Florida lawmakers are edging toward a major rewrite of how much people can collect when they are injured by a city, county or state agency, a shift that could mean bigger checks for victims and bigger headaches for local budgets. The House and Senate have each advanced different bills this session to raise Florida’s sovereign immunity caps, and leaders have until the Legislature adjourns on March 13, 2026 to hammer out a deal. What they decide will determine whether more Floridians can get larger payouts without going through a separate legislative claim bill.
House plan: a big leap in payout caps
The Florida House signed off on HB 145 in mid January by a lopsided 104 to 7 vote, according to LobbyTools. Under that plan, the caps would rise to $500,000 per person and $1,000,000 per incident for claims that accrue from Oct. 1, 2026 through Sept. 30, 2031, and then to $600,000 per person and $1.2 million per incident after that, according to the Florida House. The House bill would also let local governments settle judgments above the statutory caps without first seeking approval through a separate claim bill.
Senate version: slower, smaller bump
The Senate is pushing a more modest compromise, saying it is trying to walk the line between helping victims and protecting taxpayers. The package has cleared key committees with broad support, as reported by The Florida Bar, and the committee substitute currently on file comes in well below the House numbers. The Senate proposal in SB 1366 would raise the limits to $350,000 per person and $500,000 per incident.
Real cases show what is at stake
The debate is not abstract. Lawmakers already have a stack of claim or relief bills this year seeking amounts far above the current caps. Among them is a claim of roughly $2.3 million for Heriberto A. Sanchez Mayen, listed in the Senate’s file for S 16, according to the Senate bill listing. In another case, a special master report notes a $4.3 million settlement in the Jose Correa matter, where Miami Dade County has so far paid only the $200,000 statutory cap, according to the special master report. Claim bills filed so far this session total about $47.2 million statewide, the Miami Herald has reported.
What happens next in Tallahassee
With the regular session scheduled to wrap up on March 13, 2026, negotiators from both chambers will have to move quickly to reconcile the competing versions, according to the Senate calendar. Local governments and municipal groups have pushed back hard on the House plan’s larger jump in liability, while plaintiffs’ lawyers and some legislators argue that the existing caps, last updated in the early 2010s, leave severely injured people with too little recourse. That clash has played out in hearings chronicled in committee testimony and press coverage, including detailed reporting by The Florida Bar.
Sovereign immunity 101: how claims get paid
Right now a person can win a lawsuit against a government entity for more than the statutory cap but cannot collect the excess unless the Legislature steps in with a claim bill authorizing the additional payment. In those cases a special master is typically assigned to hear the evidence and make recommendations. The Senate’s own analysis of SB 1366 explains how the proposed law would change the caps, attorney fee rules and presuit timelines, and it also outlines the role of the special master and the Legislature in approving extra payments above the cap, according to the Senate analysis.
Bottom line for victims and taxpayers
The distance between the House and Senate drafts is real money for people hurt by government agencies and a potentially serious new cost for public budgets. If lawmakers fail to bridge that gap by March 13, 2026, the current caps will stay in place, and claim bills will continue to be the only route for anyone seeking to collect more than the law now allows.
