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4th DCAJuly 3, 2024Reversed and Remanded; conflict certified⚡ Circuit Split Resolved

School Board of Broward County v. State Farm Mutual Automobile Insurance Co. (consol. with Palm Beach County School Board v. State Farm)

Case No. 4D2023-0722

State Farm sued the Broward and Palm Beach school boards under section 627.7405(1), Florida Statutes, for reimbursement of PIP benefits paid to persons injured in school bus accidents, and the county courts entered summary judgments for State Farm based on the Second District's Lee County decision. The Fourth District reversed, holding that chapter 627 does not clearly and unequivocally waive school boards' sovereign immunity because, although school buses are defined as 'commercial motor vehicles,' the statute nowhere defines any state entity as a proper party to be sued as an 'owner' or 'insurer.' The court certified conflict with Lee County School Board v. State Farm, 276 So. 3d 352 (Fla. 2d DCA 2019).

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