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FL H7123

Bill

Status

Failed

5/3/2013

Primary Sponsor

Select Committee on Claim Bills

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

HB 7123 Summary: Florida Fair Claims Act

  • Renames section 768.28 the "Florida Fair Claims Act" and revises procedures for tort claims against state and local governments, with amendments applicable to causes of action filed on or after October 1, 2013.

  • Increases damage liability caps for political subdivisions from $100,000/$200,000 to $1,000,000/$1,500,000 per person/incident, with annual adjustments based on Consumer Price Index for Southeastern United States.

  • Authorizes political subdivisions to purchase insurance or self-insure at three times the liability cap to avoid claim bills; insured entities are liable only for deductibles and may not be pursued for excess damages unless insurer acts in bad faith.

  • Requires judges to hold separate bench trials to determine damages after jury finds liability; mandates future medical damages be paid into special needs trusts and other future damages into trusts with annual distributions per judge's order.

  • Establishes new lobbyist registration requirements for claim bills, including disclosure of client identity and prohibition on representing multiple clients or adverse clients without written consent from all parties.

Legislative Description

Sovereign Immunity

Last Action

Died in Appropriations Committee

5/3/2013

Committee Referrals

Appropriations3/28/2013

Full Bill Text

No bill text available