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Reso 2024-3631
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Reso 2024-3631
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Last modified
2/22/2024 4:45:52 PM
Creation date
2/22/2024 10:45:41 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3631
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Oppostion to FL Senate Bill 472 & FL House Bill 569, relating to Sovereign Immunity.
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Florida Senate - 2024 CS for SB 472 <br />585-02597A-24 2024472cl <br />59 Section 2. Subsection (5), paragraphs (a) and (d) of <br />60 subsection (6), and subsection (14) of section 768.28, Florida <br />61 Statutes, are amended to read: <br />62 768.28 Waiver of sovereign immunity in tort actions; <br />63 recovery limits; civil liability for damages caused during a <br />64 riot; limitation on attorney fees; statute of limitations; <br />65 exclusions; indemnification; risk management programs. - <br />66 (5)(a) The state and its agencies and subdivisions shall be <br />67 liable for tort claims in the same manner and to the same extent <br />68 as a private individual under like circumstances, but liability <br />69 shall not include punitive damages or interest for the period <br />70 before judgment. Neither the state nor its agencies or <br />71 subdivisions shall be liable to pay a claim or a judgment by any <br />72 one person which exceeds the sum of $400,000 $2�a or any <br />73 claim or judgment, or portions thereof, which, when totaled with <br />74 all other claims or judgments paid by the state or its agencies <br />75 or subdivisions arising out of the same incident or occurrence, <br />76 exceeds the sum of $600,000 $3000. However, a judgment or <br />77 judgments may be claimed and rendered in excess of these amounts <br />78 and paid pursuant to this act up to $400,000 <br />79 or $600,000 , as the case may be; and that <br />80 portion of the judgment that exceeds these amounts may be <br />81 reported to the Legislature, and b-u� may be paid in part or in <br />82 whole ei-i� by further act of the Legislature. <br />83 (b) Notwithstanding the limited waiver of sovereign <br />84 immunity provided in paragraph (a): <br />85 1. heLceiny The state or an agency e: melivisien thereof <br />86 may agree, within the limits of insurance coverage provided, to <br />87 settle a claim made or a judgment rendered against it in excess <br />Page 3 of 8 <br />CODING: Words men are deletions; words underlined are additions. 355 <br />
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