County attorney warns commissioners that House Bill 145 would raise sovereign‑immunity caps

Okeechobee County’s attorney briefed the board on House Bill 145 during the Nov. 4 meeting and urged commissioners to monitor the proposal, which would raise the state’s statutory sovereign‑immunity caps and could increase county liability exposure.

The attorney told the board that under current Florida law the caps are $200,000 per person and $300,000 per incident for negligence and tort claims. She said House Bill 145, as described in the briefing, would raise those limits to $500,000 per person and $1,000,000 per incident effective Oct. 1, 2026, and to $600,000 per person and $1,200,000 per incident for claims after Oct. 1, 2031. The attorney characterized the proposal as potentially “a pretty significant financial burden” for the county if enacted and said the office would continue to monitor related bills and report back to the board.

Commissioners reacted strongly. One commissioner called the bill part of a pattern of preemption and unfunded mandates that can harm small counties and said the county should “keep eyes on it,” noting plans to raise concerns with state legislators. Board members discussed coordination with the Florida Association of Counties and the possibility of direct outreach to lawmakers in Tallahassee.

Why it matters: raising sovereign‑immunity caps changes the exposure of local governments to tort liability and influences insurance, budgeting and risk management for municipalities. The county did not adopt a formal position at the meeting; staff and commissioners said they would continue to follow the legislation and report developments.

The attorney also provided an unrelated litigation update on an appeal in the O'Bannon matter (Martinez Esquivel and Moonline Property), noting an appeal filed Nov. 3 raising eight issues; no additional action was taken at the meeting.