Senate sovereign immunity measure clears appropriations
Sen. Jason Brodeur
A compromise proposal to reform Florida’s sovereign immunity system is moving in the Senate, but sponsors acknowledge that it remains a moving target.
The Senate Appropriations Committee voted February 12 to approved SB 1366 by Sen. Jason Brouder, R-Sanford.
“This bill updates liability standards to reflect economic realities while maintaining fiscal responsibility,” Brodeur said.
The bill seeks to reform a system for resolving claims against government entities that is designed to balance the rights of taxpayers and injured victims by capping damage awards.
Recovering damages that exceed the caps requires the Legislature’s permission through the passage of a “claims bill.”
Many lawmakers agree that the caps, which were last adjusted in 2010, are outdated. But an agreement on how much to increase the caps has eluded lawmakers for the past several years.
SB 1336 would raise existing $200,000 per person and $300,000 per incident caps to $300,000 and $450,000 respectively, for claims filed after October 1 of this year.
Beginning July 1, 2031, the caps would be adjusted based on the Consumer Price Index, and every five years after, but increases would be limited to 3%.
The bill would also cap attorney fees at 25%, Brodeur noted.
The House voted overwhelmingly last month to approve HB 145 by Rep. Fiona MacFarland, R-Sarasota. It would raise the caps significantly higher, to $500,000 and $1 million, respectively.
The House version would increase the caps again, to $600,000 and $1.2 million, respectively, after October 1, 2030.
The House version also permits local governments to negotiate settlements that exceed the caps and does not include a cap on attorney fees.
County and city governments, charity hospitals, and rural schools have successfully fought the reforms for the past several years.
But Gulf Port Councilwoman Marlene Shaw told the committee that the Suncoast League of Cities supports the Senate version. The group represents 27 cities and 1 million residents in Pinellas, Pasco, and Hillsborough counties, Shaw said.
“Tying the caps to the CPI is an important step to putting this issue to bed, we hope,” she said.
Shaw said the league remains opposed to the House version and urged the Senate sponsors to hold firm on his position.
The rural school districts east of Tallahassee that belong to the Panhandle Area Education Consortium would prefer the caps to remain the same, but support the Senate compromise, said the group’s attorney, Bob Harris.
“It’s reasonable, and we understand that, and I had to explain that to my clients,” Harris said. “Instead of battling this every year, I think this is a reasonable approach.”
Sen. Erin Grall, R-Vero Beach and an attorney, warned Brouder that capping plaintiff’s attorney fees will put injured parties at too big of a disadvantage.
“The fee section is concerning,” she said. “It takes away the ability for that attorney to know, if they are successful, what their recovery would be.”
SB 1366 cleared Senate Judiciary 11-0 earlier this month.
It faces one more hearing, in Senate Rules.
Brouder pledged to continue meeting with stakeholders and suggested the sovereign immunity caps and attorney fee provision would likely be revised.
“There are going to be a couple of places in this bill that we’re going to have to change,” he said.
