Florida House Passes Bill to Raise Government Liability Caps in Injury Lawsuits

by | Apr 16, 2025

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The Florida House on Wednesday approved legislation that would allow municipal entities to pay significantly more in personal injury and wrongful death lawsuits, voting 103-11 in favor of the measure.

The bill, sponsored by Rep. Fiona McFarland, raises the statutory limits on damages that individuals can recover when suing state and local governments. The limits, known as sovereign immunity caps, have been in place since 2010. Under current law, claimants can receive no more than $200,000 per person and $300,000 per incident unless the Legislature passes a separate claims bill.

If enacted, the legislation would raise those caps to $500,000 per person and $1 million per incident for claims that accrue between October 1, 2025, and September 30, 2030. For claims accruing on or after October 1, 2030, the caps would increase again to $600,000 per person and $1.1 million per incident.

The bill also gives local governments more flexibility in handling lawsuits. It authorizes cities, counties, school districts, and special districts to settle claims above the statutory limits without going through the legislative claims bill process. State agencies would be allowed to do the same if the higher amount is covered by insurance.

In addition to financial changes, the legislation shortens the timeline for filing claims. Individuals would have 18 months—down from three years—to notify a government agency of most claims, including wrongful death. The general statute of limitations for negligence lawsuits against the government would be reduced from four years to two. For sexual battery claims involving victims under the age of 16, there would be no time limit to file a claim, though the change would not revive cases that are already time-barred.

The bill also shortens the response window for agencies to resolve claims. Currently, if an agency does not respond within six months of receiving notice, the claim is considered denied. Under the new measure, that window would shrink to four months. In cases involving medical malpractice or wrongful death, the response period would remain at 90 days.

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