- Claims against a Florida government entity are governed by Section 768.28, Florida Statutes, which waives sovereign immunity only up to $200,000 per person and $300,000 per occurrence regardless of the number of claimants.
- Section 768.28(6)(a), Florida Statutes, requires written notice to the agency involved, and also to the Florida Department of Financial Services except for a claim against a municipality, a county, or the Florida Space Authority.
- The written claim must be presented within three years after the cause of action accrues under Section 768.28(6)(a), Florida Statutes, and a wrongful death claim gets two years rather than three.
- Under Section 768.28(6)(a), Florida Statutes, suit cannot be filed until the claim is denied; Section 768.28(6)(d) deems a claim denied if the agency makes no final disposition within 6 months after it is filed, or within 90 days in medical malpractice and wrongful death claims.
Personal injury claims in Florida often present complex challenges, especially when a government entity is involved. Unlike standard personal injury cases, these claims operate under a distinct set of strict statutory requirements, particularly concerning notice deadlines.
Failing to adhere to these specific rules can lead to the complete forfeiture of your right to compensation, regardless of the claim's merits. This article explains the pre-suit notice rules, key deadlines, damage caps, and litigation timelines that govern Florida injury claims against government entities.
Understanding Sovereign Immunity and Florida Statute § 768.28
When pursuing a personal injury claim against a government entity in Florida, it's important to first grasp the foundational legal principles involved. These claims are governed by a specific statute that both allows for lawsuits and places significant limitations on them.
What is Sovereign Immunity?
The legal doctrine of sovereign immunity dictates that a government cannot be sued without its explicit consent. Historically, this principle completely shielded governmental bodies from liability for civil wrongs.
Florida has partially waived this immunity through specific legislation. While this waiver does permit individuals to pursue claims against the state, it comes with specific conditions and limitations.
Florida's Limited Waiver: Florida Statute § 768.28
Florida Statute § 768.28 is the critical law that allows individuals to sue the state, its agencies, or subdivisions for negligence. This statute represents a significant shift from the absolute sovereign immunity that once prevailed in the state, first broadly waived in 1973. It provides an avenue for redress when a government entity's actions or inactions cause harm.
While § 768.28 opens the door for lawsuits, it also imposes specific requirements that limit the government's liability. These include strict damage caps, limiting tort recoveries to $200,000 per person and $300,000 per occurrence, regardless of the number of claimants. It also imposes a pre-suit notice requirement, which is the first step in any claim.
What Constitutes a Government Entity in Florida?
Under Florida law, a wide range of organizations can be considered governmental entities subject to sovereign immunity rules. This includes the State of Florida itself, its various departments and agencies, county commissions, and city councils. Public schools and universities, as well as special districts like water management authorities or transportation departments, also fall under this classification.
Identifying the correct entity is not merely administrative. If you send notice to the wrong agency, the three-year window can expire before the error is discovered, and courts have dismissed claims where notice was sent to the wrong department even within the deadline. For incidents involving state roads, the Florida Department of Transportation is the responsible entity; for a county park, the relevant county commission; for a city sidewalk, the municipality. When the responsible body is unclear, consult an attorney before sending notice, because a misdirected filing does not toll the deadline.
The Critical Notice Requirement: Your First Hurdle
Pre-suit notice is mandatory under § 768.28, and it is the procedural step most likely to permanently end a claim if missed. This mandatory step serves to inform the government entity of the potential claim, allowing them an opportunity to investigate and potentially resolve the matter before a lawsuit is filed. Failing to provide this notice correctly and on time can severely compromise or even forfeit a claim entirely.
Who Needs to Be Notified?
Written notice always goes to the government agency involved in the incident. Section 768.28(6)(a) also requires notice to the Florida Department of Financial Services (DFS), except for a claim against a municipality, a county, or the Florida Space Authority. So a claim against a city or a county goes to that entity alone, while a claim against a state agency has to reach both it and DFS. Serving DFS on a city claim is harmless, but leaving DFS out of a state agency claim is not.
The Strict Timeline: Three Years to Act
Section 768.28(6)(a) requires the claim to be presented in writing within three years after the cause of action accrues. A wrongful death claim gets two years, not three, and that shorter period applies to the notice itself, not just to the lawsuit. Claims for contribution run on their own six-month schedule under s. 768.31.
The cause of action typically accrues when the injury occurs, or when the injured party discovers, or reasonably should have discovered, the injury and its cause. This deadline is a separate, earlier requirement and is not the same as the statute of limitations for filing a lawsuit.
Missing this initial three-year window can be an absolute bar to recovery. If the pre-suit notice isn't presented within this timeframe, the lawsuit will be dismissed with prejudice, and the plaintiff may recover nothing.
Sending or mailing notice is not sufficient on its own. The notice must actually be received by the responsible agency, and by the Florida Department of Financial Services where Section 768.28(6)(a) requires DFS notice, before the three-year window closes. Claimants should use a delivery method that produces a receipt or confirmation of delivery, and should retain that documentation.
What Information Must Your Notice Include?
While there are no statutorily required forms, a narrative letter describing the facts and nature of your claims is typically sufficient. To be considered valid, your notice of claim must include:
- The claimant's full name and address.
- The precise date, time, and exact location of the incident.
- A brief, clear description of how the incident occurred.
- The nature and extent of the injuries sustained.
- The amount of damages claimed, if quantifiable at that stage.
Providing accurate and thorough information from the outset prevents future disputes and ensures the government has a clear understanding of your claim.
After the Notice: Investigation and Litigation Timelines
Once the pre-suit notice is properly filed and received, the process moves into a new phase. This involves specific timelines for the government's review and potential subsequent litigation. Understanding these stages is important for managing expectations and planning next steps.
The Agency's Review Period and Deemed Denial
Presenting the claim starts a second clock, separate from the three-year presentation deadline in Section 768.28(6)(a). Under Section 768.28(6)(a), suit cannot be filed until the Department of Financial Services or the agency denies the claim in writing. Section 768.28(6)(d) supplies that denial when the agency does nothing: if there is no final disposition of the claim within 6 months after it is filed, the claim is deemed denied. In medical malpractice and wrongful death claims the deemed-denial period is 90 days. Section 768.28(6)(d) also tolls the statute of limitations in medical malpractice and wrongful death actions for the time the department or the agency takes to deny the claim. The statute says nothing about tolling for other claims, so do not assume the agency's review adds time to a general negligence deadline.
The waiting period lets the agency run its internal review, gather facts, and negotiate a settlement if it wants to.
Filing a Lawsuit After the Review Period
Once the agency denies the claim in writing, or the 6-month period (90 days in medical malpractice and wrongful death claims) runs out with no final disposition and the claim is deemed denied, the claimant can file suit. Section 768.28(14) sets its own limitation period: the claim is barred unless the complaint is filed within 4 years after the claim accrues. Medical malpractice and wrongful death claims instead take the two-year periods in s. 95.11(5). The clock runs from the date the claim accrued, not from the end of the agency's review.
HB 837 cut the general negligence limitation period from four years to two, effective March 24, 2023, but it amended s. 95.11 and left the four-year period in s. 768.28(14) standing. Work from the statute: a negligence suit against a government body has four years from accrual under s. 768.28(14), and medical malpractice and wrongful death claims have the two-year periods in s. 95.11(5). The notice deadline in s. 768.28(6)(a) still comes first, so do not let the longer filing period delay it. The Second District applied the four-year period of s. 768.28(14) to a negligence claim against a school board in S.S. v. School Board of Sarasota County, No. 2D21-2325 (Fla. 2d DCA Mar. 17, 2023), treating the sovereign immunity statute as the specific provision that controls over the general periods in s. 95.11. Filing within two years is still a sensible precaution when it is not certain that every defendant is a government body.
Keep the two deadlines apart in your head. The three-year notice period comes first and is a condition of ever filing at all. The limitation period for the lawsuit is separate, and both have to be met.
Beyond the Caps: Understanding Florida's Claims Bill Process
Florida law limits tort recoveries against government entities to $200,000 per person and $300,000 per occurrence, regardless of the number of claimants. However, if your damages exceed these statutory caps, collecting the full amount requires a separate and often arduous process known as a claims bill.
A claims bill is a legislative act passed by the Florida State Legislature to authorize payment for damages in excess of the sovereign immunity caps. This involves petitioning lawmakers and can be a lengthy, politically charged process requiring significant legal expertise and advocacy. It adds another layer of complexity to government claims, making experienced legal counsel even more essential for those with catastrophic injuries.
Common Scenarios and Public Space Liability in Florida
These scenarios all arise from the government's duty to maintain reasonably safe conditions on public property or through its employees and agents. Understanding which situations trigger § 768.28's notice requirements helps injured parties act before the deadline passes.
Injuries on Public Property
Individuals often sustain injuries due to unsafe conditions on government-owned or maintained property. These incidents fall under the realm of Public Space Liability. Examples include slip and falls in public parks, inside government buildings, or on poorly maintained sidewalks.
Accidents caused by defective or poorly maintained public infrastructure, such as roads or bridges, also trigger the need for a government claim. These types of injuries require prompt action and adherence to the specific notice requirements against the responsible government entity. The distinction is not only the length of the timeline. A claim against a private business goes directly to filing suit within the applicable statute of limitations. A claim against a government agency requires a separate, earlier step: written pre-suit notice must be presented within three years after the claim accrues (two years for wrongful death), and a lawsuit can be filed only after the agency denies the claim or the 6-month deemed-denial period in Section 768.28(6)(d) runs out (90 days in medical malpractice and wrongful death claims). Government claimants face two sequential deadlines rather than one.
Accidents Involving Government Vehicles or Employees
Another common scenario involves injuries that result from the negligence of a government employee or a vehicle operated by a governmental entity. These can include car accidents involving city buses, police cars, or public works vehicles. Any incident where an on-duty government worker's actions cause harm also falls under these rules.
For instance, if a public employee causes a collision while on the job, the injured party must follow the specific notice procedures for a claim against the employing government agency.
Other Negligent Actions by Government Entities
Beyond property and vehicle-related incidents, other less common but equally valid claims can arise from negligent actions by government entities. This might include instances of negligent security at public events or venues if a government agency failed to provide adequate protection. Property damage claims resulting from governmental actions or omissions are also covered.
Why You Need an Experienced Florida Personal Injury Attorney
Claims against government entities carry procedural requirements that differ fundamentally from standard personal injury cases, and errors at any stage can end the claim before it reaches a courtroom. An attorney familiar with § 768.28 litigation can assess the viability of your claim, identify the correct respondent agencies, and manage both the notice and litigation deadlines.
Under § 768.28, procedural errors, including late notice, notice sent to the wrong agency, or notice missing required information, can result in outright dismissal with prejudice, permanently ending the claim. An experienced attorney protects your case by:
- Drafting the pre-suit notice correctly and getting it received, inside the three-year window, by every entity that has to receive it for the particular defendant.
- Securing the public records, maintenance logs and internal government communications needed to prove the entity breached its duty of care.
- Negotiating against specialized government defense teams, and litigating your negligence claim in court if they refuse a fair settlement.
If you believe you have a claim against a government entity, do not delay. The notice period is strictly enforced, and missing it will permanently bar your ability to recover compensation. Contact us 24/7 at 888-626-1108 to speak to an attorney now, or click here to schedule a case review with Weinstein Legal Team.
