Injury Claims Against Florida Government Entities: Presuit Notice, Immunity, and Recovery Limits
A negligence claim involving a city, county, state agency, public university, transit authority, or other governmental actor is not handled like an ordinary claim against a private company. Florida has waived sovereign immunity for certain torts, but only within the conditions and limits established by statute. A claimant who sues the wrong entity, misses the notice process, or miscalculates the waiting period may lose an otherwise substantial claim.
The analysis should begin with governmental status and control. Contractors, public-private entities, teaching institutions, constitutional officers, and separately created authorities do not always fit an intuitive label. The identity of the proper agency and the status of the individual actor affect notice, service, immunity, insurance, and the available defendants.
Florida’s Waiver Is Limited
Florida Statutes section 768.28 waives sovereign immunity for specified tort claims arising from negligent or wrongful acts or omissions of public employees acting within the scope of their employment, under circumstances in which a private person would be liable. Fla. Stat. § 768.28(1) (2026). The waiver does not erase every governmental immunity or defense, and the statute must be followed carefully.
The threshold liability analysis still requires duty, breach, causation, and damages. Governmental-function and discretionary-policy issues may also arise. The mere fact that an accident occurred on public property or involved a public employee does not establish liability.
Written Presentment Is a Condition Precedent
Before filing suit, a claimant generally must present the claim in writing to the appropriate agency. Except for claims against a municipality, county, or the Florida Space Authority, the claimant must also present the claim to the Florida Department of Financial Services. Fla. Stat. § 768.28(6)(a) (2026). The general presentment period is three years after accrual, while a wrongful-death claim must be presented to the Department of Financial Services within two years.
Notice to the proper agency and denial of the claim are conditions precedent to maintaining the action. Id. § 768.28(6)(b). A demand sent only to an insurer, adjuster, employee, risk manager, or incorrect department may not satisfy the statute. The notice should identify the claimant, incident, injuries, theory, agency, and available damages information and should preserve proof of delivery.
The Agency Receives a Review Period
An action ordinarily may not proceed until the agency or Department of Financial Services denies the claim in writing. If no final disposition is made within six months, the claim is generally deemed denied. For medical-malpractice and wrongful-death claims, the deemed-denial period is 90 days. Fla. Stat. § 768.28(6) (2026).
Counsel must coordinate the notice date, any written denial, the deemed-denial date, and the civil filing deadline. The administrative waiting period is not a reason to postpone investigation. Photographs, video, inspection records, dispatch data, maintenance logs, witness information, and public records may become unavailable while the agency evaluates the claim.
Notice Deadlines and Filing Deadlines Are Different
Section 768.28 contains its own commencement provision. Ordinary claims covered by the section are generally barred unless the civil action is filed within four years after accrual, while medical-malpractice and wrongful-death actions must be commenced within the limitations periods applicable to those claims under section 95.11(5). Fla. Stat. § 768.28(14) (2026).
Those provisions should be calculated claim by claim. The three-year presentment period is not a universal four-year extension, and the two-year wrongful-death presentment requirement should not be confused with the separate deadline to file suit. The statute expressly addresses tolling during agency review for medical-malpractice and wrongful-death claims, but counsel should not assume broader tolling without a specific basis.
Recovery Limits Affect Valuation
The statutory waiver generally limits payment to $200,000 for a claim or judgment by one person and $300,000 for all claims or judgments arising from the same incident or occurrence. Fla. Stat. § 768.28(5)(a) (2026). Punitive damages and prejudgment interest are excluded from the waiver. Insurance may affect settlement authority in some circumstances, but it does not automatically eliminate immunity defenses or increase the statutory waiver.
A court may render a judgment exceeding the statutory amounts, but the excess generally may be paid only through a further act of the Legislature unless another authorized source or settlement provision applies. The possibility of a claims bill should not be treated as assured recovery. The statute also caps claimant’s attorney fees at 25 percent of a judgment or settlement. Id. § 768.28(8).
The Individual Employee Is Often Not the Proper Defendant
A public officer, employee, or agent generally may not be held personally liable or named as a defendant for conduct within the scope of employment unless the person acted in bad faith, with malicious purpose, or with wanton and willful disregard of human rights, safety, or property. Fla. Stat. § 768.28(9)(a) (2026). When the conduct falls within scope and does not meet that exception, the governmental entity is ordinarily the exclusive defendant.
Pleading both scope-based vicarious liability and individual bad-faith conduct without a coherent factual basis can create inconsistency. The available evidence, governmental relationship, indemnification provisions, and actual function performed should be investigated before defendants are selected.
Equity Legal assists clients with Florida injury claims involving public entities, including presuit notice, public-records investigation, defendant identification, deadline analysis, and litigation. These matters should be evaluated promptly because the statutory steps are separate and unforgiving.
This article reflects generally applicable law and rules reviewed through September 6, 2026. It is provided for informational purposes only and does not constitute legal advice. Reading this article or contacting the firm does not create an attorney-client relationship. Legal rights, duties, and deadlines depend on the specific facts and current law.
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