HomeMy WebLinkAboutR-2025-177 Urging Rejection of House Bill 145 Increased Liability Sovereign ImmunityRESOLUTION NO. 2025-177
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT HOUSE BILL 145, RELATING TO INCREASING LIABLITY AGAINST LOCAL GOVERNMENT AS IT WOULD ENCOURAGE INCREASED LAWSUIT PAYOUTS, WHICH WOULD MEAN TAXPAYERS WILL
ULTIMATELY FOOT THE BILL; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, State Representative McFarland introduced House Bill 145, relating to suits
against local governments; and
WHEREAS, the bill would increases statutory limits on liability for tort claims against
state & its agencies & subdivisions from $200,000.00, per person and $300,000.00 per incident to
$500,000 per person and $1 million per incident, and for claims accruing on or after October 1,
2031, the limits would further rise to $600,000.00 per person and $1.2 million per incident; and
WHEREAS, the bill authorizes subdivision to settle claim in excess of statutory limit
without legislative action regardless of insurance coverage limits; and
WHEREAS, the bill prohibits insurance policy from conditioning benefits on enactment of
claim bill; specifies that limitations in effect on date claim accrues apply to that claim; revises
period within which certain claims must be presented; revises exceptions relating to instituting
tort claims against state or agencies or subdivisions; revises period after which failure of certain
entities to make final disposition of claim shall be deemed final denial of claim for certain
purposes; revises statute of limitations for tort claims against state or one of its agencies or
subdivisions & exceptions; and
WHEREAS, the Florida League of Cities Strongly opposes the bill as raising the caps on
government liability in negligence lawsuits would impose a massive financial burden on local
taxpayers by quadrupling the current limits and by 2031 increasing the cap by five times the
current rate; and
WHEREAS, rejecting HB 145 would protect taxpayers and city services, as cities are not
profit-driven entities; they exist to serve communities; and
WHEREAS, the Bill would encourage increased lawsuit payouts which would mean
taxpayers will ultimately foot the bill; and
RESOLUTION #2025-177 2
WHEREAS, higher caps would equal skyrocketing insurance costs, and as we are aware
the insurance market in Florida is already volatile, and this bill would make securing adequate
coverage even more difficult and expensive for cities; and
WHEREAS, unlike private businesses, cities can’t just raise prices to cover additional
liability costs. Instead, they’ll be forced to cut vital services, raise taxes, or both; and
WHEREAS, HB 145’s limits are extreme compared to other states, as thirty-three states
have sovereign immunity caps. For example, Texas caps liability at $250,000.00 per person and
$500,000.00 per occurrence. Florida should not be setting liability limits drastically higher than
peer states; and
WHEREAS, New York and California have no caps, but they also have some of the
highest tax burdens in the country. Florida’s low-tax, business-friendly environment would be
undermined by extreme liability costs; and
WHEREAS, HB 145 would encourage frivolous lawsuits and target taxpayers; raising the
lawsuit limit would open the floodgates to excessive and frivolous litigation that only benefits
trial attorneys, not communities; and
WHEREAS, more lawsuits would require more taxpayer dollars spent on legal defense
instead of public services. Cities would be forced to divert funds from police, fire, and
infrastructure to defend against lawsuits, hurting public safety and economic growth; and
WHEREAS, the Florida League of Cities STRONGLY OPPOSES increasing sovereign
immunity limits; and
WHEREAS, HB 145 was heard in the House Civil Justice and Claims Subcommittee on
Wednesday, November 5; and
WHEREAS, if enacted it would become effective October 1, 2026; and
WHEREAS, the City of Dania Beach (“City”) does not support House Bill 145.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City urges the Florida Legislature to reject (VOTE NO) on House
Bill 145.
RESOLUTION #2025-177 3
Section 3. That the City Clerk is requested to send a copy of this Resolution to the
Florida Legislature, the Office of Governor Ron DeSantis, the Broward League of Cities, the
Florida League of Cities, to the other Cities of Broward County, the Broward County Board of
County Commissioners and any other interested parties.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on November 18, 2025. Motion by Vice Mayor Salvino second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY