Sovereign immunity limits when — and how much — you can recover after being injured by a government entity in Florida. Under Florida Statute § 768.28, the state partially waives that protection, but strict damage caps, notice deadlines, and procedural rules still apply. This guide explains how the law works, what happened to HB 145 in 2026, and what steps to take if a government vehicle, public property, or public employee caused your injuries.

Key Takeaways

  • Florida’s sovereign immunity law (Fla. Stat. § 768.28) limits government liability to $200,000 per person and $300,000 per incident.
  • Gov. Ron DeSantis vetoed HB 145 on June 30, 2026, keeping those caps unchanged.
  • Injured claimants must send written notice before filing suit — within 3 years for most injury claims and 2 years for wrongful death.
  • The general filing deadline for government injury claims is 4 years, but shorter deadlines apply to medical malpractice and wrongful death.
  • Awards above the statutory cap require a claims bill passed by the Florida Legislature — a process that can take years.

What Does Sovereign Immunity Mean in Florida?

The Basic Rule: Government Entities Are Protected From Many Lawsuits

Sovereign immunity is a legal doctrine that prevents people from suing the government without its consent. Historically, the idea traces back to English common law — the principle that “the king can do no wrong.” Florida adopted a version of this rule, which means that, by default, state and local government entities cannot be sued.

That default protection still shapes Florida injury law today.

Florida’s Limited Waiver of Sovereign Immunity

Florida broke from the absolute protection in 1973 when the Legislature enacted Fla. Stat. § 768.28. This law waives sovereign immunity for tort claims against the state, its agencies, and its political subdivisions — but only within defined limits.

The waiver applies when:

  • A private person acting under the same circumstances would be liable
  • The injured party follows the required notice procedures
  • The damages claimed fall within the statutory caps — or a claims bill is pursued for amounts above them

In other words, Florida allows these claims, but the rules are stricter and more technical than a standard personal injury lawsuit.

Why Sovereign Immunity Matters After an Accident

Sovereign immunity directly affects real-life injury cases. Common examples include:

  • A city sanitation truck running a red light and striking a pedestrian
  • A pothole on a county-maintained road causing a motorcycle crash
  • A slip-and-fall on a wet floor inside a Miami-Dade government building
  • Negligent security at a public park in Coral Gables
  • A Miami-Dade Transit bus rear-ending a vehicle at a stop

Each year, close to 300 people die on Miami-Dade County roads, and thousands more suffer serious injuries (Miami-Dade County Vision Zero Program, 2024). A significant number of those incidents involve government-owned vehicles, roadways, or facilities. If a government entity caused your accident, sovereign immunity determines how — and how much — you can recover.

Who Can Be Protected by Sovereign Immunity in Florida Injury Cases?

State Agencies and Departments

State-level entities protected by sovereign immunity include the Florida Department of Transportation (FDOT), state universities, correctional facilities, public hospitals operated by state agencies, and any other arm of state government. When FDOT fails to maintain a safe roadway, or when a state university employee causes harm, Fla. Stat. § 768.28 governs the claim.

Counties, Cities, and Municipalities

Local government entities also receive sovereign immunity protection. In South Florida, this covers Miami-Dade County, the City of Miami, Miami Beach, Coral Gables, Hialeah, Doral, Homestead, and dozens of other municipalities. Claims against these entities follow the same statutory framework as state-level claims.

Public Employees Acting Within the Scope of Their Job

A government employee who causes harm while performing their job duties generally cannot be sued personally. Liability falls on the employing government entity instead. There is an exception: if the employee acted with bad faith, malicious purpose, or wanton and willful disregard for human rights or safety, personal liability may apply.

Contractors and Agents Working With Government Entities

Some private contractors performing work under government contracts may also be treated as government actors depending on the scope of the contract, the nature of the work, and how closely the government directed the activity. This issue frequently arises in road construction, maintenance, and public facility management cases.

Common Florida Injury Claims That May Involve Sovereign Immunity

Car Accidents Involving Government Vehicles

Government vehicle crashes are among the most common sovereign immunity claims in Florida. Police cruisers, county maintenance trucks, school district buses, public works vehicles, and sanitation trucks cover millions of miles on Florida roads each year. When one of these vehicles causes a collision, the injured party must navigate Fla. Stat. § 768.28 rather than a standard auto liability claim.

Dangerous Conditions on Public Property

Government entities have a duty to maintain reasonably safe conditions on public property. When they fail — leaving a broken sidewalk unrepaired, allowing standing water to accumulate in a government building, or ignoring a damaged staircase at a courthouse — injured visitors may have a valid claim. These cases are often called premises liability claims, and they apply to parks, libraries, public offices, courthouses, and any government-controlled property.

Public Transportation and Transit-Related Accidents

Miami-Dade Transit operates Metrobus, Metrorail, and Metromover routes across the county. Accidents involving government-operated transit vehicles — whether a bus collision, a platform fall, or a maintenance-related failure — fall under sovereign immunity law. Passengers injured on public transit must comply with Fla. Stat. § 768.28’s notice and cap provisions.

Road Design, Maintenance, and Construction Claims

FDOT and local governments are responsible for designing, constructing, and maintaining public roads. Dangerous potholes, missing signage, malfunctioning traffic signals, and unsafe intersection configurations have all formed the basis of valid sovereign immunity claims. However, these cases often trigger disputes about whether the government’s conduct was a discretionary decision (immune from suit) or an operational failure (potentially actionable).

Injuries Involving Police, Fire, or Emergency Services

Claims against police and fire agencies carry additional legal complexity. Florida courts have held that certain law enforcement decisions — such as how to deploy officers or what traffic control measures to use — qualify as discretionary functions immune from suit. Injuries caused by operational conduct, such as a police vehicle collision during a non-emergency situation, may be actionable under Fla. Stat. § 768.28.

Can You Sue the Government for Personal Injury in Florida?

Yes, But Florida Places Strict Limits on These Claims

Florida permits tort claims against government entities under Fla. Stat. § 768.28 when a private person acting under similar circumstances would be liable. The claim is not barred — but it is capped, procedurally restricted, and subject to defenses not available in private-party cases.

The Government Must Have Had a Legal Duty

As with any negligence claim, you must prove four elements:

  1. Duty — the government entity owed you a legal duty of care
  2. Breach — the entity failed to meet that duty
  3. Causation — the breach directly caused your injuries
  4. Damages — you suffered quantifiable harm

The Employee Usually Must Have Been Acting Within the Scope of Employment

If a government employee caused harm while off duty, while acting outside their job responsibilities, or through intentional misconduct that exceeded their authority, the claim analysis changes. Off-duty conduct and intentional acts may not qualify for the waiver, and those cases may need to be structured differently.

Some Government Decisions May Still Be Immune

Florida courts distinguish between two types of government conduct:

Type Description Immune?
Discretionary (planning-level) Policy-making, resource allocation, quasi-legislative decisions Generally yes
Operational Implementing policy, carrying out assigned tasks Generally no

Florida’s Fourth District Court of Appeal has confirmed that traffic control decisions and resource allocation — common in road accident cases — often fall under discretionary immunity. Plaintiffs must carefully frame their allegations at the operational level to overcome this defense.

Florida Sovereign Immunity Damage Caps

Current Cap: $200,000 Per Person

Under Fla. Stat. § 768.28, a government entity generally may not be required to pay more than $200,000 for a single person’s injury claim without further legislative action. This cap has been in place since 2010.

Current Cap: $300,000 Per Incident

When multiple claimants arise from the same incident — such as a government vehicle crash injuring multiple passengers — the total payout is capped at $300,000, regardless of how many people were injured.

What Happens If Your Damages Are Higher Than the Cap?

If a jury awards damages above the cap, the injured party must pursue a claims bill through the Florida Legislature to collect the excess. The claims bill process involves:

  1. Filing the bill in both the House and Senate
  2. Referral to a special master who re-examines the case
  3. Committee review in both chambers
  4. Final passage in a floor vote in both chambers

This process is slow, unpredictable, and political. According to Florida Phoenix (June 2026), the Legislature passed only six claims bills totaling approximately $13 million during the entire 2026 session — and some of those cases had been waiting for years.

Are Punitive Damages Available Against the Government?

No. Fla. Stat. § 768.28 explicitly excludes punitive damages and pre-judgment interest against the state and its agencies or subdivisions. If punitive damages are warranted, they cannot be collected from the government entity.

Did Florida Increase the Sovereign Immunity Caps?

The Florida Legislature passed HB 145 in March 2026 by an overwhelming bipartisan margin — 36-0 in the Senate and 108-1 in the House. The bill would have raised the per-person cap to $350,000 and the per-incident cap to $500,000.

Gov. Ron DeSantis vetoed HB 145 on June 30, 2026, citing concerns about increased costs to local governments and the potential for unmeritorious lawsuits. As of the date of this article, the statutory caps remain at $200,000 per person and $300,000 per incident.

The Florida Justice Association’s president, Chris Ligori, responded to the veto directly: “Every year, Floridians lose mothers, fathers, husbands, wives, and children, or suffer life-altering injuries, because of government negligence. Under the current system, it takes years — and in some cases over a decade — for them to receive compensation.”

Notice Requirements for Florida Government Injury Claims

Written Notice Is Usually Required Before Filing a Lawsuit

Before you can file a lawsuit against a Florida government entity, Fla. Stat. § 768.28 generally requires you to submit a written notice of your claim to the appropriate agency. This step is a condition precedent — you typically cannot file suit without completing it.

The Three-Year Notice Deadline for Many Injury Claims

For most personal injury claims, the claimant must present the claim in writing within 3 years after the claim accrues. Missing this deadline creates a significant procedural barrier to recovery.

The Two-Year Notice Deadline for Wrongful Death Claims

Wrongful death claims face a shorter notice window. Under Fla. Stat. § 768.28, notice for a wrongful death claim must be presented in writing within 2 years after the claim accrues.

When Notice Must Also Be Sent to Florida’s Department of Financial Services

For claims against the state or its agencies, written notice must typically be sent to:

  • The relevant government agency or subdivision
  • The Florida Department of Financial Services

This dual-notice requirement does not apply to municipalities, counties, or the Florida Space Authority, which have their own procedures. Getting notice right — including the correct recipient and the correct form — is essential.

Why Missing the Notice Deadline Can Hurt Your Case

Notice is not just a formality. Florida courts treat the pre-suit notice requirement as a substantive condition of the waiver. If notice is not sent to the right entity, in the right form, within the applicable deadline, the government may argue — and courts may agree — that the statutory waiver does not apply, effectively restoring full immunity.

This is one of the most common and most damaging mistakes injured claimants make when pursuing claims against Florida government entities.

How Long Do You Have to File a Florida Sovereign Immunity Lawsuit?

The General Four-Year Filing Deadline

For most personal injury claims against Florida government entities, the statute of limitations is 4 years from the date the claim accrues. This is a separate and distinct deadline from the notice requirement. Meeting the notice deadline does not automatically satisfy the filing deadline, and vice versa.

Shorter Deadlines May Apply to Medical Malpractice or Wrongful Death Claims

Medical malpractice claims against public hospitals or government-employed healthcare providers follow Florida’s separate medical malpractice statute of limitations. Similarly, wrongful death claims filed against government entities carry their own timeline. These periods may be shorter than the general four-year deadline, and they require careful analysis based on the specific facts of the case.

Why You Should Not Wait Until the Deadline Is Close

Building a strong government injury claim takes time. Before you can file suit, you need to:

  • Identify the correct government entity (or multiple entities)
  • Preserve surveillance footage before it is overwritten
  • Obtain maintenance logs, incident reports, and work orders through public records requests
  • Serve valid pre-suit notice within the applicable window
  • Retain expert witnesses where required (especially for medical malpractice)

Waiting until the statute of limitations is near makes all of this harder. Evidence disappears. Records get destroyed. Witnesses forget details. Starting the process early gives your attorney the best opportunity to build a compelling case.

How Sovereign Immunity Can Affect the Value of a Florida Injury Claim

Serious Injuries May Exceed the Statutory Cap

Traumatic brain injuries, spinal cord damage, permanent disability, multiple surgeries, and wrongful death commonly generate damages well above $200,000. When the statutory cap limits recovery without a successful claims bill, victims of catastrophic government negligence may receive far less than their actual losses.

This gap between real harm and recoverable compensation is exactly what HB 145 was designed to close — and why its veto drew strong criticism from victim advocates.

Insurance Coverage Does Not Always Eliminate Sovereign Immunity Limits

Some government entities carry liability insurance. However, purchasing insurance does not automatically waive all sovereign immunity protections or increase the statutory limits beyond what Fla. Stat. § 768.28 permits. Coverage analysis is fact-specific and depends on the policy language and applicable Florida case law.

Claims Against Multiple Defendants May Require a Different Strategy

Some cases involve both government and non-government defendants. For example:

  • A private contractor performing road maintenance under a government contract
  • A private driver who collides with a government vehicle
  • A commercial vendor operating in a public facility

When non-government defendants are involved, the standard personal injury framework applies to them. A well-structured claim targets all responsible parties and maximizes recovery across all available sources.

Settlement Strategy Is Different in Government Injury Cases

Government entities do not settle cases the same way insurance companies do. Documentation of liability, medical damages, and long-term impact must be thorough. The claims process is more formal. Early legal pressure — particularly through well-drafted pre-suit notice — can shape how the government evaluates the claim.

What Evidence Matters in a Florida Government Injury Claim?

Incident Reports and Government Records

Government entities generate records. After an accident involving a government vehicle or property, the following documents often exist and are obtainable through Florida’s public records law:

  • Crash reports filed with law enforcement
  • Internal incident reports
  • Maintenance logs and work orders
  • Property inspection records
  • Prior complaint records showing the government knew of a hazard

Photos, Videos, and Surveillance Footage

Act fast. Video footage from government facilities, intersections, transit vehicles, and nearby businesses can be overwritten within days or weeks. Preservation letters sent immediately after an injury can legally require the government entity to retain that footage.

Medical Records and Expert Opinions

Medical records establish causation — connecting the government’s negligence to your specific injuries. Expert testimony from treating physicians, life care planners, and vocational specialists helps document future care needs, lost earning capacity, and the full economic impact of the injury.

Witness Statements and Public Records Requests

Eyewitnesses provide independent accounts of how the accident occurred. Public records requests — available to any Florida resident — can uncover inspection histories, prior accidents at the same location, and internal communications showing the government knew about a dangerous condition before your injury.

Mistakes to Avoid After Being Injured by a Government Entity in Florida

Waiting Too Long to Contact an Attorney

The notice and filing deadlines under Fla. Stat. § 768.28 is strict. A two-year notice window for wrongful death cases closes faster than most people expect, especially while managing medical treatment, grief, and financial stress. Calling an attorney early protects these deadlines.

Sending Notice to the Wrong Agency

Identifying the correct government entity is harder than it sounds. Was the road maintained by the city, the county, or FDOT? Was the bus operated by Miami-Dade Transit or a private contractor? Was the employee on duty for a state agency or a municipal department? Sending notice to the wrong entity does not satisfy the pre-suit requirement.

Assuming a Government Claim Works Like a Regular Injury Claim

Government claims differ from standard personal injury cases in several material ways:

  • Damage caps limit recovery without a claims bill
  • Pre-suit notice is mandatory
  • Discretionary function immunity may block certain theories of liability
  • Punitive damages are unavailable
  • The claims bill process may be necessary for full recovery

Treating a government claim like a routine car accident case leads to serious mistakes.

Accepting a Settlement Before Understanding the Full Damages

Government entities — like insurance companies — may offer early settlements to resolve claims quickly and cheaply. Before accepting anything, make sure you understand:

  • The full extent of your current and future medical costs
  • Your lost income, both past and future
  • The permanence of your injuries
  • Whether the offer is limited by the statutory cap
  • Whether additional recovery through a claims bill is realistic

Signing a release prematurely closes the door on all future claims, regardless of how your condition progresses.

How Jimenez Mazzitelli Mordes Helps With Florida Sovereign Immunity Injury Claims

If a government entity caused your injury in Miami or anywhere across South Florida, the Miami-based personal injury lawyers at Jimenez Mazzitelli Mordes have the experience to handle every stage of the claim — from pre-suit notice to trial.

Identifying the Correct Government Entity

Our team investigates the facts before filing anything. We determine whether the responsible party is the City of Miami, Miami-Dade County, FDOT, a public transit authority, a state agency, a public employee, or a private contractor with government exposure. Getting this right from the start is essential to a valid pre-suit notice.

Preserving Evidence Before It Disappears

We act quickly to send preservation letters, request maintenance and inspection records under Florida’s public records law, secure surveillance footage, and retain expert investigators. The evidence that supports your claim can disappear fast — and once it is gone, it cannot be recreated.

Handling Notice Requirements and Procedural Deadlines

Fla. Stat. § 768.28 has strict procedural requirements that differ depending on whether the defendant is a state agency, a county, or a municipality. Our attorneys track every deadline and ensure your notice is sent to the correct agency in the correct form before your window closes.

Building a Damages Case Despite Sovereign Immunity Limits

The $200,000 cap does not limit how we document your losses — it shapes how we pursue recovery. We build a complete picture of your damages, including current and future medical costs, lost wages, loss of earning capacity, pain and suffering, and long-term care needs. For cases that exceed the cap, we evaluate whether pursuing a claims bill through the Legislature is a viable path to additional compensation.

We invite you to schedule a free case consultation with us at Jimenez Mazzitelli Mordes. Our attorneys — Carlos Jimenez, Gabriel D. Mazzitelli, Benjamin Mordes, and their partners — have recovered millions for injury victims across Miami-Dade County and throughout South Florida. We work on a contingency fee basis, which means you pay nothing unless we win. Call us at (305) 548-8750 or contact us online to get started.

Frequently Asked Questions

What is sovereign immunity in Florida personal injury law?

Sovereign immunity is a legal doctrine that protects Florida government entities from lawsuits. Florida’s Fla. Stat. § 768.28 partially waives that protection, allowing tort claims against the state, counties, municipalities, and other public entities — but only under specific conditions, including damage caps and pre-suit notice requirements.

How much can you recover in a lawsuit against a Florida government entity?

Under Fla. Stat. § 768.28, the current cap is $200,000 per person and $300,000 per incident. Awards above those limits require a claims bill passed by the Florida Legislature. Punitive damages and pre-judgment interest are not available against government entities.

Did Florida raise the sovereign immunity caps in 2026?

No. The Florida Legislature passed HB 145, which would have increased the caps to $350,000 per person and $500,000 per incident. Gov. Ron DeSantis vetoed the bill on June 30, 2026. The caps remain at $200,000 per person and $300,000 per incident.

What is the notice deadline for a Florida government injury claim?

For most injury claims, written notice must be sent within 3 years after the claim accrues. For wrongful death claims, the notice deadline is 2 years. Notice must be sent to the appropriate government agency and, in most cases involving state entities, to the Florida Department of Financial Services.

What is the statute of limitations for suing the government in Florida?

The general filing deadline for most personal injury claims against Florida government entities is 4 years from the date the claim accrues. Medical malpractice and wrongful death claims may carry shorter filing periods. The statute of limitations and the pre-suit notice deadline are separate requirements — you must comply with both.

Can you sue the City of Miami or Miami-Dade County for a personal injury?

Yes. Both the City of Miami and Miami-Dade County are political subdivisions subject to Fla. Stat. § 768.28’s limited waiver of sovereign immunity. Claims must follow the pre-suit notice requirements and are subject to the $200,000 per person and $300,000 per incident damage caps.

What is the Florida claims bill process?

A claims bill is a piece of legislation filed in the Florida House and Senate to authorize a government entity to pay a judgment that exceeds the sovereign immunity caps. The bill goes through special master review, committee hearings, and floor votes in both chambers. The process can take several years and is not guaranteed to succeed.

What is the difference between a discretionary and an operational government function in Florida?

Discretionary functions involve policy-making, quasi-legislative decisions, and resource allocation. They generally retain sovereign immunity. Operational functions involve carrying out specific tasks or implementing established policy. They are generally not immune. To succeed in a Florida government injury case, the plaintiff’s claim must target operational — not discretionary — conduct.

Does Florida’s sovereign immunity law apply to government contractors?

It depends. Private contractors performing work under government contracts may be treated as government actors in some circumstances, depending on the contract scope, the nature of the work, and the degree of government oversight. Some contractor claims are subject to Fla. Stat. § 768.28, while others are treated as standard private-party negligence claims. Legal analysis of the specific facts is required.

When should I call a lawyer after an injury involving a Florida government entity?

As soon as possible. The pre-suit notice deadline can be as short as 2 years for wrongful death claims. Evidence — including surveillance footage, maintenance records, and witness accounts — disappears quickly. The sooner an attorney begins investigating, the stronger your claim.

Injured in a Claim Involving a Florida Government Entity?

Being hurt by a government entity does not mean you are without options. Florida law gives you the right to seek compensation — but only if you act within the required timeframes and follow the specific procedural rules that apply to government claims.

At Jimenez Mazzitelli Mordes, we know how much is at stake. Our attorneys have built a track record of recovering millions for injury victims across Miami-Dade County, including a $1.7 million premises liability verdict, a $1.65 million medical malpractice settlement, and a $1.1 million nursing home negligence verdict.

Our team handles the investigation, the pre-suit notice, the records requests, the damages documentation, and the litigation — so you can focus on recovering.

Call (305) 548-8750 for a free consultation, or schedule your case review online. There is no fee unless we win.