Governor Ron DeSantis vetoed legislation that would have increased damages caps for people injured by government negligence, rejecting the first such increase to pass the Florida Legislature in 16 years. The measure, HB 145, earned overwhelming bipartisan support when it passed in March but faced rejection on Monday. DeSantis argued that raising the caps would encourage unmeritorious lawsuits. "When you raise the cap, you are going to generate more unmeritorious lawsuits," he said. "I have no question or doubt that that would happen."
The bill, sponsored by Sarasota Republican Rep. Fiona McFarland with a companion measure from Lake Mary Republican Sen. Jason Brodeur, targeted Florida's sovereign immunity statutes, which limit compensation for government carelessness. The legislation would have raised damages caps from $200,000 per person and $300,000 per incident to $350,000 per person and $500,000 per incident. These caps had remained unchanged since 2010. The bill would have also permitted local governments to voluntarily settle claims exceeding those caps without seeking legislative approval. Currently, victims seeking payments above the caps must secure passage of a special claims bill through the Legislature. The measure was scheduled to take effect October 1.
McFarland has championed the issue for three years, framing it as an equal protection matter. She argues the current system creates vastly different outcomes depending on whether someone is harmed by a government entity or a private company. "If you or I or one of our loved ones is hit by a truck, we have to pay attention to what's on the side of that truck," she said. "Depending on whether there's a corporate logo or a government seal, we have different access to monetary wholeness. That doesn't sit right with me." She acknowledged local government opposition over increased liability and insurance premiums but maintained the update was necessary.
DeSantis defended the current system by pointing to claims bills approved this year. The state considers roughly a dozen such measures annually, benefiting people physically harmed by government negligence or wrongly incarcerated exonerees. This year, just over one-third of 14 filed measures cleared both chambers, with success rates varying significantly in recent years. The Florida Justice Association criticized the veto, calling it a disservice to families seeking accountability. The group's president, Chris Ligoti, noted that under the current system, compensation can take years or over a decade to arrive. It remains unclear whether McFarland or Brodeur will refile the legislation when a new governor takes office in 2027.