June 16, 2025
Categories: Negligence, Uncategorized
For many years, citizens in Florida were completely barred from suing the state or its agencies for negligence. Under the doctrine of sovereign immunity, individuals who were injured by governmental actions had no legal right to recover damages—even when the harm was clearly caused by negligence.
That changed in the mid-1970s, when Florida law began allowing limited lawsuits against the state. However, these claims remain subject to strict rules, exceptions, and damage caps that can significantly affect your ability to recover compensation.
In 1975, Florida enacted Section 768.28 of the Florida Statutes, which provides a partial waiver of sovereign immunity. This law allows individuals to sue the State of Florida, as well as its agencies and subdivisions, for certain negligent or wrongful acts.
While this statute opened the door to claims against the government, it also imposed important limitations that do not apply in ordinary personal injury cases.
Florida and its agencies may be held liable for some negligent acts or omissions, but they are generally immune from lawsuits based on policy-making or discretionary decisions. Courts distinguish between operational negligence and policy decisions, and this distinction is often central to sovereign immunity cases.
For example, the state is typically immune from liability for deciding not to install a stoplight at a busy intersection. However, it may be held liable for failing to properly maintain an existing stoplight once the decision to install it has been made.
Law enforcement officers and other government employees are frequently protected by sovereign immunity when performing discretionary functions. Florida courts have applied this immunity to actions ranging from ordinance enforcement decisions to prisoner transport and emergency response activities.
That said, immunity is not absolute. State agencies have been found liable in cases involving failures to follow established procedures, negligent traffic stops, or failure to detect or respond to known risks such as child abuse.
Determining whether to sue the state, the individual employee, or both is a critical legal decision. Under Florida Statutes section 768.28(9)(a), government employees may only be sued personally if they acted in bad faith, with malicious purpose, or with wanton and willful disregard for human rights, safety, or property.
If an employee acted outside the course and scope of their employment, the state is generally not liable for the resulting damages. These determinations often require careful legal analysis and review of relevant case law.
Even when liability exists, Florida law strictly limits the amount of damages that can be recovered. Claimants are generally limited to $200,000 per person and $300,000 per incident, regardless of the severity of the injuries.
If damages exceed these caps, additional compensation may only be recovered through a legislative claims bill or, in limited circumstances, if the agency has insurance coverage above the statutory limits and elects to use it. Importantly, obtaining insurance does not automatically waive the state’s liability caps.
Florida’s sovereign immunity law contains complex gray areas and has been shaped by evolving Supreme Court decisions. Minor factual differences can determine whether a claim is barred or allowed to proceed.
If you have been injured by the actions of the State of Florida or one of its agencies or subdivisions, it is essential to consult an attorney with experience handling tort claims against the government. Wagner, McLaughlin & Whittemore has extensive experience navigating sovereign immunity cases and can help you pursue the maximum recovery allowed by law. Contact our firm today to discuss your case.
