Governor vetoes sovereign immunity overhaul, cites litigation concerns

Expressing concerns about meritless lawsuits, Gov. Ron DeSantis on June 30 vetoed a bill proposing changes to Florida’s sovereign immunity law.

For the first time in more than a decade, HB 145 would have raised $200,000 per person and $300,000 per incident caps on damages that can be awarded to victims of government negligence without first seeking the Legislature’s approval. The House voted 108-1 to approve the compromise measure, by Rep. Fiona McFarland, R-Sarasota, on March 12.

At a budget signing ceremony on Monday, DeSantis told reporters that the proposed reforms would encourage meritless lawsuits.

He also noted that local government budgets could be severely reduced by a property tax cut proposal on the November ballot.

“I have no question, no doubt that that would happen,” he said, referring to meritless litigation. “So, we’ll veto that, and, and also just with the local government property tax argument, you know, why would I want to impose more burdens on them?”

HB 145 would have increased the caps to $350,000 and $500,000 respectively.

In addition to raising the caps, legislators had proposed authorizing local governments to settle lawsuits for amounts that exceed the caps.

Local governments, charity hospitals, and a consortium of rural school districts fought the proposed reforms, saying they couldn’t afford increased liability premiums.

Gulf Port Councilwoman Marlene Shaw told a Senate committee earlier this year that the Suncoast League of Cities could support a Senate version that proposed setting the caps at $300,000 and $400,000 respectively. The League represents 27 cities and 1 million residents in Pinellas, Pasco and Hillsborough counties.

Under the current system, injured plaintiffs must find a lawmaker to sponsor a “claims” bill to recover any damage awards that exceed the caps.

Proponents noted it can take years for a claims bill to pass the Legislature and often requires injured parties to hire a lobbyist.