Bill Amendment: FL S0256 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Child Protection Teams
Status: 2019-05-03 - Died in Messages [S0256 Detail]
Download: Florida-2019-S0256-Senate_Committee_Amendment_407696.html
Bill Title: Child Protection Teams
Status: 2019-05-03 - Died in Messages [S0256 Detail]
Download: Florida-2019-S0256-Senate_Committee_Amendment_407696.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 256 Ì407696WÎ407696 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Rader) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 58 4 and insert: 5 Section 2. Effective October 1, 2020, subsection (5) of 6 section 768.28, Florida Statutes, is amended to read: 7 768.28 Waiver of sovereign immunity in tort actions; 8 recovery limits; limitation on attorney fees; statute of 9 limitations; exclusions; indemnification; risk management 10 programs.— 11 (5) The state and its agencies and subdivisions shall be 12 liable for tort claims in the same manner and to the same extent 13 as a private individual under like circumstances, but liability 14 shall not include punitive damages or interest for the period 15 before judgment. Neither the state nor its agencies or 16 subdivisions shall be liable to pay a claim or a judgment by any 17 one person which exceeds the sum of $300,000$200,000or any 18 claim or judgment, or portions thereof, which, when totaled with 19 all other claims or judgments paid by the state or its agencies 20 or subdivisions arising out of the same incident or occurrence, 21 exceeds the sum of $500,000$300,000. However, a judgment or 22 judgments may be claimed and rendered in excess of these amounts 23 and may be settled and paid pursuant to this act up to $300,000 24$200,000or $500,000$300,000, as the case may be; and that 25 portion of the judgment that exceeds these amounts may be 26 reported to the Legislature, but may be paid in part or in whole 27 only by further act of the Legislature. Notwithstanding the 28 limited waiver of sovereign immunity provided herein, the state 29 or an agency or subdivision thereof may agree, within the limits 30 of insurance coverage provided, to settle a claim made or a 31 judgment rendered against it without further action by the 32 Legislature, but the state or agency or subdivision thereof 33 shall not be deemed to have waived any defense of sovereign 34 immunity or to have increased the limits of its liability as a 35 result of its obtaining insurance coverage for tortious acts in 36 excess of the $300,000$200,000or $500,000$300,000waiver 37 provided above. The limitations of liability set forth in this 38 subsection shall apply to the state and its agencies and 39 subdivisions whether or not the state or its agencies or 40 subdivisions possessed sovereign immunity before July 1, 1974. 41 Section 2. The amendments to subsection (5) of section 42 768.28, Florida Statutes, in this act apply to claims arising on 43 or after October 1, 2020. 44 Section 3. Except as otherwise provided in this act, this 45 act shall take effect July 1, 2019. 46 47 ================= T I T L E A M E N D M E N T ================ 48 And the title is amended as follows: 49 Delete lines 2 - 8 50 and insert: 51 An act relating to sovereign immunity; amending s. 52 768.28, F.S.; revising the definition of the term 53 “officer, employee, or agent,” as it applies to 54 immunity from personal liability in certain actions, 55 to include any member of a child protection team 56 established by the Department of Health in certain 57 circumstances; modifying, as of a specified date, the 58 limitations of liability for tort claims or judgments; 59 providing applicability; providing effective dates.