House Republican wants to make it easier to sue state and local governments

One of the most closely tracked bills of 2024 is poised for a comeback in the 2025 session.

Rep. Fiona McFarland, a Sarasota Republican, told the Florida Phoenix she plans to file a bill by the end of the week that would make it easier to sue the state and its political subdivisions.

While she’s still working out the details, McFarland told the Phoenix, she has already had conversations with some of the lobbying organizations that would be most affected by the proposal in hopes of getting them to support her efforts. The regular session opens on March 4.

She isn’t optimistic, though.

“I don’t think there’s any sovereign immunity bill that the League of Cities, Association of Counties, or the hospitals will support,” McFarland said Monday as the Legislature convened in special session.

She may not be wrong.

“What we are trying to balance is the ability of public hospitals to continue to provide high-quality access to care for as many patients as possible, and they're committed to doing that. So, when we see legislation that may impact that, obviously, we’re going to analyze that and look at them with them. And I can’t say enough that they’ve had an open-door policy and have been willing to work with us. But, yes, we do have concerns when you see that increase [in liability caps],” David Mica Jr., senior vice president of the Florida Hospital Association, said.

Sovereign immunity refers to the state’s authority to exempt itself 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. Harmed persons who seek to recover amounts in excess of these limits can be paid up to 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 damages associated with the claims.

Been a long time

The caps were last increased by the Legislature in 2010 and amount to $200,000 per individual and $300,00 per incident.

McFarland, in 2024, filed HB 569, which would have doubled the caps to $400,000 per individual and $600,000 per incident. Her bill would have allowed the caps to be readjusted annually based on inflation. Sen. Jason Brodeur, a Republican from Sanford, sponsored the Senate companion measure, SB 472.

While the proposals may not have been headline-grabbing, they were the top-tracked legislation by LobbyTools’ subscribers at the midway point of the 2024 session. LobbyTools is a subscription-based legislative tracking service used by lobbyists.

“Our members would prefer to keep the caps where they are,” Florida League of Cities legislative counsel David Cruz told the Florida Phoenix.  He added: “But we are willing to come to the table.”

Cragin Mosteller, a spokesperson for the Florida Association of Counties, said her group also is willing to work with legislators “to find mutually agreeable legislation.”

At press time, McFarland had not filed her legislation.

Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.