House budget chair orders review of local budgets during sovereign immunity debate
State. Rep. Lawrence McClure on Thursday called for a review of county budgets — the results of which, he said, will help guide the legislative debate on appropriate payout limits for people injured by the government or its entities.
His comments came during debate on HB 301 by Rep. Fiona McFarland, which cleared the House Budget Committee with three 'no' votes. The bill heads to the Judiciary Committee next. The Senate companion, SB 1570, has been referred to three committees but has yet to be scheduled for a hearing.
The bill would increase the state's sovereign immunity limits in damages claims, taking them from $200,000 per person to $1 million and from $300,000 per occurrence to $3 million. The caps were last adjusted in 2010. The bill is opposed by the Florida League of Cities, Florida Association of Counties, the Safety Net Hospital Alliance, and insurance industry representatives, among others, who argue the proposed new limitations (a 400% increase over the existing cap for individuals and a 900% increase per occurrence) are too high.
To determine new limits that strike a balance between those who've been injured and local municipalities, McClure said, the State Administration and Budget Subcommittee should 'get into these local budgets' — examine their bottom-line increases, spending increases, and 'most importantly' the annual legislative funding requests cities and counties routinely make of legislators to fund things such as parks, improvements at local emergency operation centers, and hospital programs.
McClure asked that the subcommittee review 14 years of information.
'I think in that, we'll find the right balance we are looking for,' McClure said.
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We are more than willing, like I said, to come to the table and figure out what the appropriate number is.
– Florida League of Cities Deputy General Counsel
Sovereign immunity stems from the Latin phrase 'rex non potest peccare,' which translates to 'the king cannot commit a legal wrong.' In legal terms, it refers to the state's authority to exempt itself as a legal sovereign from civil lawsuits, although 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, but if they win awards in excess of the limits, they must go to the Legislature seeking what's called a claims bill to collect the payment.
McClure's remarks followed comments made by some committee members who worried that the proposed caps could be too high.
The members were repeating concerns raised by Florida League of Cities Deputy General Counsel and lobbyist David Cruz during public testimony on the bill. Cruz said the proposed increases come at a time when the Legislature also is considering limiting ways that local governments can collect taxes on property and from businesses.
The tandem, he said, threatens to limit cities' revenues while increasing their costs.
'And in the middle, we would be left with a significant impact to our cities. So, I would just ask, please balance the scales accordingly,' Cruz said.
Cities understand the need to increase the caps, Cruz said, but he suggested the Legislature consider doubling them to $400,00 per person and $600,00 per person, as it did in 2024. When McClure asked whether the League of Cities supported the 2024 bill (which ultimately died) Cruz acknowledged it had not. The association supported adjusting the limits to $300,000/$500,000, instead.
McClure pressed Cruz as to why the League of Cities would support the $400,000/$600,000 limits now, but Cruz didn't directly answer the question. Instead, he pitched compromise.
'We are more than willing, like I said, to come to the table and figure out what the appropriate number is. Whether we start at 400/600 or 300/500, we are happy to engage in those conversations,' Cruz said. 'We just strongly feel that 1 million/3 million is too much.'
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