There will be another legislative push this year to make it easer to sue the government.
An influential House Republican has filed legislation for the 2025 legislative session that would substantially increase the amount of money people who sue the government or its agencies for injuring them can recover in damages.
Sarasota Republican Fiona McFarland filed HB 301, which would increase the state’s liability limits from the existing $200,000 per individual and $300,000 per incident to $1 million per individual and $3 million per incident. The increases would apply to causes of action that occur after Oct. 1, 2025.
McFarland’s bill would further increase the limits to $1.1 million per individual and $3.2 million per incident for causes of action occurring on or after Oct. 1, 2030.
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The legislation involves sovereign immunity, or the state’s authority to exempt itself from civil lawsuits. The state does allow negligence claims against itself and its subdivisions — agencies, cities, counties, and public hospitals — within limits.
Injured parties can sue for damages and collect within the liability thresholds established by law. Harmed persons who seek to recover amounts in excess of these limits can be paid up to an agency’s insurance limits. They can also request that the Legislature enact a claim bill to appropriate the remainder of their court-awarded judgment.
According to a legislative staff analysis, in 2023 16 claims bills were filed in the Legislature totaling about $54.1 million. Ultimately, half of those bills passed and lawmakers appropriated $20.1 million for associated damages.
Opposing sides
Hours after McFarland filed her bill, 25 lobbyists had registered to represent clients for and against the bill, including the North Broward and South Broward hospital districts, the City of Key West, City of Hollywood, UF Health Shands Hospital, and Brown & Brown insurance.
The Florida League of Cities, Florida Association of Counties, and Florida Hospital Association all previously voiced concerns about the proposed legislation. The Florida Sheriff’s Association, which in the past has opposed similar proposals, did not respond to Florida Phoenix’s request for comment.
The Florida Justice Association, representing trial attorneys, supports the proposal, though.
“This Legislature has been consistent in supporting government accountability and this legislation is consistent with that approach by allowing local governments the ability to make their own decisions about resolving cases when they cause harm,” FJA President Todd Michaels said in a statement to the Florida Phoenix.
“There is no fairness when an injured person has to fight a government entity in court, win their case at trial but then have to endure a lengthy political process that oftentimes takes decades just to receive the justice.”
Beyond the caps
McFarland’s bill does more than increase the sovereign immunity caps — it also would change the rules when it comes to claims filed against the government or its subdivisions.
For example, HB 301 bans insurance companies from conditioning payment of benefits to an injured party in whole or in part on the enactment of a claim bill. The bill amends state law to make clear that government entities can settle above the statutory limits under some circumstances without having to receive approval from the Legislature.
McFarland’s bill reduces the statute of limitations for filing a negligence claim against a government entity from four years to two years. It removes altogether the statute of limitations for sexual battery if the victim was under the age of 16 at the time of the assault.
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