Bill would gradually increase sovereign immunity limits for government liability
Rep. Fiona McFarland
A Southwest Florida lawmaker is reviving an attempt to reform Florida’s “sovereign immunity” laws that limit damage awards for victims of government negligence.
Rep. Fiona McFarland, R-Sarasota, filed HB 145 earlier this month.
HB 145 would raise sovereign immunity caps in multiple phases, from $200,000 per individual to as high as $600,000 per individual, and $300,000 per incident to $1.2 million per incident, after October 1, 2031.
“Sovereign immunity” refers to the divine right of kings and is designed to protect governments from lawsuits. It requires plaintiffs to seek legislative approval for damages that exceed the caps through the passage of a “claims” bill.
HB 145 would also permit local governments to negotiate settlements that exceed the caps without seeking legislative approval. Insurance companies would be prohibited from conditioning coverage on the passage of a claims bill. The measure would also reduce the time frame for filing claims, with exceptions.
Supporters note that injured plaintiffs can wait years for a claims bill to clear the Legislature.
A legislative staff analysis shows that in 2023, lawmakers filed 16 claims bills totaling about $54.1 million. Lawmakers later appropriated $20.1 million after approving just half of the bills.
McFarland filed HB 301, a similar proposal, last session. It cleared the House 103-11 on April 16. The proposal died after a companion, SB 1570 by Sen. Nick DiCeglie, R-Indian Rocks Beach, failed to receive a hearing.
In 2024, McFarland filed HB 569. It would have doubled the caps to $400,000 per individual and $600,000 per incident.
Lawmakers from both parties have attempted to amend the system for years. Supporters argue that the caps haven’t been raised since 2010, despite inflation and significant increases in the cost of health care.
The Florida League of Cities warned earlier this year that a proposal to raise the per-incident cap to $3 million would allow a single lawsuit to wipe out one of its smallest members, a city with a $5 million annual budget.
Bob Harris, general counsel for the Panhandle Area Education Consortium, said his collection of mostly rural Northwest Florida school districts would see their liability insurance skyrocket.
“We simply cannot afford it,” he said.
Gainesville civil trial attorney Julie Fine told lawmakers earlier this year that the system is unfair to a severely injured client who was struggling to repay student loans after being struck by a university vehicle in a pedestrian crosswalk.
“They denied responsibility because they knew they were capped on their liability,” Fine said.
McFarland, a small business owner and Navy veteran, told a House panel that she was determined to find a solution.
“I’m strong, but I’m not strong enough to hear all of these stories and not do something about it,” she said.
HB 145 currently has no companion. It faces hearings in the Civil Justice and Claims Subcommittee, the Budget Committee, and Judiciary.
The 60-day regular session convenes January 13.
