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House panel gives first OK to bill raising payout caps for lawsuits against the government

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Legislation to update Florida’s rules for lawsuits against the government — and significantly increase the sums payable to plaintiffs — just cleared its first House hurdle with overwhelming support.

But based on the testimony and discussion that preceded the vote, the measure isn’t yet in the shape it needs to be to pass a floor vote.

House Civil Justice and Claims Subcommittee members voted 17-1 for the bill (HB 301), which would overhaul Florida’s sovereign immunity statutes.

Sovereign immunity is a centuries-old standard in all but 11 states that shields state governments and their local subdivisions and agencies from having to settle pricey lawsuits without their consent.

HB 301, sponsored by Sarasota Republican Rep. Fiona McFarland, wouldn’t repeal sovereign immunity protections. But it would revamp them for the first time since 2010 when lawmakers capped the payouts a government could provide in cases of negligence at $200,000 for one person and $300,000 for each incident.

To get any more, even if the government or agency in question agrees the victim deserves it, the Legislature must approve a claims bill. Dozens of such bills are filed yearly, but few pass.

The arrangement sounds odd because it is, McFarland said, and it unjustly denies recompense to people who deserve relief.

“The claims bill process is basically asking me to vote on how much somebody’s life is worth, and that’s an unnatural function for us as a Legislature. That’s a judicial branch function,” she said.

“We’re not asking our governments to provide more services through this bill. We’re not asking them to do more for us. We’re asking them to do more for us when they’ve done something wrong.”

If passed, HB 301 would raise the liability cap for claims against the state to $1 million for one person and $3 million for each incident. Those sums would increase to $1.1 million and $3.2 million, respectively, in 2030. Notably, it would empower local governments to voluntarily settle claims exceeding those caps without approval from the Legislature, something not possible today

The bill would also prohibit insurance companies from having Florida policies that condition benefits on enacting claims bills. And it wouldn’t be retroactive, meaning any claims brought against the state, local governments, or agencies before the bill’s effective date of Oct. 1.

Representatives of several local governments, school districts and agencies signaled opposition to the measure, including the Florida Association of Counties, Florida League of Cities, Miami-Dade County, Martin County School District, Small County Coalition, Small School District Council Consortium and Safety Net Hospital Alliance of Florida.

Bob Harris, a lobbyist for the Panhandle Area Education Consortium, argued that the bill in its current form could bankrupt small municipalities and school districts. He said that while it is noble of McFarland to want to hold governments as accountable to citizens as companies are to consumers, private and public entities are only so comparable.

“We’re not Walmart or Amazon. If we have a problem with our school buses, we can’t just stop transporting them. We can’t close our gyms down. We can’t close our schools. The law says we have to let people come in who slip and fall and are hurt,” he said. “The amount being recommended, I don’t know how we can possibly afford that.”

Auburndale Mayor Dorthea Bogert said she worried the bill would encourage litigation.

“I feel like we’re potentially creating a niche market for this type of lawsuit, especially when they see these increased limits,” she said.

Eric Tinstman, an Executive Committee member of the Florida Justice Association, disagreed. He called McFarland’s proposal a much-needed modernization of a “broken” system that today perpetuates poor governmental oversight.

The term sovereign immunity is derived from English common law and the belief that the king could do no legal wrong and was immune from civil or criminal prosecution.

“I can think of a no more anti-American statement than the king can do no wrong,” Tinstman said. “When you start holding people accountable for their negligence … things get safer.”

Before the panel’s members approved HB 301 on Wednesday, they unanimously voted for a claims bill (HB 6507) by Republican Pensacola Rep. Alex Andrade that would clear $1.2 million to a Pasco County man named Marcus Button, who suffered life-altering injuries in a 2006 school bus crash.

In 2009, the Pasco County School District admitted it was at fault and agreed to pay Button $2 million.

“Unfortunately, because of the way our statutes are set up, Pasco County does not feel they have the legal authority to make that settlement payment,” Andrade said. “Because of sovereign immunity, we’re stuck in this position.”

Several House members referenced Button’s ordeal while discussing HB 301.

Wellington Democratic Rep. Mike Gottlieb, a lawyer, said bills like McFarland’s highlight legislators’ conflicting interests and obligations. Each House member represents about 180,000 residents, but they also serve the interests of local governments.

“We have to balance that, and the best way I can think about that, being a litigator, is Lady Justice (who is) blindfolded,” he said.

“When we’re asked to limit sovereign immunity, we’re asking Lady Justice to pick up that blindfold and wink at the city and say, ‘You’re not going to be held accountable for the same bad faith act … (as a private entity would, and) a person deserves the just compensation they would get if it was a private bad actor. This is about due process, which is fundamental to fairness.”

North Miami Democratic Rep. Dotie Joseph, a lawyer, said she supports the bill’s intent but couldn’t vote for it now.

She called Florida’s requirement that a bill be passed to deliver adequate redress to a regular person “insane.”

“I’m not even going to front,” she said. “The claims process is trash.”

HB 301 will next go to the House Budget Committee, its second-to-last stop before reaching a floor vote. It does not yet have a Senate companion.

HB 6507 has two more House stops and will next be heard by the House Judiciary Committee. Its Senate analog by Tallahassee Republican Sen. Corey Simon awaits its first hearing.


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Nearly 40% of contracts canceled by DOGE are expected to produce no savings

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Nearly 40% of the federal contracts that the Trump administration claims to have canceled as part of its signature cost-cutting program aren’t expected to save the government any money, the administration’s own data shows.

The Department of Government Efficiency run by Elon Musk last week published an initial list of 1,125 contracts that it terminated in recent weeks across the federal government. Data published on DOGE’s “Wall of Receipts” shows that more than one-third of the contract cancellations, 417 in all, are expected to yield no savings.

That’s usually because the total value of the contracts has already been fully obligated, which means the government has a legal requirement to spend the funds for the goods or services it purchased and in many cases has already done so.

“It’s like confiscating used ammunition after it’s been shot when there’s nothing left in it. It doesn’t accomplish any policy objective,” said Charles Tiefer, a retired University of Baltimore law professor and expert on government contracting law. “Their terminating so many contracts pointlessly obviously doesn’t accomplish anything for saving money.”

Dozens of them were for already-paid subscriptions to The Associated Press, Politico and other media services that the administration said it would discontinue. Others were for research studies that have been awarded, training that has taken place, software that has been purchased and interns that have come and gone.

An administration official said it made sense to cancel contracts that are seen as potential dead weight, even if the moves do not yield any savings. The official was not authorized to discuss the matter publicly and spoke on condition of anonymity.

In all, DOGE data says the 417 contracts in question had a total value of $478 million. Dozens of other canceled contracts are expected to yield little if any savings.

“It’s too late for the government to change its mind on many of these contracts and walk away from its payment obligation,” said Tiefer, who served on the Commission on Wartime Contracting in Iraq and Afghanistan.

Tiefer said DOGE appeared to be taking a “slash and burn” approach to cutting contracts, which he said could damage the performance of government agencies. He said savings could be made instead by working with agency contracting officers and inspectors general to find efficiencies, an approach the administration has not taken.

DOGE says the overall contract cancellations are expected to save more than $7 billion so far, an amount that has been questioned as inflated by independent experts.

The canceled contracts were to purchase a wide range of goods and services.

The Department of Housing and Urban Development awarded a contract in September to purchase and install office furniture at various branches. While the contract does not expire until later this year, federal records show the agency had already agreed to spend the maximum $567,809 with a furniture company.

The U.S. Agency for International Development negotiated a $145,549 contract last year to clean the carpet at its headquarters in Washington. But the full amount had already been obligated to a firm that is owned by a Native American tribe based in Michigan.

Another already-spent $249,600 contract went to a Washington, D.C., firm to help prepare the Department of Transportation for the recent transition from the Biden to the Trump administration.

Some of the canceled contracts were intended to modernize and improve the way government works, which would seem to be at odds with DOGE’s cost-cutting mission.

One of the largest, for instance, went to a consulting firm to help carry out a reorganization at the Centers for Disease Control and Prevention’s National Center for Immunization and Respiratory Diseases, which led the agency’s response to the COVID-19 pandemic. The maximum $13.6 million had already been obligated to Deloitte Consulting for help with the restructuring, which included closing several research offices.

___

Republished with permission of The Associated Press.


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Lena Juarez named President of Floridians for Better Transportation

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She will continue running JEJ Associates while leading FBT.

Veteran lobbyist Lena Juarez has been named President of Floridians for Better Transportation (FBT).

For more than 25 years, Juarez has operated a successful government consulting practice, JEJ & Associates, and will continue to lead the firm while taking the helm at FBT.

Juarez succeeds Sally Patrenos, who is retiring after eight years leading FBT.

“Florida’s population is growing every day, and it’s more important than ever that we have a transportation industry that can meet the state’s growing demands,” Juarez said. “From roads, bridges, and transit/rail, to seaports, spaceports, airports and trucks, Florida’s transportation industry keeps our state moving forward. I’m excited to get to work leading this organization.”

FBT Board Chair Sia Kush added, “On behalf of our board, we would like to thank Sally for her near decade of distinguished service to our organization and the broader industry and wish her all the best. We’re also very excited to have Lena join our leadership team and look forward to continued growth in our advocacy for the industry through her efforts.”

FBT is a statewide business and transportation association dedicated to advocating for multimodal transportation funding and making transportation safer and more efficient in Florida. It supports all modes of transportation across the state and serves as an advocate and conduit on its members’ behalf with the Legislature.

Established in 1988, the advocacy group is a leader in promoting sufficient and sustainable transportation funding, efficient mobility for residents, visitors and commerce, and for safe and reliable infrastructure to support a dynamic economy.


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Anna Eskamani’s bid for Orlando Mayor draws 650 people at kickoff event

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Launching her campaign for Orlando Mayor Monday, Rep. Anna Eskamani said her priorities are expanding SunRail rail service to weekends and nights, pushing for more affordable housing, and re-evaluating how Orange County’s hotel tax is spent.

Eskamani also urged Orlando’s long-ailing, underfunded bus service to be fixed and the train service to run at Orlando International Airport to be started.

“I am running for Mayor of Orlando because I believe in this city’s potential. I believe in its people, its promise and its future,” Eskamani said at her kickoff event that drew 650 supporters to downtown Orlando’s Beacham Theatre on a rainy night. “I also want to offer a bigger perspective, a bigger viewpoint of what cities could do because I don’t think we should measure our success by the number of ribbon cuttings we attend or the number of resolutions and memorials we might pass.”

Chinese dancers and an electric guitar player rocking the “The Star-Spangled Banner” were part of the festivities for the lone Democrat — so far — in the race to replace Mayor Buddy Dyer, who has ruled Orlando for six terms. Dyer has said he will not run again.

Eskamani touted herself as the next generation to take over from Dyer and a Progressive leader to stand up against President Donald Trump.

“In a state like Florida where we don’t have a firewall at the Governor’s office or the Legislature, we need cities to step up their game, to fight back against fascism, and to defend Democracy for all,” Eskamani told the packed crowd.

Eskamani said last month she was planning to file legislation to give Orange County more flexibility on how it spends the 6% surcharge on hotel taxes known as the tourism development tax (TDT). About $100 million every year of the TDT revenue goes to Visit Orlando to promote Disney World and the other Orlando attractions.

Now that she is running for mayor, Eskamani said her priority is determining whether TDT can be spent on other community needs. She also spoke out against corporate power without mentioning Disney or any other company by name.

“Every person should be able to influence their government, not just those with deep pockets. The reality is our political system is broken,” Eskamani said.

Already, Eskamani won the endorsement of the Central Florida AFL‑CIO and raised $200,000 less than three weeks after announcing her bid for Mayor in December.

Eskamani’s high school history teacher, advocates she met as a lawmaker, and elected officials all described her as an energetic workhorse who stood up for the underdog.

She never misses a parade in Orlando and has sponsored or co-sponsored 17 bills for the upcoming Session. During the pandemic, her office also fielded tens of thousands of calls from Floridians shut out of the state’s unemployment system.

“I don’t know how she does it, but she’s everywhere,” said LGBTQ activist Andrea Montanez, who joked that Eskamani’s twin sister, Ida, must be helping her with appearances.

Speaking in support of Eskamani Monday were several Democrats, which included U.S. Rep. Maxwell Frost from video in Washington, D.C., state Sen. Carlos Guillermo Smith, and state Reps. Johanna López and LaVon Bracy Davis.

“Anna Eskamani has never been afraid of a fight. And let me tell you something, she’s never fought alone because when Anna steps up, the people step up,” Davis said. “When she rides into battle, we ride with her.”


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