363 Statutes, is reenacted to read:

2364 768.1355 Florida Volunteer Protection Act.—

2365 (3) Members of elected or appointed boards, councils, and

2366 commissions of the state, counties, municipalities, authorities,

2367 and special districts shall incur no civil liability and shall

2368 have immunity from suit as provided in s. 768.28 for acts or

2369 omissions by members relating to members' conduct of their

2370 official duties. It is the intent of the Legislature to

2371 encourage our best and brightest people to serve on elected and

2372 appointed boards, councils, and commissions.

2373 Section 53. For the purpose of incorporating the amendment

2374 made by this act to section 768.28, Florida Statutes, in a

2375 reference thereto, subsection (7) of section 768.1382, Florida

2376 Statutes, is reenacted to read:

2377 768.1382 Streetlights, security lights, and other similar

2378 illumination; limitation on liability.—

2379 (7) In the event that there is any conflict between this

2380 section and s. 768.81, or any other section of the Florida

2381 Statutes, this section shall control. Further, nothing in this

2382 section shall impact or waive any provision of s. 768.28.

2383 Section 54. For the purpose of incorporating the amendment

2384 made by this act to section 768.28, Florida Statutes, in a

2385 reference thereto, subsection (4) of section 768.295, Florida

2386 Statutes, is reenacted to read:

2387 768.295 Strategic Lawsuits Against Public Participation

2388 (SLAPP) prohibited.—

2389 (4) A person or entity sued by a governmental entity or

2390 another person in violation of this section has a right to an

2391 expeditious resolution of a claim that the suit is in violation

2392 of this section. A person or entity may move the court for an

2393 order dismissing the action or granting final judgment in favor

2394 of that person or entity. The person or entity may file a motion

2395 for summary judgment, together with supplemental affidavits,

2396 seeking a determination that the claimant's or governmental

2397 entity's lawsuit has been brought in violation of this section.

2398 The claimant or governmental entity shall thereafter file a

2399 response and any supplemental affidavits. As soon as

2400 practicable, the court shall set a hearing on the motion, which

2401 shall be held at the earliest possible time after the filing of

2402 the claimant's or governmental entity's response. The court may

2403 award, subject to the limitations in s. 768.28, the party sued

2404 by a governmental entity actual damages arising from a

2405 governmental entity's violation of this section. The court shall

2406 award the prevailing party reasonable attorney fees and costs

2407 incurred in connection with a claim that an action was filed in

2408 violation of this section.

2409 Section 55. For the purpose of incorporating the amendment

2410 made by this act to section 768.28, Florida Statutes, in a

2411 reference thereto, section 946.5026, Florida Statutes, is

2412 reenacted to read:

2413 946.5026 Sovereign immunity in tort actions.—The

2414 provisions of s. 768.28 shall be applicable to the corporation

2415 established under this part, which is deemed to be a corporation

2416 primarily acting as an instrumentality of the state.

2417 Section 56. For the purpose of incorporating the amendment

2418 made by this act to section 768.28, Florida Statutes, in a

2419 reference thereto, subsection (3) of section 946.514, Florida

2420 Statutes, is reenacted to read:

2421 946.514 Civil rights of inmates; inmates not state

2422 employees; liability of corporation for inmate injuries.—

2423 (3) The corporation is liable for inmate injury to the

2424 extent specified in s. 768.28; however, the members of the board

2425 of directors are not individually liable to any inmate for any

2426 injury sustained in any correctional work program operated by

2427 the corporation.

2428 Section 57. For the purpose of incorporating the amendment

2429 made by this act to section 768.28, Florida Statutes, in a

2430 reference thereto, subsection (8) of section 961.06, Florida

2431 Statutes, is reenacted to read:

2432 961.06 Compensation for wrongful incarceration.—

2433 (8) Any payment made under this act does not constitute a

2434 waiver of any defense of sovereign immunity or an increase in

2435 the limits of liability on behalf of the state or any person

2436 subject to s. 768.28 or any other law.

2437 Section 58. For the purpose of incorporating the amendment

2438 made by this act to section 768.28, Florida Statutes, in a

2439 reference thereto, subsection (3) of section 984.09, Florida

2440 Statutes, is reenacted to read:

2441 984.09 Punishment for contempt of court; alternative

2442 sanctions.—

2443 (3) ALTERNATIVE SANCTIONS.—Upon determining that a child

2444 has committed direct contempt of court or indirect contempt of a

2445 valid court order, the court may immediately request the circuit

2446 alternative sanctions coordinator to recommend the most

2447 appropriate available alternative sanction and shall order the

2448 child to perform up to 50 hours of community service or a

2449 similar alternative sanction, unless an alternative sanction is

2450 unavailable or inappropriate, or unless the child has failed to

2451 comply with a prior alternative sanction. Alternative contempt

2452 sanctions may be provided by local industry or by any nonprofit

2453 organization or any public or private business or service entity

2454 that has entered into a contract with the department to act as

2455 an agent of the state to provide voluntary supervision of

2456 children on behalf of the state in exchange for the labor of

2457 children and limited immunity in accordance with s. 768.28(11).

2458 Section 59. For the purpose of incorporating the amendment

2459 made by this act to section 768.28, Florida Statutes, in a

2460 reference thereto, paragraph (h) of subsection (12) of section

2461 1002.33, Florida Statutes, is reenacted to read:

2462 1002.33 Charter schools.—

2463 (12) EMPLOYEES OF CHARTER SCHOOLS.—

2464 (h) For the purposes of tort liability, the charter

2465 school, including its governing body and employees, shall be

2466 governed by s. 768.28. This paragraph does not include any for-

2467 profit entity contracted by the charter school or its governing

2468 body.

2469 Section 60. For the purpose of incorporating the amendment

2470 made by this act to section 768.28, Florida Statutes, in a

2471 reference thereto, paragraph (b) of subsection (6) of section

2472 1002.333, Florida Statutes, is reenacted to read:

2473 1002.333 Persistently low-performing schools.—

2474 (6) STATUTORY AUTHORITY.—

2475 (b) For the purposes of tort liability, the hope operator,

2476 the school of hope, and its employees or agents shall be

2477 governed by s. 768.28. The sponsor shall not be liable for civil

2478 damages under state law for the employment actions or personal

2479 injury, property damage, or death resulting from an act or

2480 omission of a hope operator, the school of hope, or its

2481 employees or agents. This paragraph does not include any for-

2482 profit entity contracted by the charter school or its governing

2483 body.

2484 Section 61. For the purpose of incorporating the amendment

2485 made by this act to section 768.28, Florida Statutes, in a

2486 reference thereto, subsection (17) of section 1002.34, Florida

2487 Statutes, is reenacted to read:

2488 1002.34 Charter technical career centers.—

2489 (17) IMMUNITY.—For the purposes of tort liability, the

2490 governing body and employees of a center are governed by s.

2491 768.28.

2492 Section 62. For the purpose of incorporating the amendment

2493 made by this act to section 768.28, Florida Statutes, in a

2494 reference thereto, subsection (2) of section 1002.37, Florida

2495 Statutes, is reenacted to read:

2496 1002.37 The Florida Virtual School.—

2497 (2) The Florida Virtual School shall be governed by a

2498 board of trustees comprised of seven members appointed by the

2499 Governor to 4-year staggered terms. The board of trustees shall

2500 be a public agency entitled to sovereign immunity pursuant to s.

2501 768.28, and board members shall be public officers who shall

2502 bear fiduciary responsibility for the Florida Virtual School.

2503 The board of trustees shall have the following powers and

2504 duties:

2505 (a)1. The board of trustees shall meet at least 4 times

2506 each year, upon the call of the chair, or at the request of a

2507 majority of the membership.

2508 2. The fiscal year for the Florida Virtual School shall be

2509 the state fiscal year as provided in s. 216.011(1)(q).

2510 (b) The board of trustees shall be responsible for the

2511 Florida Virtual School's development of a state-of-the-art

2512 technology-based education delivery system that is cost-

2513 effective, educationally sound, marketable, and capable of

2514 sustaining a self-sufficient delivery system through the Florida

2515 Education Finance Program.

2516 (c) The board of trustees shall aggressively seek avenues

2517 to generate revenue to support its future endeavors, and shall

2518 enter into agreements with distance learning providers. The

2519 board of trustees may acquire, enjoy, use, and dispose of

2520 patents, copyrights, and trademarks and any licenses and other

2521 rights or interests thereunder or therein. Ownership of all such

2522 patents, copyrights, trademarks, licenses, and rights or

2523 interests thereunder or therein shall vest in the state, with

2524 the board of trustees having full right of use and full right to

2525 retain the revenues derived therefrom. Any funds realized from

2526 patents, copyrights, trademarks, or licenses shall be considered

2527 internal funds as provided in s. 1011.07. Such funds shall be

2528 used to support the school's marketing and research and

2529 development activities in order to improve courseware and

2530 services to its students.

2531 (d) The board of trustees shall be responsible for the

2532 administration and control of all local school funds derived

2533 from all activities or sources and shall prescribe the

2534 principles and procedures to be followed in administering these

2535 funds.

2536 (e) The Florida Virtual School may accrue supplemental

2537 revenue from supplemental support organizations, which include,

2538 but are not limited to, alumni associations, foundations,

2539 parent-teacher associations, and booster associations. The

2540 governing body of each supplemental support organization shall

2541 recommend the expenditure of moneys collected by the

2542 organization for the benefit of the school. Such expenditures

2543 shall be contingent upon the review of the executive director.

2544 The executive director may override any proposed expenditure of

2545 the organization that would violate Florida law or breach sound

2546 educational management.

2547 (f) In accordance with law and rules of the State Board of

2548 Education, the board of trustees shall administer and maintain

2549 personnel programs for all employees of the board of trustees

2550 and the Florida Virtual School. The board of trustees may adopt

2551 rules, policies, and procedures related to the appointment,

2552 employment, and removal of personnel.

2553 1. The board of trustees shall determine the compensation,

2554 including salaries and fringe benefits, and other conditions of

2555 employment for such personnel.

2556 2. The board of trustees may establish and maintain a

2557 personnel loan or exchange program by which persons employed by

2558 the board of trustees for the Florida Virtual School as academic

2559 administrative and instructional staff may be loaned to, or

2560 exchanged with persons employed in like capacities by, public

2561 agencies either within or without this state, or by private

2562 industry. With respect to public agency employees, the program

2563 authorized by this subparagraph shall be consistent with the

2564 requirements of part II of chapter 112. The salary and benefits

2565 of board of trustees personnel participating in the loan or

2566 exchange program shall be continued during the period of time

2567 they participate in a loan or exchange program, and such

2568 personnel shall be deemed to have no break in creditable or

2569 continuous service or employment during such time. The salary

2570 and benefits of persons participating in the personnel loan or

2571 exchange program who are employed by public agencies or private

2572 industry shall be paid by the originating employers of those

2573 participants, and such personnel shall be deemed to have no

2574 break in creditable or continuous service or employment during

2575 such time.

2576 3. The employment of all Florida Virtual School academic

2577 administrative and instructional personnel shall be subject to

2578 rejection for cause by the board of trustees, and shall be

2579 subject to policies of the board of trustees relative to

2580 certification, tenure, leaves of absence, sabbaticals,

2581 remuneration, and such other conditions of employment as the

2582 board of trustees deems necessary and proper, not inconsistent

2583 with law.

2584 4. Each person employed by the board of trustees in an

2585 academic administrative or instructional capacity with the

2586 Florida Virtual School shall be entitled to a contract as

2587 provided by rules of the board of trustees.

2588 5. All employees except temporary, seasonal, and student

2589 employees may be state employees for the purpose of being

2590 eligible to participate in the Florida Retirement System and

2591 receive benefits. The classification and pay plan, including

2592 terminal leave and other benefits, and any amendments thereto,

2593 shall be subject to review and approval by the Department of

2594 Management Services and the Executive Office of the Governor

2595 prior to adoption.

2596 (g) The board of trustees shall establish priorities for

2597 admission of students in accordance with paragraph (1)(b).

2598 (h) The board of trustees shall establish and distribute

2599 to all school districts and high schools in the state procedures

2600 for enrollment of students in courses offered by the Florida

2601 Virtual School.

2602 (i) The board of trustees shall establish criteria

2603 defining the elements of an approved franchise. The board of

2604 trustees may enter into franchise agreements with Florida

2605 district school boards and may establish the terms and

2606 conditions governing such agreements. The board of trustees

2607 shall establish the performance and accountability measures and

2608 report the performance of each school district franchise to the

2609 Commissioner of Education.

2610 (j) The board of trustees shall submit to the State Board

2611 of Education both forecasted and actual enrollments and credit

2612 completions for the Florida Virtual School, according to

2613 procedures established by the State Board of Education. At a

2614 minimum, such procedures must include the number of public,

2615 private, and home education students served by program and by

2616 county of residence.

2617 (k) The board of trustees shall provide for the content

2618 and custody of student and employee personnel records. Student

2619 records shall be subject to the provisions of s. 1002.22.

2620 Employee records shall be subject to the provisions of s.

2621 1012.31.

2622 (l) The financial records and accounts of the Florida

2623 Virtual School shall be maintained under the direction of the

2624 board of trustees and under rules adopted by the State Board of

2625 Education for the uniform system of financial records and

2626 accounts for the schools of the state.

2628 The Governor shall designate the initial chair of the board of

2629 trustees to serve a term of 4 years. Members of the board of

2630 trustees shall serve without compensation, but may be reimbursed

2631 for per diem and travel expenses pursuant to s. 112.061. The

2632 board of trustees shall be a body corporate with all the powers

2633 of a body corporate and such authority as is needed for the

2634 proper operation and improvement of the Florida Virtual School.

2635 The board of trustees is specifically authorized to adopt rules,

2636 policies, and procedures, consistent with law and rules of the

2637 State Board of Education related to governance, personnel,

2638 budget and finance, administration, programs, curriculum and

2639 instruction, travel and purchasing, technology, students,

2640 contracts and grants, and property as necessary for optimal,

2641 efficient operation of the Florida Virtual School. Tangible

2642 personal property owned by the board of trustees shall be

2643 subject to the provisions of chapter 273.

2644 Section 63. For the purpose of incorporating the amendment

2645 made by this act to section 768.28, Florida Statutes, in a

2646 reference thereto, paragraph (l) of subsection (3) of section

2647 1002.55, Florida Statutes, is reenacted to read:

2648 1002.55 School-year prekindergarten program delivered by

2649 private prekindergarten providers.—

2650 (3) To be eligible to deliver the prekindergarten program,

2651 a private prekindergarten provider must meet each of the

2652 following requirements:

2653 (l) Notwithstanding paragraph (j), for a private

2654 prekindergarten provider that is a state agency or a subdivision

2655 thereof, as defined in s. 768.28(2), the provider must agree to

2656 notify the coalition of any additional liability coverage

2657 maintained by the provider in addition to that otherwise

2658 established under s. 768.28. The provider shall indemnify the

2659 coalition to the extent permitted by s. 768.28. Notwithstanding

2660 paragraph (j), for a child development program that is

2661 accredited by a national accrediting body and operates on a

2662 military installation that is certified by the United States

2663 Department of Defense, the provider may demonstrate liability

2664 coverage by affirming that it is subject to the Federal Tort

2665 Claims Act, 28 U.S.C. ss. 2671 et seq.

2666 Section 64. For the purpose of incorporating the amendment

2667 made by this act to section 768.28, Florida Statutes, in a

2668 reference thereto, subsection (10) of section 1002.83, Florida

2669 Statutes, is reenacted to read:

2670 1002.83 Early learning coalitions.—

2671 (10) For purposes of tort liability, each member or

2672 employee of an early learning coalition shall be governed by s.

2673 768.28.

2674 Section 65. For the purpose of incorporating the amendment

2675 made by this act to section 768.28, Florida Statutes, in a

2676 reference thereto, paragraph (p) of subsection (1) of section

2677 1002.88, Florida Statutes, is reenacted to read:

2678 1002.88 School readiness program provider standards;

2679 eligibility to deliver the school readiness program.—

2680 (1) To be eligible to deliver the school readiness

2681 program, a school readiness program provider must:

2682 (p) Notwithstanding paragraph (m), for a provider that is

2683 a state agency or a subdivision thereof, as defined in s.

2684 768.28(2), agree to notify the coalition of any additional

2685 liability coverage maintained by the provider in addition to

2686 that otherwise established under s. 768.28. The provider shall

2687 indemnify the coalition to the extent permitted by s. 768.28.

2688 Notwithstanding paragraph (m), for a child development program

2689 that is accredited by a national accrediting body and operates

2690 on a military installation that is certified by the United

2691 States Department of Defense, the provider may demonstrate

2692 liability coverage by affirming that it is subject to the

2693 Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.

2694 Section 66. For the purpose of incorporating the amendment

2695 made by this act to section 768.28, Florida Statutes, in a

2696 reference thereto, subsection (1) of section 1006.24, Florida

2697 Statutes, is reenacted to read:

2698 1006.24 Tort liability; liability insurance.—

2699 (1) Each district school board shall be liable for tort

2700 claims arising out of any incident or occurrence involving a

2701 school bus or other motor vehicle owned, maintained, operated,

2702 or used by the district school board to transport persons, to

2703 the same extent and in the same manner as the state or any of

2704 its agencies or subdivisions is liable for tort claims under s.

2705 768.28, except that the total liability to persons being

2706 transported for all claims or judgments of such persons arising

2707 out of the same incident or occurrence shall not exceed an

2708 amount equal to $5,000 multiplied by the rated seating capacity

2709 of the school bus or other vehicle, as determined by rules of

2710 the State Board of Education, or $100,000, whichever is greater.

2711 The provisions of s. 768.28 apply to all claims or actions

2712 brought against district school boards, as authorized in this

2713 subsection.

2714 Section 67. For the purpose of incorporating the amendment

2715 made by this act to section 768.28, Florida Statutes, in a

2716 reference thereto, paragraph (b) of subsection (2) of section

2717 1006.261, Florida Statutes, is reenacted to read:

2718 1006.261 Use of school buses for public purposes.—

2719 (2)

2720 (b) For purposes of liability for negligence, state

2721 agencies or subdivisions as defined in s. 768.28(2) shall be

2722 covered by s. 768.28. Every other corporation or organization

2723 shall provide liability insurance coverage in the minimum

2724 amounts of $100,000 on any claim or judgment and $200,000 on all

2725 claims and judgments arising from the same incident or

2726 occurrence.

2727 Section 68. This act shall take effect October 1, 2026.