Articles

Legislative Update

04/11/25

SB 0066 – F.S. 112.1816 Firefighter Cancer Amendment

The State Legislature is drafting a bill (SB 0066) that, if passed, will provide another cancer to the current list of 21 cancers already covered under F.S. 112.1816.  The bill is still in the committee stages, but if passed, this amended portion will become effective July 1, 2025.

HB 0749 – F.S. 112.191 Firefighters; death benefits Amendment

The State Legislature is drafting a bill (HB 0749) that, if passed, will provide a separate and distinct avenue of recovery for certain firefighter benefits already covered under F.S. 112.191.  The amendment states that “…the injury must have occurred during an official training exercise in which the firefighter became totally and permanently disabled.”  This, again, is in addition to the already existing statutory language.  The bill is still in the committee stages, but if passed, this amended portion will become effective July 1, 2025.

04/09/25

HB 302 - Sovereign Immunity

Was amended to significantly limit the amounts of recoverable damages planned and phases them in over five years. Under the amended bill, the sovereign immunity limits would be increased to $500,000 per person and $1 million per incident for claims accruing on or after Oct. 1, 2025. The caps increase to $600,000 per person and $1.1 million per occurrence for claims that accrue on or after Oct. 1, 2030.

The existing sovereign immunity caps are set at $200,000 per person and $300,000 per occurrence and were last altered in 2010. The original bill would have increased the caps to $1 million per person and $3 million per occurrence. It is important to note that the bill still has language allowing political subdivisions to settle cases beyond the sovereign immunity limits without having to obtain legislative approval. It also prohibits insurance companies from conditioning payment of settlements on enactment of claims bills.

Although the amendment increases the cap, it isn’t as extraordinary as the original $1 million/$3 million proposal.  The Senate has yet to consider the companion bill, SB 1570, by Sen. DiCeglie.  Further, Rep. McFarland said the Senate has not agreed to her amendment.

Hold Harmless Versus Indemnification Agreements

Thank you to our friends at The Beacon Group for passing along the following: