Sovereign Immunity of County Constitutional Officers in Tort Actions

Plain English Breakdown

The bill did not pass and died in the Judiciary committee of the Senate.

Expanding Sovereign Immunity for County Officers

This bill changes the definition of 'state agencies or subdivisions' to include county constitutional officers when it comes to waiving sovereign immunity in tort actions.

What This Bill Does

• Changes a law about who can be sued by adding county constitutional officers.
• Expands the list of entities that are considered state agencies for legal purposes.
• Requires this change to take effect on July 1, 2026.

Who It Names or Affects

• County constitutional officers
• People who might sue these officers

Terms To Know

Sovereign Immunity

A legal protection that stops the government or its officials from being sued without their permission.

Tort Actions

Legal cases where someone sues for damages caused by another person's actions, like accidents or injuries.

Limits and Unknowns

• The bill did not pass the final stage in the Senate and died in the Judiciary committee.
• It is unclear how many county constitutional officers will be affected by this change.

Official Summary Text

Sovereign Immunity of County Constitutional Officers in Tort Actions; Expanding the definition of the term “state agencies or subdivisions” to include county constitutional officers for purposes of provisions relating to the waiver of sovereign immunity in tort actions, etc.

Current Bill Text

Florida Senate
-
2026

SB 1208

By
Senator Rodriguez

40-00682-26 20261208__
1 A bill to be entitled
2 An act relating to sovereign immunity of county
3 constitutional officers in tort actions; amending s.
4 768.28, F.S.; expanding the definition of the term
5 “state agencies or subdivisions” to include county
6 constitutional officers for purposes of provisions
7 relating to the waiver of sovereign immunity in tort
8 actions; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (2) of section 768.28, Florida
13 Statutes, is amended to read:
14 768.28 Waiver of sovereign immunity in tort actions;
15 recovery limits; civil liability for damages caused during a
16 riot; limitation on attorney fees; statute of limitations;
17 exclusions; indemnification; risk management programs.—
18 (2) As used in this act, “state agencies or subdivisions”
19 include the executive departments, the Legislature, the judicial
20 branch (including public defenders),
county constitutional

21
officers,
and the independent establishments of the state,
22 including state university boards of trustees; counties and
23 municipalities; and corporations primarily acting as
24 instrumentalities or agencies of the state, counties, or
25 municipalities, including the Florida Space Authority.
26 Section 2. This act shall take effect July 1, 2026.