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Florida Legislature Increases The Statutory Limits On Liability For Tort Claims Against The State And Its State Agencies

July 7, 2010

This article was originally published in NASP’s Subrogator Spring/Summer 2010 publication. © 2010.  Reprinted by permission.

Historically, in Florida, tort claims against the state and its state agencies have been limited to $100,000 per claim or $200,000 per occurrence. On April 27, 2010, the Florida Governor approved an amendment to Florida Statute §768.28(5) thereby increasing the limit of tort liability for claims against the state and its state agencies. While the act does not take effect until October 1, 2011, claims arising after that date will now be subject to increased limits of $200,000 per claim or $300,000 per occurrence. The Statute as amended reads in pertinent part as follows:

Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by anyone person which exceeds the sum of $200,000 or any claim of judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature.

However, should you have a claim against the state or one of its state agencies, be sure to request a disclosure of any liability insurance that may provide coverage for your claim. In some circumstances, the state or its agency can be pursued up to the limits of the insurance policy providing coverage for your claim.