Florida Statute 768.28
“Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs”
What it means
Florida lets itself be sued in tort — within fences. The state, its agencies, counties, and municipalities are liable like private defendants, but with no punitive damages, no prejudgment interest, and hard payment caps: $200,000 per person and $300,000 per incident. A court may enter a larger judgment, but the excess is payable only through a claims bill passed by the Legislature.
Before suing, the claimant must present the claim in writing to the agency — and, for most defendants, to the Department of Financial Services — within 3 years, or 2 years for wrongful death. Attorney fees are capped at 25% of any judgment or settlement.
- Caps: $200,000 per person, $300,000 per incident — anything above requires a legislative claims bill.
- No punitive damages and no interest for the period before judgment.
- Pre-suit written notice within 3 years — 2 years for wrongful death — is a condition precedent to filing.
- Suit must be commenced within 4 years; medical malpractice and wrongful death follow the shorter periods in §95.11(5).
- Attorney fees are capped at 25% of any judgment or settlement.
- Individual employees are personally immune unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard.
How it plays out
When a death involves a public hospital, a county vehicle, or a school district, the wrongful-death case the personal representative brings runs through this statute's gates — and the notice step is the one that quietly kills claims. The written notice is a condition precedent, the wrongful-death version is due in 2 years, and the complaint can't be filed until the claim is denied or the statutory waiting period runs. In any estate where a government actor might be a defendant, we calendar the §768.28 notice the week we're retained.