To veto or not? All eyes are on Gov. DeSantis, sovereign immunity bill

Gov. Ron DeSantis, who recently pushed for a major overhaul of property taxes paid to cities and counties, will soon decide whether to increase the amount of money local governments and the state must pay out in negligence lawsuits.

The Legislature sent HB 145 to DeSantis on June 15. The Governor has until June 30 to sign it, veto it, or allow the bill to become law without his signature.

HB 145 was one of the most hotly contested pieces of legislation during the 2026 Regular Session, attracting hundreds of lobbyist registrations.

And at least two organizations have sent correspondence to the Governor requesting that he veto the bill. Fourteen Superintendents signed on to an April 2 veto letter from the Florida Panhandle Area Education Consortium (PAEC) requesting DeSantis to veto the legislation due to the “significant fiscal impact” it would have on the school districts if it were to become law.

“PAEC’s member districts operate within constrained local tax bases and narrow budget margins, leaving them with limited ability to absorb sudden financial liabilities. While we recognize the importance of ensuring fairness in the claims process, the increases to sovereign immunity caps contained in this legislation would create serious financial exposure for districts that are least equipped to manage it. For many small rural districts, the proposed caps in this legislation would have immediate and substantial consequences,” reads the letter written and signed by PAEC Executive Director John Selover.

DeSantis has not spoken about the bill publicly and his Office didn’t immediately respond to request for comment.

HB 145 was supported by the Florida Justice Association (FJA), a group that represents trial lawyers. DeSantis has a history of vetoing legislation that has been supported by the trial bar group, including a 2025 bill that would have repealed a 35-year-old law that prevents some families from suing for the wrongful death of loved ones due to medical malpractice.

And in 2021, DeSantis vetoed FJA-supported legislation that would have repealed Florida’s no-fault automobile insurance system and return to a fault-based system.

The king cannot commit a legal wrong

Sovereign immunity stems from the Latin phrase “rex non potest peccare,” which translates to “the king cannot commit a legal wrong.” It 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, but if they win awards in excess of the limits they must go to the Legislature in the form of what’s called a claims bill to collect the overage. These in the past have involved harm from traffic accidents caused by government workers, medical malpractice at public hospitals, or wrongful convictions that have resulted in prison sentences.

The caps have been set at $200,000 per individual and $300,000 per incident since 2010, when the Legislature last agreed to address the issue.

HB 145 ups the caps from $200,000 per individual to $350,000 and from $300,000 per incident to $500,000.

An early iteration of the bill also would have changed the claims bill process, including amending the law to permit government entities to settle a claim or judgment in excess of the caps without requiring legislative approval. Moreover, the initial bill also would have not allowed insurance policies to condition the payment of benefits on the enactment of a claims bill. Those provisions were removed before final passage.

Though not as much of an increase in the caps as she initially sought, Rep. Fiona McFarland, the House bill sponsor, said she was happy the legislation passed during the 2026 Session.

“Passing something is still significant right? We’re raising it (the sovereign immunity caps) from $200,000 to $350,000. That’s like a 75% increase. That’s still meaningful, right? If you are looking at medical bills or loss of wages or, or you know, all of the things that happened to these victims, an extra $150,000 sure goes a long way while you’re waiting for your claims bill to be passed,” the Sarasota Republican told the Phoenix shortly after the final House vote.

“And I would rather do that now than … kick the proverbial can for another Session and hope that we could maybe get half a million more.”

A lot of lobbying

Records show HB 145 drew 242 lobbyist registrations.

The FJA, meanwhile, reiterated its support for the bill in a prepared statement to the Phoenix on Tuesday night.

“While HB 145 doesn’t address much needed reforms to the claims bill process, it is a small step toward addressing the lack of accountability that allows government entities to avoid fully compensating Floridians who have been injured by government negligence,” the FJA statement said.

Another association that opposed the bill was the Florida Hospital Association (FHA), which, according to an FHA spokesperson, also sent a letter to the Governor on June 9 requesting that HB 145 be vetoed.

In a statement to the Florida Phoenix, FHA President and CEO Mary C. Mayhew said the existing framework is sufficient and “supports accountability without adding unnecessary stress and risk to an already strained system.”

“Florida’s current sovereign immunity framework already reflects a careful balance that supports accountability without adding unnecessary stress and risk to an already strained system,” Mayhew said.

“Public hospitals play a vital role in Florida’s health care system. … Every additional dollar diverted to litigation exposure, insurance premiums, settlements or claims administration is a dollar unavailable for patient care, workforce investment, access expansion, and community health priorities.”

The push for the veto comes after the PAEC, the FHA and nine other organizations sent a letter to legislative leadership during the waning days of the 2026 Session imploring them to kill HB 145.

The letter was sent by 11 organizations that collectively identified themselves as the “Sovereign Immunity Coalition.”

“While we recognize the importance of ensuring fairness in claims made against state and local governments, proposed increases and other changes to sovereign immunity caps raise significant fiscal and policy concerns that could negatively affect public services, and the taxpayers that pay for those services,” reads the letter.

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Reporting by Christine Sexton. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501 (c) (3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].