Claims Against the Government

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1
An act relating to claims against the government; 2
amending s. 768.28, F.S.; increasing the statutory 3
limits on the liability of the state and its agencies 4
and subdivisions for tort claims; revising exceptions 5
relating to instituting actions on tort claims against 6
the state or one of its agencies or subdivisions; 7
revising the period after which the failure of certain 8
entities to make a final disposition of a claim shall 9
be deemed a final denial of the claim for certain 10
purposes; revising the statute of limitations for tort 11
claims against the state or one of its agencies or 12
subdivisions and exceptions thereto; deleting obsolete 13
language; making technical changes; providing 14
applicability; amending ss. 29.0081, 39.8297, 343.811, 15
and 944.713, F.S.; conforming cross references; 16
conforming provisions to changes made by the act; 17
reenacting ss. 45.061(5), 95.11(6)(f), 110.504(4), 18
111.071(1)(a), 125.01015(2)(b), 163.01(3)(h) and 19
(15)(k), 190.043, 213.015(13), 252.51, 252.89, 20
252.944, 260.0125(2), 284.31, 284.38, 322.13(1)(b), 21
337.19(1), 341.302(17), 343.811(3), 351.03(4)(c), 22
373.1395(6), 375.251(3)(a), 381.0056(9), 393.075(3), 23
394.9085(7), 395.1055(10)(g), 403.706(17)(c), 24
409.175(15)(b), 409.993(1), (2)(a), and (3)(a), 25

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420.504(8), 455.221(3), 455.32(5), 456.009(3), 26
456.076(15)(a), 471.038(3), 472.006(11)(b), 27
497.167(7), 513.118(2), 548.046(1), 556.106(8), 28
589.19(4)(e), 627.7491(3) and (4), 723.0611(2)(c), 29
760.11(5), 766.1115(4), 766.112(2), 768.1355(3), 30
768.1382(7), 768.295(4), 946.5026, 946.514(3), 31
961.06(8), 984.09(3), 1002.33(12)(h), 1002.333(6)(b), 32
1002.34(17), 1002.37(2), 1002.55(3)(l), 1002.83(10), 33
1002.88(1)(p), 1006.24(1), and 1006.261(2)(b), F.S., 34
relating to offers of settlement; limitations other 35
than for the recovery of real property; volunteer 36
benefits; payment of judgments or settlements against 37
certain public officers or employees; office of the 38
sheriff; the Florida Interlocal Cooperation Act of 39
1969; suits against community development districts; 40
taxpayer rights; liability; tort liability; tort 41
liability; limitation on liability of private 42
landowners whose property is designated as part of the 43
statewide system of greenways and trails; scope and 44
types of coverages; effect of waiver of sovereign 45
immunity; driver license examiners; suits by and 46
against the Department of Transportation; rail 47
program; power to assume indemnification and insurance 48
obligations; railroad-highway grade-crossing warning 49
signs and signals; limitation on liability of a water 50

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management district with respect to areas made 51
available to the public for recreational purposes 52
without charge; limitation on liability of persons 53
making available to the public certain areas for 54
recreational purposes without charge; school health 55
services program; general liability coverage; 56
behavioral provider liability; rules and enforcement; 57
local government solid waste responsibilities; 58
licensure of family foster homes, residential child-59
caring agencies, and child-placing agencies; lead 60
agencies and subcontractor liability; the Florida 61
Housing Finance Corporation; legal and investigative 62
services; the Management Privatization Act; legal and 63
investigative services; impaired practitioner 64
programs; the Florida Engineers Management 65
Corporation; the Department of Agriculture and 66
Consumer Services; administrative matters; conduct on 67
premises and refusal of service; physician's 68
attendance at match; liability of the member operator, 69
excavator, and system; creation of certain state 70
forests, naming of certain state forests, and the 71
Operation Outdoor Freedom Program; official law 72
enforcement vehicles and motor vehicle insurance 73
requirements; the Florida Mobile Home Relocation 74
Corporation; administrative and civil remedies and 75

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construction; health care providers and creation of 76
agency relationship with governmental contractors; 77
comparative fault; the Florida Volunteer Protection 78
Act; streetlights, security lights, and other similar 79
illumination and limitation on liability; Strategic 80
Lawsuits Against Public Participation (SLAPP) 81
prohibited; sovereign immunity in tort actions; 82
liability of corporation for inmate injuries; 83
compensation for wrongful incarceration; punishment 84
for contempt of court and alternative sanctions; 85
charter schools; persistently low-performing schools; 86
charter technical career centers; the Florida Virtual 87
School; school-year prekindergarten program delivered 88
by private prekindergarten providers; early learning 89
coalitions; school readiness program provider 90
standards and eligibility to deliver the school 91
readiness program; tort liability and liability 92
insurance; and use of school buses for public 93
purposes, respectively, to incorporate changes made to 94
s. 768.28, F.S., in references thereto; providing an 95
effective date. 96
97
Be It Enacted by the Legislature of the State of Florida: 98
99
Section 1. Section 768.28, Florida Statutes, is amended to 100

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read: 101
768.28 Waiver of sovereign immunity in tort actions; 102
recovery limits; civil liability for damages caused during a 103
riot; limitation on attorney fees; statute of limitations; 104
exclusions; indemnification; risk management programs.— 105
(1) In accordance with s. 13, Art. X of the State 106
Constitution, the state, for itself and for its agencies or 107
subdivisions, hereby waives sovereign immunity for liability for 108
torts, but only to the extent specified in this section act. 109
Actions at law against the state or any of its agencies or 110
subdivisions to recover damages in tort for money damages 111
against the state or its agencies or subdivisions for injury or 112
loss of property, personal injury, or death caused by the 113
negligent or wrongful act or omission of any employee of the 114
agency or subdivision while acting within the scope of the 115
employee's office or employment under circumstances in which the 116
state or such agency or subdivision, if a private person, would 117
be liable to the claimant, in accordance with the general laws 118
of this state, may be prosecuted subject to the limitations 119
specified in this section act. Any authorized such action may be 120
brought in the county where the property in litigation is 121
located or, if the affected agency or subdivision has an office 122
in the such county for the transaction of its customary 123
business, where the cause of action accrued. However, an any 124
such action against a state university board of trustees must 125

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shall be brought in the county in which that university's main 126
campus is located or in the county in which the cause of action 127
accrued if the university maintains therein a substantial 128
presence for the transaction of its customary business in that 129
county. 130
(2) As used in this act, "state agencies or subdivisions" 131
include the executive departments, the Legislature, the judicial 132
branch (including public defenders), and the independent 133
establishments of the state, including state university boards 134
of trustees; counties and municipalities; and corporations 135
primarily acting as instrumentalities or agencies of the state, 136
counties, or municipalities, including the Florida Space 137
Authority. 138
(3) Except for a municipality and the Florida Space 139
Authority, the affected agency or subdivision may, at its 140
discretion, request the assistance of the Department of 141
Financial Services in the consideration, adjustment, and 142
settlement of any claim under this section act. 143
(4) Subject to the provisions of this section, any state 144
agency or subdivision may shall have the right to appeal any 145
award, compromise, settlement, or determination to the court of 146
appropriate jurisdiction. 147
(5)(a) The state and its agencies and subdivisions are 148
shall be liable for tort claims in the same manner and to the 149
same extent as a private individual under like circumstances, 150

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but liability may shall not include punitive damages or interest 151
for the period before judgment. Neither The state and nor its 152
agencies or subdivisions are not shall be liable to pay a claim 153
or a judgment by any one person which exceeds the sum of 154
$350,000 $200,000 or any claim or judgment, or portions of a 155
claim or judgment thereof, which, when totaled with all other 156
claims or judgments paid by the state or its agencies or 157
subdivisions arising out of the same incident or occurrence, 158
exceeds the sum of $500,000 $300,000. However, a judgment or 159
judgments may be claimed and rendered in excess of these amounts 160
and may be settled and paid pursuant to this section act up to 161
$350,000 $200,000 or $500,000. Any $300,000, as the case may be; 162
and that portion of the judgment that exceeds these amounts may 163
be reported to the Legislature, but may be paid in part or in 164
whole only by further act of the Legislature. 165
(b) Notwithstanding the limited waiver of sovereign 166
immunity in paragraph (a) provided herein, the state or an 167
agency or subdivision of the state thereof may agree, within the 168
limits of insurance coverage provided, to settle a claim made or 169
a judgment rendered against it without further action by the 170
Legislature, but the state or agency or subdivision of the state 171
may thereof shall not be deemed to have waived any defense of 172
sovereign immunity or to have increased the limits of its 173
liability as a result of its obtaining insurance coverage for 174
tortious acts in excess of the $350,000 $200,000 or $500,000 175

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$300,000 waiver in paragraph (a) provided above. 176
(c) The limitations of liability set forth in this 177
subsection shall apply to the state and its agencies and 178
subdivisions whether or not the state or its agencies or 179
subdivisions possessed sovereign immunity before July 1, 1974. 180
(d)(b) A municipality has a duty to allow the municipal 181
law enforcement agency to respond appropriately to protect 182
persons and property during a riot or an unlawful assembly based 183
on the availability of adequate equipment to its municipal law 184
enforcement officers and relevant state and federal laws. If the 185
governing body of a municipality or a person authorized by the 186
governing body of the municipality breaches that duty, the 187
municipality is civilly liable for any damages, including 188
damages arising from personal injury, wrongful death, or 189
property damages proximately caused by the municipality's breach 190
of duty. The sovereign immunity recovery limits in paragraph (a) 191
do not apply to an action under this paragraph. 192
(6)(a) An action may not be instituted on a claim against 193
the state or one of its agencies or subdivisions unless the 194
claimant presents the claim in writing to the appropriate 195
agency, and also, except as to any claim against a municipality, 196
county, or the Florida Space Authority, presents the such claim 197
in writing to the Department of Financial Services, within 18 198
months 3 years after the such claim accrues and the Department 199
of Financial Services or the appropriate agency denies the claim 200

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in writing; except that, if: 201
1. The Such claim is for contribution pursuant to s. 202
768.31, it must be so presented within 6 months after the 203
judgment against the tortfeasor seeking contribution has become 204
final by lapse of time for appeal or after appellate review or, 205
if there is no final such judgment, within 6 months after the 206
tortfeasor seeking contribution has either discharged the common 207
liability by payment or agreed, while the action is pending 208
against her or him, to discharge the common liability; or 209
2. The Such action arises from a violation of s. 794.011 210
involving a victim who was younger than 16 years of age at the 211
time of the act, the claimant may present the claim in writing 212
at any time. This subparagraph applies to any action other than 213
an action that would have been time barred on or before October 214
1, 2026 is for wrongful death, the claimant must present the 215
claim in writing to the Department of Financial Services within 216
2 years after the claim accrues. 217
(b) For purposes of this section, the requirements of 218
notice to the agency and denial of the claim pursuant to 219
paragraph (a) are conditions precedent to maintaining an action 220
but may shall not be deemed to be elements of the cause of 221
action and do shall not affect the date on which the cause of 222
action accrues. 223
(c) The claimant shall also provide to the agency the 224
claimant's date and place of birth and social security number if 225

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the claimant is an individual, or a federal identification 226
number if the claimant is not an individual. The claimant shall 227
also state the case style, tribunal, the nature and amount of 228
all adjudicated penalties, fines, fees, victim restitution fund, 229
and other judgments in excess of $200, whether imposed by a 230
civil, criminal, or administrative tribunal, owed by the 231
claimant to the state, its agency, officer or subdivision. If 232
there exists no prior adjudicated unpaid claim in excess of 233
$200, the claimant shall so state. 234
(d) For purposes of this section, complete, accurate, and 235
timely compliance with the requirements of paragraph (c) must 236
shall occur before prior to settlement payment, close of 237
discovery, or commencement of trial, whichever is earlier 238
sooner; provided the ability to plead setoff is not precluded by 239
the delay. This setoff applies shall apply only against that 240
part of the settlement or judgment payable to the claimant, 241
minus claimant's reasonable attorney attorney's fees and costs. 242
Incomplete or inaccurate disclosure of unpaid adjudicated claims 243
due the state, or, its agency, officer, or subdivision, may be 244
excused by the court upon a showing by the preponderance of the 245
evidence of the claimant's lack of knowledge of an adjudicated 246
claim and reasonable inquiry by, or on behalf of, the claimant 247
to obtain the information from public records. Unless the 248
appropriate agency had actual notice of the information required 249
to be disclosed by paragraph (c) in time to assert a setoff, an 250

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unexcused failure to disclose shall, upon hearing and order of 251
court, cause the claimant to be liable for double the original 252
undisclosed judgment and, upon further motion, the court shall 253
enter judgment for the agency in that amount. Except as provided 254
otherwise in this subsection, the failure of the Department of 255
Financial Services or the appropriate agency to make final 256
disposition of a claim within 4 6 months after it is filed shall 257
be deemed a final denial of the claim for purposes of this 258
section. For purposes of this subsection, in medical malpractice 259
actions and in wrongful death actions, the failure of the 260
Department of Financial Services or the appropriate agency to 261
make final disposition of a claim within 90 days after it is 262
filed shall be deemed a final denial of the claim. The statute 263
of limitations for medical malpractice actions and wrongful 264
death actions is tolled as to all prospective defendants for the 265
period of time taken by the Department of Financial Services or 266
the appropriate agency to deny the claim. The provisions of This 267
subsection does do not apply to such claims that as may be 268
asserted by counterclaim pursuant to s. 768.14. 269
(7) In actions brought pursuant to this section, process 270
must shall be served upon the head of the agency concerned and 271
also, except as to a defendant municipality, county, or the 272
Florida Space Authority, upon the Department of Financial 273
Services.; and The department or the agency served has concerned 274
shall have 30 days within which to file responsive pleadings 275

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plead thereto. 276
(8) An No attorney may not charge, demand, receive, or 277
collect, for services rendered, fees in excess of 25 percent of 278
any funds recovered as a result of judgment or settlement. 279
(9)(a) An officer, employee, or agent of the state or of 280
any of its subdivisions may not be held personally liable in 281
tort or named as a party defendant in any action for any injury 282
or damage suffered as a result of any act, event, or omission of 283
action in the scope of her or his employment or function, unless 284
the such officer, employee, or agent acted in bad faith or with 285
malicious purpose or in a manner exhibiting wanton and willful 286
disregard of human rights, safety, or property. However, the 287
such officer, employee, or agent shall be considered an adverse 288
witness in a tort action for any injury or damage suffered as a 289
result of any act, event, or omission of action in the scope of 290
her or his employment or function. The exclusive remedy for 291
injury or damage suffered as a result of an act, event, or 292
omission of an officer, employee, or agent of the state or any 293
of its subdivisions or constitutional officers is by action 294
against the governmental entity, or the head of such entity in 295
her or his official capacity, or the constitutional officer of 296
which the officer, employee, or agent is an employee, unless the 297
such act or omission was committed in bad faith or with 298
malicious purpose or in a manner exhibiting wanton and willful 299
disregard of human rights, safety, or property. The state or its 300

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subdivisions are not liable in tort for the acts or omissions of 301
an officer, employee, or agent committed while acting outside 302
the course and scope of her or his employment or committed in 303
bad faith or with malicious purpose or in a manner exhibiting 304
wanton and willful disregard of human rights, safety, or 305
property. 306
(b) As used in this subsection, the term: 307
1. "Employee" includes any volunteer firefighter. 308
2. "Officer, employee, or agent" includes, but is not 309
limited to, any health care provider when providing services 310
pursuant to s. 766.1115; any nonprofit independent college or 311
university located and chartered in this state which owns or 312
operates an accredited medical school, and its employees or 313
agents, when providing patient services pursuant to paragraph 314
(10)(f); any public defender or her or his employee or agent, 315
including an assistant public defender or an investigator; and 316
any member of a Child Protection Team, as defined in s. 39.01, 317
or any member of a threat management team, as described in s. 318
1006.07(7), when carrying out her or his duties as a team member 319
under the control, direction, and supervision of the state or 320
any of its agencies or subdivisions. 321
(c) For purposes of the waiver of sovereign immunity only, 322
a member of the Florida National Guard is not acting within the 323
scope of state employment when performing duty under the 324
provisions of Title 10 or Title 32 of the United States Code or 325

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other applicable federal law; and neither the state or nor any 326
individual may not be named in any action under this chapter 327
arising from the performance of such federal duty. 328
(d) The employing agency of a law enforcement officer as 329
defined in s. 943.10 is not liable for injury, death, or 330
property damage effected or caused by a person fleeing from a 331
law enforcement officer in a motor vehicle if: 332
1. The pursuit is conducted in a manner that does not 333
involve conduct by the officer which is so reckless or wanting 334
in care as to constitute disregard of human life, human rights, 335
safety, or the property of another; 336
2. At the time the law enforcement officer initiates the 337
pursuit, the officer reasonably believes that the person fleeing 338
has committed a forcible felony as defined in s. 776.08; and 339
3. The pursuit is conducted by the officer pursuant to a 340
written policy governing high-speed pursuit adopted by the 341
employing agency. The policy must contain specific procedures 342
concerning the proper method to initiate and terminate high-343
speed pursuit. The law enforcement officer must have received 344
instructional training from the employing agency on the written 345
policy governing high-speed pursuit. 346
(10)(a) Health care providers or vendors, or any of their 347
employees or agents, that have contractually agreed to act as 348
agents of the Department of Corrections to provide health care 349
services to inmates of the state correctional system shall be 350

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considered agents of the State of Florida, Department of 351
Corrections, for the purposes of this section, while acting 352
within the scope of and pursuant to guidelines established in 353
their contracts said contract or by rule. The contracts must 354
shall provide for the indemnification of the state by the agent 355
for any liabilities incurred up to the limits set out in this 356
chapter. 357
(b) This subsection may shall not be construed as 358
designating persons providing contracted health care services to 359
inmates as employees or agents of the state for the purposes of 360
chapter 440. 361
(c) For purposes of this section, regional poison control 362
centers created in accordance with s. 395.1027 and coordinated 363
and supervised under the Division of Children's Medical Services 364
Prevention and Intervention of the Department of Health, or any 365
of their employees or agents, shall be considered agents of the 366
State of Florida, Department of Health. Any contracts with 367
poison control centers must provide, to the extent permitted by 368
law, for the indemnification of the state by the agency for any 369
liabilities incurred up to the limits set out in this chapter. 370
(d) For the purposes of this section, operators, 371
dispatchers, and providers of security for rail services and 372
rail facility maintenance providers in the South Florida Rail 373
Corridor, or any of their employees or agents, performing such 374
services under contract with and on behalf of the South Florida 375

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Regional Transportation Authority or the Department of 376
Transportation shall be considered agents of the state while 377
acting within the scope of and pursuant to guidelines 378
established in their contracts said contract or by rule. 379
(e) For purposes of this section, a professional firm that 380
provides monitoring and inspection services of the work required 381
for state roadway, bridge, or other transportation facility 382
construction projects, or any employee of a firm performing 383
those such services, is considered an agent of the Department of 384
Transportation while acting within the scope of the firm's 385
contract with the Department of Transportation to ensure that 386
the project is constructed in conformity with the project's 387
plans, specifications, and contract provisions. This paragraph 388
applies to a professional firm that is in direct contract with 389
the Department of Transportation, as well as any professional 390
firm providing monitoring and inspection services as a 391
consultant to the professional firm that is in direct contract 392
with the Department of Transportation. Any contract with a 393
professional firm must, to the extent permitted by law, provide 394
for the indemnification of the Department of Transportation for 395
any liability, including reasonable attorney fees, incurred up 396
to the limits set out in this chapter to the extent caused by 397
the negligence of the firm or its employees. This paragraph may 398
not be construed as designating persons who provide monitoring 399
and inspection services as employees or agents of the state for 400

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purposes of chapter 440. This paragraph is not applicable to the 401
professional firm or its employees if involved in an accident 402
while operating a motor vehicle. This paragraph is not 403
applicable to a firm engaged by the Department of Transportation 404
for the design or construction of a state roadway, bridge, or 405
other transportation facility construction project or to its 406
employees, agents, or subcontractors. 407
(f) For purposes of this section, any nonprofit 408
independent college or university located and chartered in this 409
state which owns or operates an accredited medical school, or 410
any of its employees or agents, and which has agreed in an 411
affiliation agreement or other contract to provide, or permit 412
its employees or agents to provide, patient services as agents 413
of a teaching hospital, is considered an agent of the teaching 414
hospital while acting within the scope of and pursuant to 415
guidelines established in the affiliation agreement or other 416
contract. To the extent allowed by law, the contract must 417
provide for the indemnification of the teaching hospital, up to 418
the limits set out in this chapter, by the agent for any 419
liability incurred which was caused by the negligence of the 420
college or university or its employees or agents. The contract 421
must also provide that those limited portions of the college, 422
university, or medical school which are directly providing 423
services pursuant to the contract and which are considered an 424
agent of the teaching hospital for purposes of this section are 425

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deemed to be acting on behalf of a public agency as defined in 426
s. 119.011(2). 427
1. For purposes of this paragraph, the term: 428
a. "Employee or agent" means an officer, employee, agent, 429
or servant of a nonprofit independent college or university 430
located and chartered in this state which owns or operates an 431
accredited medical school, including, but not limited to, the 432
faculty of the medical school, any health care practitioner or 433
licensee as defined in s. 456.001 for which the college or 434
university is vicariously liable, and the staff or 435
administrators of the medical school. 436
b. "Patient services" means: 437
(I) Comprehensive health care services as defined in s. 438
641.19, including any related administrative service, provided 439
to patients in a teaching hospital; 440
(II) Training and supervision of interns, residents, and 441
fellows providing patient services in a teaching hospital; or 442
(III) Training and supervision of medical students in a 443
teaching hospital. 444
c. "Teaching hospital" means a teaching hospital as 445
defined in s. 408.07 which is owned or operated by the state, a 446
county or municipality, a public health trust, a special taxing 447
district, a governmental entity having health care 448
responsibilities, or a not-for-profit entity that operates such 449
facility as an agent of the state, or a political subdivision of 450

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the state, under a lease or other contract. 451
2. The teaching hospital or the medical school, or its 452
employees or agents, must provide notice to each patient, or the 453
patient's legal representative, that the college or university 454
that owns or operates the medical school and the employees or 455
agents of that college or university are acting as agents of the 456
teaching hospital and that the exclusive remedy for injury or 457
damage suffered as the result of any act or omission of the 458
teaching hospital, the college or university that owns or 459
operates the medical school, or the employees or agents of the 460
college or university, while acting within the scope of duties 461
pursuant to the affiliation agreement or other contract with a 462
teaching hospital, is by commencement of an action pursuant to 463
the provisions of this section. This notice requirement may be 464
met by posting the notice in a place conspicuous to all persons. 465
3. This paragraph does not designate any employee 466
providing contracted patient services in a teaching hospital as 467
an employee or agent of the state for purposes of chapter 440. 468
(g) For the purposes of this section, the executive 469
director of the Board of Nursing, when serving as the state 470
administrator of the Nurse Licensure Compact pursuant to s. 471
464.0095, and any administrator, officer, executive director, 472
employee, or representative of the Interstate Commission of 473
Nurse Licensure Compact Administrators, when acting within the 474
scope of their employment, duties, or responsibilities in this 475

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state, are considered agents of the state. The commission shall 476
pay any claims or judgments pursuant to this section and may 477
maintain insurance coverage to pay any such claims or judgments. 478
(h) For purposes of this section, the individual appointed 479
under s. 491.004(8) as the state's delegate on the Counseling 480
Compact Commission, when serving in that capacity pursuant to s. 481
491.017, and any administrator, officer, executive director, 482
employee, or representative of the commission, when acting 483
within the scope of his or her employment, duties, or 484
responsibilities in this state, is considered an agent of the 485
state. The commission shall pay any claims or judgments pursuant 486
to this section and may maintain insurance coverage to pay those 487
any such claims or judgments. 488
(i) For purposes of this section, the individual appointed 489
under s. 490.004(7) as the state's commissioner on the 490
Psychology Interjurisdictional Compact Commission, when serving 491
in that capacity pursuant to s. 490.0075, and any administrator, 492
officer, executive director, employee, or representative of the 493
Psychology Interjurisdictional Compact Commission, when acting 494
within the scope of his or her employment, duties, or 495
responsibilities in this state, is considered an agent of the 496
state. The commission shall pay any claims or judgments pursuant 497
to this section and may maintain insurance coverage to pay those 498
any such claims or judgments. 499
(j) For purposes of this section, the representative 500

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appointed from the Board of Medicine and the representative 501
appointed from the Board of Osteopathic Medicine, when serving 502
as commissioners of the Interstate Medical Licensure Compact 503
Commission pursuant to s. 456.4501, and any administrator, 504
officer, executive director, employee, or representative of the 505
Interstate Medical Licensure Compact Commission, when acting 506
within the scope of their employment, duties, or 507
responsibilities in this state, are considered agents of the 508
state. The commission shall pay any claims or judgments pursuant 509
to this section and may maintain insurance coverage to pay those 510
any such claims or judgments. 511
(k) For purposes of this section, the individuals 512
appointed under s. 468.1135(4) as the state's delegates on the 513
Audiology and Speech-Language Pathology Interstate Compact 514
Commission, when serving in that capacity pursuant to s. 515
468.1335, and any administrator, officer, executive director, 516
employee, or representative of the commission, when acting 517
within the scope of his or her employment, duties, or 518
responsibilities in this state, is considered an agent of the 519
state. The commission shall pay any claims or judgments pursuant 520
to this section and may maintain insurance coverage to pay those 521
any such claims or judgments. 522
(l) For purposes of this section, the individual appointed 523
under s. 486.023(5) as the state's delegate on the Physical 524
Therapy Compact Commission, when serving in that capacity 525

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pursuant to s. 486.112, and any administrator, officer, 526
executive director, employee, or representative of the Physical 527
Therapy Compact Commission, when acting within the scope of his 528
or her employment, duties, or responsibilities in this state, is 529
considered an agent of the state. The commission shall pay any 530
claims or judgments pursuant to this section and may maintain 531
insurance coverage to pay those any such claims or judgments. 532
(11)(a) Providers or vendors, or any of their employees or 533
agents, that have contractually agreed to act on behalf of the 534
state as agents of the Department of Juvenile Justice to provide 535
services to children in need of services, families in need of 536
services, or juvenile offenders are, solely with respect to such 537
services, agents of the state for purposes of this section while 538
acting within the scope of and pursuant to guidelines 539
established in the contract or by rule. A contract must provide 540
for the indemnification of the state by the agent for any 541
liabilities incurred up to the limits set out in this chapter. 542
(b) This subsection does not designate a person who 543
provides contracted services to juvenile offenders as an 544
employee or agent of the state for purposes of chapter 440. 545
(12)(a) A health care practitioner, as defined in s. 546
456.001(4), who has contractually agreed to act as an agent of a 547
state university board of trustees to provide medical services 548
to a student athlete for participation in or as a result of 549
intercollegiate athletics, to include team practices, training, 550

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and competitions, shall be considered an agent of the respective 551
state university board of trustees, for the purposes of this 552
section, while acting within the scope of and pursuant to 553
guidelines established in that contract. The contracts must 554
shall provide for the indemnification of the state by the agent 555
for any liabilities incurred up to the limits set out in this 556
chapter. 557
(b) This subsection may shall not be construed as 558
designating persons providing contracted health care services to 559
athletes as employees or agents of a state university board of 560
trustees for the purposes of chapter 440. 561
(13) Laws allowing the state or its agencies or 562
subdivisions to buy insurance are still in force and effect and 563
are not restricted in any way by the terms of this section act. 564
(14) A Every claim against the state or one of its 565
agencies or subdivisions for damages for a negligent or wrongful 566
act or omission pursuant to this section is shall be forever 567
barred unless the civil action is commenced by filing a 568
complaint in the court of appropriate jurisdiction: 569
(a) Within 2 years for an action founded on negligence. 570
(b) Within the limitations provided in s. 768.31(4) for an 571
action for contribution. 572
(c) Within the limitations provided in s. 95.11(5) for an 573
action for damages arising from medical malpractice or wrongful 574
death. 575

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(d) At any time for an action arising from an act 576
constituting a violation of s. 794.011 involving a victim who 577
was under the age of 16 years at the time of the act. This 578
paragraph applies to any such action other than an action that 579
would have been time barred on or before October 1, 2026. 580
(e) Within 4 years for any other action not specified in 581
this subsection 4 years after the such claim accrues; except 582
that an action for contribution must be commenced within the 583
limitations provided in s. 768.31(4), and an action for damages 584
arising from medical malpractice or wrongful death must be 585
commenced within the limitations for such actions in s. 586
95.11(5). 587
(15) An No action may not be brought against the state or 588
any of its agencies or subdivisions by anyone who unlawfully 589
participates in a riot, unlawful assembly, public demonstration, 590
mob violence, or civil disobedience if the claim arises out of 591
the such riot, unlawful assembly, public demonstration, mob 592
violence, or civil disobedience. Nothing in This subsection does 593
not act shall abridge traditional immunities pertaining to 594
statements made in court. 595
(16)(a) The state and its agencies and subdivisions are 596
authorized to be self-insured, to enter into risk management 597
programs, or to purchase liability insurance for whatever 598
coverage they may choose, or to have any combination thereof, in 599
anticipation of any claim, judgment, and claims bill that which 600

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they may be liable to pay pursuant to this section. Agencies or 601
subdivisions, and sheriffs, that are subject to homogeneous 602
risks may purchase insurance jointly or may join together as 603
self-insurers to provide other means of protection against tort 604
claims, any charter provisions or laws to the contrary 605
notwithstanding. 606
(b) Claims files maintained by any risk management program 607
administered by the state, its agencies, and its subdivisions 608
are confidential and exempt from the provisions of s. 119.07(1) 609
and s. 24(a), Art. I of the State Constitution until termination 610
of all litigation and settlement of all claims arising out of 611
the same incident, although portions of the claims files may 612
remain exempt, as otherwise provided by law. Claims files 613
records may be released to other governmental agencies upon 614
written request and demonstration of need. Any; such records 615
held by the receiving agency remain confidential and exempt as 616
provided for in this paragraph. 617
(c) Portions of meetings and proceedings conducted 618
pursuant to any risk management program administered by the 619
state, its agencies, or its subdivisions, which relate solely to 620
the evaluation of claims filed with the risk management program 621
or which relate solely to offers of compromise of claims filed 622
with the risk management program are exempt from the provisions 623
of s. 286.011 and s. 24(b), Art. I of the State Constitution. 624
Until termination of all litigation and settlement of all claims 625

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arising out of the same incident, persons privy to discussions 626
pertinent to the evaluation of a filed claim are shall not be 627
subject to subpoena in any administrative or civil proceeding 628
with regard to the content of those discussions. 629
(d) Minutes of the meetings and proceedings of any risk 630
management program administered by the state, its agencies, or 631
its subdivisions, which relate solely to the evaluation of 632
claims filed with the risk management program or which relate 633
solely to offers of compromise of claims filed with the risk 634
management program are exempt from the provisions of s. 635
119.07(1) and s. 24(a), Art. I of the State Constitution until 636
termination of all litigation and settlement of all claims 637
arising out of the same incident. 638
(17) This section, as amended by chapter 81-317, Laws of 639
Florida, shall apply only to causes of actions which accrue on 640
or after October 1, 1981. 641
(18) A No provision of this section, or of any other 642
section of the Florida Statutes, whether read separately or in 643
conjunction with any other provision, may not shall be construed 644
to waive the immunity of the state or any of its agencies from 645
suit in federal court, as that such immunity is guaranteed by 646
the Eleventh Amendment to the Constitution of the United States, 647
unless the such waiver is explicitly and definitely stated to be 648
a waiver of the immunity of the state and its agencies from suit 649
in federal court. This subsection may shall not be construed to 650

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mean that the state has at any time previously waived, by 651
implication, its immunity, or that of any of its agencies, from 652
suit in federal court through any statute in existence before 653
prior to June 24, 1984. 654
(18)(19) Neither The state or an nor any agency or 655
subdivision of the state does not waive waives any defense of 656
sovereign immunity, or increase increases the limits of its 657
liability, upon entering into a contract contractual 658
relationship with another agency or subdivision of the state. 659
The Such a contract may must not contain any provision that 660
requires one party to indemnify or insure the other party for 661
the other party's negligence or to assume any liability for the 662
other party's negligence. This does not preclude a party from 663
requiring a nongovernmental entity to provide such 664
indemnification or insurance. The restrictions of this 665
subsection do not prohibit prevent a regional water supply 666
authority from indemnifying and assuming the liabilities of its 667
member governments for obligations arising from past acts or 668
omissions at or with property acquired from a member government 669
by the authority and arising from the acts or omissions of the 670
authority in performing activities contemplated by an interlocal 671
agreement. The Such indemnification may not be considered to 672
increase or otherwise waive the limits of liability to third-673
party claimants established by this section. 674
(19)(20) Every municipality, and any of its agencies 675

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agency thereof, may is authorized to undertake to indemnify 676
those employees who that are exposed to personal liability 677
pursuant to the Clean Air Act Amendments of 1990, 42 U.S.C.A. 678
ss. 7401 et seq., and all rules and regulations adopted to 679
implement that act, for acts performed within the course and 680
scope of their employment with the municipality or its agency, 681
including, but not limited to, indemnification pertaining to the 682
holding, transfer, or disposition of allowances allocated to the 683
municipality's or its agency's electric generating units, and 684
the monitoring, submission, certification, and compliance with 685
permits, permit applications, records, compliance plans, and 686
reports for those units, when those such acts are performed 687
within the course and scope of their employment with the 688
municipality or its agency. The authority to indemnify under 689
this section covers every act by an employee which is when such 690
act is performed within the course and scope of her or his 691
employment with the municipality or its agency, but does not 692
cover any act of willful misconduct or any intentional or 693
knowing violation of any law by the employee. The authority to 694
indemnify under this section includes, but is not limited to, 695
the authority to pay any fine and provide legal representation 696
in any action. 697
Section 2. This act applies to causes of action that 698
accrue on or after October 1, 2026. 699
Section 3. Paragraph (b) of subsection (2) of section 700

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29.0081, Florida Statutes, is amended to read: 701
29.0081 County funding of additional court personnel.— 702
(2) The agreement shall, at a minimum, provide that: 703
(b) The personnel whose employment is funded under the 704
agreement are hired, supervised, managed, and fired by personnel 705
of the judicial circuit. The county shall be considered the 706
employer for purposes of s. 440.10 and chapter 443. Employees 707
funded by the county under this section and other county 708
employees may be aggregated for purposes of a flexible benefits 709
plan pursuant to s. 125 of the Internal Revenue Code of 1986. 710
The judicial circuit shall supervise the personnel whose 711
employment is funded under the agreement; be responsible for 712
compliance with all requirements of federal and state employment 713
laws, including, but not limited to, Title VII of the Civil 714
Rights Act of 1964, Title I of the Americans with Disabilities 715
Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair 716
Labor Standards Act, chapters 447 and 760, and ss. 112.3187, 717
440.105, and 440.205; and fully indemnify the county from any 718
liability under such laws, as authorized by s. 768.28(18) s. 719
768.28(19), to the extent such liability is the result of the 720
acts or omissions of the judicial circuit or its agents or 721
employees. 722
Section 4. Paragraph (b) of subsection (2) of section 723
39.8297, Florida Statutes, is amended to read: 724
39.8297 County funding for guardian ad litem employees.— 725

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(2) The agreement, at a minimum, must provide that: 726
(b) The persons who are employed will be hired, 727
supervised, managed, and terminated by the executive director of 728
the Statewide Guardian ad Litem Office. The statewide office is 729
responsible for compliance with all requirements of federal and 730
state employment laws, and shall fully indemnify the county from 731
any liability under such laws, as authorized by s. 768.28(18) s. 732
768.28(19), to the extent such liability is the result of the 733
acts or omissions of the Statewide Guardian ad Litem Office or 734
its agents or employees. 735
Section 5. Paragraph (a) of subsection (3) of section 736
343.811, Florida Statutes, is amended to read: 737
343.811 Power to assume indemnification and insurance 738
obligations.— 739
(3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In 740
conjunction with the development or operation of a commuter rail 741
service on the Coastal Link corridor, an agency may: 742
(a) Assume obligations pursuant to the following: 743
1.a. The agency may assume the obligation by contract to 744
protect, defend, indemnify, and hold harmless FECR and its 745
officers, agents, and employees from and against: 746
(I) Any liability, cost, and expense, including, but not 747
limited to, the agency's passengers and other rail corridor 748
invitees in, on, or about the Coastal Link corridor, regardless 749
of whether the loss, damage, destruction, injury, or death 750

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giving rise to any such liability, cost, or expense is caused in 751
whole or in part, and to whatever nature or degree, by the 752
fault, failure, negligence, misconduct, nonfeasance, or 753
misfeasance of such freight rail operator, its successors, or 754
its officers, agents, and employees, or any other person or 755
persons whomsoever. 756
(II) Any loss, injury, or damage incurred by other rail 757
corridor invitees up to the amount of the self-insurance 758
retention amount with respect to limited covered accidents 759
caused by the agency. 760
b. The agency may assume the obligation by contract to 761
protect, defend, indemnify, and hold harmless Brightline and its 762
officers, agents, and employees from and against: 763
(I) Any liability, cost, and expense, including, but not 764
limited to, the agency's passengers and rail corridor invitees 765
in the Coastal Link corridor, regardless of whether the loss, 766
damage, destruction, injury, or death giving rise to any such 767
liability, cost, or expense is caused in whole or in part, and 768
to whatever nature or degree, by the fault, failure, negligence, 769
misconduct, nonfeasance, or misfeasance of Brightline, its 770
successors, or its officers, agents, and employees, or any other 771
person or persons whomsoever. 772
(II) Any loss, injury, or damage incurred by other rail 773
corridor invitees up to the amount of the self-insurance 774
retention amount with respect to limited covered accidents 775

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caused by the agency. 776
2. The assumption of liability of the agency by contract 777
pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may 778
not in any instance exceed the following parameters of 779
allocation of risk: 780
a. The agency may be solely responsible for any loss, 781
injury, or damage to the agency's passengers, or rail corridor 782
invitees, third parties, or trespassers, regardless of 783
circumstances or cause, subject to sub-subparagraph b. and 784
subparagraphs 3., 4., and 5. 785
b.(I) In the event of a limited covered accident caused by 786
FECR, the authority of an agency to protect, defend, and 787
indemnify FECR for all liability, cost, and expense, including 788
punitive or exemplary damages, in excess of the self-insurance 789
retention amount exists only if FECR agrees, with respect to 790
such limited covered accident caused by FECR, to protect, 791
defend, and indemnify the agency for the amount of the self-792
insurance retention amount. 793
(II) In the event of a limited covered accident caused by 794
Brightline, the authority of an agency to protect, defend, and 795
indemnify Brightline for all liability, cost, and expense, 796
including punitive or exemplary damages, in excess of the self-797
insurance retention amount exists only if Brightline agrees, 798
with respect to such limited covered accident, to protect, 799
defend, and indemnify the agency for the amount of the self-800

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insurance retention amount. 801
3. When only one train is involved in an incident and: 802
a. The train is an agency's train, including an incident 803
with trespassers or at-grade crossings, the agency may be solely 804
responsible for any loss, injury, or damage. 805
b. The train is FECR's train, including an incident with 806
trespassers or at-grade crossings, FECR is solely responsible 807
for any loss, injury, or damage, except for the agency's 808
passengers and other rail corridor invitees, which are the 809
responsibility of the agency, and Brightline's passengers and 810
other rail corridor invitees, which are the responsibility of 811
Brightline. 812
c. The train is Brightline's train, including an incident 813
with trespassers or at-grade crossings, Brightline is solely 814
responsible for any loss, injury, or damage, except for the 815
agency's passengers or rail corridor invitees, which are the 816
responsibility of the agency, and FECR's rail corridor invitees, 817
which are the responsibility of FECR. 818
4. When an incident involves more than one operator, each 819
operator is responsible for: 820
a. Its property; passengers; employees, excluding 821
employees who are, at the time of the incident, rail corridor 822
invitees of another operator; and other rail corridor invitees. 823
b. Its proportionate share of any loss or damage to the 824
joint infrastructure. 825

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c. Its proportionate share of any loss, injury, or damage 826
to: 827
(I) Rail corridor invitees who are not rail corridor 828
invitees of operators, provided that the agency shall always be 829
responsible for its passengers and its rail corridor invitees 830
regardless of whether the agency was involved in the incident. 831
(II) Trespassers or third parties outside the Coastal Link 832
corridor as a result of the incident. 833
5. Any such contractual duty to protect, defend, 834
indemnify, and hold harmless FECR or Brightline with respect to 835
claims by rail passengers shall expressly include a specific cap 836
on the amount of the contractual duty, which amount may not 837
exceed $323 million per occurrence and shall be adjusted so that 838
the per-occurrence insurance requirement is equal to the 839
aggregate allowable awards to all rail passengers, against all 840
defendants, for all claims, including claims for punitive 841
damages, arising from a single accident or incident in 842
accordance with 49 U.S.C. s. 28103, or any successor provision, 843
without prior legislative approval. 844
6. Notwithstanding any provision of this section to the 845
contrary, the liabilities of the agency to the state or any 846
other agency shall be as set forth in an agreement among such 847
entities and limited by s. 768.28(18) s. 768.28(19). 848
849
Neither the assumption by contract to protect, defend, 850

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indemnify, and hold harmless; the purchase of insurance; nor the 851
establishment of a self-insurance retention fund shall be deemed 852
to be a waiver of any defense of sovereign immunity for tort 853
claims or deemed to increase the limits of the agency's 854
liability for tort claims as provided in s. 768.28. 855
Section 6. Subsection (2) of section 944.713, Florida 856
Statutes, is amended to read: 857
944.713 Insurance against liability.— 858
(2) The contract shall provide for indemnification of the 859
state by the private vendor for any liabilities incurred up to 860
the limits provided under s. 768.28(5). The contract shall 861
provide that the private vendor, or the insurer of the private 862
vendor, is liable to pay any claim or judgment for any one 863
person which does not exceed the applicable maximum amount 864
provided in s. 768.28(5) sum of $100,000 or any claim or 865
judgment, or portions thereof, which, when totaled with all 866
other claims or judgments arising out of the same incident or 867
occurrence, does not exceed the sum of $200,000. In addition, 868
the contractor must agree to defend, hold harmless, and 869
indemnify the department against any and all actions, claims, 870
damages and losses, including costs and attorney's fees. 871
Section 7. For the purpose of incorporating the amendment 872
made by this act to section 768.28, Florida Statutes, in a 873
reference thereto, subsection (5) of section 45.061, Florida 874
Statutes, is reenacted to read: 875

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45.061 Offers of settlement.— 876
(5) Sanctions authorized under this section may be imposed 877
notwithstanding any limitation on recovery of costs or expenses 878
which may be provided by contract or in other provisions of 879
Florida law. This section shall not be construed to waive the 880
limits of sovereign immunity set forth in s. 768.28. 881
Section 8. For the purpose of incorporating the amendment 882
made by this act to section 768.28, Florida Statutes, in a 883
reference thereto, paragraph (f) of subsection (6) of section 884
95.11, Florida Statutes, is reenacted to read: 885
95.11 Limitations other than for the recovery of real 886
property.—Actions other than for recovery of real property shall 887
be commenced as follows: 888
(6) WITHIN ONE YEAR.— 889
(f) Except for actions described in subsection (9), or a 890
petition challenging a criminal conviction, all petitions; 891
extraordinary writs; tort actions, including those under s. 892
768.28(14); or other actions which concern any condition of 893
confinement of a prisoner filed by or on behalf of a prisoner as 894
defined in s. 57.085. Any petition, writ, or action brought 895
under this paragraph must be commenced within 1 year after the 896
time the incident, conduct, or conditions occurred or within 1 897
year after the time the incident, conduct, or conditions were 898
discovered, or should have been discovered. 899
Section 9. For the purpose of incorporating the amendment 900

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made by this act to section 768.28, Florida Statutes, in a 901
reference thereto, subsection (4) of section 110.504, Florida 902
Statutes, is reenacted to read: 903
110.504 Volunteer benefits.— 904
(4) Volunteers shall be covered by state liability 905
protection in accordance with the definition of a volunteer and 906
the provisions of s. 768.28. 907
Section 10. For the purpose of incorporating the amendment 908
made by this act to section 768.28, Florida Statutes, in a 909
reference thereto, paragraph (a) of subsection (1) of section 910
111.071, Florida Statutes, is reenacted to read: 911
111.071 Payment of judgments or settlements against 912
certain public officers or employees.— 913
(1) Any county, municipality, political subdivision, or 914
agency of the state which has been excluded from participation 915
in the Insurance Risk Management Trust Fund is authorized to 916
expend available funds to pay: 917
(a) Any final judgment, including damages, costs, and 918
attorney's fees, arising from a complaint for damages or injury 919
suffered as a result of any act or omission of action of any 920
officer, employee, or agent in a civil or civil rights lawsuit 921
described in s. 111.07. If the civil action arises under s. 922
768.28 as a tort claim, the limitations and provisions of s. 923
768.28 governing payment shall apply. If the action is a civil 924
rights action arising under 42 U.S.C. s. 1983, or similar 925

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federal statutes, payments for the full amount of the judgment 926
may be made unless the officer, employee, or agent has been 927
determined in the final judgment to have caused the harm 928
intentionally. 929
Section 11. For the purpose of incorporating the amendment 930
made by this act to section 768.28, Florida Statutes, in a 931
reference thereto, paragraph (b) of subsection (2) of section 932
125.01015, Florida Statutes, is reenacted to read: 933
125.01015 Office of the sheriff.— 934
(2) To ensure the successful transfer of the exclusive 935
policing responsibility and authority to the sheriff in a 936
county, as defined in s. 125.011(1), the board of county 937
commissioners shall: 938
(b) After the election of the sheriff is certified: 939
1. Provide funding for all of the necessary staff and 940
office space for the sheriff-elect to establish an independent 941
office of the sheriff, so that the office may effectively 942
operate and perform all of the functions required by general law 943
when the sheriff-elect takes office. 944
2. Provide funding for the sheriff-elect to select any 945
necessary insurances not provided by the county through the 946
interlocal agreement required under sub-subparagraph 6.d. to 947
allow the sheriff to effectively operate and perform all of the 948
functions required by general law when he or she takes office. 949
3. Provide funding for the sheriff-elect to establish bank 950

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and other accounts, as necessary, in his or her official 951
capacity as sheriff, so that such accounts become operational 952
when he or she takes office. 953
4. Unless otherwise transferable based on existing surety 954
bonds for the sheriff's deputies, provide funding for and 955
facilitate procurement of the required surety bonds for deputy 956
sheriffs pursuant to s. 30.09, so that such bonds are in place 957
when the sheriff-elect takes office. 958
5. Prepare and deliver to the office of the sheriff all 959
documents, property, and other items listed in subsection (4). 960
6. Notwithstanding any provision to the contrary, for a 961
term commencing on January 7, 2025, and ending on or after 962
September 30, 2028, provide the sheriff-elect taking office 963
with, and require the sheriff-elect taking office to use, not 964
less than the substantially and materially same support 965
services, facilities, office space, and information technology 966
infrastructure provided to county offices or departments 967
performing the duties to be performed by the sheriff-elect upon 968
taking office in the 1-year period before he or she takes 969
office. 970
a. As used in this subparagraph, the term "support 971
services" includes: 972
(I) Property and facilities, and the management and 973
maintenance for such property and facilities. 974
(II) Communications infrastructure, including telephone 975

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and Internet connectivity. 976
(III) Risk management, including processing, adjusting, 977
and payment of all claims and demands, including those made 978
under s. 768.28. The county shall provide the sheriff with all 979
required general liability, property, and other insurance 980
coverage through its self-insurance program, a self-insurance 981
risk pool, or commercial insurance. If the county provides 982
insurance through a self-insurance program, the county must also 983
provide the sheriff with commercial stop-loss coverage in an 984
amount and with a self-insured retention agreed upon by the 985
sheriff and the county. 986
(IV) Legal representation and advice through the office of 987
the county attorney for all claims, demands, and causes of 988
action brought against the sheriff, his or her deputies, or 989
other personnel in their official and individual capacities, 990
while acting in their official and individual capacities, 991
including any required outside counsel due to conflicts of 992
interest. This sub-sub-subparagraph does not prohibit the 993
sheriff from employing or retaining his or her own legal 994
representation as he or she deems necessary. 995
(V) Purchasing and procurement services using procedures 996
under the laws and ordinances applicable to the county for 997
purchases requiring competitive procurement. 998
(VI) Budget and fiscal software and budget development 999
services. 1000

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(VII) Human resource services, including, but not limited 1001
to, facilitation of the hiring process, including employee 1002
applicant screening and employee applicant background checks, 1003
and employee benefit administration. The county may provide 1004
human resource services to the sheriff. However, the sheriff is 1005
the employer of his or her employees, and the sheriff retains 1006
full and complete control and authority over the hiring of his 1007
or her employees and the terms and conditions of employment, 1008
including employee discipline and termination of employment. The 1009
provision of human resource services by the county to the 1010
sheriff does not create a joint-employer relationship. The 1011
sheriff's employees shall remain members of the county's health 1012
insurance and workers' compensation plans for at least the term 1013
set forth in this subparagraph. 1014
(VIII) Fleet management, including procurement of all 1015
vehicles and other mobile assets such as boats and aircraft, and 1016
all vehicle repair and maintenance. 1017
b. As used in this subparagraph, the term "information 1018
technology infrastructure" includes: 1019
(I) All hardware, including computers. 1020
(II) Budget and fiscal software, including payroll and 1021
purchasing software. 1022
(III) Computer-aided dispatch. 1023
c. Under a cost allocation plan agreed to by the county 1024
and the sheriff, the sheriff shall pay the county for such 1025

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support services and information technology infrastructure from 1026
his or her general fund budget, except for any support services 1027
and information technology infrastructure costs that general law 1028
otherwise and expressly requires the county to fund outside the 1029
sheriff's budget. 1030
d. To satisfy compliance with this subsection and to 1031
establish the office of the sheriff in a manner that minimizes 1032
unnecessary financial expenditures, the county and the sheriff 1033
shall execute an interlocal agreement addressing the 1034
requirements of this subsection and other expenditures, 1035
including an appropriate phase-in period for identification of 1036
the sheriff's assets with the sheriff's markings to minimize the 1037
cost to taxpayers. The interlocal agreement shall have a term 1038
that ends no earlier than September 30, 2028, and may be 1039
amended, renewed, extended, or newly adopted at any time 1040
following the expiration or termination of the agreement. After 1041
the initial period ending no earlier than September 30, 2028, an 1042
interlocal agreement may be entered into between the county and 1043
the sheriff which provides for the same or different 1044
requirements as set forth in this subsection. 1045
Section 12. For the purpose of incorporating the amendment 1046
made by this act to section 768.28, Florida Statutes, in 1047
references thereto, paragraph (h) of subsection (3) and 1048
paragraph (k) of subsection (15) of section 163.01, Florida 1049
Statutes, are reenacted to read: 1050

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163.01 Florida Interlocal Cooperation Act of 1969.— 1051
(3) As used in this section: 1052
(h) "Local government liability pool" means a reciprocal 1053
insurer as defined in s. 629.011 or any self-insurance program 1054
created pursuant to s. 768.28(16), formed and controlled by 1055
counties or municipalities of this state to provide liability 1056
insurance coverage for counties, municipalities, or other public 1057
agencies of this state, which pool may contract with other 1058
parties for the purpose of providing claims administration, 1059
processing, accounting, and other administrative facilities. 1060
(15) Notwithstanding any other provision of this section 1061
or of any other law except s. 361.14, any public agency of this 1062
state which is an electric utility, or any separate legal entity 1063
created pursuant to the provisions of this section, the 1064
membership of which consists only of electric utilities, and 1065
which exercises or proposes to exercise the powers granted by 1066
part II of chapter 361, the Joint Power Act, may exercise any or 1067
all of the following powers: 1068
(k) The limitations on waiver in the provisions of s. 1069
768.28 or any other law to the contrary notwithstanding, the 1070
Legislature, in accordance with s. 13, Art. X of the State 1071
Constitution, hereby declares that any such legal entity or any 1072
public agency of this state that participates in any electric 1073
project waives its sovereign immunity to: 1074
1. All other persons participating therein; and 1075

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2. Any person in any manner contracting with a legal 1076
entity of which any such public agency is a member, with 1077
relation to: 1078
a. Ownership, operation, or any other activity set forth 1079
in sub-subparagraph (b)2.d. with relation to any electric 1080
project; or 1081
b. The supplying or purchasing of services, output, 1082
capacity, energy, or any combination thereof. 1083
Section 13. For the purpose of incorporating the amendment 1084
made by this act to section 768.28, Florida Statutes, in a 1085
reference thereto, section 190.043, Florida Statutes, is 1086
reenacted to read: 1087
190.043 Suits against the district.—Any suit or action 1088
brought or maintained against the district for damages arising 1089
out of tort, including, without limitation, any claim arising 1090
upon account of an act causing an injury or loss of property, 1091
personal injury, or death, shall be subject to the limitations 1092
provided in s. 768.28. 1093
Section 14. For the purpose of incorporating the amendment 1094
made by this act to section 768.28, Florida Statutes, in a 1095
reference thereto, subsection (13) of section 213.015, Florida 1096
Statutes, is reenacted to read: 1097
213.015 Taxpayer rights.—There is created a Florida 1098
Taxpayer's Bill of Rights to guarantee that the rights, privacy, 1099
and property of Florida taxpayers are adequately safeguarded and 1100

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protected during tax assessment, collection, and enforcement 1101
processes administered under the revenue laws of this state. The 1102
Taxpayer's Bill of Rights compiles, in one document, brief but 1103
comprehensive statements which explain, in simple, nontechnical 1104
terms, the rights and obligations of the Department of Revenue 1105
and taxpayers. Section 192.0105 provides additional rights 1106
afforded to payors of property taxes and assessments. The rights 1107
afforded taxpayers to ensure that their privacy and property are 1108
safeguarded and protected during tax assessment and collection 1109
are available only insofar as they are implemented in other 1110
parts of the Florida Statutes or rules of the Department of 1111
Revenue. The rights so guaranteed Florida taxpayers in the 1112
Florida Statutes and the departmental rules are: 1113
(13) The right to an action at law within the limitations 1114
of s. 768.28, relating to sovereign immunity, to recover damages 1115
against the state or the Department of Revenue for injury caused 1116
by the wrongful or negligent act or omission of a department 1117
officer or employee (see s. 768.28). 1118
Section 15. For the purpose of incorporating the amendment 1119
made by this act to section 768.28, Florida Statutes, in a 1120
reference thereto, section 252.51, Florida Statutes, is 1121
reenacted to read: 1122
252.51 Liability.—Any person or organization, public or 1123
private, owning or controlling real estate or other premises who 1124
voluntarily and without compensation, other than payment or 1125

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reimbursement of costs and expenses, grants a license or 1126
privilege or otherwise permits the designation by the local 1127
emergency management agency or use of the whole or any part of 1128
such real estate or premises for the purpose of sheltering 1129
persons during an actual, impending, mock, or practice 1130
emergency, together with her or his successor in interest, if 1131
any, shall not be liable for the death of, or injury to, any 1132
person on or about such real estate or premises during the 1133
actual, impending, mock, or practice emergency, or for loss of, 1134
or damage to, the property of such person, solely by reason or 1135
as a result of such license, privilege, designation, or use, 1136
unless the gross negligence or the willful and wanton misconduct 1137
of such person owning or controlling such real estate or 1138
premises or her or his successor in interest is the proximate 1139
cause of such death, injury, loss, or damage occurring during 1140
such sheltering period. Any such person or organization who 1141
provides such shelter space for compensation shall be deemed to 1142
be an instrumentality of the state or its applicable agency or 1143
subdivision for the purposes of s. 768.28. 1144
Section 16. For the purpose of incorporating the amendment 1145
made by this act to section 768.28, Florida Statutes, in a 1146
reference thereto, section 252.89, Florida Statutes, is 1147
reenacted to read: 1148
252.89 Tort liability.—The commission and the committees 1149
shall be state agencies, and the members of the commission and 1150

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committees shall be officers, employees, or agents of the state 1151
for the purposes of s. 768.28. 1152
Section 17. For the purpose of incorporating the amendment 1153
made by this act to section 768.28, Florida Statutes, in a 1154
reference thereto, section 252.944, Florida Statutes, is 1155
reenacted to read: 1156
252.944 Tort liability.—The commission and the committees 1157
are state agencies, and the members of the commission and 1158
committees are officers, employees, or agents of the state for 1159
the purpose of s. 768.28. 1160
Section 18. For the purpose of incorporating the amendment 1161
made by this act to section 768.28, Florida Statutes, in a 1162
reference thereto, subsection (2) of section 260.0125, Florida 1163
Statutes, is reenacted to read: 1164
260.0125 Limitation on liability of private landowners 1165
whose property is designated as part of the statewide system of 1166
greenways and trails.— 1167
(2) Any private landowner who consents to designation of 1168
his or her land as part of the statewide system of greenways and 1169
trails pursuant to s. 260.016(2)(d) without compensation shall 1170
be considered a volunteer, as defined in s. 110.501, and shall 1171
be covered by state liability protection pursuant to s. 768.28, 1172
including s. 768.28(9). 1173
Section 19. For the purpose of incorporating the amendment 1174
made by this act to section 768.28, Florida Statutes, in a 1175

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reference thereto, section 284.31, Florida Statutes, is 1176
reenacted to read: 1177
284.31 Scope and types of coverages; separate accounts.—1178
The Insurance Risk Management Trust Fund must, unless 1179
specifically excluded by the Department of Financial Services, 1180
cover all departments of the State of Florida and their 1181
employees, agents, and volunteers and must provide separate 1182
accounts for workers' compensation, general liability, fleet 1183
automotive liability, federal civil rights actions under 42 1184
U.S.C. s. 1983 or similar federal statutes, state agency 1185
firefighter cancer benefits payable under s. 112.1816(2), and 1186
court-awarded attorney fees in other proceedings against the 1187
state except for such awards in eminent domain or for inverse 1188
condemnation or for awards by the Public Employees Relations 1189
Commission. Unless specifically excluded by the Department of 1190
Financial Services, the Insurance Risk Management Trust Fund 1191
must provide fleet automotive liability coverage to motor 1192
vehicles titled to the state, or to any department of the state, 1193
when such motor vehicles are used by community transportation 1194
coordinators performing, under contract to the appropriate 1195
department of the state, services for the transportation 1196
disadvantaged under part I of chapter 427. Such fleet automotive 1197
liability coverage is primary and is subject to s. 768.28 and 1198
parts II and III of chapter 284, and applicable rules adopted 1199
thereunder, and the terms and conditions of the certificate of 1200

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coverage issued by the Department of Financial Services. 1201
Section 20. For the purpose of incorporating the amendment 1202
made by this act to section 768.28, Florida Statutes, in 1203
references thereto, section 284.38, Florida Statutes, is 1204
reenacted to read: 1205
284.38 Waiver of sovereign immunity; effect.—The insurance 1206
programs developed herein shall provide limits as established by 1207
the provisions of s. 768.28 if a tort claim. The limits provided 1208
in s. 768.28 shall not apply to a civil rights action arising 1209
under 42 U.S.C. s. 1983 or similar federal statute. Payment of a 1210
pending or future claim or judgment arising under any of said 1211
statutes may be made upon this act becoming a law, unless the 1212
officer, employee, or agent has been determined in the final 1213
judgment to have caused the harm intentionally; however, the 1214
fund is authorized to pay all other court-ordered attorney's 1215
fees as provided under s. 284.31. 1216
Section 21. For the purpose of incorporating the amendment 1217
made by this act to section 768.28, Florida Statutes, in a 1218
reference thereto, paragraph (b) of subsection (1) of section 1219
322.13, Florida Statutes, is reenacted to read: 1220
322.13 Driver license examiners.— 1221
(1) 1222
(b) Those persons serving as driver license examiners are 1223
not liable for actions taken within the scope of their 1224
employment or designation, except as provided by s. 768.28. 1225

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Section 22. For the purpose of incorporating the amendment 1226
made by this act to section 768.28, Florida Statutes, in a 1227
reference thereto, subsection (1) of section 337.19, Florida 1228
Statutes, is reenacted to read: 1229
337.19 Suits by and against department; limitation of 1230
actions; forum.— 1231
(1) Suits at law and in equity may be brought and 1232
maintained by and against the department on any contract claim 1233
arising from breach of an express provision or an implied 1234
covenant of a written agreement or a written directive issued by 1235
the department pursuant to the written agreement. In any such 1236
suit, the department and the contractor shall have all of the 1237
same rights and obligations as a private person under a like 1238
contract except that no liability may be based on an oral 1239
modification of either the written contract or written 1240
directive. Nothing herein shall be construed to waive the 1241
sovereign immunity of the state and its political subdivisions 1242
from equitable claims and equitable remedies. Notwithstanding 1243
anything to the contrary contained in this section, no employee 1244
or agent of the department may be held personally liable to an 1245
extent greater than that pursuant to s. 768.28 provided that no 1246
suit sounding in tort shall be maintained against the 1247
department. 1248
Section 23. For the purpose of incorporating the amendment 1249
made by this act to section 768.28, Florida Statutes, in a 1250

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reference thereto, subsection (17) of section 341.302, Florida 1251
Statutes, is reenacted to read: 1252
341.302 Rail program; duties and responsibilities of the 1253
department.—The department, in conjunction with other 1254
governmental entities, including the rail enterprise and the 1255
private sector, shall develop and implement a rail program of 1256
statewide application designed to ensure the proper maintenance, 1257
safety, revitalization, and expansion of the rail system to 1258
assure its continued and increased availability to respond to 1259
statewide mobility needs. Within the resources provided pursuant 1260
to chapter 216, and as authorized under federal law, the 1261
department shall: 1262
(17) In conjunction with the acquisition, ownership, 1263
construction, operation, maintenance, and management of a rail 1264
corridor, have the authority to: 1265
(a) Assume obligations pursuant to the following: 1266
1.a. The department may assume the obligation by contract 1267
to forever protect, defend, indemnify, and hold harmless the 1268
freight rail operator, or its successors, from whom the 1269
department has acquired a real property interest in the rail 1270
corridor, and that freight rail operator's officers, agents, and 1271
employees, from and against any liability, cost, and expense, 1272
including, but not limited to, commuter rail passengers and rail 1273
corridor invitees in the rail corridor, regardless of whether 1274
the loss, damage, destruction, injury, or death giving rise to 1275

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any such liability, cost, or expense is caused in whole or in 1276
part, and to whatever nature or degree, by the fault, failure, 1277
negligence, misconduct, nonfeasance, or misfeasance of such 1278
freight rail operator, its successors, or its officers, agents, 1279
and employees, or any other person or persons whomsoever; or 1280
b. The department may assume the obligation by contract to 1281
forever protect, defend, indemnify, and hold harmless National 1282
Railroad Passenger Corporation, or its successors, and officers, 1283
agents, and employees of National Railroad Passenger 1284
Corporation, from and against any liability, cost, and expense, 1285
including, but not limited to, commuter rail passengers and rail 1286
corridor invitees in the rail corridor, regardless of whether 1287
the loss, damage, destruction, injury, or death giving rise to 1288
any such liability, cost, or expense is caused in whole or in 1289
part, and to whatever nature or degree, by the fault, failure, 1290
negligence, misconduct, nonfeasance, or misfeasance of National 1291
Railroad Passenger Corporation, its successors, or its officers, 1292
agents, and employees, or any other person or persons 1293
whomsoever. 1294
2. The assumption of liability of the department by 1295
contract pursuant to sub-subparagraph 1.a. or sub-subparagraph 1296
1.b. may not in any instance exceed the following parameters of 1297
allocation of risk: 1298
a. The department may be solely responsible for any loss, 1299
injury, or damage to commuter rail passengers, or rail corridor 1300

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invitees, or trespassers, regardless of circumstances or cause, 1301
subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and 1302
6. 1303
b.(I) In the event of a limited covered accident, the 1304
authority of the department to protect, defend, and indemnify 1305
the freight operator for all liability, cost, and expense, 1306
including punitive or exemplary damages, in excess of the 1307
deductible or self-insurance retention fund established under 1308
paragraph (b) and actually in force at the time of the limited 1309
covered accident exists only if the freight operator agrees, 1310
with respect to the limited covered accident, to protect, 1311
defend, and indemnify the department for the amount of the 1312
deductible or self-insurance retention fund established under 1313
paragraph (b) and actually in force at the time of the limited 1314
covered accident. 1315
(II) In the event of a limited covered accident, the 1316
authority of the department to protect, defend, and indemnify 1317
National Railroad Passenger Corporation for all liability, cost, 1318
and expense, including punitive or exemplary damages, in excess 1319
of the deductible or self-insurance retention fund established 1320
under paragraph (b) and actually in force at the time of the 1321
limited covered accident exists only if National Railroad 1322
Passenger Corporation agrees, with respect to the limited 1323
covered accident, to protect, defend, and indemnify the 1324
department for the amount of the deductible or self-insurance 1325

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retention fund established under paragraph (b) and actually in 1326
force at the time of the limited covered accident. 1327
3. When only one train is involved in an incident, the 1328
department may be solely responsible for any loss, injury, or 1329
damage if the train is a department train or other train 1330
pursuant to subparagraph 4., but only if: 1331
a. When an incident occurs with only a freight train 1332
involved, including incidents with trespassers or at grade 1333
crossings, the freight rail operator is solely responsible for 1334
any loss, injury, or damage, except for commuter rail passengers 1335
and rail corridor invitees; or 1336
b. When an incident occurs with only a National Railroad 1337
Passenger Corporation train involved, including incidents with 1338
trespassers or at grade crossings, National Railroad Passenger 1339
Corporation is solely responsible for any loss, injury, or 1340
damage, except for commuter rail passengers and rail corridor 1341
invitees. 1342
4. For the purposes of this subsection: 1343
a. Any train involved in an incident that is neither the 1344
department's train nor the freight rail operator's train, 1345
hereinafter referred to in this subsection as an "other train," 1346
may be treated as a department train, solely for purposes of any 1347
allocation of liability between the department and the freight 1348
rail operator only, but only if the department and the freight 1349
rail operator share responsibility equally as to third parties 1350

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outside the rail corridor who incur loss, injury, or damage as a 1351
result of any incident involving both a department train and a 1352
freight rail operator train, and the allocation as between the 1353
department and the freight rail operator, regardless of whether 1354
the other train is treated as a department train, shall remain 1355
one-half each as to third parties outside the rail corridor who 1356
incur loss, injury, or damage as a result of the incident. The 1357
involvement of any other train shall not alter the sharing of 1358
equal responsibility as to third parties outside the rail 1359
corridor who incur loss, injury, or damage as a result of the 1360
incident; or 1361
b. Any train involved in an incident that is neither the 1362
department's train nor the National Railroad Passenger 1363
Corporation's train, hereinafter referred to in this subsection 1364
as an "other train," may be treated as a department train, 1365
solely for purposes of any allocation of liability between the 1366
department and National Railroad Passenger Corporation only, but 1367
only if the department and National Railroad Passenger 1368
Corporation share responsibility equally as to third parties 1369
outside the rail corridor who incur loss, injury, or damage as a 1370
result of any incident involving both a department train and a 1371
National Railroad Passenger Corporation train, and the 1372
allocation as between the department and National Railroad 1373
Passenger Corporation, regardless of whether the other train is 1374
treated as a department train, shall remain one-half each as to 1375

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third parties outside the rail corridor who incur loss, injury, 1376
or damage as a result of the incident. The involvement of any 1377
other train shall not alter the sharing of equal responsibility 1378
as to third parties outside the rail corridor who incur loss, 1379
injury, or damage as a result of the incident. 1380
5. When more than one train is involved in an incident: 1381
a.(I) If only a department train and freight rail 1382
operator's train, or only an other train as described in sub-1383
subparagraph 4.a. and a freight rail operator's train, are 1384
involved in an incident, the department may be responsible for 1385
its property and all of its people, all commuter rail 1386
passengers, and rail corridor invitees, but only if the freight 1387
rail operator is responsible for its property and all of its 1388
people, and the department and the freight rail operator each 1389
share one-half responsibility as to trespassers or third parties 1390
outside the rail corridor who incur loss, injury, or damage as a 1391
result of the incident; or 1392
(II) If only a department train and a National Railroad 1393
Passenger Corporation train, or only an other train as described 1394
in sub-subparagraph 4.b. and a National Railroad Passenger 1395
Corporation train, are involved in an incident, the department 1396
may be responsible for its property and all of its people, all 1397
commuter rail passengers, and rail corridor invitees, but only 1398
if National Railroad Passenger Corporation is responsible for 1399
its property and all of its people, all National Railroad 1400

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Passenger Corporation's rail passengers, and the department and 1401
National Railroad Passenger Corporation each share one-half 1402
responsibility as to trespassers or third parties outside the 1403
rail corridor who incur loss, injury, or damage as a result of 1404
the incident. 1405
b.(I) If a department train, a freight rail operator 1406
train, and any other train are involved in an incident, the 1407
allocation of liability between the department and the freight 1408
rail operator, regardless of whether the other train is treated 1409
as a department train, shall remain one-half each as to third 1410
parties outside the rail corridor who incur loss, injury, or 1411
damage as a result of the incident; the involvement of any other 1412
train shall not alter the sharing of equal responsibility as to 1413
third parties outside the rail corridor who incur loss, injury, 1414
or damage as a result of the incident; and, if the owner, 1415
operator, or insurer of the other train makes any payment to 1416
injured third parties outside the rail corridor who incur loss, 1417
injury, or damage as a result of the incident, the allocation of 1418
credit between the department and the freight rail operator as 1419
to such payment shall not in any case reduce the freight rail 1420
operator's third-party-sharing allocation of one-half under this 1421
paragraph to less than one-third of the total third party 1422
liability; or 1423
(II) If a department train, a National Railroad Passenger 1424
Corporation train, and any other train are involved in an 1425

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incident, the allocation of liability between the department and 1426
National Railroad Passenger Corporation, regardless of whether 1427
the other train is treated as a department train, shall remain 1428
one-half each as to third parties outside the rail corridor who 1429
incur loss, injury, or damage as a result of the incident; the 1430
involvement of any other train shall not alter the sharing of 1431
equal responsibility as to third parties outside the rail 1432
corridor who incur loss, injury, or damage as a result of the 1433
incident; and, if the owner, operator, or insurer of the other 1434
train makes any payment to injured third parties outside the 1435
rail corridor who incur loss, injury, or damage as a result of 1436
the incident, the allocation of credit between the department 1437
and National Railroad Passenger Corporation as to such payment 1438
shall not in any case reduce National Railroad Passenger 1439
Corporation's third-party-sharing allocation of one-half under 1440
this sub-subparagraph to less than one-third of the total third 1441
party liability. 1442
6. Any such contractual duty to protect, defend, 1443
indemnify, and hold harmless such a freight rail operator or 1444
National Railroad Passenger Corporation shall expressly include 1445
a specific cap on the amount of the contractual duty, which 1446
amount shall not exceed $200 million without prior legislative 1447
approval, and the department to purchase liability insurance and 1448
establish a self-insurance retention fund in the amount of the 1449
specific cap established under this subparagraph, provided that: 1450

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a. No such contractual duty shall in any case be effective 1451
nor otherwise extend the department's liability in scope and 1452
effect beyond the contractual liability insurance and self-1453
insurance retention fund required pursuant to this paragraph; 1454
and 1455
b.(I) The freight rail operator's compensation to the 1456
department for future use of the department's rail corridor 1457
shall include a monetary contribution to the cost of such 1458
liability coverage for the sole benefit of the freight rail 1459
operator. 1460
(II) National Railroad Passenger Corporation's 1461
compensation to the department for future use of the 1462
department's rail corridor shall include a monetary contribution 1463
to the cost of such liability coverage for the sole benefit of 1464
National Railroad Passenger Corporation. 1465
(b) Purchase liability insurance, which amount shall not 1466
exceed $200 million, and establish a self-insurance retention 1467
fund for the purpose of paying the deductible limit established 1468
in the insurance policies it may obtain, including coverage for 1469
the department, any freight rail operator as described in 1470
paragraph (a), National Railroad Passenger Corporation, commuter 1471
rail service providers, governmental entities, or any ancillary 1472
development, which self-insurance retention fund or deductible 1473
shall not exceed $10 million. The insureds shall pay a 1474
reasonable monetary contribution to the cost of such liability 1475

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coverage for the sole benefit of the insured. Such insurance and 1476
self-insurance retention fund may provide coverage for all 1477
damages, including, but not limited to, compensatory, special, 1478
and exemplary, and be maintained to provide an adequate fund to 1479
cover claims and liabilities for loss, injury, or damage arising 1480
out of or connected with the ownership, operation, maintenance, 1481
and management of a rail corridor. 1482
(c) Incur expenses for the purchase of advertisements, 1483
marketing, and promotional items. 1484
(d) Without altering any of the rights granted to the 1485
department under this section, agree to assume the obligations 1486
to indemnify and insure, pursuant to s. 343.545, freight rail 1487
service, intercity passenger rail service, and commuter rail 1488
service on a department-owned rail corridor, whether ownership 1489
is in fee or by easement, or on a rail corridor where the 1490
department has the right to operate. 1491
1492
Neither the assumption by contract to protect, defend, 1493
indemnify, and hold harmless; the purchase of insurance; nor the 1494
establishment of a self-insurance retention fund shall be deemed 1495
to be a waiver of any defense of sovereign immunity for torts 1496
nor deemed to increase the limits of the department's or the 1497
governmental entity's liability for torts as provided in s. 1498
768.28. The requirements of s. 287.022(1) shall not apply to the 1499
purchase of any insurance under this subsection. The provisions 1500

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of this subsection shall apply and inure fully as to any other 1501
governmental entity providing commuter rail service and 1502
constructing, operating, maintaining, or managing a rail 1503
corridor on publicly owned right-of-way under contract by the 1504
governmental entity with the department or a governmental entity 1505
designated by the department. Notwithstanding any law to the 1506
contrary, procurement for the construction, operation, 1507
maintenance, and management of any rail corridor described in 1508
this subsection, whether by the department, a governmental 1509
entity under contract with the department, or a governmental 1510
entity designated by the department, shall be pursuant to s. 1511
287.057 and shall include, but not be limited to, criteria for 1512
the consideration of qualifications, technical aspects of the 1513
proposal, and price. Further, any such contract for design-build 1514
shall be procured pursuant to the criteria in s. 337.11(7). 1515
Section 24. For the purpose of incorporating the amendment 1516
made by this act to section 768.28, Florida Statutes, in a 1517
reference thereto, subsection (3) of section 343.811, Florida 1518
Statutes, is reenacted to read: 1519
343.811 Power to assume indemnification and insurance 1520
obligations.— 1521
(3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In 1522
conjunction with the development or operation of a commuter rail 1523
service on the Coastal Link corridor, an agency may: 1524
(a) Assume obligations pursuant to the following: 1525

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1.a. The agency may assume the obligation by contract to 1526
protect, defend, indemnify, and hold harmless FECR and its 1527
officers, agents, and employees from and against: 1528
(I) Any liability, cost, and expense, including, but not 1529
limited to, the agency's passengers and other rail corridor 1530
invitees in, on, or about the Coastal Link corridor, regardless 1531
of whether the loss, damage, destruction, injury, or death 1532
giving rise to any such liability, cost, or expense is caused in 1533
whole or in part, and to whatever nature or degree, by the 1534
fault, failure, negligence, misconduct, nonfeasance, or 1535
misfeasance of such freight rail operator, its successors, or 1536
its officers, agents, and employees, or any other person or 1537
persons whomsoever. 1538
(II) Any loss, injury, or damage incurred by other rail 1539
corridor invitees up to the amount of the self-insurance 1540
retention amount with respect to limited covered accidents 1541
caused by the agency. 1542
b. The agency may assume the obligation by contract to 1543
protect, defend, indemnify, and hold harmless Brightline and its 1544
officers, agents, and employees from and against: 1545
(I) Any liability, cost, and expense, including, but not 1546
limited to, the agency's passengers and rail corridor invitees 1547
in the Coastal Link corridor, regardless of whether the loss, 1548
damage, destruction, injury, or death giving rise to any such 1549
liability, cost, or expense is caused in whole or in part, and 1550

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to whatever nature or degree, by the fault, failure, negligence, 1551
misconduct, nonfeasance, or misfeasance of Brightline, its 1552
successors, or its officers, agents, and employees, or any other 1553
person or persons whomsoever. 1554
(II) Any loss, injury, or damage incurred by other rail 1555
corridor invitees up to the amount of the self-insurance 1556
retention amount with respect to limited covered accidents 1557
caused by the agency. 1558
2. The assumption of liability of the agency by contract 1559
pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may 1560
not in any instance exceed the following parameters of 1561
allocation of risk: 1562
a. The agency may be solely responsible for any loss, 1563
injury, or damage to the agency's passengers, or rail corridor 1564
invitees, third parties, or trespassers, regardless of 1565
circumstances or cause, subject to sub-subparagraph b. and 1566
subparagraphs 3., 4., and 5. 1567
b.(I) In the event of a limited covered accident caused by 1568
FECR, the authority of an agency to protect, defend, and 1569
indemnify FECR for all liability, cost, and expense, including 1570
punitive or exemplary damages, in excess of the self-insurance 1571
retention amount exists only if FECR agrees, with respect to 1572
such limited covered accident caused by FECR, to protect, 1573
defend, and indemnify the agency for the amount of the self-1574
insurance retention amount. 1575

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(II) In the event of a limited covered accident caused by 1576
Brightline, the authority of an agency to protect, defend, and 1577
indemnify Brightline for all liability, cost, and expense, 1578
including punitive or exemplary damages, in excess of the self-1579
insurance retention amount exists only if Brightline agrees, 1580
with respect to such limited covered accident, to protect, 1581
defend, and indemnify the agency for the amount of the self-1582
insurance retention amount. 1583
3. When only one train is involved in an incident and: 1584
a. The train is an agency's train, including an incident 1585
with trespassers or at-grade crossings, the agency may be solely 1586
responsible for any loss, injury, or damage. 1587
b. The train is FECR's train, including an incident with 1588
trespassers or at-grade crossings, FECR is solely responsible 1589
for any loss, injury, or damage, except for the agency's 1590
passengers and other rail corridor invitees, which are the 1591
responsibility of the agency, and Brightline's passengers and 1592
other rail corridor invitees, which are the responsibility of 1593
Brightline. 1594
c. The train is Brightline's train, including an incident 1595
with trespassers or at-grade crossings, Brightline is solely 1596
responsible for any loss, injury, or damage, except for the 1597
agency's passengers or rail corridor invitees, which are the 1598
responsibility of the agency, and FECR's rail corridor invitees, 1599
which are the responsibility of FECR. 1600

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4. When an incident involves more than one operator, each 1601
operator is responsible for: 1602
a. Its property; passengers; employees, excluding 1603
employees who are, at the time of the incident, rail corridor 1604
invitees of another operator; and other rail corridor invitees. 1605
b. Its proportionate share of any loss or damage to the 1606
joint infrastructure. 1607
c. Its proportionate share of any loss, injury, or damage 1608
to: 1609
(I) Rail corridor invitees who are not rail corridor 1610
invitees of operators, provided that the agency shall always be 1611
responsible for its passengers and its rail corridor invitees 1612
regardless of whether the agency was involved in the incident. 1613
(II) Trespassers or third parties outside the Coastal Link 1614
corridor as a result of the incident. 1615
5. Any such contractual duty to protect, defend, 1616
indemnify, and hold harmless FECR or Brightline with respect to 1617
claims by rail passengers shall expressly include a specific cap 1618
on the amount of the contractual duty, which amount may not 1619
exceed $323 million per occurrence and shall be adjusted so that 1620
the per-occurrence insurance requirement is equal to the 1621
aggregate allowable awards to all rail passengers, against all 1622
defendants, for all claims, including claims for punitive 1623
damages, arising from a single accident or incident in 1624
accordance with 49 U.S.C. s. 28103, or any successor provision, 1625

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without prior legislative approval. 1626
6. Notwithstanding any provision of this section to the 1627
contrary, the liabilities of the agency to the state or any 1628
other agency shall be as set forth in an agreement among such 1629
entities and limited by s. 768.28(19). 1630
(b) Purchase liability insurance, which amount may not 1631
exceed $323 million per occurrence, which amount shall be 1632
adjusted so that the per-occurrence insurance requirement is 1633
equal to the aggregate allowable awards to all rail passengers, 1634
against all defendants, for all claims, including claims for 1635
punitive damages, arising from a single accident or incident in 1636
accordance with 49 U.S.C. s. 28103, or any successor provision, 1637
and establish a self-insurance retention fund for the purpose of 1638
paying the deductible limit established in the insurance 1639
policies it may obtain, including coverage for a county agency, 1640
any freight rail operator as described in paragraph (a), 1641
Brightline, commuter rail service providers, governmental 1642
entities, or any ancillary development, which self-insurance 1643
retention fund or deductible shall not exceed the self-insurance 1644
retention amount. 1645
1. Such insurance and self-insurance retention fund may 1646
provide coverage for all damages, including, but not limited to, 1647
compensatory, special, and exemplary, and be maintained to 1648
provide an adequate fund to cover claims and liabilities for 1649
loss, injury, or damage arising out of or connected with the 1650

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ownership, operation, maintenance, and management of the Coastal 1651
Link corridor. 1652
2. Any self-insured retention account shall be a 1653
segregated account of the agency and shall be subject to the 1654
same conditions, restrictions, exclusions, obligations, and 1655
duties included in any and all of the policies of liability 1656
insurance purchased under this paragraph. 1657
3. Unless otherwise specifically provided by general law, 1658
FECR and Brightline, and their respective officers, agents, and 1659
employees, are not officers, agents, employees, or subdivisions 1660
of the state and are not entitled to sovereign immunity. 1661
1662
Neither the assumption by contract to protect, defend, 1663
indemnify, and hold harmless; the purchase of insurance; nor the 1664
establishment of a self-insurance retention fund shall be deemed 1665
to be a waiver of any defense of sovereign immunity for tort 1666
claims or deemed to increase the limits of the agency's 1667
liability for tort claims as provided in s. 768.28. 1668
Section 25. For the purpose of incorporating the amendment 1669
made by this act to section 768.28, Florida Statutes, in a 1670
reference thereto, paragraph (c) of subsection (4) of section 1671
351.03, Florida Statutes, is reenacted to read: 1672
351.03 Railroad-highway grade-crossing warning signs and 1673
signals; audible warnings; exercise of reasonable care; blocking 1674
highways, roads, and streets during darkness.— 1675

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(4) 1676
(c) Nothing in this subsection shall be construed to 1677
nullify the liability provisions of s. 768.28. 1678
Section 26. For the purpose of incorporating the amendment 1679
made by this act to section 768.28, Florida Statutes, in a 1680
reference thereto, subsection (6) of section 373.1395, Florida 1681
Statutes, is reenacted to read: 1682
373.1395 Limitation on liability of water management 1683
district with respect to areas made available to the public for 1684
recreational purposes without charge.— 1685
(6) This section does not relieve any water management 1686
district of any liability that would otherwise exist for gross 1687
negligence or a deliberate, willful, or malicious injury to a 1688
person or property. This section does not create or increase the 1689
liability of any water management district or person beyond that 1690
which is authorized by s. 768.28. 1691
Section 27. For the purpose of incorporating the amendment 1692
made by this act to section 768.28, Florida Statutes, in a 1693
reference thereto, paragraph (a) of subsection (3) of section 1694
375.251, Florida Statutes, is reenacted to read: 1695
375.251 Limitation on liability of persons making 1696
available to public certain areas for recreational purposes 1697
without charge.— 1698
(3)(a) An owner of an area who enters into a written 1699
agreement concerning the area with a state agency for outdoor 1700

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recreational purposes, where such agreement recognizes that the 1701
state agency is responsible for personal injury, loss, or damage 1702
resulting in whole or in part from the state agency's use of the 1703
area under the terms of the agreement subject to the limitations 1704
and conditions specified in s. 768.28, owes no duty of care to 1705
keep the area safe for entry or use by others, or to give 1706
warning to persons entering or going on the area of any 1707
hazardous conditions, structures, or activities thereon. An 1708
owner who enters into a written agreement concerning the area 1709
with a state agency for outdoor recreational purposes: 1710
1. Is not presumed to extend any assurance that the area 1711
is safe for any purpose; 1712
2. Does not incur any duty of care toward a person who 1713
goes on the area that is subject to the agreement; or 1714
3. Is not liable or responsible for any injury to persons 1715
or property caused by the act or omission of a person who goes 1716
on the area that is subject to the agreement. 1717
Section 28. For the purpose of incorporating the amendment 1718
made by this act to section 768.28, Florida Statutes, in a 1719
reference thereto, subsection (9) of section 381.0056, Florida 1720
Statutes, is reenacted to read: 1721
381.0056 School health services program.— 1722
(9) Any health care entity that provides school health 1723
services under contract with the department pursuant to a school 1724
health services plan developed under this section, and as part 1725

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of a school nurse services public-private partnership, is deemed 1726
to be a corporation acting primarily as an instrumentality of 1727
the state solely for the purpose of limiting liability pursuant 1728
to s. 768.28(5). The limitations on tort actions contained in s. 1729
768.28(5) shall apply to any action against the entity with 1730
respect to the provision of school health services, if the 1731
entity is acting within the scope of and pursuant to guidelines 1732
established in the contract or by rule of the department. The 1733
contract must require the entity, or the partnership on behalf 1734
of the entity, to obtain general liability insurance coverage, 1735
with any additional endorsement necessary to insure the entity 1736
for liability assumed by its contract with the department. The 1737
Legislature intends that insurance be purchased by entities, or 1738
by partnerships on behalf of the entity, to cover all liability 1739
claims, and under no circumstances shall the state or the 1740
department be responsible for payment of any claims or defense 1741
costs for claims brought against the entity or its subcontractor 1742
for services performed under the contract with the department. 1743
This subsection does not preclude consideration by the 1744
Legislature for payment by the state of any claims bill 1745
involving an entity contracting with the department pursuant to 1746
this section. 1747
Section 29. For the purpose of incorporating the amendment 1748
made by this act to section 768.28, Florida Statutes, in a 1749
reference thereto, subsection (3) of section 393.075, Florida 1750

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Statutes, is reenacted to read: 1751
393.075 General liability coverage.— 1752
(3) This section shall not be construed as designating or 1753
not designating that a person who owns or operates a foster care 1754
facility or group home facility as described in this section or 1755
any other person is an employee or agent of the state. Nothing 1756
in this section amends, expands, or supersedes the provisions of 1757
s. 768.28. 1758
Section 30. For the purpose of incorporating the amendment 1759
made by this act to section 768.28, Florida Statutes, in a 1760
reference thereto, subsection (7) of section 394.9085, Florida 1761
Statutes, is reenacted to read: 1762
394.9085 Behavioral provider liability.— 1763
(7) This section shall not be construed to waive sovereign 1764
immunity for any governmental unit or other entity protected by 1765
sovereign immunity. Section 768.28 shall continue to apply to 1766
all governmental units and such entities. 1767
Section 31. For the purpose of incorporating the amendment 1768
made by this act to section 768.28, Florida Statutes, in a 1769
reference thereto, paragraph (g) of subsection (10) of section 1770
395.1055, Florida Statutes, is reenacted to read: 1771
395.1055 Rules and enforcement.— 1772
(10) The agency shall establish a pediatric cardiac 1773
technical advisory panel, pursuant to s. 20.052, to develop 1774
procedures and standards for measuring outcomes of pediatric 1775

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cardiac catheterization programs and pediatric cardiovascular 1776
surgery programs. 1777
(g) Panel members are agents of the state for purposes of 1778
s. 768.28 throughout the good faith performance of the duties 1779
assigned to them by the Secretary of Health Care Administration. 1780
Section 32. For the purpose of incorporating the amendment 1781
made by this act to section 768.28, Florida Statutes, in a 1782
reference thereto, paragraph (c) of subsection (17) of section 1783
403.706, Florida Statutes, is reenacted to read: 1784
403.706 Local government solid waste responsibilities.— 1785
(17) To effect the purposes of this part, counties and 1786
municipalities are authorized, in addition to other powers 1787
granted pursuant to this part: 1788
(c) To waive sovereign immunity and immunity from suit in 1789
federal court by vote of the governing body of the county or 1790
municipality to the extent necessary to carry out the authority 1791
granted in paragraphs (a) and (b), notwithstanding the 1792
limitations prescribed in s. 768.28. 1793
Section 33. For the purpose of incorporating the amendment 1794
made by this act to section 768.28, Florida Statutes, in a 1795
reference thereto, paragraph (b) of subsection (15) of section 1796
409.175, Florida Statutes, is reenacted to read: 1797
409.175 Licensure of family foster homes, residential 1798
child-caring agencies, and child-placing agencies; public 1799
records exemption.— 1800

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(15) 1801
(b) This subsection may not be construed as designating or 1802
not designating that a person who owns or operates a family 1803
foster home as described in this subsection or any other person 1804
is an employee or agent of the state. Nothing in this subsection 1805
amends, expands, or supersedes the provisions of s. 768.28. 1806
Section 34. For the purpose of incorporating the amendment 1807
made by this act to section 768.28, Florida Statutes, in 1808
references thereto, subsection (1), paragraph (a) of subsection 1809
(2), and paragraph (a) of subsection (3) of section 409.993, 1810
Florida Statutes, are reenacted to read: 1811
409.993 Lead agencies and subcontractor liability.— 1812
(1) FINDINGS.— 1813
(a) The Legislature finds that the state has traditionally 1814
provided foster care services to children who are the 1815
responsibility of the state. As such, foster children have not 1816
had the right to recover for injuries beyond the limitations 1817
specified in s. 768.28. The Legislature has determined that 1818
foster care and related services should be outsourced pursuant 1819
to this section and that the provision of such services is of 1820
paramount importance to the state. The purpose of such 1821
outsourcing is to increase the level of safety, security, and 1822
stability of children who are or become the responsibility of 1823
the state. One of the components necessary to secure a safe and 1824
stable environment for such children is the requirement that 1825

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private providers maintain liability insurance. As such, 1826
insurance needs to be available and remain available to 1827
nongovernmental foster care and related services providers 1828
without the resources of such providers being significantly 1829
reduced by the cost of maintaining such insurance. 1830
(b) The Legislature further finds that, by requiring the 1831
following minimum levels of insurance, children in outsourced 1832
foster care and related services will gain increased protection 1833
and rights of recovery in the event of injury than currently 1834
provided in s. 768.28. 1835
(2) LEAD AGENCY LIABILITY.— 1836
(a) Other than an entity to which s. 768.28 applies, an 1837
eligible community-based care lead agency, or its employees or 1838
officers, except as otherwise provided in paragraph (b), shall, 1839
as a part of its contract, obtain a minimum of $1 million per 1840
occurrence with a policy period aggregate limit of $3 million in 1841
general liability insurance coverage. The lead agency must also 1842
require that staff who transport client children and families in 1843
their personal automobiles in order to carry out their job 1844
responsibilities obtain minimum bodily injury liability 1845
insurance in the amount of $100,000 per person per any one 1846
automobile accident, and subject to such limits for each person, 1847
$300,000 for all damages resulting from any one automobile 1848
accident, on their personal automobiles. In lieu of personal 1849
motor vehicle insurance, the lead agency's casualty, liability, 1850

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or motor vehicle insurance carrier may provide nonowned 1851
automobile liability coverage. This insurance provides liability 1852
insurance for an automobile that the lead agency uses in 1853
connection with the lead agency's business but does not own, 1854
lease, rent, or borrow. This coverage includes an automobile 1855
owned by an employee of the lead agency or a member of the 1856
employee's household but only while the automobile is used in 1857
connection with the lead agency's business. The nonowned 1858
automobile coverage for the lead agency applies as excess 1859
coverage over any other collectible insurance. The personal 1860
automobile policy for the employee of the lead agency shall be 1861
primary insurance, and the nonowned automobile coverage of the 1862
lead agency acts as excess insurance to the primary insurance. 1863
The lead agency shall provide a minimum limit of $1 million in 1864
nonowned automobile coverage. In a tort action brought against 1865
such a lead agency or employee, net economic damages shall be 1866
limited to $2 million per liability claim and $200,000 per 1867
automobile claim, including, but not limited to, past and future 1868
medical expenses, wage loss, and loss of earning capacity, 1869
offset by any collateral source payment paid or payable. In any 1870
tort action brought against a lead agency, noneconomic damages 1871
shall be limited to $400,000 per claim. A claims bill may be 1872
brought on behalf of a claimant pursuant to s. 768.28 for any 1873
amount exceeding the limits specified in this paragraph. Any 1874
offset of collateral source payments made as of the date of the 1875

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settlement or judgment shall be in accordance with s. 768.76. 1876
The lead agency is not liable in tort for the acts or omissions 1877
of its subcontractors or the officers, agents, or employees of 1878
its subcontractors. 1879
(3) SUBCONTRACTOR LIABILITY.— 1880
(a) A subcontractor of an eligible community-based care 1881
lead agency that is a direct provider of foster care and related 1882
services to children and families, and its employees or 1883
officers, except as otherwise provided in paragraph (c), must, 1884
as a part of its contract, obtain a minimum of $1 million per 1885
occurrence with a policy period aggregate limit of $3 million in 1886
general liability insurance coverage. The subcontractor of a 1887
lead agency must also require that staff who transport client 1888
children and families in their personal automobiles in order to 1889
carry out their job responsibilities obtain minimum bodily 1890
injury liability insurance in the amount of $100,000 per person 1891
in any one automobile accident, and subject to such limits for 1892
each person, $300,000 for all damages resulting from any one 1893
automobile accident, on their personal automobiles. In lieu of 1894
personal motor vehicle insurance, the subcontractor's casualty, 1895
liability, or motor vehicle insurance carrier may provide 1896
nonowned automobile liability coverage. This insurance provides 1897
liability insurance for automobiles that the subcontractor uses 1898
in connection with the subcontractor's business but does not 1899
own, lease, rent, or borrow. This coverage includes automobiles 1900

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owned by the employees of the subcontractor or a member of the 1901
employee's household but only while the automobiles are used in 1902
connection with the subcontractor's business. The nonowned 1903
automobile coverage for the subcontractor applies as excess 1904
coverage over any other collectible insurance. The personal 1905
automobile policy for the employee of the subcontractor shall be 1906
primary insurance, and the nonowned automobile coverage of the 1907
subcontractor acts as excess insurance to the primary insurance. 1908
The subcontractor shall provide a minimum limit of $1 million in 1909
nonowned automobile coverage. In a tort action brought against 1910
such subcontractor or employee, net economic damages shall be 1911
limited to $2 million per liability claim and $200,000 per 1912
automobile claim, including, but not limited to, past and future 1913
medical expenses, wage loss, and loss of earning capacity, 1914
offset by any collateral source payment paid or payable. In a 1915
tort action brought against such subcontractor, noneconomic 1916
damages shall be limited to $400,000 per claim. A claims bill 1917
may be brought on behalf of a claimant pursuant to s. 768.28 for 1918
any amount exceeding the limits specified in this paragraph. Any 1919
offset of collateral source payments made as of the date of the 1920
settlement or judgment shall be in accordance with s. 768.76. 1921
Section 35. For the purpose of incorporating the amendment 1922
made by this act to section 768.28, Florida Statutes, in a 1923
reference thereto, subsection (8) of section 420.504, Florida 1924
Statutes, is reenacted to read: 1925

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420.504 Public corporation; creation, membership, terms, 1926
expenses.— 1927
(8) The corporation is a corporation primarily acting as 1928
an instrumentality of the state, within the meaning of s. 1929
768.28. 1930
Section 36. For the purpose of incorporating the amendment 1931
made by this act to section 768.28, Florida Statutes, in a 1932
reference thereto, subsection (3) of section 455.221, Florida 1933
Statutes, is reenacted to read: 1934
455.221 Legal and investigative services.— 1935
(3) Any person retained by the department under contract 1936
to review materials, make site visits, or provide expert 1937
testimony regarding any complaint or application filed with the 1938
department relating to a profession under the jurisdiction of 1939
the department shall be considered an agent of the department in 1940
determining the state insurance coverage and sovereign immunity 1941
protection applicability of ss. 284.31 and 768.28. 1942
Section 37. For the purpose of incorporating the amendment 1943
made by this act to section 768.28, Florida Statutes, in a 1944
reference thereto, subsection (5) of section 455.32, Florida 1945
Statutes, is reenacted to read: 1946
455.32 Management Privatization Act.— 1947
(5) Any such corporation may hire staff as necessary to 1948
carry out its functions. Such staff are not public employees for 1949
the purposes of chapter 110 or chapter 112, except that the 1950

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board of directors and the employees of the corporation are 1951
subject to the provisions of s. 112.061 and part III of chapter 1952
112. The provisions of s. 768.28 apply to each such corporation, 1953
which is deemed to be a corporation primarily acting as an 1954
instrumentality of the state but which is not an agency within 1955
the meaning of s. 20.03(1). 1956
Section 38. For the purpose of incorporating the amendment 1957
made by this act to section 768.28, Florida Statutes, in a 1958
reference thereto, subsection (3) of section 456.009, Florida 1959
Statutes, is reenacted to read: 1960
456.009 Legal and investigative services.— 1961
(3) Any person retained by the department under contract 1962
to review materials, make site visits, or provide expert 1963
testimony regarding any complaint or application filed with the 1964
department relating to a profession under the jurisdiction of 1965
the department shall be considered an agent of the department in 1966
determining the state insurance coverage and sovereign immunity 1967
protection applicability of ss. 284.31 and 768.28. 1968
Section 39. For the purpose of incorporating the amendment 1969
made by this act to section 768.28, Florida Statutes, in a 1970
reference thereto, paragraph (a) of subsection (15) of section 1971
456.076, Florida Statutes, is reenacted to read: 1972
456.076 Impaired practitioner programs.— 1973
(15)(a) A consultant retained pursuant to this section and 1974
a consultant's directors, officers, employees, or agents shall 1975

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be considered agents of the department for purposes of s. 768.28 1976
while acting within the scope of the consultant's duties under 1977
the contract with the department. 1978
Section 40. For the purpose of incorporating the amendment 1979
made by this act to section 768.28, Florida Statutes, in a 1980
reference thereto, subsection (3) of section 471.038, Florida 1981
Statutes, is reenacted to read: 1982
471.038 Florida Engineers Management Corporation.— 1983
(3) The Florida Engineers Management Corporation is 1984
created to provide administrative, investigative, and 1985
prosecutorial services to the board in accordance with the 1986
provisions of chapter 455 and this chapter. The management 1987
corporation may hire staff as necessary to carry out its 1988
functions. Such staff are not public employees for the purposes 1989
of chapter 110 or chapter 112, except that the board of 1990
directors and the staff are subject to the provisions of s. 1991
112.061. The provisions of s. 768.28 apply to the management 1992
corporation, which is deemed to be a corporation primarily 1993
acting as an instrumentality of the state, but which is not an 1994
agency within the meaning of s. 20.03(1). The management 1995
corporation shall: 1996
(a) Be a Florida corporation not for profit, incorporated 1997
under the provisions of chapter 617. 1998
(b) Provide administrative, investigative, and 1999
prosecutorial services to the board in accordance with the 2000

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provisions of chapter 455, this chapter, and the contract 2001
required by this section. 2002
(c) Receive, hold, and administer property and make only 2003
prudent expenditures directly related to the responsibilities of 2004
the board, and in accordance with the contract required by this 2005
section. 2006
(d) Be approved by the board, and the department, to 2007
operate for the benefit of the board and in the best interest of 2008
the state. 2009
(e) Operate under a fiscal year that begins on July 1 of 2010
each year and ends on June 30 of the following year. 2011
(f) Have a seven-member board of directors, five of whom 2012
are to be appointed by the board and must be registrants 2013
regulated by the board and two of whom are to be appointed by 2014
the secretary and must be laypersons not regulated by the board. 2015
All appointments shall be for 4-year terms. No member shall 2016
serve more than two consecutive terms. Failure to attend three 2017
consecutive meetings shall be deemed a resignation from the 2018
board, and the vacancy shall be filled by a new appointment. 2019
(g) Select its officers in accordance with its bylaws. The 2020
members of the board of directors who were appointed by the 2021
board may be removed by the board. 2022
(h) Select the president of the management corporation, 2023
who shall also serve as executive director to the board, subject 2024
to approval of the board. 2025

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(i) Use a portion of the interest derived from the 2026
management corporation account to offset the costs associated 2027
with the use of credit cards for payment of fees by applicants 2028
or licensees. 2029
(j) Operate under a written contract with the department 2030
which is approved by the board. The contract must provide for, 2031
but is not limited to: 2032
1. Submission by the management corporation of an annual 2033
budget that complies with board rules for approval by the board 2034
and the department. 2035
2. Annual certification by the board and the department 2036
that the management corporation is complying with the terms of 2037
the contract in a manner consistent with the goals and purposes 2038
of the board and in the best interest of the state. This 2039
certification must be reported in the board's minutes. The 2040
contract must also provide for methods and mechanisms to resolve 2041
any situation in which the certification process determines 2042
noncompliance. 2043
3. Funding of the management corporation through 2044
appropriations allocated to the regulation of professional 2045
engineers from the Professional Regulation Trust Fund. 2046
4. The reversion to the board, or the state if the board 2047
ceases to exist, of moneys, records, data, and property held in 2048
trust by the management corporation for the benefit of the 2049
board, if the management corporation is no longer approved to 2050

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operate for the board or the board ceases to exist. All records 2051
and data in a computerized database shall be returned to the 2052
department in a form that is compatible with the computerized 2053
database of the department. 2054
5. The securing and maintaining by the management 2055
corporation, during the term of the contract and for all acts 2056
performed during the term of the contract, of all liability 2057
insurance coverages in an amount to be approved by the board to 2058
defend, indemnify, and hold harmless the management corporation 2059
and its officers and employees, the department and its 2060
employees, and the state against all claims arising from state 2061
and federal laws. Such insurance coverage must be with insurers 2062
qualified and doing business in the state. The management 2063
corporation must provide proof of insurance to the department. 2064
The department and its employees and the state are exempt from 2065
and are not liable for any sum of money which represents a 2066
deductible, which sums shall be the sole responsibility of the 2067
management corporation. Violation of this subparagraph shall be 2068
grounds for terminating the contract. 2069
6. Payment by the management corporation, out of its 2070
allocated budget, to the department of all costs of 2071
representation by the board counsel, including salary and 2072
benefits, travel, and any other compensation traditionally paid 2073
by the department to other board counsel. 2074
7. Payment by the management corporation, out of its 2075

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allocated budget, to the department of all costs incurred by the 2076
management corporation or the board for the Division of 2077
Administrative Hearings of the Department of Management Services 2078
and any other cost for utilization of these state services. 2079
8. Payment by the management corporation, out of its 2080
allocated budget, to the department of reasonable costs 2081
associated with the contract monitor. 2082
(k) Provide for an annual financial audit of its financial 2083
accounts and records by an independent certified public 2084
accountant. The annual audit report shall include a management 2085
letter in accordance with s. 11.45 and a detailed supplemental 2086
schedule of expenditures for each expenditure category. The 2087
annual audit report must be submitted to the board, the 2088
department, and the Auditor General for review. 2089
(l) Provide for persons not employed by the corporation 2090
who are charged with the responsibility of receiving and 2091
depositing fee and fine revenues to have a faithful performance 2092
bond in such an amount and according to such terms as shall be 2093
determined in the contract. 2094
(m) Submit to the secretary, the board, and the 2095
Legislature, on or before October 1 of each year, a report on 2096
the status of the corporation which includes, but is not limited 2097
to, information concerning the programs and funds that have been 2098
transferred to the corporation. The report must include: the 2099
number of license applications received; the number approved and 2100

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denied and the number of licenses issued; the number of 2101
examinations administered and the number of applicants who 2102
passed or failed the examination; the number of complaints 2103
received; the number determined to be legally sufficient; the 2104
number dismissed; the number determined to have probable cause; 2105
the number of administrative complaints issued and the status of 2106
the complaints; and the number and nature of disciplinary 2107
actions taken by the board. 2108
(n) Develop and submit to the department, performance 2109
standards and measurable outcomes for the board to adopt by rule 2110
in order to facilitate efficient and cost-effective regulation. 2111
Section 41. For the purpose of incorporating the amendment 2112
made by this act to section 768.28, Florida Statutes, in a 2113
reference thereto, paragraph (b) of subsection (11) of section 2114
472.006, Florida Statutes, is reenacted to read: 2115
472.006 Department; powers and duties.—The department 2116
shall: 2117
(11) Provide legal counsel for the board by contracting 2118
with the Department of Legal Affairs, by retaining private 2119
counsel pursuant to s. 287.059, or by providing department staff 2120
counsel. The board shall periodically review and evaluate the 2121
services provided by its board counsel. Fees and costs of such 2122
counsel shall be paid from the General Inspection Trust Fund, 2123
subject to ss. 215.37 and 472.011. All contracts for independent 2124
legal counsel must provide for periodic review and evaluation by 2125

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the board and the department of services provided. 2126
(b) Any person retained by the department under contract 2127
to review materials, make site visits, or provide expert 2128
testimony regarding any complaint or application filed with the 2129
department relating to the practice of surveying and mapping 2130
shall be considered an agent of the department in determining 2131
the state insurance coverage and sovereign immunity protection 2132
applicability of ss. 284.31 and 768.28. 2133
Section 42. For the purpose of incorporating the amendment 2134
made by this act to section 768.28, Florida Statutes, in a 2135
reference thereto, subsection (7) of section 497.167, Florida 2136
Statutes, is reenacted to read: 2137
497.167 Administrative matters.— 2138
(7) Any person retained by the department under contract 2139
to review materials, make site visits, or provide expert 2140
testimony regarding any complaint or application filed with the 2141
department, relating to regulation under this chapter, shall be 2142
considered an agent of the department in determining the state 2143
insurance coverage and sovereign immunity protection 2144
applicability of ss. 284.31 and 768.28. 2145
Section 43. For the purpose of incorporating the amendment 2146
made by this act to section 768.28, Florida Statutes, in a 2147
reference thereto, subsection (2) of section 513.118, Florida 2148
Statutes, is reenacted to read: 2149
513.118 Conduct on premises; refusal of service.— 2150

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(2) The operator of a recreational vehicle park may 2151
request that a transient guest or visitor who violates 2152
subsection (1) leave the premises immediately. A person who 2153
refuses to leave the premises commits the offense of trespass as 2154
provided in s. 810.08, and the operator may call a law 2155
enforcement officer to have the person and his or her property 2156
removed under the supervision of the officer. A law enforcement 2157
officer is not liable for any claim involving the removal of the 2158
person or property from the recreational vehicle park under this 2159
section, except as provided in s. 768.28. If conditions do not 2160
allow for immediate removal of the person's property, he or she 2161
may arrange a reasonable time, not to exceed 48 hours, with the 2162
operator to come remove the property, accompanied by a law 2163
enforcement officer. 2164
Section 44. For the purpose of incorporating the amendment 2165
made by this act to section 768.28, Florida Statutes, in a 2166
reference thereto, subsection (1) of section 548.046, Florida 2167
Statutes, is reenacted to read: 2168
548.046 Physician's attendance at match; examinations; 2169
cancellation of match.— 2170
(1) The commission, or the commission representative, 2171
shall assign to each match at least one physician who shall 2172
observe the physical condition of the participants and advise 2173
the commissioner or commission representative in charge and the 2174
referee of the participants' conditions before, during, and 2175

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after the match. The commission shall establish a schedule of 2176
fees for the physician's services. The physician's fee shall be 2177
paid by the promoter of the match attended by the physician. The 2178
physician shall be considered an agent of the commission in 2179
determining the state insurance coverage and sovereign immunity 2180
protection applicability of ss. 284.31 and 768.28. 2181
Section 45. For the purpose of incorporating the amendment 2182
made by this act to section 768.28, Florida Statutes, in a 2183
reference thereto, subsection (8) of section 556.106, Florida 2184
Statutes, is reenacted to read: 2185
556.106 Liability of the member operator, excavator, and 2186
system.— 2187
(8) Any liability of the state, its agencies, or its 2188
subdivisions which arises out of this chapter is subject to the 2189
provisions of s. 768.28. 2190
Section 46. For the purpose of incorporating the amendment 2191
made by this act to section 768.28, Florida Statutes, in a 2192
reference thereto, paragraph (e) of subsection (4) of section 2193
589.19, Florida Statutes, is reenacted to read: 2194
589.19 Creation of certain state forests; naming of 2195
certain state forests; Operation Outdoor Freedom Program.— 2196
(4) 2197
(e)1. A private landowner who provides land for 2198
designation and use as an Operation Outdoor Freedom Program 2199
hunting site shall have limited liability pursuant to s. 2200

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375.251. 2201
2. A private landowner who consents to the designation and 2202
use of land as part of the Operation Outdoor Freedom Program 2203
without compensation shall be considered a volunteer, as defined 2204
in s. 110.501, and shall be covered by state liability 2205
protection pursuant to s. 768.28, including s. 768.28(9). 2206
3. This subsection does not: 2207
a. Relieve any person of liability that would otherwise 2208
exist for deliberate, willful, or malicious injury to persons or 2209
property. 2210
b. Create or increase the liability of any person. 2211
Section 47. For the purpose of incorporating the amendment 2212
made by this act to section 768.28, Florida Statutes, in 2213
references thereto, subsections (3) and (4) of section 627.7491, 2214
Florida Statutes, are reenacted to read: 2215
627.7491 Official law enforcement vehicles; motor vehicle 2216
insurance requirements.— 2217
(3) Any suit or action brought or maintained against an 2218
employing agency for damages arising out of tort pursuant to 2219
this section, including, without limitation, any claim arising 2220
upon account of an act causing loss of property, personal 2221
injury, or death, shall be subject to the limitations provided 2222
in s. 768.28(5). 2223
(4) The requirements of this section may be met by any 2224
method authorized by s. 768.28(16). 2225

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Section 48. For the purpose of incorporating the amendment 2226
made by this act to section 768.28, Florida Statutes, in a 2227
reference thereto, paragraph (c) of subsection (2) of section 2228
723.0611, Florida Statutes, is reenacted to read: 2229
723.0611 Florida Mobile Home Relocation Corporation.— 2230
(2) 2231
(c) The corporation shall, for purposes of s. 768.28, be 2232
considered an agency of the state. Agents or employees of the 2233
corporation, members of the board of directors of the 2234
corporation, or representatives of the Division of Florida 2235
Condominiums, Timeshares, and Mobile Homes shall be considered 2236
officers, employees, or agents of the state, and actions against 2237
them and the corporation shall be governed by s. 768.28. 2238
Section 49. For the purpose of incorporating the amendment 2239
made by this act to section 768.28, Florida Statutes, in a 2240
reference thereto, subsection (5) of section 760.11, Florida 2241
Statutes, is reenacted to read: 2242
760.11 Administrative and civil remedies; construction.— 2243
(5) In any civil action brought under this section, the 2244
court may issue an order prohibiting the discriminatory practice 2245
and providing affirmative relief from the effects of the 2246
practice, including back pay. The court may also award 2247
compensatory damages, including, but not limited to, damages for 2248
mental anguish, loss of dignity, and any other intangible 2249
injuries, and punitive damages. The provisions of ss. 768.72 and 2250

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768.73 do not apply to this section. The judgment for the total 2251
amount of punitive damages awarded under this section to an 2252
aggrieved person shall not exceed $100,000. In any action or 2253
proceeding under this subsection, the court, in its discretion, 2254
may allow the prevailing party a reasonable attorney's fee as 2255
part of the costs. It is the intent of the Legislature that this 2256
provision for attorney's fees be interpreted in a manner 2257
consistent with federal case law involving a Title VII action. 2258
The right to trial by jury is preserved in any such private 2259
right of action in which the aggrieved person is seeking 2260
compensatory or punitive damages, and any party may demand a 2261
trial by jury. The commission's determination of reasonable 2262
cause is not admissible into evidence in any civil proceeding, 2263
including any hearing or trial, except to establish for the 2264
court the right to maintain the private right of action. A civil 2265
action brought under this section shall be commenced no later 2266
than 1 year after the date of determination of reasonable cause 2267
by the commission. The commencement of such action shall divest 2268
the commission of jurisdiction of the complaint, except that the 2269
commission may intervene in the civil action as a matter of 2270
right. Notwithstanding the above, the state and its agencies and 2271
subdivisions shall not be liable for punitive damages. The total 2272
amount of recovery against the state and its agencies and 2273
subdivisions shall not exceed the limitation as set forth in s. 2274
768.28(5). 2275

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Section 50. For the purpose of incorporating the amendment 2276
made by this act to section 768.28, Florida Statutes, in a 2277
reference thereto, subsection (4) of section 766.1115, Florida 2278
Statutes, is reenacted to read: 2279
766.1115 Health care providers; creation of agency 2280
relationship with governmental contractors.— 2281
(4) CONTRACT REQUIREMENTS.—A health care provider that 2282
executes a contract with a governmental contractor to deliver 2283
health care services on or after April 17, 1992, as an agent of 2284
the governmental contractor is an agent for purposes of s. 2285
768.28(9), while acting within the scope of duties under the 2286
contract, if the contract complies with the requirements of this 2287
section and regardless of whether the individual treated is 2288
later found to be ineligible. A health care provider shall 2289
continue to be an agent for purposes of s. 768.28(9) for 30 days 2290
after a determination of ineligibility to allow for treatment 2291
until the individual transitions to treatment by another health 2292
care provider. A health care provider under contract with the 2293
state may not be named as a defendant in any action arising out 2294
of medical care or treatment provided on or after April 17, 2295
1992, under contracts entered into under this section. The 2296
contract must provide that: 2297
(a) The right of dismissal or termination of any health 2298
care provider delivering services under the contract is retained 2299
by the governmental contractor. 2300

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(b) The governmental contractor has access to the patient 2301
records of any health care provider delivering services under 2302
the contract. 2303
(c) Adverse incidents and information on treatment 2304
outcomes must be reported by any health care provider to the 2305
governmental contractor if the incidents and information pertain 2306
to a patient treated under the contract. The health care 2307
provider shall submit the reports required by s. 395.0197. If an 2308
incident involves a professional licensed by the Department of 2309
Health or a facility licensed by the Agency for Health Care 2310
Administration, the governmental contractor shall submit such 2311
incident reports to the appropriate department or agency, which 2312
shall review each incident and determine whether it involves 2313
conduct by the licensee that is subject to disciplinary action. 2314
All patient medical records and any identifying information 2315
contained in adverse incident reports and treatment outcomes 2316
which are obtained by governmental entities under this paragraph 2317
are confidential and exempt from the provisions of s. 119.07(1) 2318
and s. 24(a), Art. I of the State Constitution. 2319
(d) Patient selection and initial referral must be made by 2320
the governmental contractor or the provider. Patients may not be 2321
transferred to the provider based on a violation of the 2322
antidumping provisions of the Omnibus Budget Reconciliation Act 2323
of 1989, the Omnibus Budget Reconciliation Act of 1990, or 2324
chapter 395. 2325

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(e) If emergency care is required, the patient need not be 2326
referred before receiving treatment, but must be referred within 2327
48 hours after treatment is commenced or within 48 hours after 2328
the patient has the mental capacity to consent to treatment, 2329
whichever occurs later. 2330
(f) The provider is subject to supervision and regular 2331
inspection by the governmental contractor. 2332
(g) As an agent of the governmental contractor for 2333
purposes of s. 768.28(9), while acting within the scope of 2334
duties under the contract, a health care provider licensed under 2335
chapter 466 may allow a patient, or a parent or guardian of the 2336
patient, to voluntarily contribute a monetary amount to cover 2337
costs of dental laboratory work related to the services provided 2338
to the patient. This contribution may not exceed the actual cost 2339
of the dental laboratory charges. 2340
2341
A governmental contractor that is also a health care provider is 2342
not required to enter into a contract under this section with 2343
respect to the health care services delivered by its employees. 2344
Section 51. For the purpose of incorporating the amendment 2345
made by this act to section 768.28, Florida Statutes, in a 2346
reference thereto, subsection (2) of section 766.112, Florida 2347
Statutes, is reenacted to read: 2348
766.112 Comparative fault.— 2349
(2) In an action for damages for personal injury or 2350

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wrongful death arising out of medical negligence, whether in 2351
contract or tort, when an apportionment of damages pursuant to 2352
s. 768.81 is attributed to a board of trustees of a state 2353
university, the court shall enter judgment against the board of 2354
trustees on the basis of the board's percentage of fault and not 2355
on the basis of the doctrine of joint and several liability. The 2356
sole remedy available to a claimant to collect a judgment or 2357
settlement against a board of trustees, subject to the 2358
provisions of this subsection, shall be pursuant to s. 768.28. 2359
Section 52. For the purpose of incorporating the amendment 2360
made by this act to section 768.28, Florida Statutes, in a 2361
reference thereto, subsection (3) of section 768.1355, Florida 2362
Statutes, is reenacted to read: 2363
768.1355 Florida Volunteer Protection Act.— 2364
(3) Members of elected or appointed boards, councils, and 2365
commissions of the state, counties, municipalities, authorities, 2366
and special districts shall incur no civil liability and shall 2367
have immunity from suit as provided in s. 768.28 for acts or 2368
omissions by members relating to members' conduct of their 2369
official duties. It is the intent of the Legislature to 2370
encourage our best and brightest people to serve on elected and 2371
appointed boards, councils, and commissions. 2372
Section 53. For the purpose of incorporating the amendment 2373
made by this act to section 768.28, Florida Statutes, in a 2374
reference thereto, subsection (7) of section 768.1382, Florida 2375

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Statutes, is reenacted to read: 2376
768.1382 Streetlights, security lights, and other similar 2377
illumination; limitation on liability.— 2378
(7) In the event that there is any conflict between this 2379
section and s. 768.81, or any other section of the Florida 2380
Statutes, this section shall control. Further, nothing in this 2381
section shall impact or waive any provision of s. 768.28. 2382
Section 54. For the purpose of incorporating the amendment 2383
made by this act to section 768.28, Florida Statutes, in a 2384
reference thereto, subsection (4) of section 768.295, Florida 2385
Statutes, is reenacted to read: 2386
768.295 Strategic Lawsuits Against Public Participation 2387
(SLAPP) prohibited.— 2388
(4) A person or entity sued by a governmental entity or 2389
another person in violation of this section has a right to an 2390
expeditious resolution of a claim that the suit is in violation 2391
of this section. A person or entity may move the court for an 2392
order dismissing the action or granting final judgment in favor 2393
of that person or entity. The person or entity may file a motion 2394
for summary judgment, together with supplemental affidavits, 2395
seeking a determination that the claimant's or governmental 2396
entity's lawsuit has been brought in violation of this section. 2397
The claimant or governmental entity shall thereafter file a 2398
response and any supplemental affidavits. As soon as 2399
practicable, the court shall set a hearing on the motion, which 2400

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shall be held at the earliest possible time after the filing of 2401
the claimant's or governmental entity's response. The court may 2402
award, subject to the limitations in s. 768.28, the party sued 2403
by a governmental entity actual damages arising from a 2404
governmental entity's violation of this section. The court shall 2405
award the prevailing party reasonable attorney fees and costs 2406
incurred in connection with a claim that an action was filed in 2407
violation of this section. 2408
Section 55. For the purpose of incorporating the amendment 2409
made by this act to section 768.28, Florida Statutes, in a 2410
reference thereto, section 946.5026, Florida Statutes, is 2411
reenacted to read: 2412
946.5026 Sovereign immunity in tort actions.—The 2413
provisions of s. 768.28 shall be applicable to the corporation 2414
established under this part, which is deemed to be a corporation 2415
primarily acting as an instrumentality of the state. 2416
Section 56. For the purpose of incorporating the amendment 2417
made by this act to section 768.28, Florida Statutes, in a 2418
reference thereto, subsection (3) of section 946.514, Florida 2419
Statutes, is reenacted to read: 2420
946.514 Civil rights of inmates; inmates not state 2421
employees; liability of corporation for inmate injuries.— 2422
(3) The corporation is liable for inmate injury to the 2423
extent specified in s. 768.28; however, the members of the board 2424
of directors are not individually liable to any inmate for any 2425

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injury sustained in any correctional work program operated by 2426
the corporation. 2427
Section 57. For the purpose of incorporating the amendment 2428
made by this act to section 768.28, Florida Statutes, in a 2429
reference thereto, subsection (8) of section 961.06, Florida 2430
Statutes, is reenacted to read: 2431
961.06 Compensation for wrongful incarceration.— 2432
(8) Any payment made under this act does not constitute a 2433
waiver of any defense of sovereign immunity or an increase in 2434
the limits of liability on behalf of the state or any person 2435
subject to s. 768.28 or any other law. 2436
Section 58. For the purpose of incorporating the amendment 2437
made by this act to section 768.28, Florida Statutes, in a 2438
reference thereto, subsection (3) of section 984.09, Florida 2439
Statutes, is reenacted to read: 2440
984.09 Punishment for contempt of court; alternative 2441
sanctions.— 2442
(3) ALTERNATIVE SANCTIONS.—Upon determining that a child 2443
has committed direct contempt of court or indirect contempt of a 2444
valid court order, the court may immediately request the circuit 2445
alternative sanctions coordinator to recommend the most 2446
appropriate available alternative sanction and shall order the 2447
child to perform up to 50 hours of community service or a 2448
similar alternative sanction, unless an alternative sanction is 2449
unavailable or inappropriate, or unless the child has failed to 2450

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comply with a prior alternative sanction. Alternative contempt 2451
sanctions may be provided by local industry or by any nonprofit 2452
organization or any public or private business or service entity 2453
that has entered into a contract with the department to act as 2454
an agent of the state to provide voluntary supervision of 2455
children on behalf of the state in exchange for the labor of 2456
children and limited immunity in accordance with s. 768.28(11). 2457
Section 59. For the purpose of incorporating the amendment 2458
made by this act to section 768.28, Florida Statutes, in a 2459
reference thereto, paragraph (h) of subsection (12) of section 2460
1002.33, Florida Statutes, is reenacted to read: 2461
1002.33 Charter schools.— 2462
(12) EMPLOYEES OF CHARTER SCHOOLS.— 2463
(h) For the purposes of tort liability, the charter 2464
school, including its governing body and employees, shall be 2465
governed by s. 768.28. This paragraph does not include any for-2466
profit entity contracted by the charter school or its governing 2467
body. 2468
Section 60. For the purpose of incorporating the amendment 2469
made by this act to section 768.28, Florida Statutes, in a 2470
reference thereto, paragraph (b) of subsection (6) of section 2471
1002.333, Florida Statutes, is reenacted to read: 2472
1002.333 Persistently low-performing schools.— 2473
(6) STATUTORY AUTHORITY.— 2474
(b) For the purposes of tort liability, the hope operator, 2475

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the school of hope, and its employees or agents shall be 2476
governed by s. 768.28. The sponsor shall not be liable for civil 2477
damages under state law for the employment actions or personal 2478
injury, property damage, or death resulting from an act or 2479
omission of a hope operator, the school of hope, or its 2480
employees or agents. This paragraph does not include any for-2481
profit entity contracted by the charter school or its governing 2482
body. 2483
Section 61. For the purpose of incorporating the amendment 2484
made by this act to section 768.28, Florida Statutes, in a 2485
reference thereto, subsection (17) of section 1002.34, Florida 2486
Statutes, is reenacted to read: 2487
1002.34 Charter technical career centers.— 2488
(17) IMMUNITY.—For the purposes of tort liability, the 2489
governing body and employees of a center are governed by s. 2490
768.28. 2491
Section 62. For the purpose of incorporating the amendment 2492
made by this act to section 768.28, Florida Statutes, in a 2493
reference thereto, subsection (2) of section 1002.37, Florida 2494
Statutes, is reenacted to read: 2495
1002.37 The Florida Virtual School.— 2496
(2) The Florida Virtual School shall be governed by a 2497
board of trustees comprised of seven members appointed by the 2498
Governor to 4-year staggered terms. The board of trustees shall 2499
be a public agency entitled to sovereign immunity pursuant to s. 2500

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768.28, and board members shall be public officers who shall 2501
bear fiduciary responsibility for the Florida Virtual School. 2502
The board of trustees shall have the following powers and 2503
duties: 2504
(a)1. The board of trustees shall meet at least 4 times 2505
each year, upon the call of the chair, or at the request of a 2506
majority of the membership. 2507
2. The fiscal year for the Florida Virtual School shall be 2508
the state fiscal year as provided in s. 216.011(1)(q). 2509
(b) The board of trustees shall be responsible for the 2510
Florida Virtual School's development of a state-of-the-art 2511
technology-based education delivery system that is cost-2512
effective, educationally sound, marketable, and capable of 2513
sustaining a self-sufficient delivery system through the Florida 2514
Education Finance Program. 2515
(c) The board of trustees shall aggressively seek avenues 2516
to generate revenue to support its future endeavors, and shall 2517
enter into agreements with distance learning providers. The 2518
board of trustees may acquire, enjoy, use, and dispose of 2519
patents, copyrights, and trademarks and any licenses and other 2520
rights or interests thereunder or therein. Ownership of all such 2521
patents, copyrights, trademarks, licenses, and rights or 2522
interests thereunder or therein shall vest in the state, with 2523
the board of trustees having full right of use and full right to 2524
retain the revenues derived therefrom. Any funds realized from 2525

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patents, copyrights, trademarks, or licenses shall be considered 2526
internal funds as provided in s. 1011.07. Such funds shall be 2527
used to support the school's marketing and research and 2528
development activities in order to improve courseware and 2529
services to its students. 2530
(d) The board of trustees shall be responsible for the 2531
administration and control of all local school funds derived 2532
from all activities or sources and shall prescribe the 2533
principles and procedures to be followed in administering these 2534
funds. 2535
(e) The Florida Virtual School may accrue supplemental 2536
revenue from supplemental support organizations, which include, 2537
but are not limited to, alumni associations, foundations, 2538
parent-teacher associations, and booster associations. The 2539
governing body of each supplemental support organization shall 2540
recommend the expenditure of moneys collected by the 2541
organization for the benefit of the school. Such expenditures 2542
shall be contingent upon the review of the executive director. 2543
The executive director may override any proposed expenditure of 2544
the organization that would violate Florida law or breach sound 2545
educational management. 2546
(f) In accordance with law and rules of the State Board of 2547
Education, the board of trustees shall administer and maintain 2548
personnel programs for all employees of the board of trustees 2549
and the Florida Virtual School. The board of trustees may adopt 2550

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rules, policies, and procedures related to the appointment, 2551
employment, and removal of personnel. 2552
1. The board of trustees shall determine the compensation, 2553
including salaries and fringe benefits, and other conditions of 2554
employment for such personnel. 2555
2. The board of trustees may establish and maintain a 2556
personnel loan or exchange program by which persons employed by 2557
the board of trustees for the Florida Virtual School as academic 2558
administrative and instructional staff may be loaned to, or 2559
exchanged with persons employed in like capacities by, public 2560
agencies either within or without this state, or by private 2561
industry. With respect to public agency employees, the program 2562
authorized by this subparagraph shall be consistent with the 2563
requirements of part II of chapter 112. The salary and benefits 2564
of board of trustees personnel participating in the loan or 2565
exchange program shall be continued during the period of time 2566
they participate in a loan or exchange program, and such 2567
personnel shall be deemed to have no break in creditable or 2568
continuous service or employment during such time. The salary 2569
and benefits of persons participating in the personnel loan or 2570
exchange program who are employed by public agencies or private 2571
industry shall be paid by the originating employers of those 2572
participants, and such personnel shall be deemed to have no 2573
break in creditable or continuous service or employment during 2574
such time. 2575

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3. The employment of all Florida Virtual School academic 2576
administrative and instructional personnel shall be subject to 2577
rejection for cause by the board of trustees, and shall be 2578
subject to policies of the board of trustees relative to 2579
certification, tenure, leaves of absence, sabbaticals, 2580
remuneration, and such other conditions of employment as the 2581
board of trustees deems necessary and proper, not inconsistent 2582
with law. 2583
4. Each person employed by the board of trustees in an 2584
academic administrative or instructional capacity with the 2585
Florida Virtual School shall be entitled to a contract as 2586
provided by rules of the board of trustees. 2587
5. All employees except temporary, seasonal, and student 2588
employees may be state employees for the purpose of being 2589
eligible to participate in the Florida Retirement System and 2590
receive benefits. The classification and pay plan, including 2591
terminal leave and other benefits, and any amendments thereto, 2592
shall be subject to review and approval by the Department of 2593
Management Services and the Executive Office of the Governor 2594
prior to adoption. 2595
(g) The board of trustees shall establish priorities for 2596
admission of students in accordance with paragraph (1)(b). 2597
(h) The board of trustees shall establish and distribute 2598
to all school districts and high schools in the state procedures 2599
for enrollment of students in courses offered by the Florida 2600

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Virtual School. 2601
(i) The board of trustees shall establish criteria 2602
defining the elements of an approved franchise. The board of 2603
trustees may enter into franchise agreements with Florida 2604
district school boards and may establish the terms and 2605
conditions governing such agreements. The board of trustees 2606
shall establish the performance and accountability measures and 2607
report the performance of each school district franchise to the 2608
Commissioner of Education. 2609
(j) The board of trustees shall submit to the State Board 2610
of Education both forecasted and actual enrollments and credit 2611
completions for the Florida Virtual School, according to 2612
procedures established by the State Board of Education. At a 2613
minimum, such procedures must include the number of public, 2614
private, and home education students served by program and by 2615
county of residence. 2616
(k) The board of trustees shall provide for the content 2617
and custody of student and employee personnel records. Student 2618
records shall be subject to the provisions of s. 1002.22. 2619
Employee records shall be subject to the provisions of s. 2620
1012.31. 2621
(l) The financial records and accounts of the Florida 2622
Virtual School shall be maintained under the direction of the 2623
board of trustees and under rules adopted by the State Board of 2624
Education for the uniform system of financial records and 2625

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accounts for the schools of the state. 2626
2627
The Governor shall designate the initial chair of the board of 2628
trustees to serve a term of 4 years. Members of the board of 2629
trustees shall serve without compensation, but may be reimbursed 2630
for per diem and travel expenses pursuant to s. 112.061. The 2631
board of trustees shall be a body corporate with all the powers 2632
of a body corporate and such authority as is needed for the 2633
proper operation and improvement of the Florida Virtual School. 2634
The board of trustees is specifically authorized to adopt rules, 2635
policies, and procedures, consistent with law and rules of the 2636
State Board of Education related to governance, personnel, 2637
budget and finance, administration, programs, curriculum and 2638
instruction, travel and purchasing, technology, students, 2639
contracts and grants, and property as necessary for optimal, 2640
efficient operation of the Florida Virtual School. Tangible 2641
personal property owned by the board of trustees shall be 2642
subject to the provisions of chapter 273. 2643
Section 63. For the purpose of incorporating the amendment 2644
made by this act to section 768.28, Florida Statutes, in a 2645
reference thereto, paragraph (l) of subsection (3) of section 2646
1002.55, Florida Statutes, is reenacted to read: 2647
1002.55 School-year prekindergarten program delivered by 2648
private prekindergarten providers.— 2649
(3) To be eligible to deliver the prekindergarten program, 2650

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a private prekindergarten provider must meet each of the 2651
following requirements: 2652
(l) Notwithstanding paragraph (j), for a private 2653
prekindergarten provider that is a state agency or a subdivision 2654
thereof, as defined in s. 768.28(2), the provider must agree to 2655
notify the coalition of any additional liability coverage 2656
maintained by the provider in addition to that otherwise 2657
established under s. 768.28. The provider shall indemnify the 2658
coalition to the extent permitted by s. 768.28. Notwithstanding 2659
paragraph (j), for a child development program that is 2660
accredited by a national accrediting body and operates on a 2661
military installation that is certified by the United States 2662
Department of Defense, the provider may demonstrate liability 2663
coverage by affirming that it is subject to the Federal Tort 2664
Claims Act, 28 U.S.C. ss. 2671 et seq. 2665
Section 64. For the purpose of incorporating the amendment 2666
made by this act to section 768.28, Florida Statutes, in a 2667
reference thereto, subsection (10) of section 1002.83, Florida 2668
Statutes, is reenacted to read: 2669
1002.83 Early learning coalitions.— 2670
(10) For purposes of tort liability, each member or 2671
employee of an early learning coalition shall be governed by s. 2672
768.28. 2673
Section 65. For the purpose of incorporating the amendment 2674
made by this act to section 768.28, Florida Statutes, in a 2675

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reference thereto, paragraph (p) of subsection (1) of section 2676
1002.88, Florida Statutes, is reenacted to read: 2677
1002.88 School readiness program provider standards; 2678
eligibility to deliver the school readiness program.— 2679
(1) To be eligible to deliver the school readiness 2680
program, a school readiness program provider must: 2681
(p) Notwithstanding paragraph (m), for a provider that is 2682
a state agency or a subdivision thereof, as defined in s. 2683
768.28(2), agree to notify the coalition of any additional 2684
liability coverage maintained by the provider in addition to 2685
that otherwise established under s. 768.28. The provider shall 2686
indemnify the coalition to the extent permitted by s. 768.28. 2687
Notwithstanding paragraph (m), for a child development program 2688
that is accredited by a national accrediting body and operates 2689
on a military installation that is certified by the United 2690
States Department of Defense, the provider may demonstrate 2691
liability coverage by affirming that it is subject to the 2692
Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 2693
Section 66. For the purpose of incorporating the amendment 2694
made by this act to section 768.28, Florida Statutes, in a 2695
reference thereto, subsection (1) of section 1006.24, Florida 2696
Statutes, is reenacted to read: 2697
1006.24 Tort liability; liability insurance.— 2698
(1) Each district school board shall be liable for tort 2699
claims arising out of any incident or occurrence involving a 2700

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school bus or other motor vehicle owned, maintained, operated, 2701
or used by the district school board to transport persons, to 2702
the same extent and in the same manner as the state or any of 2703
its agencies or subdivisions is liable for tort claims under s. 2704
768.28, except that the total liability to persons being 2705
transported for all claims or judgments of such persons arising 2706
out of the same incident or occurrence shall not exceed an 2707
amount equal to $5,000 multiplied by the rated seating capacity 2708
of the school bus or other vehicle, as determined by rules of 2709
the State Board of Education, or $100,000, whichever is greater. 2710
The provisions of s. 768.28 apply to all claims or actions 2711
brought against district school boards, as authorized in this 2712
subsection. 2713
Section 67. For the purpose of incorporating the amendment 2714
made by this act to section 768.28, Florida Statutes, in a 2715
reference thereto, paragraph (b) of subsection (2) of section 2716
1006.261, Florida Statutes, is reenacted to read: 2717
1006.261 Use of school buses for public purposes.— 2718
(2) 2719
(b) For purposes of liability for negligence, state 2720
agencies or subdivisions as defined in s. 768.28(2) shall be 2721
covered by s. 768.28. Every other corporation or organization 2722
shall provide liability insurance coverage in the minimum 2723
amounts of $100,000 on any claim or judgment and $200,000 on all 2724
claims and judgments arising from the same incident or 2725

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occurrence. 2726
Section 68. This act shall take effect October 1, 2026. 2727