Florida Statute 768.28 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.28

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.—

(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action may be brought in the county where the property in litigation is located or, if the affected agency or subdivision has an office in such county for the transaction of its customary business, where the cause of action accrued. However, any such action against a state university board of trustees shall be brought in the county in which that university’s main campus is located or in the county in which the cause of action accrued if the university maintains therein a substantial presence for the transaction of its customary business.

(2) As used in this act, “state agencies or subdivisions” include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of the state, including state university boards of trustees; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Florida Space Authority.

(3) Except for a municipality and the Florida Space Authority, the affected agency or subdivision may, at its discretion, request the assistance of the Department of Financial Services in the consideration, adjustment, and settlement of any claim under this act.

(4) Subject to the provisions of this section, any state agency or subdivision shall have the right to appeal any award, compromise, settlement, or determination to the court of appropriate jurisdiction.

(5)(a) The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature. Notwithstanding the limited waiver of sovereign immunity provided herein, the state or an agency or subdivision thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it without further action by the Legislature, but the state or agency or subdivision thereof shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining insurance coverage for tortious acts in excess of the $200,000 or $300,000 waiver provided above. The limitations of liability set forth in this subsection shall apply to the state and its agencies and subdivisions whether or not the state or its agencies or subdivisions possessed sovereign immunity before July 1, 1974.

(b) A municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant state and federal laws. If the governing body of a municipality or a person authorized by the governing body of the municipality breaches that duty, the municipality is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damages proximately caused by the municipality’s breach of duty. The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.

(6)(a) An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing; except that, if:

1. Such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after the judgment against the tortfeasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no such judgment, within 6 months after the tortfeasor seeking contribution has either discharged the common liability by payment or agreed, while the action is pending against her or him, to discharge the common liability; or

2. Such action is for wrongful death, the claimant must present the claim in writing to the Department of Financial Services within 2 years after the claim accrues.

(b) For purposes of this section, the requirements of notice to the agency and denial of the claim pursuant to paragraph (a) are conditions precedent to maintaining an action but shall not be deemed to be elements of the cause of action and shall not affect the date on which the cause of action accrues.

(c) The claimant shall also provide to the agency the claimant’s date and place of birth and social security number if the claimant is an individual, or a federal identification number if the claimant is not an individual. The claimant shall also state the case style, tribunal, the nature and amount of all adjudicated penalties, fines, fees, victim restitution fund, and other judgments in excess of $200, whether imposed by a civil, criminal, or administrative tribunal, owed by the claimant to the state, its agency, officer or subdivision. If there exists no prior adjudicated unpaid claim in excess of $200, the claimant shall so state.

(d) For purposes of this section, complete, accurate, and timely compliance with the requirements of paragraph (c) shall occur prior to settlement payment, close of discovery or commencement of trial, whichever is sooner; provided the ability to plead setoff is not precluded by the delay. This setoff shall apply only against that part of the settlement or judgment payable to the claimant, minus claimant’s reasonable attorney’s fees and costs. Incomplete or inaccurate disclosure of unpaid adjudicated claims due the state, its agency, officer, or subdivision, may be excused by the court upon a showing by the preponderance of the evidence of the claimant’s lack of knowledge of an adjudicated claim and reasonable inquiry by, or on behalf of, the claimant to obtain the information from public records. Unless the appropriate agency had actual notice of the information required to be disclosed by paragraph (c) in time to assert a setoff, an unexcused failure to disclose shall, upon hearing and order of court, cause the claimant to be liable for double the original undisclosed judgment and, upon further motion, the court shall enter judgment for the agency in that amount. Except as provided otherwise in this subsection, the failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 6 months after it is filed shall be deemed a final denial of the claim for purposes of this section. For purposes of this subsection, in medical malpractice actions and in wrongful death actions, the failure of the Department of Financial Services or the appropriate agency to make final disposition of a claim within 90 days after it is filed shall be deemed a final denial of the claim. The statute of limitations for medical malpractice actions and wrongful death actions is tolled for the period of time taken by the Department of Financial Services or the appropriate agency to deny the claim. The provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14.

(7) In actions brought pursuant to this section, process shall be served upon the head of the agency concerned and also, except as to a defendant municipality, county, or the Florida Space Authority, upon the Department of Financial Services; and the department or the agency concerned shall have 30 days within which to plead thereto.

(8) No attorney may charge, demand, receive, or collect, for services rendered, fees in excess of 25 percent of any judgment or settlement.

(9)(a) An officer, employee, or agent of the state or of any of its subdivisions may not be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, such officer, employee, or agent shall be considered an adverse witness in a tort action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function. The exclusive remedy for injury or damage suffered as a result of an act, event, or omission of an officer, employee, or agent of the state or any of its subdivisions or constitutional officers is by action against the governmental entity, or the head of such entity in her or his official capacity, or the constitutional officer of which the officer, employee, or agent is an employee, unless such act or omission was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The state or its subdivisions are not liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of her or his employment or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(b) As used in this subsection, the term:

1. “Employee” includes any volunteer firefighter.

2. “Officer, employee, or agent” includes, but is not limited to, any health care provider when providing services pursuant to s. 766.1115; any nonprofit independent college or university located and chartered in this state which owns or operates an accredited medical school, and its employees or agents, when providing patient services pursuant to paragraph (10)(f); any public defender or her or his employee or agent, including an assistant public defender or an investigator; and any member of a Child Protection Team, as defined in s. 39.01, or any member of a threat management team, as described in s. 1006.07(7), when carrying out her or his duties as a team member under the control, direction, and supervision of the state or any of its agencies or subdivisions.

(c) For purposes of the waiver of sovereign immunity only, a member of the Florida National Guard is not acting within the scope of state employment when performing duty under the provisions of Title 10 or Title 32 of the United States Code or other applicable federal law; and neither the state nor any individual may be named in any action under this chapter arising from the performance of such federal duty.

(d) The employing agency of a law enforcement officer as defined in s. 943.10 is not liable for injury, death, or property damage effected or caused by a person fleeing from a law enforcement officer in a motor vehicle if:

1. The pursuit is conducted in a manner that does not involve conduct by the officer which is so reckless or wanting in care as to constitute disregard of human life, human rights, safety, or the property of another;

2. At the time the law enforcement officer initiates the pursuit, the officer reasonably believes that the person fleeing has committed a forcible felony as defined in s. 776.08; and

3. The pursuit is conducted by the officer pursuant to a written policy governing high-speed pursuit adopted by the employing agency. The policy must contain specific procedures concerning the proper method to initiate and terminate high-speed pursuit. The law enforcement officer must have received instructional training from the employing agency on the written policy governing high-speed pursuit.

(10)(a) Health care providers or vendors, or any of their employees or agents, that have contractually agreed to act as agents of the Department of Corrections to provide health care services to inmates of the state correctional system shall be considered agents of the State of Florida, Department of Corrections, for the purposes of this section, while acting within the scope of and pursuant to guidelines established in said contract or by rule. The contracts shall provide for the indemnification of the state by the agent for any liabilities incurred up to the limits set out in this chapter.

(b) This subsection shall not be construed as designating persons providing contracted health care services to inmates as employees or agents of the state for the purposes of chapter 440.

(c) For purposes of this section, regional poison control centers created in accordance with s. 395.1027 and coordinated and supervised under the Division of Children’s Medical Services Prevention and Intervention of the Department of Health, or any of their employees or agents, shall be considered agents of the State of Florida, Department of Health. Any contracts with poison control centers must provide, to the extent permitted by law, for the indemnification of the state by the agency for any liabilities incurred up to the limits set out in this chapter.

(d) For the purposes of this section, operators, dispatchers, and providers of security for rail services and rail facility maintenance providers in the South Florida Rail Corridor, or any of their employees or agents, performing such services under contract with and on behalf of the South Florida Regional Transportation Authority or the Department of Transportation shall be considered agents of the state while acting within the scope of and pursuant to guidelines established in said contract or by rule.

(e) For purposes of this section, a professional firm that provides monitoring and inspection services of the work required for state roadway, bridge, or other transportation facility construction projects, or any employee of a firm performing such services, is considered an agent of the Department of Transportation while acting within the scope of the firm’s contract with the Department of Transportation to ensure that the project is constructed in conformity with the project’s plans, specifications, and contract provisions. This paragraph applies to a professional firm that is in direct contract with the Department of Transportation, as well as any professional firm providing monitoring and inspection services as a consultant to the professional firm that is in direct contract with the Department of Transportation. Any contract with a professional firm must, to the extent permitted by law, provide for the indemnification of the Department of Transportation for any liability, including reasonable attorney fees, incurred up to the limits set out in this chapter to the extent caused by the negligence of the firm or its employees. This paragraph may not be construed as designating persons who provide monitoring and inspection services as employees or agents of the state for purposes of chapter 440. This paragraph is not applicable to the professional firm or its employees if involved in an accident while operating a motor vehicle. This paragraph is not applicable to a firm engaged by the Department of Transportation for the design or construction of a state roadway, bridge, or other transportation facility construction project or to its employees, agents, or subcontractors.

(f) For purposes of this section, any nonprofit independent college or university located and chartered in this state which owns or operates an accredited medical school, or any of its employees or agents, and which has agreed in an affiliation agreement or other contract to provide, or permit its employees or agents to provide, patient services as agents of a teaching hospital, is considered an agent of the teaching hospital while acting within the scope of and pursuant to guidelines established in the affiliation agreement or other contract. To the extent allowed by law, the contract must provide for the indemnification of the teaching hospital, up to the limits set out in this chapter, by the agent for any liability incurred which was caused by the negligence of the college or university or its employees or agents. The contract must also provide that those limited portions of the college, university, or medical school which are directly providing services pursuant to the contract and which are considered an agent of the teaching hospital for purposes of this section are deemed to be acting on behalf of a public agency as defined in s. 119.011(2).

1. For purposes of this paragraph, the term:

a. “Employee or agent” means an officer, employee, agent, or servant of a nonprofit independent college or university located and chartered in this state which owns or operates an accredited medical school, including, but not limited to, the faculty of the medical school, any health care practitioner or licensee as defined in s. 456.001 for which the college or university is vicariously liable, and the staff or administrators of the medical school.

b. “Patient services” means:

(I) Comprehensive health care services as defined in s. 641.19, including any related administrative service, provided to patients in a teaching hospital;

(II) Training and supervision of interns, residents, and fellows providing patient services in a teaching hospital; or

(III) Training and supervision of medical students in a teaching hospital.

c. “Teaching hospital” means a teaching hospital as defined in s. 408.07 which is owned or operated by the state, a county or municipality, a public health trust, a special taxing district, a governmental entity having health care responsibilities, or a not-for-profit entity that operates such facility as an agent of the state, or a political subdivision of the state, under a lease or other contract.

2. The teaching hospital or the medical school, or its employees or agents, must provide notice to each patient, or the patient’s legal representative, that the college or university that owns or operates the medical school and the employees or agents of that college or university are acting as agents of the teaching hospital and that the exclusive remedy for injury or damage suffered as the result of any act or omission of the teaching hospital, the college or university that owns or operates the medical school, or the employees or agents of the college or university, while acting within the scope of duties pursuant to the affiliation agreement or other contract with a teaching hospital, is by commencement of an action pursuant to the provisions of this section. This notice requirement may be met by posting the notice in a place conspicuous to all persons.

3. This paragraph does not designate any employee providing contracted patient services in a teaching hospital as an employee or agent of the state for purposes of chapter 440.

(g) For the purposes of this section, the executive director of the Board of Nursing, when serving as the state administrator of the Nurse Licensure Compact pursuant to s. 464.0095, and any administrator, officer, executive director, employee, or representative of the Interstate Commission of Nurse Licensure Compact Administrators, when acting within the scope of their employment, duties, or responsibilities in this state, are considered agents of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(h) For purposes of this section, the individual appointed under s. 491.004(8) as the state’s delegate on the Counseling Compact Commission, when serving in that capacity pursuant to s. 491.017, and any administrator, officer, executive director, employee, or representative of the commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(i) For purposes of this section, the individual appointed under s. 490.004(7) as the state’s commissioner on the Psychology Interjurisdictional Compact Commission, when serving in that capacity pursuant to s. 490.0075, and any administrator, officer, executive director, employee, or representative of the Psychology Interjurisdictional Compact Commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(j) For purposes of this section, the representative appointed from the Board of Medicine and the representative appointed from the Board of Osteopathic Medicine, when serving as commissioners of the Interstate Medical Licensure Compact Commission pursuant to s. 456.4501, and any administrator, officer, executive director, employee, or representative of the Interstate Medical Licensure Compact Commission, when acting within the scope of their employment, duties, or responsibilities in this state, are considered agents of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(k) For purposes of this section, the individuals appointed under s. 468.1135(4) as the state’s delegates on the Audiology and Speech-Language Pathology Interstate Compact Commission, when serving in that capacity pursuant to s. 468.1335, and any administrator, officer, executive director, employee, or representative of the commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(l) For purposes of this section, the individual appointed under s. 486.023(5) as the state’s delegate on the Physical Therapy Compact Commission, when serving in that capacity pursuant to s. 486.112, and any administrator, officer, executive director, employee, or representative of the Physical Therapy Compact Commission, when acting within the scope of his or her employment, duties, or responsibilities in this state, is considered an agent of the state. The commission shall pay any claims or judgments pursuant to this section and may maintain insurance coverage to pay any such claims or judgments.

(11)(a) Providers or vendors, or any of their employees or agents, that have contractually agreed to act on behalf of the state as agents of the Department of Juvenile Justice to provide services to children in need of services, families in need of services, or juvenile offenders are, solely with respect to such services, agents of the state for purposes of this section while acting within the scope of and pursuant to guidelines established in the contract or by rule. A contract must provide for the indemnification of the state by the agent for any liabilities incurred up to the limits set out in this chapter.

(b) This subsection does not designate a person who provides contracted services to juvenile offenders as an employee or agent of the state for purposes of chapter 440.

(12)(a) A health care practitioner, as defined in s. 456.001(4), who has contractually agreed to act as an agent of a state university board of trustees to provide medical services to a student athlete for participation in or as a result of intercollegiate athletics, to include team practices, training, and competitions, shall be considered an agent of the respective state university board of trustees, for the purposes of this section, while acting within the scope of and pursuant to guidelines established in that contract. The contracts shall provide for the indemnification of the state by the agent for any liabilities incurred up to the limits set out in this chapter.

(b) This subsection shall not be construed as designating persons providing contracted health care services to athletes as employees or agents of a state university board of trustees for the purposes of chapter 440.

(13) Laws allowing the state or its agencies or subdivisions to buy insurance are still in force and effect and are not restricted in any way by the terms of this act.

(14) Every claim against the state or one of its agencies or subdivisions for damages for a negligent or wrongful act or omission pursuant to this section shall be forever barred unless the civil action is commenced by filing a complaint in the court of appropriate jurisdiction within 4 years after such claim accrues; except that an action for contribution must be commenced within the limitations provided in s. 768.31(4), and an action for damages arising from medical malpractice or wrongful death must be commenced within the limitations for such actions in s. 95.11(5).

(15) No action may be brought against the state or any of its agencies or subdivisions by anyone who unlawfully participates in a riot, unlawful assembly, public demonstration, mob violence, or civil disobedience if the claim arises out of such riot, unlawful assembly, public demonstration, mob violence, or civil disobedience. Nothing in this act shall abridge traditional immunities pertaining to statements made in court.

(16)(a) The state and its agencies and subdivisions are authorized to be self-insured, to enter into risk management programs, or to purchase liability insurance for whatever coverage they may choose, or to have any combination thereof, in anticipation of any claim, judgment, and claims bill which they may be liable to pay pursuant to this section. Agencies or subdivisions, and sheriffs, that are subject to homogeneous risks may purchase insurance jointly or may join together as self-insurers to provide other means of protection against tort claims, any charter provisions or laws to the contrary notwithstanding.

(b) Claims files maintained by any risk management program administered by the state, its agencies, and its subdivisions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until termination of all litigation and settlement of all claims arising out of the same incident, although portions of the claims files may remain exempt, as otherwise provided by law. Claims files records may be released to other governmental agencies upon written request and demonstration of need; such records held by the receiving agency remain confidential and exempt as provided for in this paragraph.

(c) Portions of meetings and proceedings conducted pursuant to any risk management program administered by the state, its agencies, or its subdivisions, which relate solely to the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution. Until termination of all litigation and settlement of all claims arising out of the same incident, persons privy to discussions pertinent to the evaluation of a filed claim shall not be subject to subpoena in any administrative or civil proceeding with regard to the content of those discussions.

(d) Minutes of the meetings and proceedings of any risk management program administered by the state, its agencies, or its subdivisions, which relate solely to the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until termination of all litigation and settlement of all claims arising out of the same incident.

(17) This section, as amended by chapter 81-317, Laws of Florida, shall apply only to causes of actions which accrue on or after October 1, 1981.

(18) No provision of this section, or of any other section of the Florida Statutes, whether read separately or in conjunction with any other provision, shall be construed to waive the immunity of the state or any of its agencies from suit in federal court, as such immunity is guaranteed by the Eleventh Amendment to the Constitution of the United States, unless such waiver is explicitly and definitely stated to be a waiver of the immunity of the state and its agencies from suit in federal court. This subsection shall not be construed to mean that the state has at any time previously waived, by implication, its immunity, or that of any of its agencies, from suit in federal court through any statute in existence prior to June 24, 1984.

(19) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship with another agency or subdivision of the state. Such a contract must not contain any provision that requires one party to indemnify or insure the other party for the other party’s negligence or to assume any liability for the other party’s negligence. This does not preclude a party from requiring a nongovernmental entity to provide such indemnification or insurance. The restrictions of this subsection do not prevent a regional water supply authority from indemnifying and assuming the liabilities of its member governments for obligations arising from past acts or omissions at or with property acquired from a member government by the authority and arising from the acts or omissions of the authority in performing activities contemplated by an interlocal agreement. Such indemnification may not be considered to increase or otherwise waive the limits of liability to third-party claimants established by this section.

(20) Every municipality, and any agency thereof, is authorized to undertake to indemnify those employees that are exposed to personal liability pursuant to the Clean Air Act Amendments of 1990, 42 U.S.C.A. ss. 7401 et seq., and all rules and regulations adopted to implement that act, for acts performed within the course and scope of their employment with the municipality or its agency, including but not limited to indemnification pertaining to the holding, transfer, or disposition of allowances allocated to the municipality’s or its agency’s electric generating units, and the monitoring, submission, certification, and compliance with permits, permit applications, records, compliance plans, and reports for those units, when such acts are performed within the course and scope of their employment with the municipality or its agency. The authority to indemnify under this section covers every act by an employee when such act is performed within the course and scope of her or his employment with the municipality or its agency, but does not cover any act of willful misconduct or any intentional or knowing violation of any law by the employee. The authority to indemnify under this section includes, but is not limited to, the authority to pay any fine and provide legal representation in any action.

History.—s. 1, ch. 73-313; s. 1, ch. 74-235; ss. 1, 2, 3, ch. 77-86; s. 9, ch. 79-139; s. 1, ch. 79-253; s. 284, ch. 79-400; s. 1, ch. 80-271; ss. 1, 2, ch. 81-317; s. 1, ch. 83-44; s. 1, ch. 83-257; s. 1, ch. 84-29; s. 1, ch. 84-335; s. 21, ch. 86-183; s. 1, ch. 86-184; s. 3, ch. 87-134; s. 2, ch. 88-173; ss. 55, 61, ch. 89-300; s. 92, ch. 89-360; s. 8, ch. 90-192; s. 3, ch. 91-209; s. 112, ch. 92-33; ss. 2, 11, ch. 92-278; s. 1, ch. 93-89; s. 34, ch. 93-129; s. 1, ch. 94-76; s. 2, ch. 94-147; s. 70, ch. 94-209; s. 21, ch. 94-321; s. 428, ch. 96-406; s. 34, ch. 97-93; s. 1809, ch. 97-102; s. 4, ch. 98-402; s. 289, ch. 99-8; s. 9, ch. 2000-155; s. 97, ch. 2002-20; s. 24, ch. 2002-183; s. 2, ch. 2002-401; s. 9, ch. 2003-159; s. 1903, ch. 2003-261; s. 1, ch. 2003-290; s. 67, ch. 2003-416; s. 1, ch. 2006-234; s. 1, ch. 2010-26; s. 1, ch. 2011-113; s. 3, ch. 2011-219; s. 126, ch. 2012-184; s. 12, ch. 2016-139; s. 33, ch. 2017-175; s. 3, ch. 2021-6; s. 1, ch. 2021-147; s. 10, ch. 2022-63; s. 125, ch. 2023-8; s. 3, ch. 2023-18; s. 8, ch. 2023-140; ss. 54, 59, 70, ch. 2024-15; s. 13, ch. 2024-183; s. 1, ch. 2024-271.

F.S. 768.28 on Google Scholar

F.S. 768.28 on CourtListener

Amendments to 768.28

Annotations, Discussions, Cases:

Cases Citing Statute 768.28

Total Results: 1000

Christopher J. Weiland v. Palm Beach County Sheriff's Office

792 F.3d 1313, 92 Fed. R. Serv. 3d 378, 2015 U.S. App. LEXIS 11750, 2015 WL 4098270

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2015 | Docket: 2671953

Cited 2023 times | Published

Florida courts have long recognized that Fla. Stat. § 768.28(9)(a) — which provides that the State and its

Commercial Carrier Corp. v. Indian River Cty.

371 So. 2d 1010

Supreme Court of Florida | Filed: Apr 19, 1979 | Docket: 1786725

Cited 312 times | Published

amended by chapter 74-235, Laws of Florida, section 768.28, Florida Statutes (1975).[1] The issue reaches

Trianon Park Condominium v. City of Hialeah

468 So. 2d 912, 53 U.S.L.W. 2522, 10 Fla. L. Weekly 210, 1985 Fla. LEXIS 2962

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402494

Cited 228 times | Published

certified the following question: Whether under section 768.28, Florida Statutes (1975), as construed in Commercial

Florida Dept. of Transp. v. Juliano

801 So. 2d 101, 26 Fla. L. Weekly Supp. 784, 2001 Fla. LEXIS 2275, 2001 WL 1472591

Supreme Court of Florida | Filed: Nov 21, 2001 | Docket: 1744871

Cited 223 times | Published

interrelationship of the sovereign immunity statute, section 768.28(9), Florida Statutes (1991), and the "unrelated

Carlile v. GAME AND FRESH WATER FISH COM'N

354 So. 2d 362, 1977 Fla. LEXIS 4079

Supreme Court of Florida | Filed: Nov 30, 1977 | Docket: 1682329

Cited 200 times | Published

by enactment of Chapter 73-313 (codified as Section 768.28, Florida Statutes (1975)), the general waiver

Kaisner v. Kolb

543 So. 2d 732, 1989 WL 33262

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729934

Cited 196 times | Published

in similar circumstances could be held liable. § 768.28, Fla. Stat. (Supp. 1980). On the face of the statute

Wallace v. Dean

3 So. 3d 1035, 34 Fla. L. Weekly Supp. 52, 2009 Fla. LEXIS 138, 2009 WL 196394

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1003277

Cited 159 times | Published

’s negligence-based wrongful-death claim. See § 768.28(1),(5), Fla. Stat. (2004); Slemp v. City of N

Everton v. Willard

468 So. 2d 936, 10 Fla. L. Weekly 201

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402273

Cited 112 times | Published

another, he is liable in damages for his tort. Section 768.28 says that if a private person be liable to

McGhee v. Volusia County

679 So. 2d 729, 1996 WL 365790

Supreme Court of Florida | Filed: Jul 3, 1996 | Docket: 2517990

Cited 99 times | Published

the scope of his duties in attacking McGhee. Section 768.28(9)(a), Florida Statutes (1989), provides that

Department of Transp. v. Neilson

419 So. 2d 1071

Supreme Court of Florida | Filed: Sep 14, 1982 | Docket: 369673

Cited 96 times | Published

involving negligent tortious conduct waived by section 768.28, Florida Statutes (1977), and that part of

Charlotte I. Gamble, Etc., Etc. v. The Florida Department of Health and Rehabilitative Services

779 F.2d 1509, 1986 U.S. App. LEXIS 21752

Court of Appeals for the Eleventh Circuit | Filed: Jan 14, 1986 | Docket: 561117

Cited 95 times | Published

federal court. Gamble first points to Fla.Stat.Ann. § 768.28 (West Supp.1985), the statutory enactment which

Rupp v. Bryant

417 So. 2d 658, 35 A.L.R. 4th 253

Supreme Court of Florida | Filed: Jul 15, 1982 | Docket: 2036389

Cited 95 times | Published

amendments to the sovereign immunity statute, section 768.28(9), Florida Statutes (1979), were unconstitutional

Lundgren v. Mcdaniel

814 F.2d 600, 1987 U.S. App. LEXIS 4798

Court of Appeals for the Eleventh Circuit | Filed: Apr 13, 1987 | Docket: 898059

Cited 80 times | Published

wrongful death claim against Sheriff McDaniel. Section 768.28(6) provides in pertinent part that:

Keck v. Eminisor

104 So. 3d 359, 37 Fla. L. Weekly Supp. 697, 2012 WL 5516053, 2012 Fla. LEXIS 2353

Supreme Court of Florida | Filed: Nov 15, 2012 | Docket: 60227458

Cited 76 times | Published

the benefit of sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes (2005), which entitles

Department Hrs v. Bjm

656 So. 2d 906, 1995 WL 242401

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1283687

Cited 64 times | Published

sovereign immunity in the State of Florida. Section 768.28, Florida Statutes (1993), waives governmental

Levine v. Dade County School Bd.

442 So. 2d 210, 15 Educ. L. Rep. 437, 1983 Fla. LEXIS 3160

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 2537971

Cited 64 times | Published

action as is required by section 768.28(6), Florida Statutes (1977). Section 768.28 is the statutory waiver

Young v. Progressive Southeastern Ins. Co.

753 So. 2d 80, 25 Fla. L. Weekly Supp. 120, 2000 Fla. LEXIS 86, 2000 WL 144188

Supreme Court of Florida | Filed: Feb 10, 2000 | Docket: 592622

Cited 63 times | Published

elected to be self-insured as permitted by section 768.28(15)(a), Florida Statutes (1995). Pursuant to

Avallone v. Bd. of County Com'rs Citrus Cty.

493 So. 2d 1002, 11 Fla. L. Weekly 312, 1986 Fla. LEXIS 2365

Supreme Court of Florida | Filed: Jul 10, 1986 | Docket: 1671865

Cited 61 times | Published

28. In Ingraham, we addressed the impact of section 768.28, Florida Statutes (1981), on section 286.28

Thomas A. Schopler, D.D.S. v. Rupert Bliss

903 F.2d 1373, 16 Fed. R. Serv. 3d 1199, 1990 U.S. App. LEXIS 10071, 1990 WL 74352

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 1990 | Docket: 507871

Cited 56 times | Published

Amendment immunity in adopting Fla.Stat. § 768.28. Section 768.28 expressly waives Florida’s sovereign immunity

Thomas A. Schopler, D.D.S. v. Rupert Bliss

903 F.2d 1373, 16 Fed. R. Serv. 3d 1199, 1990 U.S. App. LEXIS 10071, 1990 WL 74352

Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 1990 | Docket: 507871

Cited 56 times | Published

Amendment immunity in adopting Fla.Stat. § 768.28. Section 768.28 expressly waives Florida’s sovereign immunity

Pollock v. Florida Dept. of Highway Patrol

882 So. 2d 928, 2004 WL 1274334

Supreme Court of Florida | Filed: Jun 10, 2004 | Docket: 2516226

Cited 48 times | Published

(Fla.1999) (citing Art. X, § 13, Fla. Const.; § 768.28 Fla. Stat. (1995)).[4] Thus, "[t]here can be no

Hattaway v. McMillian

903 F.2d 1440, 1990 WL 75061

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1990 | Docket: 66254785

Cited 47 times | Published

with the Florida notice of claim provisions. Section 768.28 of the Florida Code contains a limited waiver

Hattaway v. McMillian

903 F.2d 1440, 1990 WL 75061

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1990 | Docket: 66254785

Cited 47 times | Published

with the Florida notice of claim provisions. Section 768.28 of the Florida Code contains a limited waiver

Dept. of Health & Rehab. Servs. v. Yamuni

529 So. 2d 258, 1988 WL 55622

Supreme Court of Florida | Filed: Jun 2, 1988 | Docket: 432294

Cited 47 times | Published

importance. Has the State of Florida, pursuant to section 768.28, Florida Statutes (1983), waived sovereign

Cauley v. City of Jacksonville

403 So. 2d 379

Supreme Court of Florida | Filed: Jul 16, 1981 | Docket: 1250787

Cited 46 times | Published

circuit court decision holding constitutional section 768.28(5), Florida Statutes (1977),[1] which by its

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

986 So. 2d 1260, 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426739

Cited 44 times | Published

and judgments against the State pursuant to section 768.28, Florida Statutes, is affected by section 11

Florida Dept. of Corrections v. Abril

969 So. 2d 201, 26 I.E.R. Cas. (BNA) 1343, 32 Fla. L. Weekly Supp. 635, 2007 Fla. LEXIS 1902

Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1404038

Cited 41 times | Published

this negligence under the agency provisions of section 768.28(10)(a), pursuant to which the State has waived

Henderson v. Bowden

737 So. 2d 532, 1999 WL 506970

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 1301095

Cited 41 times | Published

be held liable. See Art. X, § 13, Fla. Const.; § 768.28, Fla. Stat. (1995).[6] A threshold matter is whether

Jaar v. University of Miami

474 So. 2d 239, 27 Educ. L. Rep. 422

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 2041815

Cited 41 times | Published

the Trust, they were afforded immunity under section 768.28(9)(a), Florida Statutes (Supp. 1980). The trial

Jaar v. University of Miami

474 So. 2d 239, 27 Educ. L. Rep. 422

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 2041815

Cited 41 times | Published

the Trust, they were afforded immunity under section 768.28(9)(a), Florida Statutes (Supp. 1980). The trial

Hattway v. Mcmillian

903 F.2d 1440, 16 Fed. R. Serv. 3d 1177, 1990 U.S. App. LEXIS 10081

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 1990 | Docket: 2041801

Cited 40 times | Published

with the Florida notice of claim provisions. Section 768.28 of the Florida Code contains a limited waiver

American Home Assur. v. NAT. RR CORP.

908 So. 2d 459, 2005 WL 1580639

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397399

Cited 39 times | Published

restrictions on waiver of sovereign immunity found in section 768.28, Florida Statutes (1997). We answer "no" to

St. Mary's Hospital, Inc. v. Phillipe

769 So. 2d 961, 2000 WL 854258

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 2517725

Cited 39 times | Published

they have done so explicitly. For example, in section 768.28(5), a provision of Florida's Wrongful Death

Kohn v. City of Miami Beach

611 So. 2d 538, 1992 Fla. App. LEXIS 12346, 1992 WL 360847

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 1757409

Cited 39 times | Published

been committed with malice and bad faith, see § 768.28(9)(a), Fla. Stat. (1991); b) the civil rights

Richardson v. City of Pompano Beach

511 So. 2d 1121, 12 Fla. L. Weekly 2174

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 1338289

Cited 39 times | Published

question presented in this case is whether section 768.28(9)(a), Florida Statutes (Supp. 1984), immunizes

Rodriguez v. Miami-Dade County

117 So. 3d 400, 38 Fla. L. Weekly Supp. 445, 2013 WL 3214436, 2013 Fla. LEXIS 1314

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60232660

Cited 35 times | Published

case, the defendant asserted that, pursuant to section 768.28(9)(a), Florida Statutes (2005), he was entitled

Williams v. City of Minneola

619 So. 2d 983, 1993 WL 134075

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 1381973

Cited 35 times | Published

outrageous infliction of emotional distress. Section 768.28(9), Florida Statutes (1985), defines sovereign

Maggio v. Fla. Dept. of Labor & Emp. SEC.

899 So. 2d 1074, 2005 WL 673677

Supreme Court of Florida | Filed: Mar 24, 2005 | Docket: 757462

Cited 33 times | Published

SUBJECT TO THE PRESUIT NOTICE REQUIREMENTS OF SECTION 768.28(6), FLORIDA STATUTES (2003)? Id. at 692. We

Hutchins v. Mills

363 So. 2d 818

District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 2522573

Cited 33 times | Published

September 15, 1976, without prior compliance with Section 768.28(6) F.S. Notice was not given the State until

Florentino Prieto v. Manuel Malgor

361 F.3d 1313, 63 Fed. R. Serv. 1069, 58 Fed. R. Serv. 3d 198, 2004 U.S. App. LEXIS 4212, 2004 WL 396479

Court of Appeals for the Eleventh Circuit | Filed: Mar 4, 2004 | Docket: 213018

Cited 32 times | Published

bad faith or with malicious purpose. Fla.Code § 768.28(9)(a). After resting his case at trial, Plaintiff

Florentino Prieto v. Manuel Malgor

361 F.3d 1313, 63 Fed. R. Serv. 1069, 58 Fed. R. Serv. 3d 198, 2004 U.S. App. LEXIS 4212, 2004 WL 396479

Court of Appeals for the Eleventh Circuit | Filed: Mar 4, 2004 | Docket: 213018

Cited 32 times | Published

bad faith or with malicious purpose. Fla.Code § 768.28(9)(a). After resting his case at trial, Plaintiff

Hill v. Dept. of Corrections

513 So. 2d 129, 12 Fla. L. Weekly 495

Supreme Court of Florida | Filed: Sep 24, 1987 | Docket: 1295242

Cited 32 times | Published

importance: Has the State of Florida, pursuant to section 768.28, Florida Statutes (1983), waived its Eleventh

Reddish v. Smith

468 So. 2d 929, 10 Fla. L. Weekly 195

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402614

Cited 32 times | Published

summed up its decision by holding that although section 768.28 [Florida Statutes (1975)] evinces the intent

State, Dept. of Transp. v. Knowles

402 So. 2d 1155

Supreme Court of Florida | Filed: Jun 25, 1981 | Docket: 1313404

Cited 32 times | Published

Justice. This case brings us a familiar friend section 768.28, Florida Statutes (1977), which waives sovereign

Monroe v. Sarasota County School Bd.

746 So. 2d 530, 1999 Fla. App. LEXIS 16626, 1999 WL 1127729

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 1714851

Cited 31 times | Published

appear to be barred by sovereign immunity. See § 768.28(9)(a), Fla. Stat. (1995). Thus, Mr. Monroe sued

Holmes County School Bd. v. Duffell

651 So. 2d 1176, 20 Fla. L. Weekly Supp. 110, 1995 Fla. LEXIS 375, 1995 WL 94412

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476464

Cited 30 times | Published

action to recover for Lewis' negligence. Because section 768.28(9)(a), Florida Statutes (1991), immunized Lewis

Holmes County School Bd. v. Duffell

651 So. 2d 1176, 20 Fla. L. Weekly Supp. 110, 1995 Fla. LEXIS 375, 1995 WL 94412

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476464

Cited 30 times | Published

action to recover for Lewis' negligence. Because section 768.28(9)(a), Florida Statutes (1991), immunized Lewis

Doe v. Board of County Commissioners

783 F. Supp. 1379, 1992 U.S. Dist. LEXIS 1258, 58 Empl. Prac. Dec. (CCH) 41,471, 58 Fair Empl. Prac. Cas. (BNA) 809, 1992 WL 19749

District Court, S.D. Florida | Filed: Jan 30, 1992 | Docket: 793071

Cited 29 times | Published

to comply with the provisions of Fla.Stat.Ann. § 768.28 (West 1986 & Supp.1992). This statute, which partially

Jetton v. Jacksonville Elec. Auth.

399 So. 2d 396, 1981 Fla. App. LEXIS 19990

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1167099

Cited 29 times | Published

line, appeals a circuit court decision that Section 768.28(5), Florida Statutes (1977), constitutionally

Sierra v. Associated Marine Institutes, Inc.

850 So. 2d 582, 2003 WL 21393941

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 1783684

Cited 28 times | Published

from liability flows directly from the sovereign. § 768.28(2), Fla. Stat. (1997). AMI and BCWI, on the other

Thomas "Jack" Fitzgerald v. John P. McDaniel and Wayne "Cowboy" Morris, as Sheriff and Deputy Sheriff of Jackson County, Florida, Respectively

833 F.2d 1516, 1987 U.S. App. LEXIS 16301, 24 Fed. R. Serv. 441

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1987 | Docket: 583136

Cited 28 times | Published

with the notice provisions of Florida Statute § 768.28(6); (3) whether the district court lacked jurisdiction

Chapman v. Pinellas County

423 So. 2d 578

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 544750

Cited 28 times | Published

already immune. Effective January 1, 1975, section 768.28 waived sovereign immunity of counties from

DISTRICT SCH. BD. OF LAKE CTY. v. Talmadge

381 So. 2d 698

Supreme Court of Florida | Filed: Feb 14, 1980 | Docket: 1758146

Cited 28 times | Published

this authorization, the legislature enacted section 768.28, waiving the state's *700 sovereign immunity

Hennagan v. DEPT. OF HIGHWAY SAFETY

467 So. 2d 748, 10 Fla. L. Weekly 891

District Court of Appeal of Florida | Filed: Apr 9, 1985 | Docket: 2038313

Cited 27 times | Published

Department of Highway Safety and Motor Vehicles.[3] Section 768.28(1), Florida Statutes (1977),[4] in effect at

Gonzalez v. Metro. Dade Cty. Health Trust

651 So. 2d 673, 1995 WL 81882

Supreme Court of Florida | Filed: Mar 2, 1995 | Docket: 1518202

Cited 26 times | Published

conduct claim against one of its employees. See § 768.28(9)(a), Fla. Stat. (Supp. 1988).[2] "The very need

Menendez v. North Broward Hosp. Dist.

537 So. 2d 89, 13 Fla. L. Weekly 717, 1988 Fla. LEXIS 1315, 1988 WL 134583

Supreme Court of Florida | Filed: Dec 15, 1988 | Docket: 427261

Cited 25 times | Published

REQUIREMENT OF NOTICE TO THE DEPARTMENT CONTAINED IN SECTION 768.28(6) BE WAIVED BY CONDUCT OF THE DEFENDING AGENCY

Thompson v. Douds

852 So. 2d 299, 2003 WL 21673043

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 1711024

Cited 24 times | Published

they were entitled to statutory immunity under section 768.28(9), Florida Statutes (1997). After significant

Orange County v. Piper

523 So. 2d 196, 1988 WL 32043

District Court of Appeal of Florida | Filed: Apr 14, 1988 | Docket: 472832

Cited 24 times | Published

join in Mr. Piper's claim,[1] as required by section 768.28(6), Florida Statutes (1981) warrants its dismissal

Berek v. Metropolitan Dade County

422 So. 2d 838, 1982 Fla. LEXIS 2606

Supreme Court of Florida | Filed: Nov 24, 1982 | Docket: 2451786

Cited 24 times | Published

the statutory waiver of sovereign immunity, section 768.28, Florida Statutes (1979). Petitioner then sought

Beard v. Hambrick

396 So. 2d 708

Supreme Court of Florida | Filed: Mar 5, 1981 | Docket: 1732082

Cited 24 times | Published

deputies are not included within the provisions of section 768.28, Florida Statutes (Supp. 1974),[1] which waives

Willingham v. City of Orlando

929 So. 2d 43, 2006 WL 1288595

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1727033

Cited 23 times | Published

personal liability for damages by virtue of section 768.28(9)(a), Florida Statutes (2003), because his

Willis v. Dade County School Bd.

411 So. 2d 245, 3 Educ. L. Rep. 458

District Court of Appeal of Florida | Filed: Mar 2, 1982 | Docket: 2450865

Cited 22 times | Published

County School Board for damages pursuant to Section 768.28, Florida Statutes (1979) waiving sovereign

Florida Dhrs v. Sap

835 So. 2d 1091

Supreme Court of Florida | Filed: Nov 27, 2002 | Docket: 1643385

Cited 21 times | Published

application of the statute of limitations, section 768.28(12), Florida Statutes (1993). This section

Department of Educ. v. Roe

679 So. 2d 756, 1996 WL 399860

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 2515815

Cited 21 times | Published

the limited waiver of sovereign immunity in section 768.28, Florida Statutes (1995), that such a claim

Department of Educ. v. Roe

679 So. 2d 756, 1996 WL 399860

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 2515815

Cited 21 times | Published

the limited waiver of sovereign immunity in section 768.28, Florida Statutes (1995), that such a claim

Carter v. City of Stuart

468 So. 2d 955, 10 Fla. L. Weekly 198

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402493

Cited 21 times | Published

states, we said: So we, too, hold that although section 768.28 evinces the intent of our legislature to waive

Berry v. State

400 So. 2d 80

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1263547

Cited 21 times | Published

activity and, consequently, in accord with Section 768.28, Florida Statutes (1979), which grants a limited

S.A.P. v. State, Department of Health & Rehabilitative Services

704 So. 2d 583, 1997 Fla. App. LEXIS 10279

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64778338

Cited 20 times | Published

application of the statute of limitations, section 768.28(12), Florida Statutes (1993). This section

Berek v. Metropolitan Dade Cty.

396 So. 2d 756, 1981 Fla. App. LEXIS 18979

District Court of Appeal of Florida | Filed: Mar 24, 1981 | Docket: 2537398

Cited 20 times | Published

by the waiver of sovereign immunity statute, Section 768.28, Florida Statutes (1979), entered judgment

Navarro v. City of Riviera Beach

192 F. Supp. 3d 1353, 2016 U.S. Dist. LEXIS 117792, 2016 WL 4257311

District Court, S.D. Florida | Filed: Jun 29, 2016 | Docket: 64309361

Cited 19 times | Published

WL 976380, at *1 (M.D.Fla. Mar. 18, 2011). Section 768.28(9)(a), Florida Statutes, provides that the

Parker v. STATE OF FLORIDA BD. OF REGENTS

724 So. 2d 163, 1998 WL 896451

District Court of Appeal of Florida | Filed: Dec 28, 1998 | Docket: 1410069

Cited 18 times | Published

fraud committed by Dean Cnudde pursuant to section 768.28(9)(a), Florida Statutes (1989). The trial court

Stoll v. Noel

694 So. 2d 701, 1997 WL 166241

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 1732635

Cited 18 times | Published

importance: WHETHER IMMUNITY PURSUANT TO FLORIDA STATUTE 768.28 SHOULD BE GRANTED TO PHYSICIAN CONSULTANTS

Michigan Millers Mut. Ins. Co. v. Bourke

607 So. 2d 418, 17 Fla. L. Weekly Supp. 680, 1992 Fla. LEXIS 1866, 1992 WL 318438

Supreme Court of Florida | Filed: Nov 5, 1992 | Docket: 1526270

Cited 18 times | Published

Thus, Michigan Millers contends that because section 768.28, Florida Statutes (1987), limits any recovery

Shands Teaching Hosp. & Clinics v. Lee

478 So. 2d 77, 28 Educ. L. Rep. 948

District Court of Appeal of Florida | Filed: Oct 18, 1985 | Docket: 1484580

Cited 18 times | Published

malpractice.... (emphasis supplied) We agree that section 768.28(8) may limit attorney's fees awarded under

Everton v. Willard

426 So. 2d 996

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1283250

Cited 18 times | Published

created by the application and interpretation of section 768.28, Florida Statutes (1979), and Commercial Carrier

Rabideau v. State

409 So. 2d 1045

Supreme Court of Florida | Filed: Jan 28, 1982 | Docket: 525828

Cited 18 times | Published

waiver of sovereign immunity provisions of section 768.28, Florida Statutes (1979). The district court

Florida Atlantic University Board of Trustees v. Lindsey

50 So. 3d 1205, 2010 Fla. App. LEXIS 19449, 2010 WL 5174015

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 438233

Cited 17 times | Published

and that the claim against him was barred by section 768.28(9)(a)[1], Florida Statutes (2008). Lindsey

Garcia v. Reyes

697 So. 2d 549, 1997 WL 373822

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1777036

Cited 17 times | Published

be barred by sovereign immunity. See generally § 768.28, Fla. Stat. (1995). In his third amended complaint

Johnson v. STATE HRS

695 So. 2d 927, 1997 WL 355185

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1522087

Cited 17 times | Published

C. § 1983 and the Florida Tort Claims Act, section 768.28, Florida Statutes (Supp.1988), against appellees

DeBolt v. Dept. of Health & Rehab. Services

427 So. 2d 221

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 1648053

Cited 17 times | Published

immunity is instead governed, they argue, by Section 768.28, Florida Statutes (1981), which in general

Metropolitan Casualty Insurance Co. v. Tepper

2 So. 3d 209, 34 Fla. L. Weekly Supp. 111, 2009 Fla. LEXIS 143, 2009 WL 217978

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1138556

Cited 16 times | Published

(1997); §§ 766.106(2) and (3), Fla. Stat. (1997); § 768.28(6)(a), Fla. Stat. (1997). Dominion of Canada,

Seguine v. City of Miami

627 So. 2d 14, 1993 WL 406636

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 2448506

Cited 16 times | Published

waived by statute. See Art. X, § 13, Fla. Const. Section 768.28, Florida Statutes (1985),[1] in turn, expressly

STATE, DEPT. OF TRANSP. v. Bailey

603 So. 2d 1384, 1992 Fla. App. LEXIS 9273, 1992 WL 206385

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 433854

Cited 16 times | Published

*1386 award of prejudgment interest based on Section 768.28(5), Florida Statutes, which preserves the state's

PUBLIC H. TRUST OF DADE CTY. v. Knuck

495 So. 2d 834, 11 Fla. L. Weekly 2123

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 1758741

Cited 16 times | Published

Memorial Hospital on June 12, 1985, pursuant to section 768.28(6)(a), Florida Statutes (Supp. 1984), satisfied

Bellavance v. State

390 So. 2d 422

District Court of Appeal of Florida | Filed: Nov 13, 1980 | Docket: 1504174

Cited 16 times | Published

redefined the waiver of sovereign immunity under Section 768.28, Florida Statutes. As a tool in identifying

DEPT. OF HEALTH & REHAB. SERV. v. McDougall

359 So. 2d 528

District Court of Appeal of Florida | Filed: May 25, 1978 | Docket: 2518110

Cited 16 times | Published

its sovereign immunity which it accomplished by § 768.28, Florida Statutes. That statute states in pertinent

Crocker v. Pleasant

778 So. 2d 978, 2001 WL 81770

Supreme Court of Florida | Filed: Feb 1, 2001 | Docket: 1290491

Cited 15 times | Published

acting in "bad faith" or "with malicious purpose." § 768.28(9)(a), Fla. Stat. (2000).[11] Indeed, the trial

Andrews v. Florida Parole Com'n

768 So. 2d 1257, 2000 WL 1530915

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1525510

Cited 15 times | Published

confident that the legislature in enacting section 768.28 could not and did not intend to waive any quasi-judicial

Klonis v. State, Dept. of Revenue

766 So. 2d 1186, 2000 WL 1298940

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1329890

Cited 15 times | Published

limited waiver of sovereign immunity embodied in section 768.28, Florida Statutes (1973), as well as the waiver

Sebring Utilities Com'n v. Sicher

509 So. 2d 968, 12 Fla. L. Weekly 1626, 1987 Fla. App. LEXIS 9127

District Court of Appeal of Florida | Filed: Jul 1, 1987 | Docket: 1362378

Cited 15 times | Published

extended to municipalities and their agencies by section 768.28, Florida Statutes (1981) and, second, and more

Eldred v. North Broward Hosp. Dist.

498 So. 2d 911, 11 Fla. L. Weekly 601

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 1334845

Cited 15 times | Published

within the sovereign immunity provisions of section 768.28, Florida Statutes (1975), and certified the

Shuttleworth v. Broward County

639 F. Supp. 654, 1 Am. Disabilities Cas. (BNA) 925, 1986 U.S. Dist. LEXIS 23064, 40 Empl. Prac. Dec. (CCH) 36,308, 41 Fair Empl. Prac. Cas. (BNA) 406

District Court, S.D. Florida | Filed: Jul 8, 1986 | Docket: 1341204

Cited 15 times | Published

WRITTEN NOTIFICATION OF HIS CLAIMS AS REQUIRED BY § 768.28(6)(a) OF THE FLORIDA STATUTES The defendants argue

Lee v. South Broward Hosp. Dist.

473 So. 2d 1322

District Court of Appeal of Florida | Filed: Jul 9, 1985 | Docket: 1510468

Cited 15 times | Published

purview of the waiver of sovereign immunity under Section 768.28, Florida Statutes (Supp. 1980). The trial court

Hollis v. School Bd. of Leon County

384 So. 2d 661

District Court of Appeal of Florida | Filed: May 19, 1980 | Docket: 1269701

Cited 15 times | Published

under Section 768.28, is the superintendent an agency or subdivision of the state? Section 768.28(1) permits

Brown v. City of Vero Beach

64 So. 3d 172, 2011 Fla. App. LEXIS 10188, 2011 WL 2555637

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60301386

Cited 14 times | Published

waiver of sovereign immunity it created in section 768.28, Florida Statutes. The plaintiffs argue that

MCI Telecommunications Corp. v. Bellsouth Telecommunications Inc.

298 F.3d 1269, 2002 U.S. App. LEXIS 15467, 2002 WL 1732800

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 2002 | Docket: 397425

Cited 14 times | Published

sovereign immunity. See Fla. Stat. Ann. § 768.28(17); Coll. Sav. Bank v. Florida Prepaid

Dennis v. City of Tampa

581 So. 2d 1345, 1991 Fla. App. LEXIS 4991, 1991 WL 90277

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1683900

Cited 14 times | Published

litigation under the waiver of sovereign immunity. § 768.28, Fla. Stat.(1989). The supreme court in Trianon

Eddy v. City of Miami

715 F. Supp. 1553, 1989 U.S. Dist. LEXIS 7981, 1989 WL 76096

District Court, S.D. Florida | Filed: May 16, 1989 | Docket: 1357474

Cited 14 times | Published

is made under the Florida Wrongful Death Act, § 768.28, Florida Statutes. The claims arise from a tragic

Schick v. Florida Dept. of Agriculture

504 So. 2d 1318, 12 Fla. L. Weekly 779

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 453613

Cited 14 times | Published

program. We note at the outset that enactment of section 768.28, Florida Statutes,[1] "eliminated the immunity

Kempfer v. St. Johns River Water Management

475 So. 2d 920, 10 Fla. L. Weekly 1921

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 1302231

Cited 14 times | Published

III. Sovereign Immunity Appellees urge that section 768.28, Florida Statutes (1975), the statute waiving

City of Pembroke Pines v. Atlas

474 So. 2d 237, 10 Fla. L. Weekly 139, 1985 Fla. App. LEXIS 11805

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 413141

Cited 14 times | Published

allege compliance with the notice provision of section 768.28(6), Florida Statutes (1983) in order to vest

Askew v. County of Volusia

450 So. 2d 233, 1984 Fla. App. LEXIS 12664

District Court of Appeal of Florida | Filed: Apr 5, 1984 | Docket: 1729129

Cited 14 times | Published

failure to comply with the notice requirements of section 768.28(6), Florida Statutes (1981). Appellant Askew

Bryant v. School Bd. of Duval County, Fla.

399 So. 2d 417

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1167108

Cited 14 times | Published

closing hours of the 1980 legislative session, Section 768.28(9) was amended. See Laws of Florida, Chapter

Parker v. American Traffic Solutions, Inc.

835 F.3d 1363, 2016 U.S. App. LEXIS 16142, 2016 WL 4542719

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2016 | Docket: 65662022

Cited 13 times | Published

involving individual immunity under Fla. Stat. § 768.28). Keck is instructive. Keck held that individual

Taylor v. School Bd. of Brevard County

888 So. 2d 1, 29 Fla. L. Weekly Supp. 421, 2004 Fla. LEXIS 1322, 2004 WL 1846219

Supreme Court of Florida | Filed: Aug 19, 2004 | Docket: 1697169

Cited 13 times | Published

torts pursuant to section 768.28(9)(a) of the Florida Statutes (1999). Section 768.28(9)(a) provides, in

Johnson v. Cannon

947 F. Supp. 1567, 1996 U.S. Dist. LEXIS 17672, 1996 WL 685647

District Court, M.D. Florida | Filed: Nov 19, 1996 | Docket: 1013879

Cited 13 times | Published

an individual could be held liable. Fla.Stat. § 768.28 (1996). On the face of the statute, this waiver

RD & G LEASING, INC. v. Stebnicki

626 So. 2d 1002, 1993 Fla. App. LEXIS 10930, 1993 WL 431974

District Court of Appeal of Florida | Filed: Oct 26, 1993 | Docket: 1286086

Cited 13 times | Published

terms involves the jurisdictional effects of section 768.28, Florida Statutes (1989), a consideration which

Craft v. John Sirounis and Sons, Inc.

575 So. 2d 795, 1991 WL 32078

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1731225

Cited 13 times | Published

sovereign immunity statute precludes such action in section 768.28(9)(a), Fla. Stat. (1989) which provides: The

DeAlmeida v. Graham

524 So. 2d 666, 1987 WL 471

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1701425

Cited 13 times | Published

that the trial court erred in failing to apply section 768.28, Florida Statutes (1986 Supp.), to the hospital

Lundgren v. McDaniel

814 F.2d 600

Court of Appeals for the Eleventh Circuit | Filed: Apr 13, 1987 | Docket: 66224394

Cited 13 times | Published

wrongful death claim against Sheriff McDaniel. Section 768.28(6) provides in pertinent part that: An action

Gerard v. Dept. of Transp.

472 So. 2d 1170, 10 Fla. L. Weekly 374, 1985 Fla. LEXIS 3660

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2451776

Cited 13 times | Published

payment of the statutory amount specified in section 768.28(5), Florida Statutes (1979), precludes a further

Davis v. State, Dept. of Corrections

460 So. 2d 452

District Court of Appeal of Florida | Filed: Dec 3, 1984 | Docket: 1766459

Cited 13 times | Published

improvement project are not actionable under section 768.28. (2) Defects not inherent in the overall plan

C.P. ex rel. Perez v. Collier County

145 F. Supp. 3d 1085, 2015 U.S. Dist. LEXIS 155943, 2015 WL 7272683

District Court, M.D. Florida | Filed: Nov 18, 2015 | Docket: 64305401

Cited 12 times | Published

but rather that they are barred by Fla. Stat. § 768.28(9)(a). Two portions of the statute are relevant

Provident Mgmt. Corp. v. TREASURE ISLAND

796 So. 2d 481, 2001 WL 543679

Supreme Court of Florida | Filed: May 24, 2001 | Docket: 2449095

Cited 12 times | Published

importance: DO THE LIMITATIONS ON LIABILITY IN SECTION 768.28, FLORIDA STATUTES (1989), APPLY TO A CLAIM

Teel v. United Technologies Pratt & Whitney

953 F. Supp. 1534, 1997 U.S. Dist. LEXIS 2147, 1997 WL 71826

District Court, S.D. Florida | Filed: Feb 17, 1997 | Docket: 1247487

Cited 12 times | Published

Citron court made an analogy to another statute, § 768.28, Florida Statutes the pre-suit notice requirement

Metropolitan Dade County v. Reyes

688 So. 2d 311, 21 Fla. L. Weekly Supp. 552, 1996 Fla. LEXIS 2139, 1996 WL 726868

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 443925

Cited 12 times | Published

distinct notice pursuant to the provisions of section 768.28(6)(a), Florida Statutes (1989). We find that

Sanders v. Mayor's Jewelers, Inc.

942 F. Supp. 571, 1996 U.S. Dist. LEXIS 14223, 70 Empl. Prac. Dec. (CCH) 44,654, 76 Fair Empl. Prac. Cas. (BNA) 355, 1996 WL 550129

District Court, S.D. Florida | Filed: Aug 2, 1996 | Docket: 1247485

Cited 12 times | Published

768.72 Under the foregoing analysis, Fla. Stat. § 768.28 applies to this case. As a result, decisions of

Solimando v. International Med. Centers

544 So. 2d 1031

District Court of Appeal of Florida | Filed: May 3, 1989 | Docket: 1301386

Cited 12 times | Published

requirements of section 768.57 are not jurisdictional. Section 768.28(6), Florida Statutes (1987) requires pre-litigation

New Port Largo, Inc. v. Monroe County

706 F. Supp. 1507, 1988 U.S. Dist. LEXIS 15603, 1988 WL 147648

District Court, S.D. Florida | Filed: Nov 21, 1988 | Docket: 1157756

Cited 12 times | Published

statutory immunities: Fla.Stat.Ann. § 768.28(9)(a) and § 768.28(6)(a). Fahrer also seeks to dismiss *1524

Comuntzis v. Pinellas County School Bd.

508 So. 2d 750, 40 Educ. L. Rep. 1085

District Court of Appeal of Florida | Filed: Jun 5, 1987 | Docket: 2517203

Cited 12 times | Published

allege facts sufficient to negate immunity under section 768.28(9)(a), Florida Statutes (1985). Based upon

Huhn v. Dixie Ins. Co.

453 So. 2d 70

District Court of Appeal of Florida | Filed: May 17, 1984 | Docket: 1163323

Cited 12 times | Published

common-law standards for immunity by enacting section 768.28, Florida Statutes.[2] The statute was intended

Whitney v. Marion County Hosp. Dist.

416 So. 2d 500

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1225266

Cited 12 times | Published

and that plaintiffs had failed to comply with section 768.28(6), Florida Statutes (1977), the notice provision

Bishop v. State, Division of Retirement

413 So. 2d 776, 4 Educ. L. Rep. 681

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 2534294

Cited 12 times | Published

state within three years after the claim arises. § 768.28(6), Fla. Stat. Appellants' benefits vested at

Eiras v. Florida Department of Business & Professional Regulation Division of Alcoholic Beverages & Tobacco

239 F. Supp. 3d 1331, 2017 U.S. Dist. LEXIS 31766, 2017 WL 897305

District Court, M.D. Florida | Filed: Mar 7, 2017 | Docket: 64313076

Cited 11 times | Published

immune from suit pursuant to Florida Statute section 768.28(9)(a). See Baker Motion at ¶¶ 7-9. Similarly

Country Place Community Ass'n v. J.P. Morgan Mortgage Acquisition Corp.

51 So. 3d 1176, 2010 Fla. App. LEXIS 19829, 2010 WL 5350879

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2406687

Cited 11 times | Published

give the requisite notice in accordance with section 768.28(6)(a), Florida Statutes. Id. The circuit court

Lindberg v. Hosp. Corp. of America

545 So. 2d 1384, 1989 WL 75737

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 1702833

Cited 11 times | Published

That section has been frequently analogized to section 768.28(6), Florida Statutes (1987)[2] which requires

Robert Shawn Majette v. Michael O'COnnOr

811 F.2d 1416, 1987 U.S. App. LEXIS 2933

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 1987 | Docket: 1497956

Cited 11 times | Published

with the notice provisions of Florida Statutes § 768.-28(6). The district court dismissed the claims against

Scavella v. Fernandez

371 So. 2d 535

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 1786895

Cited 11 times | Published

with the three year notice period provided by Section 768.28(6), Florida Statutes (1977), the judgment of

City of Boynton Beach v. Weiss

120 So. 3d 606, 2013 WL 4081058, 2013 Fla. App. LEXIS 12728

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234152

Cited 10 times | Published

disregard of human rights, safety, or property. § 768.28(9)(a), Fla. Stat. (2007). While battery is an

Lemay v. Kondrk

923 So. 2d 1188, 2006 WL 565935

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1745143

Cited 10 times | Published

immune from liability and suit by virtue of section 768.28(9)(a), Florida Statutes (1998), in that he

Moran v. City of Lakeland

694 So. 2d 886, 1997 Fla. App. LEXIS 6529, 1997 WL 317076

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1450649

Cited 10 times | Published

failure to comply with notice requirement of section 768.28 because federal law preempts imposition of

Denno Ex Rel. Denno v. School Board of Volusia County

959 F. Supp. 1481, 1997 U.S. Dist. LEXIS 10872, 1997 WL 120053

District Court, M.D. Florida | Filed: Feb 3, 1997 | Docket: 2268414

Cited 10 times | Published

Plaintiff has failed to comply with Fla. Stat. § 768.28(6) which provides that a suit can only be brought

Gomez v. Metro Dade County, Fla.

801 F. Supp. 674, 1992 U.S. Dist. LEXIS 13501, 60 Empl. Prac. Dec. (CCH) 41,935, 59 Fair Empl. Prac. Cas. (BNA) 1191, 1992 WL 196826

District Court, S.D. Florida | Filed: Jul 24, 1992 | Docket: 1773358

Cited 10 times | Published

deliberate intent to injure, it is barred by Fla. Stat. § 768.28(9)(a). Florida's Workers' Compensation Act, Fla

Elliott v. Dugger

579 So. 2d 827, 1991 WL 75549

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 1728776

Cited 10 times | Published

injury, or the sovereign immunity provisions of section 768.28(9)(a), Florida Statutes (1985). We affirm the

City of Winter Haven v. Allen

541 So. 2d 128, 1989 WL 23504

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 66413

Cited 10 times | Published

chapter 87-134, Laws of Florida (1987), amending section 768.28, Florida Statutes (1985), prevailed as to the

Southern Alliance Corp. v. City of Winter Haven

505 So. 2d 489, 12 Fla. L. Weekly 830

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 428948

Cited 10 times | Published

damages and to remove the statutory immunity of section 768.28(9)(a), Florida Statutes (1983). On May 9, 1985

Lloyd v. Hines

474 So. 2d 376, 10 Fla. L. Weekly 1935

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 1487382

Cited 10 times | Published

such entity was not appellant's exclusive remedy. § 768.28(9)(a), Fla. Stat. In 42 U.S.C. § 1983 actions

Shinholster v. Graham

527 F. Supp. 1318

District Court, N.D. Florida | Filed: Nov 30, 1981 | Docket: 2269584

Cited 10 times | Published

before such a claim may be brought to court. Section 768.28(6), Florida Statutes (Supp.1980), states: (6)

Rumbough v. City of Tampa

403 So. 2d 1139, 16 ERC 1817

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 1250530

Cited 10 times | Published

constituted a single act or occurrence under section 768.28(5), Florida Statutes (1979). Traditionally

Weston v. State

373 So. 2d 701

District Court of Appeal of Florida | Filed: Jul 24, 1979 | Docket: 1772597

Cited 10 times | Published

question raised on this appeal is whether or not § 768.28, Fla. Stat., provides for a waiver of sovereign

STATE EX REL., DIV. OF ADMIN. v. Oliff

350 So. 2d 484

District Court of Appeal of Florida | Filed: Sep 13, 1977 | Docket: 1715737

Cited 10 times | Published

immunity in tort actions has been waived by Section 768.28, Florida Statutes (1975), to the extent of

Watts v. City of Hollywood

146 F. Supp. 3d 1254, 2015 U.S. Dist. LEXIS 159784, 2015 WL 7709671

District Court, S.D. Florida | Filed: Nov 17, 2015 | Docket: 64305500

Cited 9 times | Published

subject to vicarious liability. Florida Statute section 768.28—the statute governing waiver of sovereign immunity—

Lozman v. City of Riviera Beach

39 F. Supp. 3d 1392, 2014 U.S. Dist. LEXIS 117994

District Court, S.D. Florida | Filed: Aug 19, 2014 | Docket: 64296704

Cited 9 times | Published

written “notice of claim” to the City, pursuant to § 768.28(6), Fla. Stat., asserting First Amendment, Fourth

Ross v. Jim Adams Ford, Inc.

871 So. 2d 312, 2004 WL 1057655

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1300677

Cited 9 times | Published

sovereign immunity in section 768.28, Florida Statutes (2003). A claim under section 768.28 can be maintained

VonDrasek v. City of St. Petersburg

777 So. 2d 989, 25 Fla. L. Weekly Fed. D 2123

District Court of Appeal of Florida | Filed: Sep 1, 2000 | Docket: 462365

Cited 9 times | Published

complied with the presuit notice requirements of section 768.28(6), Florida Statutes (1993), by submitting

White v. City of Waldo

659 So. 2d 707, 1995 WL 504916

District Court of Appeal of Florida | Filed: Aug 28, 1995 | Docket: 1748109

Cited 9 times | Published

law for bringing suit against the state." "Section 768.28, Florida Statutes (1993), waives governmental

White v. City of Waldo

659 So. 2d 707, 1995 WL 504916

District Court of Appeal of Florida | Filed: Aug 28, 1995 | Docket: 1748109

Cited 9 times | Published

law for bringing suit against the state." "Section 768.28, Florida Statutes (1993), waives governmental

Lee v. Montgomery

624 So. 2d 850, 1993 WL 387161

District Court of Appeal of Florida | Filed: Oct 4, 1993 | Docket: 475230

Cited 9 times | Published

limit of liability imposed for such actions by section 768.28, Florida Statutes. In our opinion, such a conclusion

Austin v. Gaylord

603 So. 2d 66, 1992 WL 176975

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1475766

Cited 9 times | Published

process *67 had to be effected in accordance with section 768.28(7), Florida Statutes (1989). This subsection

Pelican Marine Carriers, Inc. v. City of Tampa

791 F. Supp. 845, 1993 A.M.C. 567, 1992 U.S. Dist. LEXIS 21116, 1992 WL 86418

District Court, M.D. Florida | Filed: Apr 14, 1992 | Docket: 993666

Cited 9 times | Published

City of Tampa contends that Florida Statute Section 768.28 precludes recovery of monetary damages against

Dunagan v. Seely

533 So. 2d 867, 1988 WL 113835

District Court of Appeal of Florida | Filed: Oct 28, 1988 | Docket: 1233092

Cited 9 times | Published

sovereign immunity has not been waived under section 768.28, Florida Statutes. We reject that conclusion

Bryant v. DUVAL CTY. HOSPITAL AUTHORITY

459 So. 2d 1154, 9 Fla. L. Weekly 2480, 1984 Fla. App. LEXIS 16390

District Court of Appeal of Florida | Filed: Nov 28, 1984 | Docket: 1282370

Cited 9 times | Published

should not be afforded immunity under *1155 section 768.28(9)(a), Florida Statutes (1981). We disagree

Parrish v. Mullis

458 So. 2d 401

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1453048

Cited 9 times | Published

So.2d 1267 (Fla. 1st DCA 1983), we held that section 768.28(9)(a), Florida Statutes (Supp. 1980), may not

Rabideau v. State

391 So. 2d 283

District Court of Appeal of Florida | Filed: Dec 4, 1980 | Docket: 1174567

Cited 9 times | Published

his employment when the accident occurred, and § 768.28, Florida Statutes, which waives sovereign immunity

Casado v. Miami-Dade Cnty.

340 F. Supp. 3d 1320

District Court, S.D. Florida | Filed: Oct 23, 2018 | Docket: 64321157

Cited 8 times | Published

the remaining state law claims as barred by Section 768.28(9)(a) of the Florida Statutes and/or sovereign

Florida Department of Transportation v. Dorthy Schwefringhaus

188 So. 3d 840, 41 Fla. L. Weekly Supp. 137, 2016 WL 1375699, 2016 Fla. LEXIS 721

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051608

Cited 8 times | Published

LIABILITY UNDER THE CROSSING AGREEMENT LIMITED BY SECTION 768.28(5), FLORIDA STATUTES (2002)?' Id.

Whitaker v. Miami-Dade County

126 F. Supp. 3d 1313, 2015 U.S. Dist. LEXIS 118461, 2015 WL 5155251

District Court, S.D. Florida | Filed: Feb 20, 2015 | Docket: 64303864

Cited 8 times | Published

tort actions to a certain extent, see Fla. Stat. § 768.28, Florida’s sovereign-immunity waiver does not

Rumler v. DEPARTMENT OF CORRECTIONS, FLORIDA

546 F. Supp. 2d 1334, 2008 WL 1848777

District Court, M.D. Florida | Filed: Apr 25, 2008 | Docket: 1484166

Cited 8 times | Published

the Defendant as required by Florida Statutes section 768.28(6). Id. ¶ 7. II. Procedural History The Complaint

Miami-Dade County v. Fente

949 So. 2d 1101, 2007 WL 403782

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 2542705

Cited 8 times | Published

Fla. Const. That immunity has been waived in section 768.28 of the Florida Statutes, which expressly authorizes

DCF v. Amora

944 So. 2d 431

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1649385

Cited 8 times | Published

dollars, which was reduced to $50,000 pursuant to section 768.28(5), Florida Statutes. Id. The supreme court

Breaux v. City of Miami Beach

899 So. 2d 1059, 2005 WL 673649

Supreme Court of Florida | Filed: Mar 24, 2005 | Docket: 1705823

Cited 8 times | Published

State's waiver of sovereign immunity set forth in section 768.28, Florida Statutes (2004).[2]*1062 Accordingly

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257, 2004 WL 1809862

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1281834

Cited 8 times | Published

to all the benefits of sovereign immunity. See § 768.28, Fla. Stat. (2001). The trial court's judgment

Randles v. Moore

780 So. 2d 158, 2001 WL 27791

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 1708606

Cited 8 times | Published

the court to dismiss the complaint based on section 768.28(9)(a), Florida Statutes (1999), the complaint

Randles v. Moore

780 So. 2d 158, 2001 WL 27791

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 1708606

Cited 8 times | Published

the court to dismiss the complaint based on section 768.28(9)(a), Florida Statutes (1999), the complaint

Osten v. City of Homestead

757 So. 2d 1243, 16 I.E.R. Cas. (BNA) 549, 2000 Fla. App. LEXIS 5525, 2000 WL 561627

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331649

Cited 8 times | Published

comply with the statutory notice requirements of section 768.28, Florida Statutes (1997). We affirm for the

Layton v. DEPT. OF HWY SAFETY & MOTOR VEH.

676 So. 2d 1038, 1996 WL 362706

District Court of Appeal of Florida | Filed: Jul 2, 1996 | Docket: 1693120

Cited 8 times | Published

City of Hialeah, 468 So.2d 912 (Fla.1985). Section 768.28(5), Florida Statutes (1989), imposes liability

Public Health Trust v. Menendez

584 So. 2d 567, 1991 WL 155129

Supreme Court of Florida | Filed: Aug 15, 1991 | Docket: 1515218

Cited 8 times | Published

jurisdiction within 4 years after such claim accrues. § 768.28(11), Fla. Stat. (Supp. 1980). This statute contains

State, Dept. of Corrections v. Koch

582 So. 2d 5, 1991 WL 70846

District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 1363860

Cited 8 times | Published

Statutes, and the sovereign immunity provision in § 768.28(9)(a), Florida Statutes. Appellees, the survivors

Tunnell v. Hicks

574 So. 2d 264, 1991 WL 15003

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 1436667

Cited 8 times | Published

proper denial of the claim, as required by Section 768.28(6)(a), Florida Statutes (1989). We reverse

Florida Ins. Guar. Ass'n, Inc. v. Cole

573 So. 2d 868, 1990 WL 177724

District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 1518699

Cited 8 times | Published

interpretation of "claim" in sovereign immunity. Section 768.28(5), Florida Statutes, has always limited the

State v. Robinson

565 So. 2d 730, 1990 WL 84421

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 1726048

Cited 8 times | Published

the operational negligence of police officers. § 768.28, Fla. Stat. (1989); Kaisner v. Kolb, 543 So.2d

McClelland v. Cool

547 So. 2d 975, 1989 WL 84319

District Court of Appeal of Florida | Filed: Jul 28, 1989 | Docket: 1474785

Cited 8 times | Published

or property sufficient under the criteria in section 768.28(9)(a), Florida Statutes (1987), to constitute

Brennan v. City of Minneola, Fla.

723 F. Supp. 1442, 1989 U.S. Dist. LEXIS 12616, 1989 WL 128483

District Court, M.D. Florida | Filed: Mar 13, 1989 | Docket: 1198243

Cited 8 times | Published

Defendants' third assertion is grounded in Fla. Stat. § 768.28(6), a notice of claim statute. However, this statute

Spooner v. Department of Corrections

514 So. 2d 1077, 12 Fla. L. Weekly 499

Supreme Court of Florida | Filed: Sep 24, 1987 | Docket: 2555618

Cited 8 times | Published

Court: Has the State of Florida, pursuant to Section 768.28, Florida Statutes (1983), waived its Eleventh

Pierce v. Town of Hastings

509 So. 2d 1134, 12 Fla. L. Weekly 1407, 1987 Fla. App. LEXIS 8590

District Court of Appeal of Florida | Filed: Jun 4, 1987 | Docket: 2514579

Cited 8 times | Published

pending issue as to the application of Florida Statute 768.28(5), as to whether or not the TOWN OF HASTINGS'

McSwain v. Dussia

499 So. 2d 868, 11 Fla. L. Weekly 2560

District Court of Appeal of Florida | Filed: Dec 8, 1986 | Docket: 1731382

Cited 8 times | Published

the Department of Insurance, as required by section 768.28(6), Florida Statutes (1985). The first point

Wemett v. Duval County

485 So. 2d 892, 11 Fla. L. Weekly 753

District Court of Appeal of Florida | Filed: Apr 1, 1986 | Docket: 415710

Cited 8 times | Published

complaint. Appellant failed to comply with Section 768.28(6)(a), Florida Statutes, prior to bringing

Rivera v. Dade County

485 So. 2d 17, 11 Fla. L. Weekly 630

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1276448

Cited 8 times | Published

1985). Appellant's second point is without merit. § 768.28(7), Fla. Stat. (1983). See Levine v. Dade County

White v. HILLSBOROUGH CTY. HOSP. AUTH.

448 So. 2d 2

District Court of Appeal of Florida | Filed: Jul 15, 1983 | Docket: 1523123

Cited 8 times | Published

court's order upholding the constitutionality of section 768.28(9), Florida Statutes (Supp. 1980), which precludes

Kirkland Ex Rel. Kirkland v. State, Dept. of Hlt. Etc.

424 So. 2d 925

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 1297105

Cited 8 times | Published

allege willful and wanton conduct as required by section 768.28(9)(a), Florida Statutes (1980). Kirkland stood

Donisi v. Trout

415 So. 2d 730

District Court of Appeal of Florida | Filed: Sep 9, 1981 | Docket: 2449098

Cited 8 times | Published

exceeded the $50,000 limitation set forth in Section 768.28, Florida Statutes (1977). Article X, § 13 of

Dukanauskas v. Metropolitan Dade County

378 So. 2d 74, 1979 Fla. App. LEXIS 16227

District Court of Appeal of Florida | Filed: Dec 18, 1979 | Docket: 1795618

Cited 8 times | Published

the written notice requirements prescribed by Section 768.28(6), Florida Statutes (1975) prior to instituting

Cheney v. Dade County

353 So. 2d 623

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 424049

Cited 8 times | Published

application of Section 768.28, Florida Statutes (1975), to the facts of this case. Section 768.28 is, in pertinent

State Department of Environmental Protection v. Garcia

99 So. 3d 539, 2011 Fla. App. LEXIS 12097, 2011 WL 3300540

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60313064

Cited 7 times | Published

statutory limits of liability set forth in section 768.28, Florida Statutes (1997), in the amount of

Furtado v. Yun Chung Law

51 So. 3d 1269, 2011 Fla. App. LEXIS 1057, 2011 WL 309411

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 60297536

Cited 7 times | Published

statute can serve as a basis for liability, section 768.28, Florida Statutes (2006), and the immunity

Trumbull Insurance Co. v. Wolentarski

2 So. 3d 1050, 2009 Fla. App. LEXIS 761, 2009 WL 249203

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1643786

Cited 7 times | Published

comply with the notice requirements stated in section 768.28(6)(a) of the Florida Statutes.[1] Wolentarski

DEPT. OF ENVIRONMENTAL PROTECTION v. Hardy

907 So. 2d 655, 2005 Fla. App. LEXIS 11810, 2005 WL 1787444

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 1513001

Cited 7 times | Published

rights, safety, or property," as required under section 768.28(9)(a), Florida Statutes (1997), to hold DEP

Rudloe v. Karl

899 So. 2d 1161, 2005 WL 771231

District Court of Appeal of Florida | Filed: Apr 7, 2005 | Docket: 1353238

Cited 7 times | Published

sovereign immunity bars recovery on such a theory. See § 768.28(9)(a), Fla. Stat. (2000) ("The state or its subdivisions

Ondrey v. Patterson

884 So. 2d 50, 2004 WL 359927

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1683142

Cited 7 times | Published

U.S.C. § 1983 and sovereign immunity under section 768.28(9)(a), Florida Statutes (1999). In reviewing

Markham v. Broward County

825 So. 2d 472, 2002 WL 1798539

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 1691311

Cited 7 times | Published

"immunity" when waiving sovereign immunity for torts. § 768.28. The exemptions in chapter 196 apply only to property

Kelley v. Jackson County Tax Collector

745 So. 2d 1040, 1999 WL 965617

District Court of Appeal of Florida | Filed: Oct 25, 1999 | Docket: 2576119

Cited 7 times | Published

failed to provide presuit notice as required by section 768.28, Florida Statutes (1997). The dismissal was

First American Title Ins. Co. v. Dixon

603 So. 2d 562, 1992 WL 161618

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 1739002

Cited 7 times | Published

indexing the claim.[1] *564 SOVEREIGN IMMUNITY Section 768.28(5), Florida Statutes (1991), provides for a

Hufford v. Rodgers

912 F.2d 1338, 1990 WL 128215

Court of Appeals for the Eleventh Circuit | Filed: Sep 25, 1990 | Docket: 66257858

Cited 7 times | Published

parties to this action, however, refer us to Section 768.28(15), Fla.Stat. The State of Florida waived

Carpenter v. City of St. Petersburg

547 So. 2d 339, 1989 WL 89682

District Court of Appeal of Florida | Filed: Aug 11, 1989 | Docket: 1738772

Cited 7 times | Published

immune from an action in tort by reason of section 768.28(9)(a), unless he acted in bad faith or maliciously

City of Tarpon Springs v. Garrigan

510 So. 2d 1198, 12 Fla. L. Weekly 2017

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1754258

Cited 7 times | Published

immunity had been waived by the enactment of section 768.28, Florida Statutes (1983). We disagree because

City of Tarpon Springs v. Garrigan

510 So. 2d 1198, 12 Fla. L. Weekly 2017

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1754258

Cited 7 times | Published

immunity had been waived by the enactment of section 768.28, Florida Statutes (1983). We disagree because

Hansen v. State

503 So. 2d 1324, 12 Fla. L. Weekly 724

District Court of Appeal of Florida | Filed: Mar 10, 1987 | Docket: 1452791

Cited 7 times | Published

basis that the causes of action were barred by section 768.28(6), Florida Statutes, (1979), by virtue of

Bryant v. Duval County Hosp. Authority

502 So. 2d 459, 37 Educ. L. Rep. 994

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 1657627

Cited 7 times | Published

alleged: Plaintiffs have complied with Florida Statute 768.28. Notice to the Defendant Duval County Hospital

Whack v. SEMINOLE MEMORIAL HOSP.

456 So. 2d 561, 9 Fla. L. Weekly 2089, 1984 Fla. App. LEXIS 15227

District Court of Appeal of Florida | Filed: Sep 27, 1984 | Docket: 2515752

Cited 7 times | Published

failed to comply with the notice provision of Section 768.28(6), Florida Statutes. On March 17, 1982, Judge

Burkett v. Calhoun County

441 So. 2d 1108

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 834433

Cited 7 times | Published

comply with the notice provision contained in Section 768.28(6), Florida Statutes (1981). We affirm. On

Crawford v. DEPT. OF MILITARY AFFAIRS, ETC.

412 So. 2d 449

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 528556

Cited 7 times | Published

the state has waived sovereign immunity under section 768.28, Florida Statutes (1979). We note initially

GERMAN FLOREZ v. BROWARD SHERIFF'S OFFICE and HOWARD FORMAN, in his official capacity, etc.

270 So. 3d 417

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988993

Cited 6 times | Published

(Fla. 1999) (citing Art. X, § 13, Fla. Const.; § 768.28 Fla. Stat. (1995)). However, before considering

State of Florida, Department of Elder Affairs v. Clare Caldwell

199 So. 3d 1107, 2016 Fla. App. LEXIS 13481, 2016 WL 4697958

District Court of Appeal of Florida | Filed: Sep 8, 2016 | Docket: 4420094

Cited 6 times | Published

Legislature waived sovereign immunity under section 768.28(5), Florida Statutes, that provision applies

National Auto Service Centers, Inc. v. F/R 550, LLC

192 So. 3d 498, 2016 Fla. App. LEXIS 4820, 2016 WL 1238265

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049198

Cited 6 times | Published

state can be equitably estopped from asserting section 768.28(13), Florida Statutes (1993), which sets a

City of Freeport v. Beach Community Bank

108 So. 3d 684, 2013 WL 598417, 2013 Fla. App. LEXIS 2509

District Court of Appeal of Florida | Filed: Feb 18, 2013 | Docket: 60229200

Cited 6 times | Published

limited waiver of sovereign tort immunity in section 768.28, Florida Statutes, the doctrine of separation

Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group

64 So. 3d 1187, 36 Fla. L. Weekly Supp. 133, 2011 Fla. LEXIS 780, 2011 WL 1304921

Supreme Court of Florida | Filed: Apr 7, 2011 | Docket: 2364032

Cited 6 times | Published

must also determine how the fees authorized by section 768.28 are to be apportioned when survivors are represented

Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group

64 So. 3d 1187, 36 Fla. L. Weekly Supp. 133, 2011 Fla. LEXIS 780, 2011 WL 1304921

Supreme Court of Florida | Filed: Apr 7, 2011 | Docket: 2364032

Cited 6 times | Published

must also determine how the fees authorized by section 768.28 are to be apportioned when survivors are represented

Hall v. Knipp

982 So. 2d 1196, 2008 WL 2115673

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1664922

Cited 6 times | Published

disregard of human rights, safety, or property." § 768.28(9)(a), Fla. Stat. (2005). See Boggess v. Sch.

SHANDS TEACHING HOSP. AND CLINICS v. Sidky

936 So. 2d 715, 2006 WL 2355290

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1651087

Cited 6 times | Published

venue privilege set forth in Florida Statutes section 768.28(1), we reverse. Kim Ambry, as the Personal

Walker v. McDonough

929 So. 2d 1127, 2006 WL 1409131

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 1421726

Cited 6 times | Published

failure to comply with conditions precedent under section 768.28, Florida Statutes (2003). The agency defendants

Lemay v. Kondrk

860 So. 2d 1022, 2003 WL 22867619

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1511631

Cited 6 times | Published

threshold for personal liability set forth in section 768.28(9)(a), Florida Statutes (1998). REVERSED and

Motor v. CITRUS COUNTY SCHOOL BD.

856 So. 2d 1054, 2003 Fla. App. LEXIS 14902, 2003 WL 22259206

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1708580

Cited 6 times | Published

favor of the school board. We affirm. Under section 768.28, Florida Statutes (2001), a person who sues

Dominion of Canada v. STATE FARM AND CAS. CO.

754 So. 2d 852, 2000 Fla. App. LEXIS 4174, 2000 WL 353942

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 431390

Cited 6 times | Published

766.106(2) and (3), Fla. *857 Stat. (1997)[3]; § 768.28(6)(a), Fla. Stat. (1997).[4] We conclude that

Fla. Dept. of Natural Resources v. Garcia

753 So. 2d 72, 2000 WL 144186

Supreme Court of Florida | Filed: Feb 10, 2000 | Docket: 1433122

Cited 6 times | Published

707 So.2d at 1160. According to the State, section 768.28(18), Florida Statutes (1999), precludes government

Theodore Ex Rel. Theodore v. Graham

733 So. 2d 538, 1999 WL 123542

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 2569940

Cited 6 times | Published

affirmative defense of sovereign immunity under section 768.28(9)(a), Florida Statutes (1997), which provides

Cole v. Department of Corrections

726 So. 2d 854, 1999 WL 69657

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1711540

Cited 6 times | Published

Department of Insurance, as required by statute. See § 768.28(7), Fla. Stat. (1991). However, appellant maintained

Book v. City of Winter Park

718 So. 2d 945, 1998 Fla. App. LEXIS 13167, 1998 WL 727374

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 466263

Cited 6 times | Published

was irrelevant to the City's liability under section 768.28, Florida Statutes, the lawfulness of Book's

Clark v. Sarasota County Public Hospital Board

65 F. Supp. 2d 1308, 1998 U.S. Dist. LEXIS 22696, 1998 WL 1112980

District Court, M.D. Florida | Filed: Aug 31, 1998 | Docket: 2297682

Cited 6 times | Published

the presuit notice and pleading requirements of § 768.28, Florida Statutes, which provides for a limited

Williams v. Henderson

687 So. 2d 838, 1996 WL 723384

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 1370501

Cited 6 times | Published

failure to comply with the notice requirements of section 768.28, Florida Statutes (1989), the waiver of sovereign

Williams v. Henderson

687 So. 2d 838, 1996 WL 723384

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 1370501

Cited 6 times | Published

failure to comply with the notice requirements of section 768.28, Florida Statutes (1989), the waiver of sovereign

Smart v. Monge

667 So. 2d 957, 1996 WL 60459

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 2510793

Cited 6 times | Published

ground that Smart failed to comply with the section 768.28(6), Florida Statutes (1991), notice-of-claim

Amica Mut. Ins. Co. v. Amato

667 So. 2d 802, 1995 WL 540399

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 454559

Cited 6 times | Published

was that the city was a self-insurer under section 768.28(15)(a),[2] Florida Statutes (1993), and as

Rice v. Brown

645 So. 2d 1020, 1994 WL 551519

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1654445

Cited 6 times | Published

out of one incident. § 768.28(5), Fla. Stat. (1983).[3] In spite of section 768.28's imposition of a cap

Overseas Private Investment Corp. v. Metropolitan Dade County

826 F. Supp. 1564, 1993 U.S. Dist. LEXIS 9823, 1993 WL 263440

District Court, S.D. Florida | Filed: May 27, 1993 | Docket: 1066616

Cited 6 times | Published

County of the suit in accordance with Fla.Stat. § 768.28(6), and 7) the special interrogatory verdict form

Wright v. POLK CTY. PUBLIC HEALTH UNIT

601 So. 2d 1318, 1992 WL 157466

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 1710912

Cited 6 times | Published

precedent to the bringing of this action." Section 768.28(6)(a), Florida Statutes (1987), a provision

L.S.T., Inc. v. Crow

772 F. Supp. 1254, 1991 U.S. Dist. LEXIS 12954, 1991 WL 183331

District Court, M.D. Florida | Filed: Sep 12, 1991 | Docket: 1402416

Cited 6 times | Published

punitive damage claims. See Florida Statutes section 768.28(5) (1989). However, Plaintiffs plead their

Ortega v. Schramm

922 F.2d 684, 1991 WL 1377

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 1991 | Docket: 66260311

Cited 6 times | Published

sovereign immunity in tort actions. Fla. Stat. § 768.28 (1985).1 Suit was brought against Defendants Schramm

Metropolitan Dade County v. Norton

543 So. 2d 1301, 14 Fla. L. Weekly 1316, 1989 Fla. App. LEXIS 3043, 1989 WL 56024

District Court of Appeal of Florida | Filed: May 30, 1989 | Docket: 1729815

Cited 6 times | Published

dismissal of the count for malicious prosecution. Section 768.28, Florida Statutes (1985), does not waive sovereign

Redner v. Citrus County, Fla.

710 F. Supp. 318, 1989 U.S. Dist. LEXIS 3204, 1989 WL 31245

District Court, M.D. Florida | Filed: Feb 13, 1989 | Docket: 1026947

Cited 6 times | Published

compliance with the notice requirements of Fla. Stat. § 768.28(6) compels its dismissal. Regarding Count III

Howlett Ex Rel. Howlett v. Rose

537 So. 2d 706, 1989 WL 7511

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 97739

Cited 6 times | Published

state courts except to the extent provided in section 768.28, Florida Statutes (1985) for traditional state

School Bd. of Orange County v. Coffey

524 So. 2d 1052, 13 Fla. L. Weekly 899, 1988 Fla. App. LEXIS 1357, 1988 WL 29175

District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 1701422

Cited 6 times | Published

finding of waiver in Avallone, in favor of a new section 768.28(5), which states that "the state or agency

Florida Medical Center v. DEPT. OF HRS

511 So. 2d 677

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 1700741

Cited 6 times | Published

requirements of Florida's Tort Claims Act, Section 768.28(6)(a), Florida Statutes, held that the statute

City of Haines City v. Allen

509 So. 2d 982, 12 Fla. L. Weekly 1685, 1987 Fla. App. LEXIS 9268

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1361903

Cited 6 times | Published

personal injury claim against the city pursuant to section 768.28, Florida Statutes. Before any action was filed

DeRosa v. Shands Teaching Hosp. & Clinics, Inc.

504 So. 2d 1313, 39 Educ. L. Rep. 478

District Court of Appeal of Florida | Filed: Mar 16, 1987 | Docket: 453549

Cited 6 times | Published

appellees were entitled to sovereign immunity under section 768.28(9), Florida Statutes. We find the "law of the

Meli v. Dade County School Bd.

490 So. 2d 120, 33 Educ. L. Rep. 599, 11 Fla. L. Weekly 1061, 1986 Fla. App. LEXIS 7711

District Court of Appeal of Florida | Filed: May 6, 1986 | Docket: 1489111

Cited 6 times | Published

which must be given a sovereign, pursuant to section 768.28(6), Florida Statutes (1985), before the sovereign

City of North Bay Village v. Braelow

469 So. 2d 869, 10 Fla. L. Weekly 1198

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 1271725

Cited 6 times | Published

conform the judgment to the requirements of section 768.28, Florida Statutes (1979), and a motion for

City of Coconut Creek v. Fowler

474 So. 2d 820, 10 Fla. L. Weekly 1053

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 1470253

Cited 6 times | Published

must also be reversed under the authority of Section 768.28(9), Florida Statutes (1979). A 1980 amendment

Mrowczynski v. Vizenthal

445 So. 2d 1099

District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1685474

Cited 6 times | Published

failed to comply with the notice requirements of Section 768.28(6), Florida Statutes (1981), and the court

Young v. Palm Beach County

443 So. 2d 450

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 1746989

Cited 6 times | Published

appellant failed to allege 1) compliance with Section 768.28(6), Florida Statutes (1981), 2) that the conditions

City of Lake Worth v. Nicolas

434 So. 2d 315

Supreme Court of Florida | Filed: Jul 7, 1983 | Docket: 1693240

Cited 6 times | Published

trial court's attention to the last sentence of section 768.28(5), Florida Statutes (1975), which provides:

Showell Industries, Inc. v. Holmes County

409 So. 2d 78, 1982 Fla. App. LEXIS 18904

District Court of Appeal of Florida | Filed: Jan 14, 1982 | Docket: 525677

Cited 6 times | Published

that the third party complaint was barred by Section 768.28(6), Florida Statutes (1975), the statute of

State, Dept. of Transp. v. Knowles

388 So. 2d 1045

District Court of Appeal of Florida | Filed: Jul 11, 1980 | Docket: 419622

Cited 6 times | Published

Daniel Knowles and $10,000 for Kay Knowles under Section 768.28(5), Florida Statutes (1977).[1] The court then

Pitts v. METROPOLITAN DADE CTY.

374 So. 2d 996

District Court of Appeal of Florida | Filed: Sep 6, 1979 | Docket: 2510959

Cited 6 times | Published

appellant's primary contention is that pursuant to Section 768.28, Florida Statutes (1977), the limited waiver

State Bd. of Regents v. Yant

360 So. 2d 99

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 1474238

Cited 6 times | Published

Judge. We are here called upon to construe F.S. 768.28, by which the State of Florida partially waived

State Bd. of Regents v. Yant

360 So. 2d 99

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 1474238

Cited 6 times | Published

Judge. We are here called upon to construe F.S. 768.28, by which the State of Florida partially waived

Cobb's Auto Sales, Inc. v. Melvin Coleman

353 So. 2d 922

District Court of Appeal of Florida | Filed: Jan 4, 1978 | Docket: 424264

Cited 6 times | Published

appellee, Melvin Coleman. The issue is whether Florida Statute 768.28 relating to the waiver of sovereign immunity

Joynt v. Star Ins. Co.

314 F. Supp. 3d 1233

District Court, M.D. Florida | Filed: Jun 1, 2018 | Docket: 64319035

Cited 5 times | Published

for torts liability subject to Florida Statute § 768.28 (2011), which sets a cap on tort recovery for

Moradiellos v. Gerelco Traffic Controls, Inc.

176 So. 3d 329, 2015 Fla. App. LEXIS 13272, 2015 WL 5158490

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690032

Cited 5 times | Published

government is expressly authorized. See § 768.28(9)(a), Fla. Stat. (2014); see also Aravena

& SC13-1874 Enock Plancher, etc. v. UCF Athletics Association, Inc. and Enock Plancher, etc. v. UCF Athletics Association, Inc.

175 So. 3d 724, 2015 WL 2458015

Supreme Court of Florida | Filed: May 28, 2015 | Docket: 2660326

Cited 5 times | Published

entitled to limited sovereign immunity under section 768.28, Florida Statutes (2008). Id. at

Tillman v. Orange County

519 F. App'x 632

Court of Appeals for the Eleventh Circuit | Filed: May 17, 2013 | Docket: 65705525

Cited 5 times | Published

and wanton actions of its employees. Fla. Stat. § 768.28(9); Ford v. Rowland, 562 So.2d 731, 734 (Fla.

Cabral v. City of Miami Beach

76 So. 3d 324, 2011 Fla. App. LEXIS 17000, 2011 WL 5061350

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 2357424

Cited 5 times | Published

in a claim for damages, as is required under section 768.28, Florida Statutes (2010).[1] Again, on December

Bifulco v. Patient Business & Financial Services, Inc.

39 So. 3d 1255, 30 I.E.R. Cas. (BNA) 1689, 35 Fla. L. Weekly Supp. 368, 2010 Fla. LEXIS 989, 2010 WL 2518200

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1656343

Cited 5 times | Published

subject to the presuit notice requirements of section 768.28(6), Florida Statutes (2004).[2] For the reasons

Noel v. SHELDON J. SCHLESINGER, PA

984 So. 2d 1265, 2008 WL 2512383

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 1823751

Cited 5 times | Published

000 to the Noels, that portion authorized by section 768.28(5), Florida Statutes (2007), the waiver of

Andrew v. Shands at Lake Shore, Inc.

970 So. 2d 887, 2007 WL 4438862

District Court of Appeal of Florida | Filed: Dec 20, 2007 | Docket: 1694690

Cited 5 times | Published

a cause of action. The motion was based on section 768.28(9)(a), Florida Statutes (2002), which provides

Moore v. Miami-Dade County

502 F. Supp. 2d 1224, 2007 U.S. Dist. LEXIS 60941, 2007 WL 2302481

District Court, S.D. Florida | Filed: Jul 18, 2007 | Docket: 1630324

Cited 5 times | Published

actions through the enactment of Florida Statute § 768.28. The State, however, waived its sovereign immunity

Moore v. Miami-Dade County

502 F. Supp. 2d 1224, 2007 U.S. Dist. LEXIS 60941, 2007 WL 2302481

District Court, S.D. Florida | Filed: Jul 18, 2007 | Docket: 1630324

Cited 5 times | Published

actions through the enactment of Florida Statute § 768.28. The State, however, waived its sovereign immunity

Wagner v. Orange County

960 So. 2d 785, 2007 WL 1709537

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 1165155

Cited 5 times | Published

The County paid Wagner $100,000 pursuant to section 768.28, Florida Statutes, and Wagner has pursued the

Financial Healthcare Associates, Inc. v. Public Health Trust

488 F. Supp. 2d 1231, 2007 U.S. Dist. LEXIS 39186, 2007 WL 1492889

District Court, S.D. Florida | Filed: May 18, 2007 | Docket: 2293948

Cited 5 times | Published

the tort was not committed with bad faith. See § 768.28(1), (9)(a), Fla. Stat.[3] Because bad faith is

Fernander v. Bonis

947 So. 2d 584, 2007 WL 5742

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 1720428

Cited 5 times | Published

of Fernander's complaint failed to satisfy section 768.28(9)(a), Florida Statutes. That statute provides

Gallagher v. Manatee County

927 So. 2d 914, 2006 WL 229044

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 1765505

Cited 5 times | Published

which by reference adopts the $100,000 cap in section 768.28(5), Florida Statutes (2002).[1] Gallagher argues

MS v. Nova Southeastern University Inc.

881 So. 2d 614, 2004 WL 1620851

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1465517

Cited 5 times | Published

it was entitled to sovereign immunity under section 768.28, Florida Statutes (2002), as an "agent" of

Carestio v. School Bd. of Broward County

866 So. 2d 754, 2004 WL 330873

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1680079

Cited 5 times | Published

appeal the Final Summary Judgment. We reverse. Section 768.28, Florida Statutes (1999), provides for a waiver

City of Miami v. Valdez

847 So. 2d 1005, 2003 Fla. App. LEXIS 5679, 2003 WL 1916836

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1686588

Cited 5 times | Published

to pay $100,000 to Marcos Valdez pursuant to section 768.28, Florida Statutes (2002). On December 6, 1996

Dahl v. Eckerd Family Youth Alternatives, Inc.

843 So. 2d 956, 2003 WL 1876973

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 1670613

Cited 5 times | Published

immunity. In support of its assertion Eckerd cites section 768.28(11)(a), Florida Statutes (2001): Providers

Pondella Hall for Hire, Inc. v. City of St. Cloud

837 So. 2d 510, 2003 Fla. App. LEXIS 519, 2003 WL 161683

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 1527532

Cited 5 times | Published

immunity, which requires notice pursuant to section 768.28(6)(a), Florida Statutes. No such notice was

Fernandez v. City of Cooper City

207 F. Supp. 2d 1371, 2002 WL 1308762

District Court, S.D. Florida | Filed: May 10, 2002 | Docket: 2175001

Cited 5 times | Published

one count for wrongful death under Fla. Stat. § 768.28. The City is entitled to summary judgment on both

Tennant v. Florida

111 F. Supp. 2d 1326, 2000 U.S. Dist. LEXIS 13950, 2000 WL 1346167

District Court, S.D. Florida | Filed: Jan 13, 2000 | Docket: 2427559

Cited 5 times | Published

2) whether Florida waived its immunity through § 768.28, Florida Statutes. B. The FDLE is a State Agency

United Services Auto. Ass'n v. Phillips

740 So. 2d 1205, 1999 WL 550790

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 1456913

Cited 5 times | Published

limited sovereign immunity waiver contained in section 768.28, Florida Statutes (1995). The excess endorsement

Metropolitan Dade County v. Frederic

698 So. 2d 291, 22 Fla. L. Weekly 1663, 1997 Fla. App. LEXIS 7767, 1997 WL 374367

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 434901

Cited 5 times | Published

automatic reduction of the awards to $100,000. See § 768.28, Fla.Stat. (1989) (judgment may be claimed and

Public Health Trust v. Franklin

693 So. 2d 1043, 1997 WL 244952

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1524336

Cited 5 times | Published

vicariously liable for their actions or omissions. § 768.28(9)(a), Fla. Stat. (1995). After hearing arguments

Hernandez v. Metro-Dade County

992 F. Supp. 1365, 1997 U.S. Dist. LEXIS 21751, 1997 WL 833305

District Court, S.D. Florida | Filed: May 7, 1997 | Docket: 1018015

Cited 5 times | Published

to dismiss this count based on Florida Statute § 768.28(9)(a): No officer, employee, or agent of the state

Kelley v. Rice

670 So. 2d 1094, 1996 WL 124682

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 1245835

Cited 5 times | Published

statute of limitations for a negligence action, section 768.28(12), Florida Statutes (1989). The different

City of Miami v. Cisneros

662 So. 2d 1272, 1995 Fla. App. LEXIS 9581, 1995 WL 539749

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 1282672

Cited 5 times | Published

After providing notice of Ricky's claim under section 768.28 Florida Statutes (1993), Mrs. Cisneros, in

Spradley v. Martin

897 F. Supp. 560, 1995 U.S. Dist. LEXIS 12150, 1995 WL 500364

District Court, M.D. Florida | Filed: Aug 21, 1995 | Docket: 1621220

Cited 5 times | Published

Florida provides an adequate state remedy under Section 768.28, Florida Statutes (1991), to redress these

Dixon v. Whitfield

654 So. 2d 1230, 1995 WL 264013

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 1303544

Cited 5 times | Published

school bus contractors and operators) under section 768.28, Florida Statutes (1987). A jury trial was

Lucas v. Cannon

848 F. Supp. 168, 1994 U.S. Dist. LEXIS 4399, 1994 WL 121708

District Court, M.D. Florida | Filed: Mar 29, 1994 | Docket: 1338209

Cited 5 times | Published

claim. On May 17, 1993, pursuant to Fla.Stat. § 768.28, Plaintiff filed notice of her claim to the Sheriff

Gardner v. Broward County

631 So. 2d 319, 1994 WL 19071

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 1465020

Cited 5 times | Published

1989, her counsel sent the notice required by section 768.28(6), Florida Statutes (Supp. 1988), to the county

Holmes County School Bd. v. Duffell

630 So. 2d 639, 1994 Fla. App. LEXIS 14, 1994 WL 1899

District Court of Appeal of Florida | Filed: Jan 6, 1994 | Docket: 1519562

Cited 5 times | Published

into the shoes of the liable fellow employee. § 768.28, Fla. Stat. (1991). Thus, it is not inconsistent

Nanz v. Southwest Florida Water Management District

617 So. 2d 735, 1993 Fla. App. LEXIS 3647, 1993 WL 95587

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 64695867

Cited 5 times | Published

complete tort immunity would conflict with section 768.28, Florida Statutes (1989), which in general

Chandler v. Novak

596 So. 2d 749, 1992 WL 64540

District Court of Appeal of Florida | Filed: Mar 31, 1992 | Docket: 1707696

Cited 5 times | Published

within the limitations period as required by section 768.28(6), Florida Statutes (1977), barred the action

DUYSER BY DUYSER v. School Bd. of Broward County

573 So. 2d 130, 1991 WL 702

District Court of Appeal of Florida | Filed: Jan 9, 1991 | Docket: 1518777

Cited 5 times | Published

from liability for the acts of the teacher. Section 768.28(9)(a), Florida Statutes (1989) provides the

Metropolitan Dade County v. Coats

559 So. 2d 71, 1990 WL 2096

District Court of Appeal of Florida | Filed: Feb 5, 1990 | Docket: 936773

Cited 5 times | Published

were purported notices of claim required by section 768.28(6), Florida Statutes. Metro Dade filed an answer

Hamide v. STATE, DEPT. OF CORRECTIONS

548 So. 2d 877, 14 Fla. L. Weekly 2170, 1989 Fla. App. LEXIS 5124, 1989 WL 106764

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 1333293

Cited 5 times | Published

years after the claim arose, as required by section 768.28(6), Florida Statutes (1983). The motion acknowledges

Hardcastle v. Mohr

483 So. 2d 874, 11 Fla. L. Weekly 546

District Court of Appeal of Florida | Filed: Feb 28, 1986 | Docket: 1511938

Cited 5 times | Published

had failed to comply with the requirements of section 768.28(6), Florida Statutes (1981). Under this section

Windham v. Florida Dept. of Transp.

476 So. 2d 735, 10 Fla. L. Weekly 2252, 1985 Fla. App. LEXIS 16074

District Court of Appeal of Florida | Filed: Sep 27, 1985 | Docket: 1681396

Cited 5 times | Published

of the statute waiving sovereign immunity, Section 768.28, Florida Statutes (effective July 1, 1974)

Rice v. Lee

477 So. 2d 1009

District Court of Appeal of Florida | Filed: Jul 2, 1985 | Docket: 1320209

Cited 5 times | Published

date of the 1979 amendments to § 768.28(9), Fla. Stat. Section 768.28(9), (1975), which was applicable

Ashley v. Lámar

468 So. 2d 433, 10 Fla. L. Weekly 1084

District Court of Appeal of Florida | Filed: May 2, 1985 | Docket: 1725581

Cited 5 times | Published

had complied with the notice provisions of section 768.28(6)(a), Florida Statutes (1983).[1] In her complaint

Department of Prof. Reg. v. Rentfast

467 So. 2d 486

District Court of Appeal of Florida | Filed: Apr 18, 1985 | Docket: 1274806

Cited 5 times | Published

award of attorney's fees against it by applying section 768.28, Florida Statutes (1983). DPR and Johnson appeal

Meeker v. Addison

586 F. Supp. 216

District Court, S.D. Florida | Filed: Jul 6, 1984 | Docket: 1505780

Cited 5 times | Published

actions, which is governed by Florida Statute § 768.28, and civil rights suits brought under 42 U.S.C

Galbreath v. Shortle

416 So. 2d 37

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 336480

Cited 5 times | Published

was granted predicated on the amendment to Section 768.28(9) effective July 1, 1980 which amendment limits

Griffin v. City of Quincy

410 So. 2d 170

District Court of Appeal of Florida | Filed: Jan 11, 1982 | Docket: 1518449

Cited 5 times | Published

pursuant to Chapter 73-313, Florida Statutes, Section 768.28. Pursuant to that statute as it read at the

West v. Wainwright

380 So. 2d 1338

District Court of Appeal of Florida | Filed: Mar 20, 1980 | Docket: 602565

Cited 5 times | Published

Department of Insurance and appropriate agency. Section 768.28(6), Florida Statutes (1979). Insofar as appellant's

Florida Fish & Wildlife Conservation Commission v. Jeffrey

178 So. 3d 460, 2015 WL 5996755

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991547

Cited 4 times | Published

virtue of the waiver of sovereign immunity in section 768.28, Florida Statutes, FWCC has only limited immunity

North Broward Hospital District v. Kalitan

174 So. 3d 403, 2015 Fla. App. LEXIS 9969, 2015 WL 3973075

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 60250423

Cited 4 times | Published

of the hospital’s status as a sovereign entity. § 768.28, Fla. Stat. (2007). The instant appeals followed

Crews v. Florida Public Employers Council 79

113 So. 3d 1063, 2013 WL 2421093, 2013 Fla. App. LEXIS 8929

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231407

Cited 4 times | Published

health-services contracts from competitive bidding); § 768.28(10)(a), Fla. Stat. (2012) (extending sovereign

Feliciano v. City of Miami Beach

844 F. Supp. 2d 1258, 87 Fed. R. Serv. 1014, 2012 WL 591304, 2012 U.S. Dist. LEXIS 21808

District Court, S.D. Florida | Filed: Feb 22, 2012 | Docket: 65979230

Cited 4 times | Published

§ 1983 and statutory immunity under Fla. Stat. § 768.28(9)(a) are central to an analysis of excessive

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200, 2011 U.S. Dist. LEXIS 116072, 2011 WL 4501111

District Court, M.D. Florida | Filed: May 18, 2011 | Docket: 65977907

Cited 4 times | Published

safety, or property (emphasis added). Fla. Stat. § 768.28(9)(a). In Willingham v. City of Orlando, 929 So

Wynn v. City of Lakeland

727 F. Supp. 2d 1309, 2010 U.S. Dist. LEXIS 73056, 2010 WL 2976905

District Court, M.D. Florida | Filed: Jul 20, 2010 | Docket: 2339866

Cited 4 times | Published

judgment on the § 1983 claim. Taylor points out that § 768.28(9)(a), Fla. Stat., makes suit against a state

University of Central Florida Board of Trustees v. Turkiewicz

21 So. 3d 141, 29 I.E.R. Cas. (BNA) 1839, 2009 Fla. App. LEXIS 16555, 2009 WL 3672073

District Court of Appeal of Florida | Filed: Nov 6, 2009 | Docket: 1230234

Cited 4 times | Published

whether the pre-suit notice requirements of section 768.28 are applicable to a cause of action brought

Zamora v. ATLANTIC UNIV. BD. OF TRUSTEES

969 So. 2d 1108, 2007 Fla. App. LEXIS 17767, 101 Fair Empl. Prac. Cas. (BNA) 1860, 2007 WL 3274376

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1725963

Cited 4 times | Published

of $100,000, provided to state agencies in section 768.28(5), applied to the total recovery, including

Franco v. Miami-Dade County

947 So. 2d 512, 2006 WL 3734277

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1375936

Cited 4 times | Published

issue of sovereign tort immunity. Pursuant to section 768.28, Florida Statutes, the State of Florida has

McCoy v. Pinellas County

920 So. 2d 1260, 2006 Fla. App. LEXIS 2734, 2006 WL 469907

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1441030

Cited 4 times | Published

that she abide by the notice provisions of section 768.28, Florida Statutes (2003). We reverse because

Horton v. Freeman

917 So. 2d 1064, 2006 WL 119562

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1509636

Cited 4 times | Published

of limitations for a wrongful death claim. See § 768.28, Fla. Stat. (2004).

City of Tampa v. McAfee

896 So. 2d 943, 2005 WL 544234

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1282974

Cited 4 times | Published

sovereign immunity and the requirements of section 768.28, Florida Statutes (2003). Mr. McAfee then filed

Wagatha v. City of Satellite Beach

865 So. 2d 620, 2004 Fla. App. LEXIS 460, 2004 WL 119356

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1231695

Cited 4 times | Published

failure to satisfy the notice requirements of section 768.28(6), Florida Statutes (2002), which provides:

Comer v. City of Palm Bay

147 F. Supp. 2d 1292, 2001 U.S. Dist. LEXIS 8694, 2001 WL 705612

District Court, M.D. Florida | Filed: Jun 21, 2001 | Docket: 2281323

Cited 4 times | Published

awarded exceeds the limits set forth in Fla. Stat. § 768.28(5). By order dated August 2, 2000, the Court denied

Hollingsworth v. Brown

788 So. 2d 1078, 2001 WL 603509

District Court of Appeal of Florida | Filed: Jun 5, 2001 | Docket: 1685206

Cited 4 times | Published

appeal that he brought this action pursuant to section 768.28(9)(a), Florida Statutes (1997), and nothing

Connor v. Halifax Hospital Medical Center

135 F. Supp. 2d 1198, 2001 U.S. Dist. LEXIS 2484

District Court, M.D. Florida | Filed: Mar 5, 2001 | Docket: 2370472

Cited 4 times | Published

punitive damages under Fla. Stat. § 768.28(5).[2] Citing Fla. Stat. § 768.28(9)(a), Dr. Nelson argues that

Pavolini v. Bird

769 So. 2d 410, 2000 WL 1228010

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1476617

Cited 4 times | Published

waiver of sovereign immunity provisions of section 768.28, Florida Statutes. In Piper, the court held

Robinson v. Linzer

758 So. 2d 1163, 2000 WL 485064

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1404292

Cited 4 times | Published

accordingly be immune from suit for tort claims under section 768.28, Florida Statutes (1991). The above contractual

BROWARD CTY. SCH. BD. v. Joseph

756 So. 2d 1077, 2000 WL 390397

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 471274

Cited 4 times | Published

compliance with the presuit notice requirements of section 768.28, Florida Statutes (1995). Joseph admitted that

Meyers v. City of Jacksonville

754 So. 2d 198, 2000 WL 380220

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 1523480

Cited 4 times | Published

allege compliance with the requirements of section 768.28, Florida Statutes (1997). See Commercial Carrier

School Bd. of Broward County v. Greene

739 So. 2d 668, 1999 Fla. App. LEXIS 11570, 1999 WL 641802

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1293991

Cited 4 times | Published

limit collectibility of the judgment under section 768.28, Florida Statutes (1997). We affirm the final

Irani v. City of Hallandale

756 So. 2d 110, 1999 Fla. App. LEXIS 10457, 1999 WL 565459

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 262735

Cited 4 times | Published

Irani's malicious prosecution count as barred by section 768.28(9), Florida Statutes (1997). See City of Coconut

Irani v. City of Hallandale

756 So. 2d 110, 1999 Fla. App. LEXIS 10457, 1999 WL 565459

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 262735

Cited 4 times | Published

Irani's malicious prosecution count as barred by section 768.28(9), Florida Statutes (1997). See City of Coconut

Wall v. Palm Beach County

743 So. 2d 44, 1999 WL 565791

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 2588886

Cited 4 times | Published

Department of Insurance ("Department") pursuant to section 768.28(6), Florida Statutes (1997). Appellants complain

Zeichner v. City of Lauderhill

732 So. 2d 1109, 1999 WL 71632

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1513345

Cited 4 times | Published

the City was self-insured pursuant to section § 768.28, Florida Statutes (1995), and referred to the

Castellano v. Raynor

725 So. 2d 1197, 1999 WL 2505

District Court of Appeal of Florida | Filed: Jan 6, 1999 | Docket: 1688881

Cited 4 times | Published

disregard of human rights, safety or property." § 768.28(9), Fla. Stat. (1995). Generally, the immunity

Kuper v. Perry

718 So. 2d 859, 1998 WL 542851

District Court of Appeal of Florida | Filed: Aug 28, 1998 | Docket: 278541

Cited 4 times | Published

the presuit notice requirements contained in section 768.28(6)(a). Kuper argues he satisfied the presuit

Brown v. State, Dept. of Corrections

701 So. 2d 1211, 1997 WL 732125

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 1736711

Cited 4 times | Published

failure to comply with the notice requirements of section 768.28(6)(a), Florida Statutes (1991). Because we

DADE CO. SCH. BD. v. Radio Station WQBA

699 So. 2d 701, 1997 WL 227463

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 1321169

Cited 4 times | Published

execution issue" in its final award. Pursuant to Section 768.28(5), Florida Statutes (1995): Neither the state

Collazos v. City of West Miami

683 So. 2d 1161, 1996 WL 724128

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 1515009

Cited 4 times | Published

of the statute waiving sovereign immunity, section 768.28, Florida Statutes,[3] was to waive that immunity

Battista v. Cannon

934 F. Supp. 400, 1996 U.S. Dist. LEXIS 10457, 1996 WL 419960

District Court, M.D. Florida | Filed: Jul 24, 1996 | Docket: 1780437

Cited 4 times | Published

act which an individual could be held liable. § 768.28, Fla.Stat. (Supp.1980). On the face of the statute

County of Brevard v. Miorelli Engineering, Inc.

677 So. 2d 32, 1996 Fla. App. LEXIS 6837, 1996 WL 354394

District Court of Appeal of Florida | Filed: Jun 28, 1996 | Docket: 64766223

Cited 4 times | Published

wrongful death, and injury or loss of property. See § 768.28, Fla. Stat. (1995). Fraud in the inducement causing

Searer v. Wells

837 F. Supp. 1198, 1993 U.S. Dist. LEXIS 17029, 1993 WL 498850

District Court, M.D. Florida | Filed: Nov 18, 1993 | Docket: 2221495

Cited 4 times | Published

jurisdiction, is based on state common law. Under § 768.28(9)(a), Florida Statutes, the exclusive remedy

Thomas v. FLA. GAME & WATER COM'N

627 So. 2d 541

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 1002054

Cited 4 times | Published

failure to comply with the notice requirement of section 768.28, Florida Statutes (1991). These issues remain

BROOKS BY AND THROUGH McCOOK v. Elliott

593 So. 2d 1209, 1992 WL 31324

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 1508953

Cited 4 times | Published

comply with the three year notice requirement of section 768.28, Florida Statutes (1989). We reverse. The complaint

Michigan Millers Mut. Ins. Co. v. Bourke

581 So. 2d 1365, 1991 WL 95637

District Court of Appeal of Florida | Filed: Jun 7, 1991 | Docket: 1683992

Cited 4 times | Published

collected from the school board tortfeasor. Section 768.28, Florida Statutes (1987), provides that the

Diversified Numismatics, Inc. v. City of Orlando, Fla.

783 F. Supp. 1337, 1990 U.S. Dist. LEXIS 19975, 1990 WL 324082

District Court, M.D. Florida | Filed: Sep 6, 1990 | Docket: 792694

Cited 4 times | Published

one of its agencies or subdivisions," Fla.Stat. § 768.28(6)(a) (1989), or against a municipal official

Magula v. Broward General Medical Center

742 F. Supp. 645, 1990 U.S. Dist. LEXIS 10848, 1990 WL 119793

District Court, S.D. Florida | Filed: Aug 15, 1990 | Docket: 1278090

Cited 4 times | Published

28(2) of the Florida Statutes. Id. at 912. Section 768.28 provides that "the state, for itself and for

Evanston Ins. Co. v. City of Homestead

563 So. 2d 755, 1990 WL 78556

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 1281528

Cited 4 times | Published

prohibited from making the demanded payment by Section 768.28, Florida Statutes (1985).[2] Evanston, however

Twigg v. Hospital Dist. of Hardee County, Fla.

731 F. Supp. 469, 1990 U.S. Dist. LEXIS 1770, 1990 WL 15628

District Court, M.D. Florida | Filed: Feb 21, 1990 | Docket: 1491203

Cited 4 times | Published

applicable statute of limitations, § 768.28(12), Florida Statutes. Section 768.28(11), provides: Every claim

Franklin v. Palm Beach County

534 So. 2d 828, 13 Fla. L. Weekly 2603, 1988 Fla. App. LEXIS 5219, 1988 WL 125641

District Court of Appeal of Florida | Filed: Nov 30, 1988 | Docket: 1295630

Cited 4 times | Published

failed to comply with the notice requirements of section 768.28(6)(a), Florida Statutes (1985), prior to initiating

Navarro v. Bouffard

522 So. 2d 515, 1988 WL 23402

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 1191279

Cited 4 times | Published

denies a motion to determine applicability of section 768.28(5), Florida Statutes, providing a statutory

Brown v. North Broward Hosp. Dist.

521 So. 2d 143, 1988 WL 2264

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 1347863

Cited 4 times | Published

statutory limits of liability as set forth in section 768.28, Florida Statutes (1979) and in reducing the

Huff v. Goldcoast Jet Ski Rentals, Inc.

515 So. 2d 1349, 1987 WL 1756

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1467327

Cited 4 times | Published

(Fla. 1985). Additionally, the creation of section 768.28, waiving sovereign immunity in certain circumstances

Gabriel v. Travelers Indem. Co.

515 So. 2d 1322, 1987 WL 1586

District Court of Appeal of Florida | Filed: Nov 17, 1987 | Docket: 1467900

Cited 4 times | Published

effectively overruled Johns when it amended section 768.28, Florida Statutes (1977), to permit municipalities

Kaisner v. Kolb

509 So. 2d 1213, 12 Fla. L. Weekly 1623

District Court of Appeal of Florida | Filed: Jul 1, 1987 | Docket: 1361897

Cited 4 times | Published

Among these principles is that the enactment of section 768.28, Florida Statutes (1975), created no new duty

Franklin v. Department of Health

493 So. 2d 17, 11 Fla. L. Weekly 1620

District Court of Appeal of Florida | Filed: Jul 24, 1986 | Docket: 1247507

Cited 4 times | Published

not sent to the appropriate agency and that section 768.28(6)(a) must be strictly construed. The Florida

Spooner v. DEPT. OF CORRECTIONS

488 So. 2d 897

District Court of Appeal of Florida | Filed: May 19, 1986 | Docket: 1316675

Cited 4 times | Published

issue raised below and on appeal is whether Section 768.28, Florida Statutes (1983), Florida's waiver

Halpin v. Short

490 So. 2d 1271, 11 Fla. L. Weekly 1162

District Court of Appeal of Florida | Filed: May 16, 1986 | Docket: 180176

Cited 4 times | Published

allege compliance with the notice provisions of section 768.28(6), Florida Statutes (1983). By the time the

Eder v. DEPT. OF HIGHWAY SAFETY & MOTOR VEH.

463 So. 2d 443, 10 Fla. L. Weekly 330, 1985 Fla. App. LEXIS 12296

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 1509700

Cited 4 times | Published

signal. I specifically find that pursuant to Florida Statute 768.28 and the recent Supreme Court and District

Thigpin v. Sun Bank of Ocala

458 So. 2d 315

District Court of Appeal of Florida | Filed: Sep 20, 1984 | Docket: 1733299

Cited 4 times | Published

limitations for filing claims against the state under section 768.28(6)(a), Florida Statutes (1983); (2) that the

Manors of Inverrary XII Condo. Ass'n v. Atreco-Fla., Inc.

438 So. 2d 490

District Court of Appeal of Florida | Filed: Sep 28, 1983 | Docket: 1731720

Cited 4 times | Published

are not pursuant to the waiver provisions of Section 768.28, Florida Statutes (1981). We agree with appellant

Keith v. Dykes

430 So. 2d 502

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 445986

Cited 4 times | Published

September 2, 1981, prior to the effective date of Section 768.28(1), Florida Statutes (1981), and therefore

Stillwell v. Thigpen

426 So. 2d 1267

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 1283228

Cited 4 times | Published

entering this order the trial court ruled that § 768.28(9)(a), Florida Statutes (1980), precludes appellant's

Dade County School Bd. v. Ingraham

428 So. 2d 283

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1720211

Cited 4 times | Published

statutory limitation on attorney's fees provided in Section 768.28(8), Florida Statutes (1977) is applicable only

Miller v. Carson

524 F. Supp. 1174

District Court, M.D. Florida | Filed: Oct 28, 1981 | Docket: 901897

Cited 4 times | Published

accepted this invitation by enacting Florida Statutes § 768.28 (1979), which permits persons to sue the state

Talmadge v. District School Bd.

355 So. 2d 502

District Court of Appeal of Florida | Filed: Mar 1, 1978 | Docket: 1360669

Cited 4 times | Published

defendant in the lawsuit on the ground that, under Section 768.28(9), Florida Statutes (1975), no cause of action

Gregory v. Miami-Dade County

86 F. Supp. 3d 1340, 2015 U.S. Dist. LEXIS 19347, 2015 WL 628467

District Court, S.D. Florida | Filed: Feb 13, 2015 | Docket: 64300492

Cited 3 times | Published

County’s sovereign immunity codified in Fla. Stat. § 768.28(9)(a). [D.E. 63 at 3-6]. In response, Plaintiffs

Gomez v. Lozano

839 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 51639, 2012 WL 899694

District Court, S.D. Florida | Filed: Mar 13, 2012 | Docket: 65978498

Cited 3 times | Published

Blanco and Lozano argue that, under Fla. Stat. § 768.28, they are immune from liability.9 That statute

Gelbard v. City of Miami

845 F. Supp. 2d 1338, 2012 WL 653833, 2012 U.S. Dist. LEXIS 37120

District Court, S.D. Florida | Filed: Feb 28, 2012 | Docket: 65979358

Cited 3 times | Published

liability on the claim. Id.; see also Fla. Stat. § 768.28(1). This Court finds that Plaintiffs claim fails

Woodburn v. Florida Department of Children & Family Services

854 F. Supp. 2d 1184, 2011 WL 7661425, 2011 U.S. Dist. LEXIS 154858

District Court, S.D. Florida | Filed: Dec 1, 2011 | Docket: 65980458

Cited 3 times | Published

this claim through the Complaint “pursuant to § 768.28.” 2d Am. Compl. ¶ 142. In alleging notice, Lanaza

Peak v. Outward Bound, Inc.

57 So. 3d 997, 2011 Fla. App. LEXIS 5182, 2011 WL 1376919

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299240

Cited 3 times | Published

based upon the sovereign immunity provision of section 768.28, Florida Statutes (2005). However, the complaint

Marion v. City of Boca Raton

47 So. 3d 334, 2010 Fla. App. LEXIS 15811, 2010 WL 4103177

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2398679

Cited 3 times | Published

the waiver of sovereign immunity contained in section 768.28, Florida Statutes, in Commercial Carrier Corp

Citizens Property Insurance Corp. v. San Perdido Ass'n

46 So. 3d 1051, 2010 Fla. App. LEXIS 15053, 2010 WL 3894497

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 2399671

Cited 3 times | Published

involved the waiver of sovereign immunity in section 768.28, Florida Statutes, and San Perdido’s lawsuit

Burks v. Beary

713 F. Supp. 2d 1350, 2010 U.S. Dist. LEXIS 42267, 2010 WL 1742086

District Court, M.D. Florida | Filed: Apr 29, 2010 | Docket: 2403356

Cited 3 times | Published

wrongful death claims against them because of section 768.28(9)(a), Florida Statutes, which provides in

City of Orlando v. West Orange Country Club, Inc.

9 So. 3d 1268, 2009 Fla. App. LEXIS 3458, 2009 WL 1097260

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 2198897

Cited 3 times | Published

Fla. 258, 15 So. 756, 759 (1894)). [3] See section 768.28, Fla. Stat. (2007).

Villa Maria Nursing & Rehabilitation Center, Inc. v. South Broward Hospital District

8 So. 3d 1167, 2009 Fla. App. LEXIS 2893, 2009 WL 928461

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1156921

Cited 3 times | Published

that the nursing home failed to comply with section 768.28(6)(a), Florida Statutes (2007),[2] by failing

Healthcare Staffing Solutions, Inc. v. Wilkinson Ex Rel. Wilkinson

5 So. 3d 726, 2009 Fla. App. LEXIS 1296, 2009 WL 400369

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 1663371

Cited 3 times | Published

Legislature has waived sovereign immunity. See § 768.28(5), Fla. Stat. (1997). UMC paid $5,950,000 and

Keating v. City of Miami

598 F. Supp. 2d 1315, 2009 U.S. Dist. LEXIS 3439, 2009 WL 129269

District Court, S.D. Florida | Filed: Jan 20, 2009 | Docket: 2338560

Cited 3 times | Published

be found liable for tortious conduct under section 768.28 of the Florida statutes but not both. The City

Lederer v. ORLANDO UTILITIES COM'N

981 So. 2d 521, 2008 Fla. App. LEXIS 5674, 2008 WL 1752222

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1515542

Cited 3 times | Published

provide the requisite presuit notice under section 768.28(6), Florida Statutes (2001), to the Department

Owaki v. City of Miami

491 F. Supp. 2d 1140, 2007 U.S. Dist. LEXIS 44921, 2007 WL 1775676

District Court, S.D. Florida | Filed: Jun 21, 2007 | Docket: 2390409

Cited 3 times | Published

state tort of false arrest pursuant to Fla. Stat. § 768.28 because the City was responsible for the actions

Garcia v. City of Hollywood

966 So. 2d 5, 2007 WL 1610156

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1679140

Cited 3 times | Published

that our waiver of sovereign immunity statute, section 768.28(1), Florida Statutes (2004), does not waive

Leola Bradshaw v. School Board of Broward Co.

486 F.3d 1205, 2007 U.S. App. LEXIS 11354, 89 Empl. Prac. Dec. (CCH) 42,839, 100 Fair Empl. Prac. Cas. (BNA) 1083, 2007 WL 1412570

Court of Appeals for the Eleventh Circuit | Filed: May 15, 2007 | Docket: 398908

Cited 3 times | Published

intent to limit awards under other statutes. Section 768.28(5), by contrast, limits the size of “a claim

Florida Dept. of Education v. Garrison

954 So. 2d 84, 26 I.E.R. Cas. (BNA) 166, 2007 Fla. App. LEXIS 5774, 2007 WL 1146455

District Court of Appeal of Florida | Filed: Apr 19, 2007 | Docket: 1166847

Cited 3 times | Published

judgment and write briefly only to explain that section 768.28, Florida Statutes, has no application in connection

Florida Dept. of Education v. Garrison

954 So. 2d 84, 26 I.E.R. Cas. (BNA) 166, 2007 Fla. App. LEXIS 5774, 2007 WL 1146455

District Court of Appeal of Florida | Filed: Apr 19, 2007 | Docket: 1166847

Cited 3 times | Published

judgment and write briefly only to explain that section 768.28, Florida Statutes, has no application in connection

DEPT. OF ENVIRONMENTAL PROTECTION v. Green

951 So. 2d 918, 2007 Fla. App. LEXIS 2395, 2007 WL 517762

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1280794

Cited 3 times | Published

entitled to summary judgment in its favor because section 768.28(9), Florida Statutes (2003), provides that

Medberry v. McCallister

937 So. 2d 808, 2006 WL 2658513

District Court of Appeal of Florida | Filed: Sep 18, 2006 | Docket: 2551242

Cited 3 times | Published

cause of action against Appellees pursuant to section 768.28, Florida Statutes (2003); and abused its discretion

Orlando v. Broward County

920 So. 2d 54, 2005 WL 3478364

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1730616

Cited 3 times | Published

Resources, 339 So.2d 1113, 1114 (Fla.1976). Section 768.28, Florida Statutes (1999), "constitutes a limited

Maggio v. Department of Labor and Employment Security

910 So. 2d 876, 2005 WL 1875486

District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 1494970

Cited 3 times | Published

by her failure to give presuit notice under section 768.28(6), Florida Statutes (2002). See Maggio v.

LaRiviere v. South Broward Hosp. Dist.

889 So. 2d 972, 2004 WL 2952738

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1742749

Cited 3 times | Published

the district's legal department. Pursuant to section 768.28(6), Florida Statutes, claimants must present

Abril v. Department of Corrections

884 So. 2d 206, 21 I.E.R. Cas. (BNA) 1416, 2004 Fla. App. LEXIS 11341, 2004 WL 1698066

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 1683054

Cited 3 times | Published

Continental Laboratory's negligence pursuant to section 768.28(10)(a), Florida Statutes (Supp.1996), which

Clemons v. STATE RISK MANAGEMENT TRUST FUND

870 So. 2d 881, 2004 WL 502605

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 1330945

Cited 3 times | Published

provided pursuant to Chapter 284, Part II, Section 768.28, Florida Statutes, and any rules promulgated

Johnson v. Gibson

837 So. 2d 481, 2002 WL 31875014

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1527503

Cited 3 times | Published

failed to comply with the notice requirements of section 768.28, and failed to make sufficient substantive

Patel v. School Bd. of Volusia County

813 So. 2d 135, 2002 Fla. App. LEXIS 2878, 2002 WL 360016

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 1403558

Cited 3 times | Published

presented within three years after the claim arises. § 768.28(6). In this case, the notice was not presented

City of Miami v. De La Cruz

784 So. 2d 475, 2001 WL 245760

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1492456

Cited 3 times | Published

issue of liability, claiming that pursuant to section 768.28, Florida Statutes (1997), it was entitled to

Jones v. Brummer

766 So. 2d 1107, 2000 WL 1153990

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1329624

Cited 3 times | Published

Civil Rights Act as a whole, together with section 768.28, Florida Statutes, which is cross-referenced

Lewis v. City of St. Petersburg

98 F. Supp. 2d 1344, 2000 U.S. Dist. LEXIS 8485, 2000 WL 781042

District Court, M.D. Florida | Filed: May 3, 2000 | Docket: 2444106

Cited 3 times | Published

Const., Art. X, § 13. However, Florida Statute § 768.28, expressly waives sovereign immunity in specific

W&J CONST. v. Fanning/Howey Associates

741 So. 2d 582, 1999 Fla. App. LEXIS 11635, 1999 WL 651560

District Court of Appeal of Florida | Filed: Aug 27, 1999 | Docket: 1511083

Cited 3 times | Published

sovereign immunity. The court ruled that under section 768.28, the legislature authorized state entities

City of Treasure Island v. PROVIDENT MGMT.

738 So. 2d 357

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 1502513

Cited 3 times | Published

liability, however, is subject to the conditions of section 768.28(5), Florida Statutes (1989). On remand, the

Geidel v. City of Bradenton Beach

56 F. Supp. 2d 1359, 1999 U.S. Dist. LEXIS 9890, 1999 WL 455333

District Court, M.D. Florida | Filed: Jun 9, 1999 | Docket: 2321349

Cited 3 times | Published

Defendant, City of Bradenton Beach. Florida Statute § 768.28 sets forth the limited occasions when the state's

Widmer v. Caldwell

714 So. 2d 1128, 1998 WL 390802

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1513785

Cited 3 times | Published

required statutory presuit notice pursuant to section 768.28(6)(a), Florida Statutes (1995). The order granting

Widmer v. Caldwell

714 So. 2d 1128, 1998 WL 390802

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1513785

Cited 3 times | Published

required statutory presuit notice pursuant to section 768.28(6)(a), Florida Statutes (1995). The order granting

Farabee v. Rider

995 F. Supp. 1398, 1998 U.S. Dist. LEXIS 2106, 1998 WL 88428

District Court, M.D. Florida | Filed: Feb 13, 1998 | Docket: 1170892

Cited 3 times | Published

the conditions precedent set forth in Fla.Stat. § 768.28(6). Plaintiff filed a response to Defendants'

Comesanas v. Auto-Owners Ins. Co.

700 So. 2d 118, 1997 WL 614924

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 165261

Cited 3 times | Published

a subdivision of a municipality pursuant to section 768.28(15)(a), Florida Statutes (1993). The Comesanas

Simpson v. City of Miami

700 So. 2d 87, 1997 WL 600712

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1373638

Cited 3 times | Published

complaint on the basis of sovereign immunity under section 768.28, Florida Statutes, asserting that Officer Fuentes

Harris v. Monds

696 So. 2d 446, 1997 WL 361526

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696007

Cited 3 times | Published

protective cloak of sovereign immunity.[1]See § 768.28(9)(a), Fla. Stat. (1995). If appellant is unable

Harris v. Monds

696 So. 2d 446, 1997 WL 361526

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696007

Cited 3 times | Published

protective cloak of sovereign immunity.[1]See § 768.28(9)(a), Fla. Stat. (1995). If appellant is unable

Jones v. Kirkland

696 So. 2d 1249, 1997 WL 345705

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1696008

Cited 3 times | Published

had failed to comply with the requirements of section 768.28, Florida Statutes, and 5) that respondeat superior

Pierre v. Schlemmer

932 F. Supp. 278, 1996 U.S. Dist. LEXIS 10781, 1996 WL 419849

District Court, M.D. Florida | Filed: Jul 1, 1996 | Docket: 944147

Cited 3 times | Published

Florida within the meaning of Florida Statute § 768.28(2). Plaintiff considers the Bradenton Police Department

Pierre v. Schlemmer

932 F. Supp. 278, 1996 U.S. Dist. LEXIS 10781, 1996 WL 419849

District Court, M.D. Florida | Filed: Jul 1, 1996 | Docket: 944147

Cited 3 times | Published

Florida within the meaning of Florida Statute § 768.28(2). Plaintiff considers the Bradenton Police Department

Gardner v. Holifield

639 So. 2d 652, 1994 WL 313696

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 587460

Cited 3 times | Published

the scope and course of their state employment. § 768.28(9)(a), Fla. Stat.[3] Sovereign immunity does not

Gardner v. Holifield

639 So. 2d 652, 1994 WL 313696

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 587460

Cited 3 times | Published

the scope and course of their state employment. § 768.28(9)(a), Fla. Stat.[3] Sovereign immunity does not

Borges v. City of West Palm Beach

858 F. Supp. 174, 1993 U.S. Dist. LEXIS 20146, 1993 WL 723406

District Court, S.D. Florida | Filed: Nov 19, 1993 | Docket: 2106064

Cited 3 times | Published

Defendants in their official capacities. Fla.Stat. § 768.28(6)(a) provides that an action may not be instituted

Corporation of the President of the Church of Jesus Christ of Latter Day Saints v. Environmental Protection Commission

837 F. Supp. 413, 1993 U.S. Dist. LEXIS 16594, 1993 WL 479763

District Court, M.D. Florida | Filed: Nov 15, 1993 | Docket: 2221319

Cited 3 times | Published

to Suit in Federal Court?" The court analyzed § 768.28, Florida Statutes Annotated (West Supp. 1985)

Parrotino v. City of Jacksonville

612 So. 2d 586, 1992 WL 365777

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1676832

Cited 3 times | Published

defendant's status as a governmental entity, because section 768.28(5), Florida Statutes, expressly provides that

Witmer v. University of Florida Police Dept.

610 So. 2d 87, 1992 WL 366054

District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 1734846

Cited 3 times | Published

failed to comply with the notice requirements in section 768.28, Florida Statutes (1989); (2) state courts

Witmer v. University of Florida Police Dept.

610 So. 2d 87, 1992 WL 366054

District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 1734846

Cited 3 times | Published

failed to comply with the notice requirements in section 768.28, Florida Statutes (1989); (2) state courts

Metropolitan Dade County v. Braude

593 So. 2d 563, 1992 Fla. App. LEXIS 590, 1992 WL 12796

District Court of Appeal of Florida | Filed: Jan 28, 1992 | Docket: 446365

Cited 3 times | Published

thus failed to comply with the requirements of section 768.28(7), Florida Statutes (1989). At the close of

Vargas v. Glades General Hosp.

566 So. 2d 282

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 1529190

Cited 3 times | Published

running of the statute of limitations found in section 768.28(11), Florida Statutes (1979). The appellants

Martin v. Drylie

560 So. 2d 1285, 1990 WL 52790

District Court of Appeal of Florida | Filed: Apr 25, 1990 | Docket: 1739642

Cited 3 times | Published

immune from personal liability pursuant to section 768.28(9)(a), Florida Statutes. He also maintained

Hillsborough County Hosp. and Welfare Bd. v. Taylor

546 So. 2d 1055, 14 Fla. L. Weekly 364, 1989 Fla. LEXIS 717, 1989 WL 83144

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1442698

Cited 3 times | Published

its legal liability was limited to $50,000 by section 768.28(5), Florida Statutes (Supp. 1980).[3] Respondent

Pensacola Jr. College v. Montgomery

539 So. 2d 1153, 1989 WL 15906

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 93849

Cited 3 times | Published

limited waiver of sovereign immunity provided in section 768.28, Florida Statutes. In 1979, an organization

Martin v. Monroe County

518 So. 2d 934, 1987 WL 3019

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 2573041

Cited 3 times | Published

accident report of a claim was filed pursuant to Section 768.28(6), Florida Statutes (1979), it is thereafter

Menendez v. N. Broward Hosp. Dist.

515 So. 2d 1377, 1987 WL 2263

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 1749294

Cited 3 times | Published

an agency of the state within the meaning of section 768.28, Florida Statutes (1977), and the plaintiff

McFadden v. County of Orange

499 So. 2d 920, 12 Fla. L. Weekly 61

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1731236

Cited 3 times | Published

(1972). The waiver of sovereign immunity by section 768.28 should not affect that duty.[8] That statute

McFadden v. County of Orange

499 So. 2d 920, 12 Fla. L. Weekly 61

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1731236

Cited 3 times | Published

(1972). The waiver of sovereign immunity by section 768.28 should not affect that duty.[8] That statute

DEPT. OF HEALTH & REHAB. SERV. v. Shatto

487 So. 2d 1152, 11 Fla. L. Weekly 958

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 1796619

Cited 3 times | Published

in this appeal is the proper construction of section 768.28, Florida Statutes (1981). The appellant has

North Broward Hosp. Dist. v. Eldred

466 So. 2d 1210, 10 Fla. L. Weekly 909

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 438754

Cited 3 times | Published

provided at the time of the 1977 incident by section 768.28(5), Florida Statutes (1975), said parents and

Hess by & Through Hess v. Metro. Dade County

467 So. 2d 297

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1275543

Cited 3 times | Published

against Metropolitan Dade County. As provided by section 768.28(5), Florida Statutes (1981), Dade County paid

Bryan v. State, Dept. of Business Regulation

438 So. 2d 415, 14 Educ. L. Rep. 227, 1983 Fla. App. LEXIS 21627

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1445828

Cited 3 times | Published

1210 (Fla. 2nd DCA 1983). In carving out of Section 768.28, Florida Statutes, an exception for the statutory

Lynch v. City of Deerfield Beach

369 So. 2d 1042

District Court of Appeal of Florida | Filed: Apr 25, 1979 | Docket: 2565075

Cited 3 times | Published

if any, was limited to $50,000 pursuant to Section 768.28, Florida Statutes (1978), while the other defense

Jackson v. Palm Beach County

360 So. 2d 1

District Court of Appeal of Florida | Filed: Apr 10, 1978 | Docket: 1738532

Cited 3 times | Published

limited waiver of sovereign immunity allowed by Section 768.28, Florida Statutes, is not applicable in this

CITY OF PEMBROKE PINES v. CORRECTIONS CORPORATION OF AMERICA, INC.

274 So. 3d 1105

District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688839

Cited 2 times | Published

that the sovereign immunity waiver codified in section 768.28, Florida Statutes (2012), does not apply to

Thornton v. Chronister

309 F. Supp. 3d 1196

District Court, M.D. Florida | Filed: Apr 10, 2018 | Docket: 64318598

Cited 2 times | Published

intent to sue. (Doc. # 13). "Pursuant to Fla. Stat. § 768.28, to benefit from [Florida's waiver of sovereign

Methelus v. School Board of Collier County

243 F. Supp. 3d 1266, 2017 WL 1037867, 2017 U.S. Dist. LEXIS 38629

District Court, M.D. Florida | Filed: Mar 17, 2017 | Docket: 64313396

Cited 2 times | Published

pre-suit notice requirements of Florida Statute § 768.28(6)(a), which sets forth the state’s waiver of

City of Delray Beach v. DeSisto

197 So. 3d 1206, 2016 Fla. App. LEXIS 11109, 2016 WL 3911373

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256175

Cited 2 times | Published

waiver of sovereign immunity cap set forth in section 768.28(5) of the Florida Statutes. This appeal follows

Debose v. University of South Florida

178 F. Supp. 3d 1258, 2016 U.S. Dist. LEXIS 46020, 2016 WL 1367173

District Court, M.D. Florida | Filed: Apr 5, 2016 | Docket: 64308243

Cited 2 times | Published

Florida’s waiver of sovereign immunity found in Section 768.28 of the Florida Statutes is “limited to traditional

Florida Carry, Inc. v. University of Florida

180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

arguing that he was immune from suit pursuant to section 768.28, Florida Statutes. During the hearing on the

Cordoves v. Miami-Dade County

92 F. Supp. 3d 1221, 2015 U.S. Dist. LEXIS 30574, 2015 WL 1131684

District Court, S.D. Florida | Filed: Mar 12, 2015 | Docket: 64301008

Cited 2 times | Published

for Pompee’s acts pursuant to Florida Statute section 768.28. (See id. ¶¶ 45-50). Count VII is a derivative

Allen v. Frazier

132 So. 3d 361, 2014 WL 472701, 2014 Fla. App. LEXIS 1619

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238438

Cited 2 times | Published

Appellees also claimed immunity from suit under section 768.28(9)(a), Florida Statutes; argued appellant failed

UCF Athletics Ass'n v. Plancher

121 So. 3d 616, 2013 Fla. App. LEXIS 12797, 2013 WL 4226848

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60234463

Cited 2 times | Published

judgment reduced to $200,000 in accordance with section 768.28(5), Florida Statutes.2 Accordingly, we now

Aitcheson v. Florida Department of Highway Safety & Motor Vehicles

117 So. 3d 854, 2013 WL 3448703, 2013 Fla. App. LEXIS 10951

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232821

Cited 2 times | Published

waiver of sovereign immunity as set forth in section 768.28, Florida Statutes (2007). The issue on appeal

Kist v. Hubbard

93 So. 3d 1100, 2012 WL 2864379, 2012 Fla. App. LEXIS 11389

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310435

Cited 2 times | Published

by virtue of the employee immunity statute, section 768.28(9)(a), Florida Statutes (2007). See Carlile

Doe ex rel. Doe's Mother v. Sinrod

90 So. 3d 852, 2012 WL 1934498, 2012 Fla. App. LEXIS 8744

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60309662

Cited 2 times | Published

she complied with the notice requirements of section 768.28, Florida Statutes, by noticing the School Board

State National Insurance Co. v. Robert

71 So. 3d 238, 2011 Fla. App. LEXIS 16147, 2011 WL 4809139

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2355122

Cited 2 times | Published

$400,000 self-insured retention. Pursuant to section 768.28(5), Florida Statutes (2006)[2], the *240 City's

Blackshear v. City of Miami Beach

799 F. Supp. 2d 1338, 2011 U.S. Dist. LEXIS 85045, 2011 WL 3211514

District Court, S.D. Florida | Filed: Jul 26, 2011 | Docket: 129129

Cited 2 times | Published

sovereign immunity provided to Wyatt under Fla. Stat. § 768.28(9)(a). Specifically, Defendant alleges that he

James v. Goryl

62 So. 3d 1225, 2011 Fla. App. LEXIS 8453, 2011 WL 2268954

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 340407

Cited 2 times | Published

individual employees of the Lake County jail. See § 768.28, Fla. Stat. (2009). Regarding his medical malpractice

Washington v. School Board of Hillsborough County

731 F. Supp. 2d 1309, 2010 U.S. Dist. LEXIS 80192, 2010 WL 3069508

District Court, M.D. Florida | Filed: Aug 3, 2010 | Docket: 305051

Cited 2 times | Published

that Plaintiff failed to give Florida Statute Section 768.28(6) written pre-suit notification prior to filing

Washington v. School Board of Hillsborough County

731 F. Supp. 2d 1309, 2010 U.S. Dist. LEXIS 80192, 2010 WL 3069508

District Court, M.D. Florida | Filed: Aug 3, 2010 | Docket: 305051

Cited 2 times | Published

that Plaintiff failed to give Florida Statute Section 768.28(6) written pre-suit notification prior to filing

MS Ex Rel. Soltys v. SEMINOLE COUNTY SCHOOL BD.

636 F. Supp. 2d 1317, 2009 WL 2031722

District Court, M.D. Florida | Filed: Jul 10, 2009 | Docket: 2386924

Cited 2 times | Published

that she has immunity from suit pursuant to section 768.28(9), Florida Statutes, stating that Plaintiff

Drudge v. City of Kissimmee

581 F. Supp. 2d 1176, 2008 U.S. Dist. LEXIS 73391, 2008 WL 4405145

District Court, M.D. Florida | Filed: Sep 25, 2008 | Docket: 1167771

Cited 2 times | Published

Ms. Drudge's state law claims. He relies on section 768.28(9)(a), Florida Statutes, which provides: No

Grubbs Construction Co. v. Florida Department of Revenue (In Re Grubbs Construction Co.)

321 B.R. 346

United States Bankruptcy Court, M.D. Florida | Filed: Jan 3, 2008 | Docket: 13890

Cited 2 times | Published

as it did affirmatively in Florida Statute Section 768.28: "In accordance with s. 13, Art. X of the State

Sharp v. City of Palatka

529 F. Supp. 2d 1342, 2007 U.S. Dist. LEXIS 93624, 2007 WL 4557225

District Court, M.D. Florida | Filed: Dec 20, 2007 | Docket: 2244643

Cited 2 times | Published

immunity under both common law and Fla. Stat. § 768.28(9)(a) (2006). As Defendants correctly note, Florida

Palazzo v. City of Fort Lauderdale

966 So. 2d 497, 2007 WL 3007986

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1679367

Cited 2 times | Published

the level of bad faith necessary to avoid section 768.28(9)'s sovereign immunity. In the order, the

In Re Amendments to Rules of Civ. Procedure

966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1679427

Cited 2 times | Published

answer. (2) (A) Except when sued pursuant to section 768.28, Florida Statutes, the state of Florida, an

In Re Amendments to Rules of Civ. Procedure

966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1679427

Cited 2 times | Published

answer. (2) (A) Except when sued pursuant to section 768.28, Florida Statutes, the state of Florida, an

Brown v. McKinnon

964 So. 2d 173, 2007 WL 2188192

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 1689820

Cited 2 times | Published

disregard of human rights, safety, or property. § 768.28(9)(a), Fla. Stat. (2005). A perusal of the statute

Pace v. City of Palmetto

489 F. Supp. 2d 1325, 2007 U.S. Dist. LEXIS 42407, 2007 WL 1705654

District Court, M.D. Florida | Filed: Jun 12, 2007 | Docket: 2287692

Cited 2 times | Published

battery claim pursuant to § 768.28(9)(a), Florida Statutes. In relevant part, § 768.28(9)(a) provides: [n]o

Bailey v. Florida Dept. of Corrections

958 So. 2d 986, 2007 WL 1486065

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1734963

Cited 2 times | Published

compliance with the pre-suit notice requirements of section 768.28(6)(a), Florida Statutes (2006), and exhaustion

Williams v. Miami-Dade County

957 So. 2d 52, 2007 Fla. App. LEXIS 6636, 2007 WL 1261127

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 314060

Cited 2 times | Published

order granting a directed verdict pursuant to section 768.28, Florida Statutes (2003), in favor of Miami-Dade

Barthlow v. Jett

930 So. 2d 739, 2006 WL 1168803

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 1749664

Cited 2 times | Published

motion to dismiss for failure to comply with section 768.28(6)(a), Florida Statutes, which provides that

Metropolitan Dade County v. Lopez

889 So. 2d 146, 2004 WL 2823045

District Court of Appeal of Florida | Filed: Dec 8, 2004 | Docket: 1488534

Cited 2 times | Published

seven: Plaintiff has failed to comply with Florida Statute 768.28(7). Additionally, as the trial court found

Maggio v. DEPARTMENT OF LABOR AND EMP. SEC.

869 So. 2d 690, 2004 WL 690697

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1175603

Cited 2 times | Published

complied with the presuit notice requirements of section 768.28(6)(a), Florida Statutes (2001). The trial court

Florida Department of Health & Rehabilitative Services v. S.A.P.

835 So. 2d 1091, 27 Fla. L. Weekly Supp. 980, 2002 Fla. LEXIS 2458

Supreme Court of Florida | Filed: Nov 27, 2002 | Docket: 64820153

Cited 2 times | Published

application of the statute of limitations, section 768.28(12), Florida Statutes (1993). This section

Kite v. Escambia County

830 So. 2d 961, 2002 WL 31641509

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1516841

Cited 2 times | Published

Stat. (1995). This provision is not limited by section 768.28, Florida Statutes (1995), when applied to public

STATE DHRS v. TR Ex Rel. Shapiro

847 So. 2d 981

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 1686746

Cited 2 times | Published

as well as an apparent misinterpretation of section 768.28(5), Florida Statutes (2000), mandate reversal

Agner v. APAC-Florida, Inc.

821 So. 2d 336, 2002 WL 1285492

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 1236132

Cited 2 times | Published

scope of her or his employment or function...." § 768.28(9)(a), Fla. Stat. (1999). This immunity extends

Roberts v. Children's Medical Services

751 So. 2d 672, 2000 Fla. App. LEXIS 163, 2000 WL 201743

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 64795191

Cited 2 times | Published

from the civil lawsuit under the provisions of section 768.28, Florida Statutes (Supp.1996), because they

Miami-Dade County v. Meyers

734 So. 2d 507, 1999 WL 312299

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 2575325

Cited 2 times | Published

enter final judgment in favor of the County. Section 768.28(7) of the Florida Statutes provides that "[I]n

Sanchez v. Degoria

733 So. 2d 1103, 1999 WL 314133

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1188885

Cited 2 times | Published

1st DCA 1992) (state notice-of-claim statute, § 768.28(6), Florida Statutes, that effectively shortened

Nana's Petroleum, Inc. v. Clark (In Re Nana's Petroleum, Inc.)

234 B.R. 838, 12 Fla. L. Weekly Fed. B 216, 42 Collier Bankr. Cas. 2d 233, 1999 Bankr. LEXIS 632, 34 Bankr. Ct. Dec. (CRR) 492

United States Bankruptcy Court, S.D. Florida. | Filed: May 3, 1999 | Docket: 1677877

Cited 2 times | Published

Dismiss, Plaintiff argues that after considering § 768.28(17), Florida Statutes, and Article X, Section

Labrada v. Metropolitan Dade County

715 So. 2d 1126, 1998 WL 484622

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 1366215

Cited 2 times | Published

prior to initiating their action as required by section 768.28(6), Florida Statutes (Supp.1994). Although

Smith v. City of Plantation

19 F. Supp. 2d 1323, 1998 WL 643504

District Court, S.D. Florida | Filed: Aug 11, 1998 | Docket: 2394428

Cited 2 times | Published

protects Officer Alu from suit, pursuant to Fla.Stat. § 768.28(9); and (c) Sovereign Immunity protects both Defendants

Smith v. City of Plantation

19 F. Supp. 2d 1323, 1998 WL 643504

District Court, S.D. Florida | Filed: Aug 11, 1998 | Docket: 2394428

Cited 2 times | Published

protects Officer Alu from suit, pursuant to Fla.Stat. § 768.28(9); and (c) Sovereign Immunity protects both Defendants

Rowe v. City of Fort Lauderdale

8 F. Supp. 2d 1369, 1998 WL 244592

District Court, S.D. Florida | Filed: May 6, 1998 | Docket: 2472891

Cited 2 times | Published

waiver of sovereign immunity embodied in Fla.Stat. § 768.28. Specifically, that section requires that plaintiffs

Brower v. State Dept. of Natural Res.

698 So. 2d 568, 1997 WL 400094

District Court of Appeal of Florida | Filed: Jul 18, 1997 | Docket: 1524288

Cited 2 times | Published

complied with the presuit notice requirements of section 768.28, Florida Statutes (1989).[1] It then filed

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401, 1995 WL 757878

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790

Cited 2 times | Published

County School Bd., 442 So.2d 210 (Fla. 1983) (§ 768.28(6) plaintiff must give notice of a claim against

PINELLAS BD. OF COM'RS v. Bettis

659 So. 2d 1365

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 1462765

Cited 2 times | Published

judgment or settlement limitation contained in section 768.28(8), Florida Statutes (1989). Accord Hellmann

Cannon v. Yager

658 So. 2d 591, 20 Fla. L. Weekly Fed. D 1584

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 439402

Cited 2 times | Published

the Department of Insurance as required by section 768.28(7), Florida Statutes (1991). The parties agreed

Florida Med. Malpractice v. Indem. Ins.

652 So. 2d 1148, 1995 WL 15513

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 476112

Cited 2 times | Published

and that in failing to allege compliance with section 768.28 plaintiff's complaint did not vest the court

Turner v. Gallagher

640 So. 2d 120, 1994 WL 390779

District Court of Appeal of Florida | Filed: Jul 22, 1994 | Docket: 1718830

Cited 2 times | Published

the Department of Insurance, as required by section 768.28(6)(a), Florida Statutes (1991), the Turners

Hattaway v. McMillian

859 F. Supp. 560, 1994 U.S. Dist. LEXIS 11083, 1994 WL 407193

District Court, N.D. Florida | Filed: Jun 17, 1994 | Docket: 942052

Cited 2 times | Published

Florida's waiver of sovereign immunity statute [§ 768.28, Fla.Stat.] seemed to dictate that the Sheriff

L.S.T. Inc. v. Crow

834 F. Supp. 1355, 1993 U.S. Dist. LEXIS 14481, 1993 WL 413038

District Court, M.D. Florida | Filed: Oct 5, 1993 | Docket: 1220743

Cited 2 times | Published

the notice requirements of Florida Statutes, section 768.28(6)(a) (Docket No. 87-1); 7. Motion by the Defendants

Scarlett v. Public Health Trust

584 So. 2d 75, 1991 WL 134043

District Court of Appeal of Florida | Filed: Jul 23, 1991 | Docket: 56728

Cited 2 times | Published

the Department of Insurance as is required by section 768.28(6)(a), Florida Statutes (1989). The trial court

Scarlett v. Public Health Trust

584 So. 2d 75, 1991 WL 134043

District Court of Appeal of Florida | Filed: Jul 23, 1991 | Docket: 56728

Cited 2 times | Published

the Department of Insurance as is required by section 768.28(6)(a), Florida Statutes (1989). The trial court

South Broward Topeekeegeeyugnee Park Dist. v. Martin

564 So. 2d 1265, 1990 WL 116903

District Court of Appeal of Florida | Filed: Aug 15, 1990 | Docket: 1294638

Cited 2 times | Published

judgment against appellant to $200,000 pursuant to section 768.28(5), Florida Statutes (1985). Appellees appear

Mitchell v. School Board of Dade County

566 So. 2d 2, 1990 WL 58283

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 747009

Cited 2 times | Published

Assuming the Mitchells' notification under section 768.28, Florida Statutes (1989), could be read broadly

Miller v. Dept. of Highway Safety

548 So. 2d 880, 1989 WL 104486

District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 1333456

Cited 2 times | Published

ostensibly based on sovereign immunity under section 768.28 and Trianon Park Condominium Association, Inc

Vasquez v. Board of Regents, State of Fla.

548 So. 2d 251, 1989 WL 76425

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 1699092

Cited 2 times | Published

immunity statute applicable to this incident, section 768.28(5), Florida Statutes (1987). After releasing

Martin v. South Broward Topeekeegeeyugnee Park District

541 So. 2d 172, 1989 WL 33964

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1516603

Cited 2 times | Published

limited the judgments to $200,000, pursuant to section 768.28(5), Florida Statutes (1987). Appellants then

Durrance v. City of Jacksonville

532 So. 2d 696, 1988 WL 89503

District Court of Appeal of Florida | Filed: Aug 31, 1988 | Docket: 1510225

Cited 2 times | Published

private person, would be liable to the claimant." Section 768.28, Fla. Stat. (1987). In Trianon Park Condominium

Orange Ridge, Inc. v. State of Fla.

696 F. Supp. 600, 1988 U.S. Dist. LEXIS 11288, 1988 WL 102464

District Court, S.D. Florida | Filed: Jul 22, 1988 | Docket: 888448

Cited 2 times | Published

immunity for traditional torts under Fla.Stat. § 768.28, this waiver does not extend to "constitutional

Lloyd v. Ellis

520 So. 2d 59, 1988 WL 6397

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 1709269

Cited 2 times | Published

of the Florida waiver of immunity statute, section 768.28(6), Florida Statutes (1985). This statute requires

Jozwiak v. Leonard

504 So. 2d 1260, 11 Fla. L. Weekly 2362

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 453525

Cited 2 times | Published

had complied with the notice requirements of section 768.28(6), Florida Statutes. On May 31, 1984, the

STATE, DEPT. OF HEALTH v. Yamuni

498 So. 2d 441

District Court of Appeal of Florida | Filed: Oct 21, 1986 | Docket: 1335697

Cited 2 times | Published

100,000.00, which was reduced, pursuant to section 768.28, Florida Statutes (1979), to $50,000.00, and

Rhodes v. Lámar

490 So. 2d 1061, 11 Fla. L. Weekly 1484

District Court of Appeal of Florida | Filed: Jul 3, 1986 | Docket: 1489202

Cited 2 times | Published

different holding here. Appellant argues that section 768.28, Florida Statutes (1985), the waiver of sovereign

Department of Corrections v. Hill

490 So. 2d 118

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 1489456

Cited 2 times | Published

1986): Has the State of Florida, pursuant to section 768.28, Florida Statutes (1983), waived its Eleventh

Terrell v. United States

783 F.2d 1562, 1986 U.S. App. LEXIS 22964

Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 1986 | Docket: 66214105

Cited 2 times | Published

under the eleventh amendment. Florida Stat.Ann. § 768.28(1) & (5) (West Supp.1985) waives sovereign immunity

Springer v. FLA. DEPT. OF NATURAL RESOURCES

485 So. 2d 15, 11 Fla. L. Weekly 626, 1986 Fla. App. LEXIS 6854

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 554971

Cited 2 times | Published

Indian River County, 371 So.2d 1010 (Fla. 1979); § 768.28(1), Fla. Stat. (1983); accord City of Miami Beach

Stephenson v. SCHOOL BD., POLK CTY.

467 So. 2d 1112, 24 Educ. L. Rep. 1091

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 2572160

Cited 2 times | Published

disregard of human rights, safety, or property." § 768.28, Fla. Stat. (1975).[1] The school board cannot

Arney v. DEPT. OF NATURAL RESOURCES

448 So. 2d 1041

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 429567

Cited 2 times | Published

summary judgment for DNR as to those counts. Section 768.28(9)(a), Florida Statutes (Supp. 1980), precludes

Department of Transp. v. Soldovere

452 So. 2d 11, 1984 Fla. App. LEXIS 12587

District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 474409

Cited 2 times | Published

In 1981, however, the legislature enacted Section 768.28(1), Florida Statutes (1981), which abrogated

Russell v. State

417 So. 2d 1119

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 467985

Cited 2 times | Published

hands a few days thereafter, and that under section 768.28, Florida Statutes (1979), (waiver of sovereign

Greer v. Mathews

409 So. 2d 1105

District Court of Appeal of Florida | Filed: Jan 28, 1982 | Docket: 526205

Cited 2 times | Published

in Florida, notwithstanding the enactment of Section 768.28, Florida Statutes (1975), a statutorily qualified

Feinman v. City of Jacksonville

356 So. 2d 50, 1978 Fla. App. LEXIS 15520

District Court of Appeal of Florida | Filed: Mar 13, 1978 | Docket: 1739761

Cited 2 times | Published

trial judge considered the effect, if any, of F.S. 768.28, which became effective on January 1, 1975, long

David Charles Sussman v. Department of Corrections

257 So. 3d 604

District Court of Appeal of Florida | Filed: Oct 18, 2018 | Docket: 8048727

Cited 1 times | Published

42 U.S.C. § 1983 Civil Rights Complaint; and F.S. 768.28 Tort Complaint,” in which he sought the reversal

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

256 So. 3d 907

District Court of Appeal of Florida | Filed: Aug 16, 2018 | Docket: 7673013

Cited 1 times | Published

originating”). Pursuant to its enactment of section 768.28, Florida Statutes, the Legislature has explicitly

CITY OF DUNEDIN v. PIRATE'S TREASURE, INC.

255 So. 3d 902

District Court of Appeal of Florida | Filed: Apr 13, 2018 | Docket: 6362811

Cited 1 times | Published

according to the City, the claims are barred by section 768.28(9), Florida Statutes (2011), because the pleadings

Lordeus v. Miami-Dade County

263 F. Supp. 3d 1307

District Court, S.D. Florida | Filed: Jul 5, 2017 | Docket: 64315000

Cited 1 times | Published

1260, 1266 (11th Cir. 2001). See also Fla. Stat; § 768.28. A discretionary function is one in which “the

Miami-Dade County v. Pozos

242 So. 3d 1152

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585358

Cited 1 times | Published

entitled to sovereign immunity or immunity under section 768.28(9), Florida Statutes, the County was not authorized

Hillsborough County v. Star Insurance Company

847 F.3d 1296, 2017 WL 460999, 2017 U.S. App. LEXIS 1924

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2017 | Docket: 4580047

Cited 1 times | Published

of sovereign immunity set forth in Fla. Stat. § 768.28(5) and the language of the self-insured retention

Wilson v. City of Tampa

209 So. 3d 646, 2017 Fla. App. LEXIS 1067

District Court of Appeal of Florida | Filed: Feb 1, 2017 | Docket: 4578716

Cited 1 times | Published

requirement of pre-suit notice demanded by section 768.28(6), Florida Statutes (2011). Ms. Wilson advances

Eric Green v. Calvin Cottrell

204 So. 3d 22, 41 Fla. L. Weekly Supp. 506, 2016 Fla. LEXIS 2487

Supreme Court of Florida | Filed: Nov 10, 2016 | Docket: 4487516

Cited 1 times | Published

assertion that the four-year time limit in section 768.28(14), Florida Statutes (2007), was applicable

City of Fort Lauderdale v. Israel

178 So. 3d 444, 2015 WL 5948627

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 60251471

Cited 1 times | Published

immunity in tort through section 768.28, Florida Statutes (2015). Section 768.28(1) provides for the waiver

Dunn v. City of Boynton Beach

192 F. Supp. 3d 1310, 2016 U.S. Dist. LEXIS 77088, 2016 WL 3256935

District Court, S.D. Florida | Filed: Jun 14, 2016 | Docket: 64309357

Cited 1 times | Published

City’s arguments in turn. 1. Sovereign Immunity Section 768.28 of the Florida statutes is Florida’s waiver

W.D. v. Archdiocese of Miami, Inc. Archdiocese of Miami, a Corporation Sole Archbishop Wenski, etc.

197 So. 3d 584, 2016 WL 3065748, 2016 Fla. App. LEXIS 8343

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071343

Cited 1 times | Published

reviewed section 95.11(7)’s application to section 768.28(14), Florida Statutes. Id at 854. There,-the

Onika Williams v. The City of Jacksonville (County of Duval)

191 So. 3d 925, 2016 WL 2610603, 2016 Fla. App. LEXIS 6981

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3061485

Cited 1 times | Published

time and the limitations period set out in section 768.28(6)(a), Florida Statutes. , Because the allegations

Nelson v. Hillsborough County, Florida

189 So. 3d 1037, 2016 WL 1534017, 2016 Fla. App. LEXIS 5790

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 3054321

Cited 1 times | Published

notice requirements of section 768.28, Florida Statutes (2009). Section 768,28 sets forth a waiver

School Board of Broward County v. City of Coral Springs

187 So. 3d 287, 2016 Fla. App. LEXIS 3124, 2016 WL 805300

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040732

Cited 1 times | Published

comply with the presuit notice requirements of section 768.28, Florida Statutes (2011) for waiver of sovereign

Manfre v. Shinkle

184 So. 3d 641, 2016 Fla. App. LEXIS 1534, 2016 WL 438227

District Court of Appeal of Florida | Filed: Feb 5, 2016 | Docket: 60253342

Cited 1 times | Published

§ 13, Fla. Const.1 The Legislature enacted section 768.28, Florida Statutes, to provide for a limited

Douglas v. Bronson

178 So. 3d 552, 2015 Fla. App. LEXIS 17929, 2015 WL 7731459

District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 60251500

Cited 1 times | Published

party is not entitled to either immunity under section 768.28(9), Florida Statutes, or sovereign immunity

Salgado v. City of West Miami

85 F. Supp. 3d 1332, 2015 U.S. Dist. LEXIS 13250, 2015 WL 500490

District Court, S.D. Florida | Filed: Feb 4, 2015 | Docket: 64300400

Cited 1 times | Published

human rights, safety, or property.” Fla. Stat. § 768.28(9)(a). Therefore, Lopez is entitled to summary

Schaeffer v. School Board of Broward County

69 F. Supp. 3d 1327, 2014 WL 5817000

District Court, S.D. Florida | Filed: Nov 10, 2014 | Docket: 64299241

Cited 1 times | Published

to comply with the notification requirements of § 768.28(6), Florida Statutes. See ECF No. [11]. II. LEGAL

Gregory v. Miami-Dade County

86 F. Supp. 3d 1333, 2014 U.S. Dist. LEXIS 182221, 2014 WL 7876231

District Court, S.D. Florida | Filed: Sep 29, 2014 | Docket: 64300491

Cited 1 times | Published

sovereign immunity codified in Fla. Stat. Ann. § 768.28(9)(a). Plaintiffs respond by arguing that their

Montanez v. Celaya

49 F. Supp. 3d 1010, 2014 U.S. Dist. LEXIS 125148, 2014 WL 4437273

District Court, M.D. Florida | Filed: Sep 8, 2014 | Docket: 64297475

Cited 1 times | Published

cause of action. Id. at 1178. Florida Statute § 768.28(9)(a) provides limited statutory immunity to police

Star Insurance Co. v. Dominguez

141 So. 3d 690, 2014 WL 2874336, 2014 Fla. App. LEXIS 9598

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242014

Cited 1 times | Published

Concur. . See § 768.28(5), Fla. Stat. (2009). We cite to the 2009 version of section 768.28(5) because it

F.T.M.I. Operator, LLC v. Limith

140 So. 3d 1065, 2014 Fla. App. LEXIS 8792, 2014 WL 2565929

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241354

Cited 1 times | Published

to dismiss based upon immunity from suit in section 768.28(9)(a), Florida Statutes, but directing rules

Scullock v. Gee

161 So. 3d 421, 2014 WL 948877, 2014 Fla. App. LEXIS 3492

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60247135

Cited 1 times | Published

at P.O. Box 3371-Tampa, FL 33601 pursuant to section 768.28(6)(a) F.S. [timely]; (All brackets and parentheses

Vargas v. City of Fort Myers

137 So. 3d 1031, 2014 WL 185193, 2014 Fla. App. LEXIS 446

District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60240138

Cited 1 times | Published

the bases that Vargas failed to comply with section 768.28, Florida Statutes (2005), and the statute of

Department of Transportation v. CSX Transportation, Inc.

128 So. 3d 209, 2013 WL 6481129, 2013 Fla. App. LEXIS 19661

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237033

Cited 1 times | Published

limited to $200,000, the amount authorized by section 768.28(5), Florida Statutes (2002). It maintains that

Buckman v. Beighley

128 So. 3d 133, 2013 WL 5744454, 2013 Fla. App. LEXIS 16894

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236984

Cited 1 times | Published

taken within 30 days. We affirm. Pursuant to section 768.28, Florida Statutes (2008), Mr. Buckman sued

Janie Doe 1 ex rel. Miranda v. Sinrod

117 So. 3d 786, 2013 WL 1890647, 2013 Fla. App. LEXIS 7361

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60232780

Cited 1 times | Published

failed to file a Notice of Claim, pursuant to section 768.28(6)(a), Florida Statutes (2006), within three

Posen Construction, Inc. v. Lee County

921 F. Supp. 2d 1350, 2013 WL 375430, 2013 U.S. Dist. LEXIS 13203

District Court, M.D. Florida | Filed: Jan 31, 2013 | Docket: 65988553

Cited 1 times | Published

deeision (because it did not apply), held that “Section 768.28 does not apply to lawsuits in federal court

Smyth v. Infrastructure Corp. of America

113 So. 3d 904, 2013 WL 275573, 2013 Fla. App. LEXIS 1083

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231642

Cited 1 times | Published

liability of the DOT under sovereign immunity. See § 768.28(5), Fla. Stat. (2006). Section 7 of the contract

Perez v. School Board

917 F. Supp. 2d 1261, 2013 U.S. Dist. LEXIS 8676, 2013 WL 203564

District Court, S.D. Florida | Filed: Jan 17, 2013 | Docket: 65987921

Cited 1 times | Published

respective employers mutually exclusive. See Fla. Stat. § 768.28(9)(a) (waiving sovereign immunity and making action

Miami-Dade County v. Rodriguez

67 So. 3d 1213, 2011 Fla. App. LEXIS 13791, 2011 WL 3820715

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 60301960

Cited 1 times | Published

notwithstanding the legislative waiver present in section 768.28, Florida Statutes. (Footnote omitted). As the

BECHTELHEIMER v. Continental Airlines, Inc.

776 F. Supp. 2d 1319, 2011 U.S. Dist. LEXIS 40226, 2011 WL 1346860

District Court, M.D. Florida | Filed: Apr 1, 2011 | Docket: 2341503

Cited 1 times | Published

six-month grace period required under Florida Statute § 768.28(6). (Doc. # 17 at 3-4). In the context of determining

City of Fort Lauderdale v. Scott

773 F. Supp. 2d 1355, 2011 U.S. Dist. LEXIS 19335, 2011 WL 772879

District Court, S.D. Florida | Filed: Feb 28, 2011 | Docket: 2341221

Cited 1 times | Published

notice provision contained in Florida Statutes § 768.28(6)(a). The City acknowledges that Counter-Plaintiffs

Robbins v. City of Miami Beach

769 F. Supp. 2d 1372, 2011 WL 198097

District Court, S.D. Florida | Filed: Jan 20, 2011 | Docket: 271198

Cited 1 times | Published

claims in the alternative under Florida Statute § 768.28 against either: (1) CMB, as the state agency responsible

Smith v. Rainey

747 F. Supp. 2d 1327, 2010 U.S. Dist. LEXIS 104830, 2010 WL 4118096

District Court, M.D. Florida | Filed: Sep 30, 2010 | Docket: 2342237

Cited 1 times | Published

the pre-suit notice requirement of Fla. Stat. § 768.28 is rejected.[7] Notice to the agency and written

Miami-Dade County v. Miller

19 So. 3d 1037, 2009 Fla. App. LEXIS 14512, 2009 WL 3101044

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1651703

Cited 1 times | Published

DCA 1993); see also Art. X, § 13, Fla. Const. Section 768.28, Florida Statutes (2001), expressly waives

Bank of America, N.A. v. United States Internal Revenue Service

663 F. Supp. 2d 1308, 104 A.F.T.R.2d (RIA) 5812, 2009 U.S. Dist. LEXIS 74197

District Court, M.D. Florida | Filed: Jul 10, 2009 | Docket: 2298904

Cited 1 times | Published

governmental authority in Florida; Fla. Stat. *1311 § 768.28, and Jacksonville Municipal Ordinance Section

Department of Children & Family Services v. Chapman

9 So. 3d 676, 2009 Fla. App. LEXIS 3211, 2009 WL 996733

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1231583

Cited 1 times | Published

limitations on damages against a state agency. See § 768.28(5), Fla. Stat. (1997).[3] DCF then filed this

SINQUEFIELD v. State

1 So. 3d 370, 2009 Fla. App. LEXIS 654, 2009 WL 211937

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 1653948

Cited 1 times | Published

sovereign immunity for liability for torts, see § 768.28, Fla. Stat. (1975), and this waiver became effective

Bifulco v. PATIENT BUSINESS & FIN. SERVS.

997 So. 2d 1257, 2009 WL 7664

District Court of Appeal of Florida | Filed: Jan 2, 2009 | Docket: 1720912

Cited 1 times | Published

failure to provide presuit notice pursuant to section 768.28(6), Florida Statutes was fatal to Appellant's

BD. OF TRUSTEES OF STATE UNIV. v. Esposito

991 So. 2d 924, 2008 WL 3540213

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1398302

Cited 1 times | Published

by reference adopts the $100,000.00 cap in section 768.28(5), Florida Statutes (2005). On appeal, FSU

Hall v. Knight

986 So. 2d 659, 2008 WL 2755236

District Court of Appeal of Florida | Filed: Jul 17, 2008 | Docket: 737390

Cited 1 times | Published

pleadings tracked all of the pertinent language in section 768.28(9)(a), Florida Statutes, allowing the appellees

Fletcher v. City of Miami

567 F. Supp. 2d 1389, 2008 U.S. Dist. LEXIS 62992, 2008 WL 2729351

District Court, S.D. Florida | Filed: Jul 11, 2008 | Docket: 1014913

Cited 1 times | Published

notice provision of Florida Statute Section 768.28. Section 768.28 sets forth the conditions by which

Trammell v. Thomason

559 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 44210, 2008 WL 2338085

District Court, M.D. Florida | Filed: Jun 3, 2008 | Docket: 1819746

Cited 1 times | Published

sovereign immunity statute, Florida Statute Section 768.28." (Dkt. 58 at p. 1). Officer Dorough's Motion

Rauen v. City of Miami

613 F. Supp. 2d 1324, 2007 U.S. Dist. LEXIS 98416, 2007 WL 6433992

District Court, S.D. Florida | Filed: Sep 17, 2007 | Docket: 2530352

Cited 1 times | Published

human rights, safety, or property. Fla. Stat. § 768.28(9)(a) (emphasis added). The City asserts that

Baldwin v. City of Fort Lauderdale

961 So. 2d 1015, 2007 Fla. App. LEXIS 10700, 2007 WL 1988901

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 64851605

Cited 1 times | Published

liability under the statutory immunity provided by section 768.28(9)(a), Florida Statutes (2001).1 The plaintiffs

Brown v. Jenne

941 So. 2d 447, 2006 Fla. App. LEXIS 17848, 2006 WL 3018127

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847732

Cited 1 times | Published

entitled to absolute immunity on the basis of section 768.28(9)(a), Florida Statutes, as interpreted by

Cobb v. Langworthy

909 So. 2d 416, 2005 WL 1991595

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1663291

Cited 1 times | Published

Florida's waiver of sovereign immunity statute, section 768.28, Florida Statutes. In this case, Langworthy

Simon v. Murphy

895 So. 2d 1245, 2005 Fla. App. LEXIS 2519, 2005 WL 475539

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64836567

Cited 1 times | Published

else.” We agree. Pursuant to Florida Statutes section 768.28(9)(a), an officer acting in the scope of employment

Woods v. Paradis

380 F. Supp. 2d 1316, 2005 U.S. Dist. LEXIS 17356, 2005 WL 1876112

District Court, S.D. Florida | Filed: Feb 22, 2005 | Docket: 2275046

Cited 1 times | Published

of Miramar for alleged violation of Fla. Stat. § 768.28 (Count V), and a loss of consortium claim brought

Maynard v. State, Department of Corrections

864 So. 2d 1232, 2004 Fla. App. LEXIS 650, 2004 WL 221204

District Court of Appeal of Florida | Filed: Jan 29, 2004 | Docket: 64827859

Cited 1 times | Published

Insurance with the pre-suit notice required by section 768.28(6)(a), Florida Statutes (2000). Although the

Florez v. City of Miami

858 So. 2d 378, 2003 Fla. App. LEXIS 16710, 2003 WL 22493456

District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 460754

Cited 1 times | Published

city with proper written notice pursuant to section 768.28, Florida Statutes (1995). The trial court granted

Calero v. Metropolitan Dade County

787 So. 2d 911, 2001 WL 484177

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1745062

Cited 1 times | Published

to give notice of her claim as required by section 768.28, Florida Statutes (1995). We affirm. I. Ms

Cunningham v. Florida Department of Children & Families

782 So. 2d 913, 2001 Fla. App. LEXIS 4120, 2001 WL 277032

District Court of Appeal of Florida | Filed: Mar 22, 2001 | Docket: 64804844

Cited 1 times | Published

sovereign immunity, and time-barred pursuant to section 768.28(6), Florida Statutes (1991), because Appellant

Romano v. Palm Beach County

715 So. 2d 315, 1998 Fla. App. LEXIS 9125, 1998 WL 406322

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 1716946

Cited 1 times | Published

functions, but not "operational" functions. See § 768.28, Fla. Stat. (1997). In City of St. Petersburg

Collins & Co., Inc. v. City of Jacksonville

38 F. Supp. 2d 1338, 1998 U.S. Dist. LEXIS 21544, 1998 WL 1021479

District Court, M.D. Florida | Filed: May 8, 1998 | Docket: 2161406

Cited 1 times | Published

Florida's statutory waiver of sovereign immunity. See § 768.28(1), Fla.Stats. (waiving sovereign immunity of

Garcia v. STATE, DEPT. OF NAT. RESOURCES

707 So. 2d 1158, 1998 WL 75069

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 1259932

Cited 1 times | Published

safely (or to see that it is operated safely). See § 768.28(5), Fla. Stat. (1995); Avallone, 493 So.2d at

City of Live Oak v. Harris

702 So. 2d 276, 1997 WL 765642

District Court of Appeal of Florida | Filed: Dec 8, 1997 | Docket: 1513258

Cited 1 times | Published

contends that, pursuant to subsection (8) of section 768.28, Florida Statutes (1995) governing the waiver

Lamar Advertising of Mobile, Inc. v. CITY OF LAKELAND, FL

980 F. Supp. 1455, 39 Fed. R. Serv. 3d 1332, 1997 U.S. Dist. LEXIS 16481, 1997 WL 656198

District Court, M.D. Florida | Filed: Sep 30, 1997 | Docket: 1497388

Cited 1 times | Published

compliance with the notice requirements set forth by § 768.28(6), Florida Statutes (1995). Defendants contend

White v. Fl. Hwy. Patrol, Div. of Fl. Dept. of Hwy.

928 F. Supp. 1153, 1996 U.S. Dist. LEXIS 8316, 1996 WL 327785

District Court, M.D. Florida | Filed: Jun 10, 1996 | Docket: 1731830

Cited 1 times | Published

(6) months before filing his lawsuit. Fla.Stat. § 768.28(6)(a). Additionally, Plaintiff failed to serve

Novella Land v. Panama City Beach

662 So. 2d 743, 1995 Fla. App. LEXIS 11751, 1995 WL 656003

District Court of Appeal of Florida | Filed: Nov 9, 1995 | Docket: 155584

Cited 1 times | Published

the state or its agencies or subdivisions. See § 768.28(7), Fla. Stat. (1993). We found such orders to

Platt Ex Rel. Platt v. Dept. of Health & Rehab.

659 So. 2d 1251

District Court of Appeal of Florida | Filed: Aug 28, 1995 | Docket: 1748135

Cited 1 times | Published

barred by the limitation provision set forth in section 768.28(12), Florida Statutes (1989). We conclude that

Lane v. Eckert

652 So. 2d 1257, 1995 Fla. App. LEXIS 3555, 1995 WL 150422

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755334

Cited 1 times | Published

appellant failed to comply with the requirements of section 768.28(6), Florida Statutes (1991), the trial court

City of Fort Lauderdale v. Todaro

632 So. 2d 655, 1994 Fla. App. LEXIS 986, 1994 WL 45554

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 64746568

Cited 1 times | Published

exonerating the City under the provisions of section 768.28(9)(a), Florida Statutes (1989). We reverse

Lopez v. Prager

625 So. 2d 1240, 1993 WL 331422

District Court of Appeal of Florida | Filed: Aug 31, 1993 | Docket: 1517564

Cited 1 times | Published

prior to initiating the action as required by Section 768.28 of the Florida Statutes[3] and was therefore

Arrowsmith v. Broward County

633 So. 2d 21, 1993 Fla. App. LEXIS 8480, 1993 WL 310734

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 1708065

Cited 1 times | Published

Insurance, pursuant to the requirements of Section 768.28(6), Florida Statutes. Further, "(w)here the

Perez v. City of Key West, Fla.

823 F. Supp. 934, 84 Educ. L. Rep. 188, 1993 U.S. Dist. LEXIS 7935

District Court, M.D. Florida | Filed: Jun 1, 1993 | Docket: 2098716

Cited 1 times | Published

of sovereign immunity granted state entities by § 768.28, and the service requirements outlined therein

Frawley v. City of Lake Worth

603 So. 2d 1327, 1992 Fla. App. LEXIS 8651, 1992 WL 191297

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669400

Cited 1 times | Published

acting within the scope of his employment. See § 768.28, Fla.Stat. *1329(1987). Though Lieutenant Smith

Pirez v. Brescher

584 So. 2d 993, 16 Fla. L. Weekly Supp. 583, 1991 Fla. LEXIS 1522, 1991 WL 165229

Supreme Court of Florida | Filed: Aug 29, 1991 | Docket: 64661105

Cited 1 times | Published

BROWARD COUNTY ATTORNEY’S OFFICE PURSUANT TO SECTION 768.28(6)(a) SUFFICE TO SUPPORT AN ACTION ON A CLAIM

Shands Teaching Hosp. and Clinics, Inc. v. Pendley

577 So. 2d 632, 1991 WL 39149

District Court of Appeal of Florida | Filed: Mar 26, 1991 | Docket: 1654374

Cited 1 times | Published

at Shands may claim sovereign immunity under section 768.28(9), Florida Statutes, as employees of the state

Orange County v. Gipson

548 So. 2d 658, 1989 WL 104500

Supreme Court of Florida | Filed: Sep 7, 1989 | Docket: 1333301

Cited 1 times | Published

The district court disagreed, holding that section 768.28(6)(a) does not require that the City provide

Hill v. STATE OF FLA. DHRS

715 F. Supp. 346

District Court, M.D. Florida | Filed: Jul 11, 1989 | Docket: 1357018

Cited 1 times | Published

has waived its Sovereign Immunity by virtue of § 768.28, Florida Statutes, or otherwise. Because this

Craven v. Metropolitan Dade County

545 So. 2d 932, 14 Fla. L. Weekly 1269, 1989 Fla. App. LEXIS 2949, 1989 WL 53466

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 2534757

Cited 1 times | Published

immune from liability for malicious prosecution. § 768.28(9)(a), Fla. Stat. (1987); See Sebring Utils. Comm'n

Orange County v. Gipson

539 So. 2d 526, 1989 WL 16630

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 1511042

Cited 1 times | Published

to the State Department of Insurance as per section 768.28(6)(a), Florida Statutes (1987), second, that

Lower Fla. Keys Hosp. Dist. v. Littlejohn

520 So. 2d 56, 1988 WL 4021

District Court of Appeal of Florida | Filed: Jan 26, 1988 | Docket: 1300559

Cited 1 times | Published

taxing district, is a sovereign entity under Section 768.28, Florida Statutes (1981), Eldred v. North Broward

Zieja v. Metropolitan Dade County

508 So. 2d 354

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1649028

Cited 1 times | Published

legislature's waiver of sovereign immunity in section 768.28, Florida Statutes (1985), for its negligent

Department of Transp. v. Soldovere

500 So. 2d 568, 11 Fla. L. Weekly 2519, 1986 Fla. App. LEXIS 10916

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1295589

Cited 1 times | Published

is critical because the legislature modified section 768.28(5), Florida Statutes (1981), on October 1,

Krivanek v. Pasternack

490 So. 2d 252, 11 Fla. L. Weekly 1483

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1488804

Cited 1 times | Published

protected from liability based on the provisions of section 768.28(9)(a), Florida Statutes (1985), which provides

Avallone v. BD., CTY. COM'RS, CITRUS

467 So. 2d 826, 10 Fla. L. Weekly 478

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1680562

Cited 1 times | Published

involving negligent tortious conduct waived by section 768.28, Florida Statutes (1977), and that part of

Johnson v. Collier County

468 So. 2d 249, 10 Fla. L. Weekly 481

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 1401743

Cited 1 times | Published

functions could be the subject of tort liability); § 768.28, Fla. Stat. (1979). In support of its argument

Arthur v. Florida Department of Transportation

587 F. Supp. 974, 1984 U.S. Dist. LEXIS 15282

District Court, S.D. Florida | Filed: Jul 2, 1984 | Docket: 1346352

Cited 1 times | Published

not expressly consented to be sued. Although section 768.28, Fla.Stat.,[*] waives the sovereign immunity

TRIANON PARK CONDOMINIUM ASSOC., INC. v. City of Hialeah

423 So. 2d 911

District Court of Appeal of Florida | Filed: Jan 11, 1983 | Docket: 1528774

Cited 1 times | Published

settlement. Judgment was then entered pursuant to section 768.28, Florida Statutes (1975), which provides for

Florida Dept. of Transp. v. Lopez

415 So. 2d 116, 1982 Fla. App. LEXIS 20379

District Court of Appeal of Florida | Filed: Jun 15, 1982 | Docket: 1069970

Cited 1 times | Published

of action accrued prior to October 1, 1981. Section 768.28(1), Florida Statutes (1981) provides, subject

State ex rel. Division of Administration v. Oliff

350 So. 2d 484, 1977 Fla. App. LEXIS 16944

District Court of Appeal of Florida | Filed: Sep 13, 1977 | Docket: 64560469

Cited 1 times | Published

immunity in tort actions has been waived by Section 768.28, Florida Statutes (1975), to the extent of

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307

Published

negligence. See § 768.28(1), (2), Fla. Stat.; § 1004.41(5)(d), Fla. Stat.; but cf. § 768.28(5)(a), Fla. Stat

Florida Department of Corrections v. Andrew Campbell

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962114

Published

that asserts entitlement to immunity under section 768.28(9), Florida Statutes).

Jordan M. Anderson v. the School Board of Escambia County

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890926

Published

the wrongful death claim in accordance with section 768.28, Florida Statutes. And for Count II, the trial

Clerk of Circuit Court and Comptroller, Hillsborough County v. Manhattan Palms Association One, LLC

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890044

Published

Bd., 450 So. 2d 847, 848 (Fla. 1984). Section 768.28, Florida Statutes (2008), waives the State's

Tania Almagro v. School Board of Miami-Dade County

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70892209

Published

73-313, § 1, Laws of Fla. (1973) (currently § 768.28, Fla. Stat. (2011)) (general law waiving of sovereign

Anthony Rojas v. University of Florida Board of Trustees

Supreme Court of Florida | Filed: Jul 17, 2025 | Docket: 70826032

Published

explicitly waived sovereign immunity in tort” by section 768.28, Florida Statutes, we observed that “[t]here

Anthony Rojas v. University of Florida Board of Trustees

Supreme Court of Florida | Filed: Jul 17, 2025 | Docket: 70826032

Published

explicitly waived sovereign immunity in tort” by section 768.28, Florida Statutes, we observed that “[t]here

Florida Department of Corrections v. Eddie Wright

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808231

Published

pleadings based on sovereign immunity under section 768.28(9), Florida Statutes (2019). We have jurisdiction

Samuel Scott, Jr. v. City of Miami

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2025 | Docket: 67993072

Published

Argued: Dec 12, 2024

remaining false arrest claim. See Fla. Stat. § 768.28(9)(a). Scott timely appealed the

Nocco, Sheriff of Pasco County v. Wilcox

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472151

Published

accordance with the general laws of this state." § 768.28(1), Fla. Stat. (2023); see also art. X, § 13,

Kevin Vericker v. Norman Christopher Powell

Supreme Court of Florida | Filed: Mar 27, 2025 | Docket: 69800824

Published

absolute right to be free from litigation. E.g., § 768.28(9)(a), Fla. Stat. (2017) (precluding liability

Angel Tomas v. Dmitry Sandler, DPM

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793066

Published

State’s liability is limited as found in section 768.28, Florida Statutes (copy provided). Invoking

In Re: Amendments to Florida Rules of Appellate Procedure

Supreme Court of Florida | Filed: Mar 6, 2025 | Docket: 69710619

Published

(ii) asserts entitlement to immunity under section 768.28(9), Florida Statutes; or

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida | Filed: Dec 20, 2024 | Docket: 69485915

Published

(Appellee) failed to comply with the requirements of section 768.28(6), Florida Statutes (2021), and the time for

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

negligence. See § 768.28(1), (2), Fla. Stat.; § 1004.41(5)(d), Fla. Stat.; but cf. § 768.28(5)(a), Fla. Stat

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

negligence. See § 768.28(1), (2), Fla. Stat.; § 1004.41(5)(d), Fla. Stat.; but cf. § 768.28(5)(a), Fla. Stat

School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mutual Automobile Insurance Company

District Court of Appeal of Florida | Filed: Nov 21, 2024 | Docket: 69399672

Published

did not expressly waive sovereign immunity. Cf. § 768.28(1), Fla. Stat. (“In accordance with s. 13, Art

City of Tampa v. Foottit, Foottit

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265872

Published

immunity against the Foottits' claims under section 768.28(9)(d), Florida Statutes (2022). In support

George Buchanan v. Miami-Dade County

District Court of Appeal of Florida | Filed: Sep 30, 2024 | Docket: 69209445

Published

claim was barred by sovereign immunity under section 768.28(9)(a), Florida Statutes (2020). Buchanan responded

PATTERSON AND WALTER v. CLARKE

District Court of Appeal of Florida | Filed: Sep 13, 2024 | Docket: 69159270

Published

comply with the [presuit notice] requirements of section 768.28(6), Florida Statutes (1991), the trial court

DRJ Atlantic, LLC D/B/A Hyundai of Jacksonville v. Amir Babadi,Cheryl Yeschenko, State Farm Mutual Automobile Insurance Company and Progressive American Insurance Company

District Court of Appeal of Florida | Filed: Sep 5, 2024 | Docket: 69133356

Published

under federal law; . . . (ii) immunity under section 768.28(9), Florida Statutes; or (iii) . . . sovereign

ENGLEWOOD COMMUNITY HOSPITAL, INC., SARASOTA DOCTORS HOSPITAL, INC. v. SARASOTA COUNTY, VENICE HMA, LLC

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68998441

Published

within the ambit of sovereign immunity, enacted section 768.28, Florida Statutes, which provides a limited

VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER v. SARASOTA DOCTORS HOSPITAL, INC., ENGLEWOOD COMMUNITY HOSPITAL, INC.

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68161737

Published

within the ambit of sovereign immunity, enacted section 768.28, Florida Statutes, which provides a limited

Duval County Public Schools and Lewis James v. Jowanda Jackson, as Legal Guardian of Kyesha Johnson, A Child and Kyesha Johnson

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938151

Published

Department of Financial Services as required by section 768.28(6)(a), Florida Statutes (2023). On our record

Miguel Vazquez v. City of Hallandale Beach, Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68553878

Published

of Corr., 471 So. 2d 4, 5 (Fla. 1984). “In section 768.28, Florida Statutes [], the legislature has explicitly

Sylvan Plowright v. Miami Dade County

Court of Appeals for the Eleventh Circuit | Filed: Jun 5, 2024 | Docket: 68305771

Published

Argued: Mar 6, 2024

erty.” Id. at 7–8 (quoting Fla. Stat. § 768.28(9)(a)). Third, the court dismissed both

Victoria Mendez, etc. v. Jose R. Alvarez

District Court of Appeal of Florida | Filed: May 29, 2024 | Docket: 68534387

Published

exceptions to the employee immunity statute[, § 768.28(9)(a).]” Kist v. Hubbard, 93 So. 3d 1100, 1101

The Florida International University Board of Trustees v. Signal Safe, Inc., a Florida Corporation

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553876

Published

limitations specified in [section 768.28, Florida Statutes (2022)].” § 768.28(1), Fla. Stat. That statute

Efrain Soto, in care of Michael Soto v. Franklin Academy Foundation, Inc.

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68510425

Published

comply with the condition precedent stated in section 768.28(6)(a), Florida Statutes (2018): An

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68404274

Published

waiving the Board’s sovereign immunity under section 768.28, Florida Statutes (2021), and holding it vicariously

JO ANN DANIELS v. READYCAP LENDING, LLC

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313211

Published

to comply with section 768.28(6), Florida Statutes (1981). Id. at 874. Section 768.28(6) required Mr

Ricky D. Dixon, Secretary of the Florida Department of Corrections v. Stacy Antonio Scott, Jr., Leah James Frame

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268093

Published

entitled to sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes. The lower court denied

Fagan v. Jackson County Hospital District, Jackson Hospital

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68251065

Published

district protected by sovereign immunity. See § 768.28(2), Fla. Stat. (2017) (defining “state agencies

Ioannis Zisis, Ph.D. v. Signal Safe, Inc., etc.

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165157

Published

limitations specified in [section 768.28, Florida Statutes (2022)].” § 768.28(1), Fla. Stat. That statute

Peter Irwin, Ph.D. v. Signal Safe, Inc., etc.

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165152

Published

limitations specified in [section 768.28, Florida Statutes (2022)].” § 768.28(1), Fla. Stat. That statute

Diane Scott v. Daniel Zieg

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68149054

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 768.28(6)(a), Fla. Stat. (2022) (providing in part: “An

Miami-Dade County v. Michael Polanco

District Court of Appeal of Florida | Filed: Jan 10, 2024 | Docket: 68148823

Published

it was sovereignly immune from suit under section 768.28(9)(a), 1 Florida Statutes (2022), because the

Seminole Hard Rock Hotel & Casino -Hollywood, Seminole Tribe of Florida v. Josephine Pupo

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103698

Published

compliance with the process service requirements of section 768.28(7)” was “fatal to his action”) (emphasis added);

City of Gainesville, d/b/a Gainesville Regional Utilities v. Jacob T. Rodgers

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68042992

Published

4 immunity in section 768.28, Florida Statutes (2015), is specific and does

Douglas H. Harrison, Laura Raybin-Miller, and South Broward Hospital District d/b/a Memorial Healthcare System v. Kimarie Stratos

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 68003674

Published

for summary judgment claiming immunity under section 768.28(9)(a), Florida Statutes (2018). In case number

Douglas A. Harrison v. Kimrie Stratos

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 68003675

Published

for summary judgment claiming immunity under section 768.28(9)(a), Florida Statutes (2018). In case number

Tyler Land v. Sheriff of Jackson County Florida

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 2023 | Docket: 67561738

Published

Argued: Sep 21, 2023

state- agent immunity. See FLA. STAT. § 768.28(9)(a). Florida law shields an officer

ROBERT STANLEY JOHNSTON vs KIMBERLY FISCHER

District Court of Appeal of Florida | Filed: Aug 25, 2023 | Docket: 68034294

Published

denying “a claim of individual immunity under section 768.28(9)(a), Florida Statutes, [should] await the

HNTB CORPORATION v. CAITLIN MILSTEAD, etc.

District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 63560785

Published

HNTB moved for summary judgment pursuant to section 768.28(10)(e), Florida Statutes. 1 HNTB argued that

CITY OF WINTER PARK vs ROSEMARY VEIGLE

District Court of Appeal of Florida | Filed: Jun 30, 2023 | Docket: 68034467

Published

disregard of human rights, safety, or property. § 768.28(9)(a), Fla. Stat (2019). Therefore, “[i]n

SEMINOLE TRIBE OF FLORIDA v. NICOLAS A. MANZINI

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 67482074

Published

the plaintiff “did not prove compliance with section 768.28, which requires plaintiffs in negligence suits

CITY OF MIAMI v. LYN M. ROBINSON

District Court of Appeal of Florida | Filed: May 31, 2023 | Docket: 67454247

Published

and asserted sovereign immunity pursuant to section 768.28, Florida Statutes. Robinson propounded discovery

JOYCE BULLEN GAY and ADENA TESTA v. JUPITER ISLAND COMPOUND, LLC and DOLPHIN SUITE, LLC

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 66757256

Published

but alternatively based on immunity under section 768.28(9)(a), Florida Statutes (2020). See Fla. R

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 63369318

Published

or hereafter originating.” In section 768.28, Florida Statutes (1981), the legislature has

JOYCE BULLEN GAY and ADENA TESTA v. JUPITER ISLAND COMPOUND, LLC and DOLPHIN SUITE, LLC

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757256

Published

but alternatively based on immunity under section 768.28(9)(a), Florida Statutes (2020). See Fla. R

Nicole "Nikki" Fried, etc. v. State of Florida & City of Weston, Florida v. State of Florida

Supreme Court of Florida | Filed: Jan 19, 2023 | Docket: 66741677

Published

legislators found in section 768.28(9)(a), Florida Statutes, applies in this case. See § 768.28(9)(a), Fla. Stat

In Re: Amendments to Florida Rules of Civil Procedure 1.070 and 1.650

Supreme Court of Florida | Filed: Jan 19, 2023 | Docket: 66741678

Published

initiate litigation if the claim is controlled by section 768.28(6)(a), Florida Statutes.

IVETTE PEREZ v. MARGLLI GALLEGO

District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713631

Published

and Luffi asserted immunity from suit under section 768.28(9)(a), Florida Statutes. Immunity must be determined

Michael Baxter v. Louis Roberts, III

Court of Appeals for the Eleventh Circuit | Filed: Nov 30, 2022 | Docket: 66574940

Published

rights, safety, or property. Fla. Stat. § 768.28(9)(a) (emphasis added). That is, an officer in

UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. VALERIEMARIE MOORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

District Court of Appeal of Florida | Filed: Sep 30, 2022 | Docket: 65389062

Published

shield it from litigation. In section 768.28, Florida Statutes (1981), the legislature

Trellus Richmond v. Mario J. Badia

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2022 | Docket: 64909359

Published

human rights, safety, or prop- erty.” Fla. Stat. § 768.28(9)(a). See Keck v. Eminisor, 104 So. 3d 359, USCA11

Trellus Richmond v. Mario J. Badia

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2022 | Docket: 64909359

Published

human rights, safety, or prop- erty.” Fla. Stat. § 768.28(9)(a). See Keck v. Eminisor, 104 So. 3d 359, USCA11

Marie Butler v. Bob Gualtieri

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2022 | Docket: 64346605

Published

rights, safety, or property. FLA. STAT. § 768.28(9)(a). Inasmuch as Sheriff Gualtieri can escape

Aaron Coleman v. John Riccardo

Court of Appeals for the Eleventh Circuit | Filed: Jul 22, 2022 | Docket: 63891273

Published

sov- ereign immunity statute, Florida Statute § 768.28(9)(a). The offic- ers contend that the district

Jacquelyn Johnston v. Gary S. Borders

Court of Appeals for the Eleventh Circuit | Filed: Jun 9, 2022 | Docket: 63373764

Published

firm throughout the litigation. 6 See Fla. Stat. § 768.28(9)(a). The Sheriff’s motion stood silent as to

KELLIANNE NASO, as Personal Representative of the ESTATE OF ALLAN DWOSKIN v. RONALD HALL, G4S SECURE SOLUTIONS (USA) INC.

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285687

Published

grounds of absolute sovereign immunity under section 768.28(9), Florida Statutes. We find, based on Lovelace

CRAIG SIMMONS v. PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285669

Published

mandatory conditions precedent set forth in section 768.28(6) and the three-year time period for compliance

LEE MEMORIAL HEALTH SYSTEM, etc. v. IGNACIO MARTINEZ, etc.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180093

Published

actions when it amended section 768.28 in the 1980s. We disagree. Section 768.28(1), Florida Statutes

BROWARD COUNTY v. CHRISTINA MANARITE

District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646388

Published

entitling the county to sovereign immunity. Section 768.28, Florida Statutes (2018), partially waives

CITY OF SWEETWATER v. RICHARD PICHARDO

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574108

Published

limited waiver of sovereign immunity under section 768.28, Florida Statutes. The City timely appealed

SARASOTA COUNTY v. VENICE HMA, LLC, D/B/A VENICE REGIONAL MEDICAL CENTER AND SARASOTA DOCTORS HOSPITAL, INC.

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496859

Published

based on a claim of individual immunity under section 768.28(9)(a), Florida Statutes (2005). Because such

ALFRED RHINER v. TAKASHI KOYAMA, DMD

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368611

Published

pre-suit notice to the defendant (albeit, under section 768.28, Florida Statutes). Id. The defendant filed

DOUGLAS A. HARRISON and LAURA RAYBIN MILLER v. KIMARIE STRATOS

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108422

Published

they are entitled to statutory immunity under section 768.28(9)(a), Florida Statutes (2019). The statute

MARGATE COMMUNITY REDEVELOPMENT AGENCY and CITY OF MARGATE v. NEW URBAN COMMUNITIES, LLC

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860108

Published

(recognizing that the waiver of sovereign immunity in section 768.28, Florida Statutes, does not extend to “discretionary

COMMISSIONER JOE CAROLLO v. PLATINUM ADVISORS, LLC

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241570

Published

comments he made at that meeting. B. Section 768.28(9)(a) of the Florida Statutes Our inquiry

In Re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Oct 29, 2020 | Docket: 18584684

Published

a party is not entitled to immunity under section 768.28(9), Florida Statutes;

LEE MEMORIAL HEALTH SYSTEM v. CHASE HILDERBRAND

District Court of Appeal of Florida | Filed: Sep 25, 2020 | Docket: 18474722

Published

expressly waiving sovereign immunity. See, e.g., § 768.28(1), Fla. Stat. (2014) ("[T]he state, for

Michael Barnett, etc. v. State of Florida, Department of Financial Services

Supreme Court of Florida | Filed: Sep 24, 2020 | Docket: 18469785

Published

ON THE WAIVER OF SOVEREIGN IMMUNITY IN SECTION 768.28(5), FLORIDA STATUTES, CAP THE LIABILITY

Frederic Guttenberg, etc. v. The School Board of Broward County

Supreme Court of Florida | Filed: Sep 24, 2020 | Docket: 18469787

Published

sovereign immunity damage caps set forth in section 768.28(5), Florida Statutes (2010), “the mass shooting

ANDREW MEDINA v. ANDREW POLLACK

District Court of Appeal of Florida | Filed: Jul 1, 2020 | Docket: 17314113

Published

claims that he is entitled to immunity under section 768.28(9), Florida Statutes (2018), because his actions

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Apr 16, 2020 | Docket: 17073632

Published

1. Except when suit is brought pursuant to section 768.28, Florida Statutes, if the State of Florida

Seana Barnett v. Sara MacArthur

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2020 | Docket: 17069963

Published

requires a showing of malice, is barred by Fla. Stat. § 768.28(9)(a). See Weiland v. Palm Beach Cty. Sheriff’s

SCOT PETERSON v. ANDREW POLLACK

District Court of Appeal of Florida | Filed: Feb 12, 2020 | Docket: 16834856

Published

he is immune from suit and liability under section 768.28(9)(a), Florida Statutes (2018), which provides

In Re: Amendments to Florida Rule of Appellate Procedure 9.130

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761633

Published

under federal law, and denying immunity under section 768.28(9), Florida Statutes. See Fla. R. Jud. Admin

Florida Highway Patrol, etc. v. Lashonta Renea Jackson, etc.

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761635

Published

arising under federal law; immunity under section 768.28(9), Florida Statutes; and sovereign immunity

Christopher Sanchez v. Miami-Dade County

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761665

Published

notwithstanding the legislative waiver present in section 768.28, Florida Statutes. Under traditional

SCOT PETERSON v. ANDREW POLLACK

District Court of Appeal of Florida | Filed: Dec 18, 2019 | Docket: 16601132

Published

he is immune from suit and liability under section 768.28(9)(a), Florida Statutes (2018), which provides

FLORIDA POWER & LIGHT COMPANY v. REHABILITATION CENTER AT HOLLYWOOD HILLS, LLC

District Court of Appeal of Florida | Filed: Dec 11, 2019 | Docket: 16571838

Published

App. P. 9.130(a)(3)(C)(x) (“immunity under section 768.28(9) [individual immunity for government agents

GARY W. JOINER, SUCCESSOR TO MIKE WELLS v. PINELLAS COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243974

Published

waived sovereign immunity in the area of torts, § 768.28, Fla. Stat. (2014), but has not directly spoken

CITY OF FORT LAUDERDALE v. WALTER HINTON

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960212

Published

subject to the limitations for tort liability in section 768.28(5), Florida Statutes. The court concluded that

David L. Ross v. City of Jacksonville

274 So. 3d 1180

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762814

Published

arguing that the city was immune from suit under section 768.28(9)(d)(1), Florida Statutes. That statute provides

GARY W. JOINER, SUCCESSOR TO MIKE WELLS v. PINELLAS COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 15048697

Published

waived sovereign immunity in the area of torts, § 768.28, Fla. Stat. (2014), but has not directly spoken

Cousins v. Post-Newsweek Stations Florida

275 So. 3d 674

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560220

Published

Cousins “neither ple[d] he complied with 3 Section 768.28(6), Florida Statutes (2007), sets forth a notice

Johanna Beanblossom v. Bay District Schools, Bay County, Florida

265 So. 3d 657

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 8494328

Published

Count II that Beanblossom failed to comply with section 768.28(6)(a), Florida Statutes, which requires notice

Department of Financial Services v. Barnett

268 So. 3d 758

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64711759

Published

in the instant case, we narrowly construed section 768.28(5), Florida Statutes (2010), to limit the sovereign

Department of Financial Services v. Barnett

268 So. 3d 758

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 64711760

Published

in the instant case, we narrowly construed section 768.28(5), Florida Statutes (2010), to limit the sovereign

DEPT. OF FINANCIAL SERVICES v. MICHAEL BARNETT

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485205

Published

in the instant case, we narrowly construed section 768.28(5), Florida Statutes (2010), to limit the sovereign

Cruz v. Green

352 F. Supp. 3d 1213

District Court, S.D. Florida | Filed: Jan 7, 2019 | Docket: 64322085

Published

malicious purpose." Motion at 12-13; Fla. Stat. § 768.28(9)(a) (precluding personal liability in tort for

ANDY STRICKLAND v. BOARD OF COMMISSIONERS OF PINELLAS COUNTY, FLORIDA

261 So. 3d 700

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395124

Published

May 26, 2017, which stated that pursuant to section 768.28, Florida Statutes, Strickland "gives notice

Oniasse v. Hernandez

352 F. Supp. 3d 1186

District Court, M.D. Florida | Filed: Dec 3, 2018 | Docket: 64322083

Published

527 (Fla. 2d DCA 1997) (first citing Fla. Stat. § 768.28(9)(a) ; and then citing Dep't. of Educ. v. Roe

Dept. of Children and Families v. Feliciano

259 So. 3d 957

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338747

Published

based on a claim of sovereign immunity under section 768.28(9)(a), Florida Statutes (2005), the Florida

State v. Barnett

262 So. 3d 750

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 64702040

Published

this case is one of first impression involving section 768.28(5), Florida Statutes (2010), waiver of sovereign

State v. Barnett

262 So. 3d 750

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 64702039

Published

this case is one of first impression involving section 768.28(5), Florida Statutes (2010), waiver of sovereign

Waldron v. Spicher

349 F. Supp. 3d 1202

District Court, M.D. Florida | Filed: Oct 5, 2018 | Docket: 64321823

Published

entitled to sovereign immunity. Under Florida Statute § 768.28(9)(a), state officers, employees, and agents are

Villasol Community Development District v. TC 12, LLC

265 So. 3d 446

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982201

Published

statutory limitation of liability found in section 768.28, Florida Statutes (1989), waiving the State's

SOUTH FLORIDA FAIR AND PALM BEACH COUNTY EXPOSITIONS, INC v. WIDLEY JOSEPH

256 So. 3d 875

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804259

Published

G. Wade Shows, Inc. with prejudice. to Florida Statute 768.28 regarding waiver of sovereign immunity

Key v. Almase

253 So. 3d 713

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619138

Published

grounds of individual immunity pursuant to section 768.28(9)(a), Florida Statutes (2017). Because the

Bean v. University of Miami

252 So. 3d 810

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567944

Published

teaching hospital, and covered by the immunity in section 768.28, to the extent they were providing patient

City of Miami General Employees' and Sanitation Employees' Retirement Trust v. Rodriguez

246 So. 3d 567

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144558

Published

2 not entitled to immunity under section 768.28(9), Florida Statutes,” or rule 9.130(a)(3)(C)(xi)

Miami-Dade County v. Pozos

242 So. 3d 540

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061972

Published

on a claim of individual immunity under section 768.28(9)(a), Florida Statutes, await the entry

Florida Carry, Inc., and Rebekah Hargrove v. John E. Thrasher, an individual

248 So. 3d 253

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915079

Published

the waiver of sovereign immunity contained in section 768.28(9)(a), Florida Statutes. However, we agreed

CITY OF FORT LAUDERDALE v. DON NICHOLS and LOBBAN CONSTRUCTION, INC.

246 So. 3d 391

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375022

Published

limited waiver of sovereign immunity in tort. See § 768.28, Fla. Stat. (2017). Thus, the court correctly

Sanchez v. State

245 So. 3d 933

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6374994

Published

sovereign immunity under Florida Statutes section 768.28(9). The trial court in the Pozos case denied

Citizens Property Ins. Corp. v. Calonge

246 So. 3d 447

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366308

Published

based on a claim of sovereign immunity under section 768.28(9)(a), Florida Statutes (2005), the Florida

Citizens Property Ins. Corp. v. Calonge

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6374239

Published

based on a claim of sovereign immunity under section 768.28(9)(a), Florida Statutes (2005), the Florida

Florida Fish and Wildlife Conservation Comm. v. William Daws, Jr. and Ouida Gershon

District Court of Appeal of Florida | Filed: Apr 10, 2018 | Docket: 6359024

Published

originating”). Pursuant to its enactment of section 768.28, Florida Statutes, the Legislature has explicitly

Florida Highway Patrol, a division etc. v. Lashonta Renea Jackson, as Per. Rep. etc.

238 So. 3d 430

District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314179

Published

analyzed the individual immunity protections of section 768.28(9)(a), Florida Statutes, and 2 The first

Sun 'N Lake of Sebring Improvement Dist. v. Ayala

247 So. 3d 572

District Court of Appeal of Florida | Filed: Jan 5, 2018 | Docket: 64682304

Published

subject to the waiver of sovereign immunity in section 768.28, Florida Statutes ; they are statutory claims

Sun 'N Lake of Sebring Improvement Dist. v. Ayala

247 So. 3d 572

District Court of Appeal of Florida | Filed: Jan 5, 2018 | Docket: 64682304

Published

subject to the waiver of sovereign immunity in section 768.28, Florida Statutes ; they are statutory claims

City of Homestead v. McDonough

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183871

Published

subject to production pursuant to Chapter 119 or section 768.28 (16)(b), Florida Statutes (2015). In

Rogers v. Jones

227 So. 3d 759, 2017 WL 4449511

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 60278058

Published

the four-year statute of limitations under section 768.28(14), Florida Statutes (2011), governs actions

Jerry Layne Rogers, Sr. v. Julie L. Jones, Secretary, etc.

District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6165240

Published

the four-year statute of limitations under section 768.28(14), Florida Statutes (2011), governs actions

Halveland v. Florida Department of Corrections

219 So. 3d 1037, 2017 Fla. App. LEXIS 9305

District Court of Appeal of Florida | Filed: Jun 27, 2017 | Docket: 60266350

Published

section 95.11(5)(g) applied, as opposed to section 768.28(14)), Florida Statutes. Our decision was recently

Grossman Roth, P.A. v. Mellen

221 So. 3d 683, 2017 WL 2665078, 2017 Fla. App. LEXIS 8964

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60268343

Published

occurrence under section 768.28(5), Florida Statutes (2008).1 However, section 768.28(5) permits a claimant

North Broward Hospital District, etc. v. Susan Kalitan

219 So. 3d 49, 42 Fla. L. Weekly Supp. 642, 2017 WL 2481225, 2017 Fla. LEXIS 1277, 2017 Fla. App. LEXIS 8449

Supreme Court of Florida | Filed: Jun 8, 2017 | Docket: 6070831

Published

of the hospital’s status as a sovereign entity. § 768.28, Fla. Stat. (2007). Kalitan, 174 So.3d at 405-07

Rios v. Miami's Garage, Inc.

217 So. 3d 232, 2017 WL 1496261, 2017 Fla. App. LEXIS 5764

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784737

Published

a party is not entitled to immunity under section 768.28(9), Florida Statutes; or (xi) that,

Hillsborough County v. Star Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 2017 | Docket: 4582517

Published

of sovereign immunity set forth in Fla. Stat. § 768.28(5) and the language of the self-insured retention

Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State of Florida

209 So. 3d 1181, 42 Fla. L. Weekly Supp. 92, 2017 Fla. LEXIS 234

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577411

Published

great public importance: AFTER THE ENACTMENT OF SECTION 768.28, FLORIDA STATUTES, AND THE ADOPTION OF FLORIDA

Nettleman v. Florida Atlantic University Board of Trustees

228 F. Supp. 3d 1303, 2017 WL 76958, 2017 U.S. Dist. LEXIS 2255

District Court, S.D. Florida | Filed: Jan 6, 2017 | Docket: 64312187

Published

delimiting the scope of sovereign immunity. Fla. Stat. § 768.28(2). Meanwhile, the Eleventh Amendment grants immunity

Davis v. Baez

208 So. 3d 747, 2016 Fla. App. LEXIS 16671

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486861

Published

defenses, including sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes. Thereafter, Baez moved

G4S Secure Solutions (USA), Inc. v. Morrow

210 So. 3d 92, 2016 Fla. App. LEXIS 13263

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418856

Published

judgment based on limited sovereign immunity under section 768.28, Florida Statutes (2012). In this *94

Christopher Parker v. City Of Apopka

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2016 | Docket: 4418272

Published

involving individual immunity under Fla. Stat. § 768.28). Keck is instructive. Keck held that individual

Harris v. DeBellis

658 F. App'x 940

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 2016 | Docket: 65962709

Published

therefore not entitled to sovereign immunity under Section 768.28(9)(a), Florida Statutes. After review,2 we

Ricky McAlpin and Anna McAlpin v. Louis Roberts, III, in his official capacity etc.

195 So. 3d 1197, 2016 Fla. App. LEXIS 11115, 2016 WL 3919055

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4113584

Published

to comply with the pre-suit requirements of section 768.28, Florida Statutes, (2) the complaint failed

Taival v. Barrett

204 So. 3d 486, 2016 Fla. App. LEXIS 10860

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4115970

Published

the issue of sovereign immunity. See § 768.28(9), Fla. Stat. (2012). Dr. Taival asserts that

Piedra v. City of North Bay Village

193 So. 3d 48, 2016 Fla. App. LEXIS 6734, 2016 WL 2339857

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 60294161

Published

notwithstanding the legislative waiver present in section 768.28, Florida Statutes. Thus, “[i]f no duty of care

Piedra v. City of North Bay Village

193 So. 3d 48

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060612

Published

notwithstanding the legislative waiver present in section 768.28, Florida Statutes. Thus, “[i]f no duty of

Edwards v. Rosen

189 So. 3d 177, 2016 Fla. App. LEXIS 1181, 2016 WL 358937

District Court of Appeal of Florida | Filed: Jan 29, 2016 | Docket: 3032378

Published

were employed by Lee Memorial Health Systems. See § 768.28(9)(a), Fla. Stat. (2007). . Fabre v. Marin,

Michael E. Sill a/k/a Michael Sill v. JPMorgan Chase Bank, National Association

182 So. 3d 851, 2016 Fla. App. LEXIS 185, 2016 WL 67256

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026040

Published

exiting a sheriffs van at the county jail. Under section 768.28(6)(a), Florida Statutes, he was required to

Robert A. Douglas, Victor Neal v. Chapelle A. Bronson

District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 3017312

Published

party is not entitled to either immunity under section 768.28(9), Florida Statutes, or sovereign immunity

The City of Fort Lauderdale v. Scott Israel, in his Official Capacity as Sheriff of Broward County

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919774

Published

immunity in tort through section 768.28, Florida Statutes (2015). Section 768.28(1) provides for the waiver

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State

190 So. 3d 120, 2015 Fla. App. LEXIS 13808, 40 Fla. L. Weekly Fed. D 2148

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 60254825

Published

Florida Supreme Court: AFTER THE ENACTMENT OF SECTION 768.28, FLORIDA STATUTES, AND THE ADOPTION OF FLORIDA

Searcy Denney Scarola Barnhart & Shipley, P.A., Mark Edwards and Mitzi Dee Roden, as parents and natural guardians of Aaron Edwards, a minor William S. Frates, II, P.A. Edna L. Caruso, P.A. Vaka Law Group, P.L. and Grossman & Roth, P.A. v. State of Florida

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808045

Published

Supreme Court: AFTER THE ENACTMENT OF SECTION 768.28, FLORIDA STATUTES, AND THE ADOPTION OF

Green v. Cottrell

172 So. 3d 1009, 2015 Fla. App. LEXIS 13129, 2015 WL 5164938

District Court of Appeal of Florida | Filed: Sep 3, 2015 | Docket: 60250002

Published

statute of limitations period set forth in section 768.28(14), Florida Statutes, applied to a prisoner’s

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State

194 So. 3d 349, 2015 Fla. App. LEXIS 10778, 2015 WL 4269031

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 60255801

Published

the sovereign immunity damage limitations in section 768.28(5), Florida Statutes (2007), entered a judgment

Searcy Denney Scarola Barnhart & Shipley, P.A. Mark Edwards and Mitzi Dee Roden, as parents and natural guardians of Aaron Edwards, a minor William S. Frates, II, P.A. Edna L. Caruso, P.A. Vaka Law Group, P.L. and Grossman & Roth, P.A. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679189

Published

the sovereign immunity damage limitations in section 768.28(5), Florida Statutes (2007), entered a judgment

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Court of Appeals for the Eleventh Circuit | Filed: Jul 8, 2015 | Docket: 2900012

Published

Florida courts have long recognized that Fla. Stat. § 768.28(9)(a) — which provides that the State and its

North Broward Hospital District d/b/a Broward General Medical Center Barry University, Inc. Eleidy Miedes, SRNA Rob Alexander, M.D. Anesco North Broward, LLC and Edward Punzalan, CRNA v. Susan Kalitan

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679211

Published

of the hospital’s status as a sovereign entity. § 768.28, Fla. Stat. (2007). The instant appeals followed

Anna Maria Curcio v. State of Florida Department etc.

164 So. 3d 750

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659818

Published

subject to the waiver of sovereign immunity in section 768.28, Florida St'at-utes; they are statutory claims

Rivers v. Florida Department of Corrections

151 So. 3d 560, 2014 Fla. App. LEXIS 20237, 2014 WL 6997149

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 60244507

Published

employees because they were immune from suit under section 768.28(9)(a), Florida Statutes. However, appellee

Joseph L. Rivers v. Florida Department of Corrections

District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614596

Published

employees because they were immune from suit under section 768.28(9)(a), Florida Statutes. However, appellee

In Re AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130

151 So. 3d 1217, 39 Fla. L. Weekly Supp. 675, 2014 Fla. LEXIS 3323, 2014 WL 5856302

Supreme Court of Florida | Filed: Nov 13, 2014 | Docket: 2597256

Published

individual defendant who claims immunity under [section] 768.28(9)(a)[, Florida Statutes,] is denied that immunity

Barnes v. District Board of Trustees

147 So. 3d 102, 2014 WL 3906856, 2014 Fla. App. LEXIS 12388

District Court of Appeal of Florida | Filed: Aug 12, 2014 | Docket: 60243052

Published

the Florida Constitution, as implemented via section 768.28, Florida Statutes, and (b) section 373.443

Harder v. Hunter

572 F. App'x 904

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 2014 | Docket: 65957256

Published

and Fourteenth Amendments and Florida Statute § 768.28. He further contends the. district judge mistakenly

Exposito v. Public Health Trust of Miami-Dade County

141 So. 3d 663, 2014 WL 2866414, 2014 Fla. App. LEXIS 9233

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242004

Published

statutory notice to the defendants pursuant to section 768.28, Florida Statutes (2010). We reverse and vacate

State National Insurance Co. v. Robert

139 So. 3d 949, 2014 WL 2480185, 2014 Fla. App. LEXIS 8507

District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241248

Published

policy language, section *951627.4136, and section 768.28; nor is there provided an explanation of the

Allen v. Crews

136 So. 3d 758, 2014 WL 1478870, 2014 Fla. App. LEXIS 5496

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60240078

Published

such entity in her or his official capacity.” § 768.28(9)(a), Fla. Stat. (2012); Stephens v. Geoghegan

Perdido Sun Condominium Ass'n v. Citizens Property Insurance Corp.

129 So. 3d 1210, 2014 WL 258899, 2014 Fla. App. LEXIS 696

District Court of Appeal of Florida | Filed: Jan 23, 2014 | Docket: 60237335

Published

against the state and state agencies under section 768.28, Florida Statutes. See also Art. X, §13, Fla

In re Amendments to the Florida Small Claims Rules

123 So. 3d 41, 38 Fla. L. Weekly Supp. 684, 2013 WL 5355064, 2013 Fla. LEXIS 2065

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235096

Published

days prior to the filing of this Complaint. Section 768.28(6)(a), Florida Statutes. A copy of the demand

UCF Athletics Ass'n v. Plancher

121 So. 3d 1097, 2013 WL 4227292, 2013 Fla. App. LEXIS 12805

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60234319

Published

entitled to limited sovereign immunity pursuant to section 768.28(2) and (5), Florida Statutes (2011). We begin

Calhoun v. Nienhuis

110 So. 3d 24, 2013 WL 645348, 2013 Fla. App. LEXIS 2949

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60230260

Published

of the waiver-of-sovereign-immunity statute, section 768.28, Florida Statutes (2010). The Sheriff moved

City of Miami v. Guzman

111 So. 3d 187, 2013 WL 238229, 2013 Fla. App. LEXIS 944

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60230740

Published

received a $479,962.00 jury award. Pursuant to section 768.28(5), Florida Statutes (2010), the maximum damages

Bustetter v. Armor Correctional Health Services, Inc.

919 F. Supp. 2d 1282, 2013 WL 247106, 2013 U.S. Dist. LEXIS 9002

District Court, M.D. Florida | Filed: Jan 23, 2013 | Docket: 65988295

Published

notice requirements imposed by Florida Statute § 768.28(6)(a), which is a prerequisite to instituting

Vasquez v. City of Miami Beach

895 F. Supp. 2d 1275, 2012 U.S. Dist. LEXIS 144877, 2012 WL 4646230

District Court, S.D. Florida | Filed: Oct 3, 2012 | Docket: 65985266

Published

sovereign immunity protection. Florida Statute section 768.28(9)(a) provides that “[t]he state or its subdivisions

Vasconez v. Hansell

871 F. Supp. 2d 1339, 2012 U.S. Dist. LEXIS 64244, 2012 WL 1631686

District Court, M.D. Florida | Filed: May 8, 2012 | Docket: 65982569

Published

human rights, safety, or property.” Fla. Stat. § 768.28(9)(a). Thus, the state law official capacity claims

Major v. Heller

80 So. 3d 442, 2012 WL 555430, 2012 Fla. App. LEXIS 2667

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305710

Published

of immunity as an agent of the state under section 768.28(9)(a) & 10(e), without implicating the discretionary

Public Health Trust of Miami-Dade County v. Rolle

88 So. 3d 191, 2011 Fla. App. LEXIS 15287, 2011 WL 4467382

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60308180

Published

argues it is sovereignly immune from suit under section 768.28(5) of the Florida Statutes (2004), because

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265, 2011 U.S. Dist. LEXIS 105255, 2011 WL 4352386

District Court, S.D. Florida | Filed: Sep 16, 2011 | Docket: 1748148

Published

all are subject to the conditions of Fla. Stat. § 768.28, which represents Florida's limited waiver of

TBE Group, Inc. v. Banerjee

82 So. 3d 1024, 2011 Fla. App. LEXIS 12973, 2011 WL 3586189

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60306028

Published

denied claims of sovereign immunity, pursuant to section 768.28, Florida Statutes. See Dep’t of Educ. v. Roe

Meininger v. Florida Pediatric Associates, LLC (In Re Johnson)

453 B.R. 433, 23 Fla. L. Weekly Fed. B 115, 2011 Bankr. LEXIS 2636, 2011 WL 2784157

United States Bankruptcy Court, M.D. Florida | Filed: Jul 13, 2011 | Docket: 2057096

Published

No. 22 at 1), which erroneously referred to section 768.28, Florida Statutes. [2] §§ 559.55-.785, Fla

Public Health Trust of Miami-Dade County v. Acanda

71 So. 3d 782, 36 Fla. L. Weekly Supp. 289, 2011 Fla. LEXIS 1423, 2011 WL 2473007

Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 60303157

Published

Financial Services (DFS) in compliance with section 768.28(7), Florida Statutes.1 Public Health Trust

Casey v. City of Miami Beach

789 F. Supp. 2d 1318, 2011 U.S. Dist. LEXIS 63693, 2011 WL 2259087

District Court, S.D. Florida | Filed: Jun 7, 2011 | Docket: 2011879

Published

battery. Specifically, the City argues that section 768.28(9)(a) of the Florida Statutes precludes the

Gomez v. Lozano

759 F. Supp. 2d 1335, 2011 WL 43575

District Court, S.D. Florida | Filed: Jan 21, 2011 | Docket: 2335852

Published

human rights, safety, or property." FLA. STAT. § 768.28 (2010). To state a cause of action for malicious

Keck v. Eminisor

46 So. 3d 1065, 2010 Fla. App. LEXIS 16373, 2010 WL 4157227

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 2396463

Published

he is entitled to as a matter of law under section 768.28(9)(a), Florida Statutes (2005). As detailed

Hunt v. Corrections Corp. of America

38 So. 3d 173, 2010 Fla. App. LEXIS 6661, 2010 WL 1930125

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1659002

Published

immune from personal liability for torts under section 768.28(9)(a), Florida Statutes, which requires that

Estate of Smith v. Florida Department of Children & Families

34 So. 3d 181, 2010 Fla. App. LEXIS 6225, 2010 WL 1792681

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1641408

Published

Mr. Smith's safety, conduct for which, under section 768.28(9)(a), Florida Statutes, the state has not

Public Health Trust of Miami-Dade County v. Acanda

23 So. 3d 1200, 2009 Fla. App. LEXIS 12970, 2009 WL 2762665

District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 60281960

Published

was mandated to comply with the provision of section 768.28(7), Florida Statutes (2005),6 which states

M.S. ex rel. Soltys v. Seminole County School Board

636 F. Supp. 2d 1317, 2009 U.S. Dist. LEXIS 59082

District Court, M.D. Florida | Filed: Jul 10, 2009 | Docket: 65980671

Published

that she has immunity from suit pursuant to section 768.28(9), Florida Statutes, stating that Plaintiff

Spechler v. Tobin

591 F. Supp. 2d 1350, 2008 U.S. Dist. LEXIS 103693, 2008 WL 5191101

District Court, S.D. Florida | Filed: Dec 10, 2008 | Docket: 2023841

Published

the officer, employee, or agent is an employee. § 768.28(9)(a), Fla. Stat. (2007). This waiver of sovereign

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group

987 So. 2d 741, 2008 Fla. App. LEXIS 10296, 2008 WL 2668801

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 64855292

Published

reasoned that neither the “common fund rule” nor section 768.28 applied because no wrongful death action had

Routon v. PBS & J CONSTRUCTION SERVICES, INC.

971 So. 2d 252, 2008 WL 53617

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 2578133

Published

entitled to sovereign immunity pursuant to section 768.28, Florida Statutes (2001, 2003). After a thorough

Ago

Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3258907

Published

question: Is a "Notice of Claim" made under section 768.28(6), Florida Statutes, confidential and exempt

University of Florida Board of Trustees v. Andrew

961 So. 2d 375, 2007 Fla. App. LEXIS 11680, 2007 WL 2174902

District Court of Appeal of Florida | Filed: Jul 31, 2007 | Docket: 64851532

Published

venue in Columbia County is inappropriate under section 768.28(1), Florida Statutes (2005). The trial court

UNIV. OF FLA. BD. OF TRUSTEES v. Morris

975 So. 2d 493

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 1726947

Published

" UFBOT moved for a change of venue, citing section 768.28(1), Florida Statutes (2006), which provides

University of Florida Board of Trustees v. Morris

975 So. 2d 493, 2007 Fla. App. LEXIS 11512

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 64853952

Published

” UFBOT moved for a change of venue, citing section 768.28(1), Florida Statutes (2006), which provides

Smith v. Rankin

950 So. 2d 1278, 2007 Fla. App. LEXIS 4138, 2007 WL 837296

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 64849661

Published

malpractice. Dr. Smith sought immunity under section 768.28(9)(a), Florida Statutes (1999). The statute

Garcia ex rel. Garcia v. City of Hollywood

948 So. 2d 1000, 2007 Fla. App. LEXIS 2410, 2007 WL 518420

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 64849172

Published

liability. The statute at issue in this case is section 768.28(1), Florida Statutes (2004), which provides:

Davis v. Miami-Dade County Board of County Commissioners

469 F. Supp. 2d 1190, 2006 WL 3832809

District Court, S.D. Florida | Filed: Oct 24, 2006 | Docket: 2364230

Published

because Plaintiff failed to comply with Fla. Stat. § 768.28 (waiver of sovereign immunity in tort actions

Shands Teaching Hospital & Clinics, Inc. v. Sidky

936 So. 2d 715, 2006 Fla. App. LEXIS 13643

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 64846327

Published

venue privilege set forth in Florida Statutes section 768.28(1), we reverse. Kim Ambry, as the Personal

Ago

Florida Attorney General Reports | Filed: Aug 3, 2006 | Docket: 3255138

Published

sovereign immunity under the provisions of section 768.28, Florida Statutes? In accordance with section

Ago

Florida Attorney General Reports | Filed: Apr 25, 2006 | Docket: 3255925

Published

the CCRC could be determined. For example, section 768.28(2), Florida Statutes, in defining state agencies

Raffone v. Fort Lauderdale Police Department

920 So. 2d 644, 2005 Fla. App. LEXIS 18808, 2005 WL 3180022

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64842311

Published

required under section 768.28(6)(a), Florida Statute (2001). We affirm. Section 768.28(6)(a) provides

Kelly v. Florida

233 F.R.D. 632, 2005 U.S. Dist. LEXIS 41158, 2005 WL 3199675

District Court, S.D. Florida | Filed: Sep 25, 2005 | Docket: 66026102

Published

satisfy the notice requirements under Fla. Sta. § 768.28. Motion, at 10. THE COURT has considered the Motion

Duval County School Bd. v. Kebert

909 So. 2d 438, 2005 Fla. App. LEXIS 13280, 2005 WL 2006810

District Court of Appeal of Florida | Filed: Aug 23, 2005 | Docket: 1199278

Published

liable in tort pursuant to section 234.03(1) and section 768.28, Florida Statutes (1999). *441 Kebert's entire

Bailey v. Florida Department of Corrections

904 So. 2d 649, 2005 Fla. App. LEXIS 10103, 2005 WL 1523372

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 64839086

Published

a waiver against all of them. He notes that section 768.28(10)(a), Florida Statutes, provides that health

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195, 2005 U.S. Dist. LEXIS 28261, 2005 WL 1243766

District Court, M.D. Florida | Filed: May 25, 2005 | Docket: 37844

Published

been waived in accordance with Fla. Stat. 768.28...."[54] While § 768.28 of the Florida Statutes waives

Mack v. Broward County

900 So. 2d 718, 2005 Fla. App. LEXIS 5980, 2005 WL 957071

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64837919

Published

comply with the pre-suit notice requirements of section 768.28(6). The County’s position is that plaintiffs

Ago

Florida Attorney General Reports | Filed: Apr 12, 2005 | Docket: 3258476

Published

immunity under the provisions of section 768.28, Florida Statutes? Section 768.28, Florida Statutes, in accordance

Pagan v. Sarasota County Public Hospital Board

884 So. 2d 257, 2004 Fla. App. LEXIS 11826

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833468

Published

Board is entitled to sovereign immunity under section 768.28. Because I disagree with vari*265ous aspects

M.S. v. Nova Southeastern University Inc.

881 So. 2d 614, 2004 Fla. App. LEXIS 10836

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 64832431

Published

it was entitled to sovereign immunity under section 768.28, Florida Statutes (2002), as an “agent” of

Ago

Florida Attorney General Reports | Filed: Jul 2, 2004 | Docket: 3257573

Published

discuss pending litigation, the provisions of section 768.28(16), Florida Statutes, would appear to be more

Escambia County v. Stanberry

864 So. 2d 575, 2004 Fla. App. LEXIS 867

District Court of Appeal of Florida | Filed: Feb 2, 2004 | Docket: 64827675

Published

cross-appellant regarding the applicability of section 768.28, Florida Statutes, to the claims of nuisance

Certain Interested Underwriters at Lloyd's London Subscribing to Certificate No. TPCLDP217477 v. City of St. Petersburg

864 So. 2d 1145, 2003 Fla. App. LEXIS 19781, 2003 WL 23094732

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827836

Published

her losses under Florida’s Tort Claims Act, section 768.28(9), Florida Statutes (2002), alleging negligence

Ago

Florida Attorney General Reports | Filed: Nov 3, 2003 | Docket: 3258750

Published

protected by the sovereign immunity limits of section 768.28, Florida Statutes? 2. Is the Island Manager

Floyd v. DEPARTMENT OF CHILDREN AND FAMIL.

855 So. 2d 204, 2003 WL 22142512

District Court of Appeal of Florida | Filed: Sep 18, 2003 | Docket: 2533444

Published

that it is immune from suit pursuant to either section 768.28 or section 415.511, Florida Statutes (1995)

Palm Beach County Sheriff v. State

854 So. 2d 278, 2003 Fla. App. LEXIS 13989, 2003 WL 22136052

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64824992

Published

legislature accepted this invitation by enacting [section 768.28, Florida Statutes (1979)], which permits persons

Walker v. Florida Department of Law Enforcement

845 So. 2d 339, 2003 Fla. App. LEXIS 7511, 2003 WL 21180103

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 64822865

Published

failed to comply with the notice provisions of Section 768.28(6)(a), Florida Statutes (2002), requiring proper

Ago

Florida Attorney General Reports | Filed: May 13, 2003 | Docket: 3258768

Published

state and may claim sovereign immunity under section 768.28, Florida Statutes. Such a conclusion was based

Rayburn v. Orange Park Medical Center, Inc.

842 So. 2d 985, 2003 Fla. App. LEXIS 5239, 2003 WL 1872491

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 64822190

Published

employees/agents of the Florida Board of Regents. Pursuant to § 768.28, any liability that may arise from their care/treatment

Casanova v. Department of Children & Family Services

840 So. 2d 1123, 2003 Fla. App. LEXIS 4059, 2003 WL 1524601

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 64821611

Published

Statute § 768.28” should have “alerted plaintiffs to the existence of a possible section 768.28 problem

Cole v. Department of Corrections

840 So. 2d 398, 2003 Fla. App. LEXIS 3732, 2003 WL 1239310

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821344

Published

the Department of Insurance, as required by section 768.28(7), Florida Statutes (1993), as a condition

Ago

Florida Attorney General Reports | Filed: Oct 18, 2002 | Docket: 3255777

Published

District, possess sovereign immunity pursuant to section 768.28, Florida Statutes? In sum: Indian River Memorial

State Department of Health & Rehabilitative Services v. T.R. ex rel. Shapiro

847 So. 2d 981, 2002 Fla. App. LEXIS 11593

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64823411

Published

as well as an apparent misinterpretation of section 768.28(5), Florida Statutes (2000), mandate reversal

City of Jacksonville v. Brooks

823 So. 2d 184, 2002 Fla. App. LEXIS 9913, 2002 WL 1539575

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 64816773

Published

allowable under the twenty-five percent fee cap in section 768.28(8), Florida Statutes (2000),1 by not limiting

Figueredo v. Jenne

820 So. 2d 992, 2002 Fla. App. LEXIS 8264, 2002 WL 1285058

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64816296

Published

failure to satisfy the statutory prerequisites of section 768.28(6)(a), Florida Statutes (1999), supports dismissal

Ago

Florida Attorney General Reports | Filed: Mar 27, 2002 | Docket: 3258176

Published

state's waiver of sovereign immunity contained in section 768.28(9)(a), Florida Statutes? In sum: A member of

National Railroad Passenger Corp. v. Rountree Transport & Rigging, Inc.

286 F.3d 1233, 2002 U.S. App. LEXIS 4956, 2002 WL 459731

Court of Appeals for the Eleventh Circuit | Filed: Mar 26, 2002 | Docket: 212819

Published

beyond what was authorized by Florida Statute § 768.28. 29 They also contend that the indemnity

Ago

Florida Attorney General Reports | Filed: Feb 21, 2002 | Docket: 3256133

Published

state's waiver of sovereign immunity contained in section 768.28(9)(a), Florida Statutes? In sum: A member of

Ago

Florida Attorney General Reports | Filed: Dec 19, 2001 | Docket: 3257408

Published

purposes of tort liability are governed by section 768.28, Florida Statutes.6 The school readiness program

Ryan v. Roy

801 So. 2d 203, 2001 WL 1538965

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1495126

Published

struck in the ankle by one of the bullets. Under section 768.28(9)(a), Florida Statutes (1999), employees of

Nelson v. City of Panama City, Florida

176 F. Supp. 2d 1288, 2001 U.S. Dist. LEXIS 20252, 2001 WL 1580140

District Court, N.D. Florida | Filed: Dec 3, 2001 | Docket: 2341917

Published

disregard of human rights, safety, or property." § 768.28(9)(a), Fla. Stat. Plaintiffs appear to concede

Wells v. Florida Department of Corrections

801 So. 2d 970, 2001 Fla. App. LEXIS 17043, 2001 WL 1530912

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 64810806

Published

notice of claim requirement provided for in section 768.28, Florida Statutes (1993), that Theo-bie Wells

Pamela Lewis v. City of St. Petersburg

260 F.3d 1260

Court of Appeals for the Eleventh Circuit | Filed: Aug 6, 2001 | Docket: 397067

Published

with the general laws of this state.”1 Fla. Stat. § 768.28(1). At the same time, even if the claim contained

Mason v. Highlands County Board of County Commissioners

788 So. 2d 1122, 2001 Fla. App. LEXIS 9207, 2001 WL 753848

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 64806562

Published

failure to comply with the notice requirements of section 768.28(6), Florida Statutes (1997). Although the trial

Sellers v. Miami-Dade County School Board

788 So. 2d 1086, 2001 Fla. App. LEXIS 8057, 2001 WL 649166

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806551

Published

the notice of claim requirement contained in section 768.28(6), Florida Statutes (1996). Kenneth Sellers

State v. Dieterle

786 So. 2d 1244, 2001 Fla. App. LEXIS 8067, 2001 WL 649548

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64805966

Published

damages or interest for the period before judgment.” § 768.28(5), Fla. Stat. (2000) (emphasis added). “Unlike

Kurein v. Agency for Health Care Administration

783 So. 2d 341, 2001 Fla. App. LEXIS 5964, 2001 WL 435076

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64804983

Published

000, its sovereign immunity damages cap under section 768.28, Florida Statutes. The Agency, the state agency

Swope v. Krischer

783 So. 2d 1164, 2001 WL 388439

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1675883

Published

purpose, as is alleged in this complaint. See § 768.28(9)(a), Fla.Stat. (1999); City of Fort Lauderdale

Reddie v. Metropolitan Dade County

826 So. 2d 1019, 2001 Fla. App. LEXIS 4255, 2001 WL 321085

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64817711

Published

failed to comply with the notice requirements of section 768.28(6)(a), Florida Statutes (1993), by having filed

Johnson v. Sackett

793 So. 2d 20, 2001 WL 293233

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1677950

Published

state tort claims involving these actions. See § 768.28, Fla. Stat. (1987). On the other hand, Ms. Johnson

Ago

Florida Attorney General Reports | Filed: Mar 28, 2001 | Docket: 3257037

Published

subsection." (e.s.) The Legislature, by enacting section 768.28, Florida Statutes, has waived the State's immunity

City of Pompano Beach v. Stefanko

791 So. 2d 1120, 2000 Fla. App. LEXIS 15945, 2000 WL 1781575

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64807566

Published

contravention of Florida Statutes section 768.28(5)(1999). Section 768.28(5) provides, in pertinent part:

Diaz v. Florida Highway Patrol

775 So. 2d 389, 2000 Fla. App. LEXIS 15428, 2000 WL 1745041

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802953

Published

that a fair reading of FCRA, together with section 768.28, Florida Statutes (1999) which is cross-referenced

San Miguel v. Metropolitan Dade County

777 So. 2d 420, 2000 Fla. App. LEXIS 13216, 2000 WL 1504961

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64803504

Published

the Department of Insurance as required by section 768.28(6), Florida Statutes (1995), we affirm the

Sandford v. Manatee County

769 So. 2d 1084, 2000 Fla. App. LEXIS 11863, 2000 WL 1344263

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64801203

Published

three-year notice requirement contained in section 768.28(6)(a) and their failure to commence their negligence

Ago

Florida Attorney General Reports | Filed: Sep 11, 2000 | Docket: 3257361

Published

subject to the sovereign immunity limitations of section 768.28, Florida Statutes? In sum: The Barefoot Bay

Brown v. Moore

765 So. 2d 749, 2000 Fla. App. LEXIS 6401, 2000 WL 679741

District Court of Appeal of Florida | Filed: May 26, 2000 | Docket: 64799856

Published

complaint seeking damages from Appellee pursuant to section 768.28, Florida Statutes (1995), for failure to state

Ago

Florida Attorney General Reports | Filed: Apr 4, 2000 | Docket: 3256349

Published

such indemnity does not exceed the limits in section 768.28, Florida Statutes? 2. If not, may the county

Ago

Florida Attorney General Reports | Filed: Mar 23, 2000 | Docket: 3255381

Published

relates solely to the purposes identified in section 768.28(15)(c) and (d), Florida Statutes, and is attended

Ago

Florida Attorney General Reports | Filed: Jan 27, 2000 | Docket: 3256687

Published

remainder must be disclosed.6 You refer to section 768.28(15), Florida Statutes, authorizing the state

Kilpatrick v. Ogden Entertainment, Inc.

745 So. 2d 492, 1999 WL 1049345

District Court of Appeal of Florida | Filed: Nov 22, 1999 | Docket: 1689239

Published

the maximum amount of its liability under section 768.28(5), Florida Statutes. Appellant then instituted

Adlington v. Spooner

743 So. 2d 1195, 1999 Fla. App. LEXIS 14583, 1999 WL 993152

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 64791936

Published

that it was not a state agency as defined in section 768.28(2), Florida Statutes (1995). The trial court

Bony v. Public Health Trust

743 So. 2d 583, 1999 Fla. App. LEXIS 13141, 1999 WL 765939

District Court of Appeal of Florida | Filed: Sep 24, 1999 | Docket: 64791744

Published

claim under section 768.28, Florida Statutes (1997). We concur with Ms. Bony that section 768.28 has no application

Ago

Florida Attorney General Reports | Filed: Sep 17, 1999 | Docket: 3256067

Published

state Legislature."1 With the enactment of section 768.28, Florida Statutes, the Legislature has created

Morhaim v. State, Department of Transportation

737 So. 2d 1234, 1999 Fla. App. LEXIS 10422, 1999 WL 564651

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64789656

Published

(“DOI”) prior to instituting suit pursuant to section 768.28(6)(a), Florida Statutes (1993). We affirm the

Snyder v. City of Delray Beach

736 So. 2d 1243, 1999 Fla. App. LEXIS 8688, 1999 WL 436821

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64789382

Published

on the theory of governmental immunity under section 768.28. I am satisfied, however, that the trial court’s

Otero v. City of Hialeah

731 So. 2d 116, 1999 Fla. App. LEXIS 5105, 1999 WL 228610

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 64787826

Published

City of Hialeah, for failure to comply with section 768.28, Florida Statutes (1997). We reverse. Contrary

Ago

Florida Attorney General Reports | Filed: Feb 12, 1999 | Docket: 3255957

Published

covered by the sovereign immunity limitations of section 768.28, Florida Statutes? In sum: 1. Workers' compensation

Ago

Florida Attorney General Reports | Filed: Feb 12, 1999 | Docket: 3256054

Published

designated as agents of the state for purposes of section 768.28, Florida Statutes, while acting within the

Ago

Florida Attorney General Reports | Filed: Feb 5, 1999 | Docket: 3257822

Published

not-for-profit, claim sovereign immunity under section 768.28, Florida Statutes? In sum: Nongovernmental

C.E. Huffman Trucking, Inc. v. Red Cedar Corp.

723 So. 2d 296, 1998 Fla. App. LEXIS 13655, 1998 WL 746056

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64785075

Published

the agency defense was legally insufficient. See § 768.28(9)(a), Fla. Stat. (1993). We also reverse the

Rubin v. State, Department of Transportation

728 So. 2d 1175, 1998 Fla. App. LEXIS 11078, 1998 WL 551999

District Court of Appeal of Florida | Filed: Sep 2, 1998 | Docket: 64787032

Published

1992. On April 11, 1995, Rubin, pursuant to section 768.28(6)(a), Florida Statutes (1991), mailed a letter

State v. Jackson

716 So. 2d 841, 1998 Fla. App. LEXIS 11042, 1998 WL 546080

District Court of Appeal of Florida | Filed: Aug 31, 1998 | Docket: 64782475

Published

for the transaction of its customary business.” § 768.28(1), Fla. Stat. (1995). On the date that appellee

Ago

Florida Attorney General Reports | Filed: Jul 31, 1998 | Docket: 3257615

Published

body of the charter school are governed by section 768.28, Florida Statutes.12 As for general powers

Arena Development Co. v. Broward County

708 So. 2d 976, 4 Wage & Hour Cas.2d (BNA) 843, 1998 Fla. App. LEXIS 2651, 1998 WL 117540

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64780023

Published

“individually in tort.” Id. at 58. After the passage of section 768.28, Florida Statutes (1995), this court applied

Tramel v. Bass

707 So. 2d 847, 1998 Fla. App. LEXIS 2239, 1998 WL 85409

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 64779699

Published

demand for judgment was made in bad faith, as section 768.28, Florida Statutes, limits liability for governmental

Collado v. Public Health Trust

705 So. 2d 140, 1998 Fla. App. LEXIS 1145, 1998 WL 51522

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 64778653

Published

Dade County, 378 So.2d 74 (Fla. 3d DCA 1979); § 768.28(1),(6)(a), Fla. Stat. (1993).

Meadows of Citrus County, Inc. v. Jones

704 So. 2d 202, 1998 Fla. App. LEXIS 153, 1998 WL 4419

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 64778265

Published

case does not present that situation. . See § 768.28, Fla. Slat.

Murphy v. Rimel

703 So. 2d 518, 1997 Fla. App. LEXIS 14357, 1998 WL 25599

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777623

Published

5th DCA 1983). As to appellee Rimel, see also section 768.28(9)(a), Florida Statutes (1995); Price v. Morgan

Glisson v. Jacksonville Transportation Authority

698 So. 2d 869, 1997 Fla. App. LEXIS 9050, 1997 WL 441902

District Court of Appeal of Florida | Filed: Aug 7, 1997 | Docket: 64775552

Published

Florida Department of Insurance pursuant to section 768.28, Florida Statutes (1995). Because the record

Smith v. State, Board of Regents ex rel. Florida A & M University

701 So. 2d 348, 1997 Fla. App. LEXIS 7203, 1997 WL 345277

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 64776723

Published

as alleged in the complaint here on review. See § 768.28(9)(a), Fla.Stat. Section 772.19 preserves sovereign

Ago

Florida Attorney General Reports | Filed: May 30, 1997 | Docket: 3256698

Published

the County under the Florida Constitution and Section 768.28, Florida Statutes."7 The agreement between

Ago

Florida Attorney General Reports | Filed: May 27, 1997 | Docket: 3258290

Published

the conduct is an operational level decision, section 768.28(9), Florida Statutes (1996 Supplement), provides

Thompson v. Department of Highway Safety & Motor Vehicles

692 So. 2d 272, 1997 Fla. App. LEXIS 4315, 1997 WL 199189

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 64772625

Published

and because it had sovereign immunity under section 768.28, Florida Statutes (1995). The trial court entered

Ago

Florida Attorney General Reports | Filed: Feb 14, 1997 | Docket: 3256091

Published

general discussion of the applicability of section 768.28, Florida Statutes, to entities created by interlocal

Carnesi v. Metropolitan Dade County

685 So. 2d 32, 1996 Fla. App. LEXIS 12795, 1996 WL 691789

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 64769880

Published

PER CURIAM. Affirmed. Section 768.28(9)(a), Florida Statutes (1989); Duyser v. School Bd. of Broward

Smith v. Vaughn

946 F. Supp. 957, 1996 U.S. Dist. LEXIS 17682, 1996 WL 685644

District Court, M.D. Florida | Filed: Nov 20, 1996 | Docket: 66008901

Published

is entitled to all of the provisions of Florida Statute 768.28 with regards to the state tort action of

Brown v. Housing Authority of the City of Orlando

680 So. 2d 620, 1996 Fla. App. LEXIS 10470, 1996 WL 581911

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64767921

Published

to dismiss that Brown had not complied with section 768.28, Florida Statutes (1993), which requires that

Ago

Florida Attorney General Reports | Filed: Sep 11, 1996 | Docket: 3258553

Published

agency or subdivision" within the scope of section 768.28, Florida Statutes (1996)? In sum: The Sebring

Pate v. Worthington

679 So. 2d 790, 1996 WL 531676

District Court of Appeal of Florida | Filed: Jun 20, 1996 | Docket: 64767448

Published

that the intent behind the 1980 amendments [to section 768.28, Florida Statutes] was to extend the veil of

Lemonik v. Metropolitan Dade County

672 So. 2d 899, 1996 Fla. App. LEXIS 4682, 1996 WL 229123

District Court of Appeal of Florida | Filed: May 8, 1996 | Docket: 64764325

Published

Department of Insurance (“Department”) pursuant to section 768.28(7), Florida Statutes (1989) for more than three

West v. State, Department of Health & Rehabilitative Services

667 So. 2d 919, 1996 Fla. App. LEXIS 852, 1996 WL 47735

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762211

Published

the Department of Insurance, as required by section 768.28(7), Florida Statutes (1993), within the 120

Horn v. State, Department of Transportation

665 So. 2d 1122, 1996 A.M.C. 1057, 1996 Fla. App. LEXIS 40, 1996 WL 1729

District Court of Appeal of Florida | Filed: Jan 4, 1996 | Docket: 64761207

Published

was found in section 768.28(12), Florida Statutes (1989) (since renumbered section 768.28(13)), and that

Paushter v. South Broward Hospital District

664 So. 2d 1032, 1995 Fla. App. LEXIS 11937, 1995 WL 675338

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760934

Published

in excess of the recovery limit pursuant to section 768.28(5), Florida Statutes (1993). It is undisputed

Ago

Florida Attorney General Reports | Filed: Sep 28, 1995 | Docket: 3255445

Published

my opinion on the following question: Does section 768.28(11)(a), Florida Statutes, require the Department

Noel ex rel. Noel v. North Broward Hospital District

664 So. 2d 989, 1995 Fla. App. LEXIS 10194, 1995 WL 566962

District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 64760928

Published

Employees or agents of CMS would be protected under section 768.28(9)(a), Florida Statutes (1993). The appellees

McMillian v. Brown

667 So. 2d 277, 1995 Fla. App. LEXIS 9647, 1995 WL 539038

District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 64761938

Published

of Insurance (the Department) as required by section 768.28(6), Florida Statutes (1991). The complaint

Pinellas County ex rel. Board of County Commissioners

659 So. 2d 1365, 1995 Fla. App. LEXIS 9423

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 64758591

Published

judgment or settlement limitation contained in section 768.28(8), Florida Statutes (1989). Accord Hellmann

Reyes v. Metropolitan Dade County

661 So. 2d 98, 1995 Fla. App. LEXIS 9362, 1995 WL 521143

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 64759170

Published

for her failure to give a notice pursuant to section 768.28(6)(a), Florida Statutes (1989), even though

Ago

Florida Attorney General Reports | Filed: Sep 1, 1995 | Docket: 3257048

Published

contained in section768.28(9)(a), Florida Statutes. Section 768.28, Florida Statutes, serves to waive the immunity

Dicso v. Navarro

660 So. 2d 297, 1995 Fla. App. LEXIS 8435, 1995 WL 467824

District Court of Appeal of Florida | Filed: Aug 9, 1995 | Docket: 64758644

Published

failure to sufficiently allege compliance with section 768.28(6), Florida Statutes (1989). We find that the

Ago

Florida Attorney General Reports | Filed: Jun 29, 1995 | Docket: 3256828

Published

the following question: Do the provisions of section 768.28(5), Florida Statutes, apply to a corporation

McGhee v. Volusia County

654 So. 2d 157, 1995 Fla. App. LEXIS 3514, 1995 WL 150232

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755873

Published

not be liable pursuant to the provisions of section 768.28, Florida Statutes (1989) for the reason that

Ago

Florida Attorney General Reports | Filed: Feb 9, 1995 | Docket: 3258471

Published

tort has been waived to the extent provided in section 768.28, Florida Statutes (1994 Supp.), and the Department

Prison Rehabilitative Industries v. Betterson

648 So. 2d 778, 1994 Fla. App. LEXIS 12534, 1994 WL 704790

District Court of Appeal of Florida | Filed: Dec 20, 1994 | Docket: 64753434

Published

“was not a state agency within the meaning of section 768.28” at the time the alleged cause of action accrued

Superior Brands, Inc. v. Rogers

646 So. 2d 257, 1994 Fla. App. LEXIS 11505, 1994 WL 653463

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 64752504

Published

employee in his or her individual capacity. Cf. § 768.28(9)(a) (Fla.Stat.1989); District Sch. Bd. of Lake

Southwest Florida Water Management District v. Nanz

642 So. 2d 1084, 19 Fla. L. Weekly Supp. 470, 1994 Fla. LEXIS 1475, 1994 WL 525901

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 64751007

Published

liability governed by the relevant provisions of section 768.-28, Florida Statutes (1989)? Nanz v. Southwest

Freeman v. Taylor County

643 So. 2d 44, 1994 Fla. App. LEXIS 9049, 1994 WL 513538

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 64751220

Published

interpreting Florida’s waiver of sovereign immunity, section 768.28, Florida Statutes (1991), the courts have rather

The DISTRICT BOARD OF TRUSTEES OF FLORIDA KEYS COMMUNITY COLLEGE v. Martin

642 So. 2d 816, 1994 Fla. App. LEXIS 9009, 1994 WL 510904

District Court of Appeal of Florida | Filed: Sep 21, 1994 | Docket: 2408761

Published

property and that the legislature, through section 768.28(9)(a), Florida Statutes (1993), specifically

Matthews v. Wells

641 So. 2d 478, 1994 Fla. App. LEXIS 8244, 1994 WL 444745

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64750407

Published

on the Department of Insurance, pursuant to section 768.28(7), Florida Statutes (1989). We reverse because

Ragoonanan ex rel. Ragoonanan v. Associates in Obstetrics & Gynecology

640 So. 2d 1178, 1994 Fla. App. LEXIS 7208, 1994 WL 380926

District Court of Appeal of Florida | Filed: Jul 22, 1994 | Docket: 64750041

Published

Associates to sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes (1991). We continue

Hellmann v. City of Orlando

634 So. 2d 245, 1994 Fla. App. LEXIS 2672, 1994 WL 94198

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 64747136

Published

immunity waiver statute says that is the limit. § 768.28(8), Fla.Stat. Because the government controls

Mingo v. Ara Health Services, Inc.

638 So. 2d 85, 1994 Fla. App. LEXIS 2490, 1994 WL 84106

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 64749056

Published

or sub-division as defined in Florida Statutes § 768.28(2) and is therefore not liable to pay a claim

Ago

Florida Attorney General Reports | Filed: Mar 2, 1994 | Docket: 3259009

Published

following questions: 1. Do the provisions of section 768.28, Florida Statutes, apply to the St. Lucie County-Fort

Thomas v. Florida Game & Fresh Water Commission

627 So. 2d 541, 1993 Fla. App. LEXIS 11681

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64744385

Published

failure to comply with the notice requirement of section 768.28, Florida Statutes (1991). These issues remain

Alvarez v. Cotarelo

626 So. 2d 267, 1993 WL 431600

District Court of Appeal of Florida | Filed: Oct 26, 1993 | Docket: 64743894

Published

individually based on grounds of immunity under Section 768.-28(9)(a), Florida Statutes (1991). In our view

Grande v. Hillsborough County

623 So. 2d 1254, 1993 Fla. App. LEXIS 9869, 1993 WL 383532

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 64698678

Published

as to the count sounding in strict liability. § 768.28(1), Fla.Stat. (1991); Schick v. Florida Dep’t

B.J.M. v. State, Department of Health & Rehabilitative Services

627 So. 2d 512, 1993 Fla. App. LEXIS 9612

District Court of Appeal of Florida | Filed: Sep 28, 1993 | Docket: 64744379

Published

the general waiver of immunity contained in section 768.28, Florida Statutes (1991). Obviously, section

Colvin v. Curtis

860 F. Supp. 1503, 1993 U.S. Dist. LEXIS 20247, 1993 WL 733106

District Court, M.D. Florida | Filed: Jul 30, 1993 | Docket: 1979038

Published

thus is barred from bringing a battery claim. Fla.Stat. 768.28(12). Whether or not Plaintiff's arrest was

Ago

Florida Attorney General Reports | Filed: May 26, 1993 | Docket: 3257445

Published

Question One and express my opinion as follows. Section 768.28, F.S. (1992 Supp.), provides, in part, that:

State, Department of Transportation v. Madison Country Club, Inc.

620 So. 2d 1026, 1993 Fla. App. LEXIS 5464, 1993 WL 157759

District Court of Appeal of Florida | Filed: May 17, 1993 | Docket: 64697434

Published

awards of prejudgment interest must be reversed. § 768.28(5), Fla.Stat.; State Department of Transportation

State, Department of Transportation v. Madison Country Club, Inc.

620 So. 2d 1026, 1993 Fla. App. LEXIS 5464, 1993 WL 157759

District Court of Appeal of Florida | Filed: May 17, 1993 | Docket: 64697434

Published

awards of prejudgment interest must be reversed. § 768.28(5), Fla.Stat.; State Department of Transportation

Martin v. National Union Fire Insurance Co. of Pittsburgh

616 So. 2d 1143, 1993 Fla. App. LEXIS 4145, 1993 WL 113327

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695658

Published

reduced the final judgment to $200,000, citing section 768.-28(5), Florida Statutes (1985), which caps the

Ago

Florida Attorney General Reports | Filed: Mar 24, 1993 | Docket: 3257952

Published

immunity which may protect the cooperative. Section 768.28, F.S. (1992 Supp.),6 serves to waive the sovereign

Ago

Florida Attorney General Reports | Filed: Nov 9, 1992 | Docket: 3258429

Published

the disclosure provisions of Ch. 119, F.S. Section 768.28(14), F.S., authorizes the state and its agencies

Tracey v. Ludwig

604 So. 2d 922, 1992 Fla. App. LEXIS 9588, 1992 WL 220522

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 64669577

Published

automobile known by defendant to be unsafe. Section 768.28(9)(a), Florida Statutes (Supp.1984), controls

School Board of Osceola County v. James E. Rose Mechanical Contractors, Inc.

604 So. 2d 521, 1992 Fla. App. LEXIS 7619, 1992 WL 156910

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 64669501

Published

wrongful death claim properly brought under section 768.28, Florida Statutes, wherein the City of Panama

Florida Municipal Liability Self Insurers Program v. Mead Reinsurance Corp.

796 F. Supp. 509, 1992 U.S. Dist. LEXIS 8335, 1992 WL 130877

District Court, S.D. Florida | Filed: Jun 3, 1992 | Docket: 65979344

Published

DENIED. DONE and ORDERED. . Florida Statutes Section 768.28(1) waives the sovereign immunity of the state

Woodall v. City of Miami Beach

599 So. 2d 231, 1992 Fla. App. LEXIS 5348, 1992 WL 104651

District Court of Appeal of Florida | Filed: May 19, 1992 | Docket: 64667542

Published

purported enforcement of the law within the city. § 768.28(9)(a), Fla. Stat. (1991); City of Miami v. Simpson

Sheriff of Orange County v. Boultbee

595 So. 2d 985, 1992 Fla. App. LEXIS 1838, 1992 WL 35373

District Court of Appeal of Florida | Filed: Feb 28, 1992 | Docket: 64666094

Published

failed to comply with the notice requirements of section 768.28(6) of the Florida Statutes (1987).1 Appellee

Jefcoat v. State, Department of Transportation

584 So. 2d 167, 1991 Fla. App. LEXIS 7921, 1991 WL 151932

District Court of Appeal of Florida | Filed: Aug 12, 1991 | Docket: 64660852

Published

of government and are immune from suit under section 768.28, Florida Statutes (1975). The court noted that

Hamide v. State, Department of Corrections

584 So. 2d 136, 1991 Fla. App. LEXIS 7902, 1991 WL 151994

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64660839

Published

appeal are whether the notice provisions in section 768.28(6), Florida Statutes, may be substantially

Lewis v. North Broward Hospital District

574 So. 2d 318, 1991 Fla. App. LEXIS 1261, 1991 WL 18245

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 64656366

Published

sovereign immunity has been waived pursuant to section 768.28, Florida Statutes (1979) must be commenced

Drax International Ltd. v. Division of Administration, State Department of Transportation

573 So. 2d 105, 1991 Fla. App. LEXIS 21, 1991 WL 136

District Court of Appeal of Florida | Filed: Jan 4, 1991 | Docket: 64655869

Published

failure to comply with the notice provisions of Section 768.28(6), Fla.Stat. (1983) prior to filing this action

Department of Corrections, State v. Parker

570 So. 2d 363, 1990 Fla. App. LEXIS 8261, 1990 WL 164990

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 64654660

Published

to the statutory recovery limit set forth in section 768.28(5), Florida Statutes (1989), so that the total

Ago

Florida Attorney General Reports | Filed: Oct 4, 1990 | Docket: 3256728

Published

interrelated and will be answered together. Section 768.28, F.S., constitutes a limited waiver of immunity

Pirez v. Brescher

566 So. 2d 577, 1990 Fla. App. LEXIS 6726, 1990 WL 127353

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 64652889

Published

the county attorney’s office suffices under section 768.28(6)(a), Florida Statutes (1987), when a lawsuit

Ago

Florida Attorney General Reports | Filed: Aug 15, 1990 | Docket: 3258400

Published

all other districts in this state." (e.s.) Section 768.28(2), F.S., provides: As used in this act, "state

Knauf v. McBride

564 So. 2d 251, 1990 Fla. App. LEXIS 5403, 1990 WL 102723

District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 64651657

Published

immune from liability and suit1 pursuant to section 768.28(9)(a), Florida Statutes.2 In support of the

Revell v. Paschal

564 So. 2d 218, 1990 Fla. App. LEXIS 4949, 1990 WL 95440

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 64651643

Published

headquarters. We reject appellee’s argument that section 768.28(1), Florida Statutes (1981), abrogated the

Feldman v. Brescher

561 So. 2d 1271, 1990 Fla. App. LEXIS 3529, 1990 WL 67305

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64650816

Published

since the trial judge erroneously applied section 768.28, Florida Statutes (Supp.1986), retroactively

Ago

Florida Attorney General Reports | Filed: Mar 20, 1990 | Docket: 3256118

Published

department] does to the extent permitted by Section 768.28, Florida Statutes, hereby release and agree

Myers v. Charlotte County

555 So. 2d 1322, 1990 Fla. App. LEXIS 445, 1990 WL 5237

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 64647730

Published

the Department of Insurance as is required by section 768.28(6)(a), Florida Statutes (1987). The trial court

Atwater v. Broward County

556 So. 2d 1161, 1990 Fla. App. LEXIS 399, 1990 WL 4099

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 64648139

Published

by the county. The appellant contends that section 768.28(9)(a), Florida Statutes (waiver of sovereign

State, Department of Corrections v. Parker

553 So. 2d 289, 14 Fla. L. Weekly 2743, 1989 Fla. App. LEXIS 6665, 1989 WL 142956

District Court of Appeal of Florida | Filed: Nov 29, 1989 | Docket: 64646793

Published

limit the judgment to $100,000 pursuant to section 768.28(5), Florida Statutes (1985) which provides:

Ago

Florida Attorney General Reports | Filed: Oct 18, 1989 | Docket: 3258812

Published

tort liability to the extent provided therein. Section 768.28(1), F.S., waives sovereign immunity in tort

Ago

Florida Attorney General Reports | Filed: Oct 6, 1989 | Docket: 3258922

Published

for purposes of s. 768.28, F.S. (1988 Supp.). Section 768.28(9)(a), F.S. (1988 Supp.), provides in pertinent

Ago

Florida Attorney General Reports | Filed: Sep 15, 1989 | Docket: 3257597

Published

increase its limits of liability. Question One Section 768.28, F.S., as amended,1 constitutes a limited waiver

Ago

Florida Attorney General Reports | Filed: Sep 15, 1989 | Docket: 3258874

Published

employment when rendering such aid. Question Five Section 768.28(1), F.S. (1988 Supp.), provides in part that

DeRosa v. Shands Teaching Hospital & Clinics, Inc.

549 So. 2d 1039, 14 Fla. L. Weekly 1901, 1989 Fla. App. LEXIS 4603, 1989 WL 90485

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 64645348

Published

sovereign immunity act, Section 768.28, Florida Statutes (1983). Section 768.28(8) explicitly restricts

Ago

Florida Attorney General Reports | Filed: Jul 20, 1989 | Docket: 3257427

Published

and to acquire, own and dispose of property.6 Section 768.28, F.S. (1988 Supp.), constitutes a limited waiver

Hill v. Florida Department of Health & Rehabilitative Services

715 F. Supp. 346, 1989 U.S. Dist. LEXIS 7982, 51 Empl. Prac. Dec. (CCH) 39,321, 51 Fair Empl. Prac. Cas. (BNA) 114

District Court, M.D. Florida | Filed: Jul 11, 1989 | Docket: 66179497

Published

has waived its Sovereign Immunity by virtue of § 768.28, Florida Statutes, or otherwise. Because this

Robinson v. Hillsborough Area Regional Transit Authority

545 So. 2d 478, 14 Fla. L. Weekly 1515, 1989 Fla. App. LEXIS 3616, 1989 WL 67501

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 64643311

Published

Florida Department of Insurance pursuant to section 768.28(6)(a), Florida Statutes (1983).* Robinson then

Bendeck v. Berry

546 So. 2d 14, 14 Fla. L. Weekly 1202, 1989 Fla. App. LEXIS 2726, 1989 WL 49918

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 64643566

Published

sovereign immunity pre-suit notice requirement, § 768.28(6), Fla. Stat. (1985). The latter statute prescribes

Rotte v. City of Jacksonville

543 So. 2d 842, 14 Fla. L. Weekly 1192, 1989 Fla. App. LEXIS 2705, 1989 WL 49602

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 64642715

Published

counsel to cross-examine Detective Carlson. Section 768.28(9), Florida Statutes (1981), read in pari materia

Ago

Florida Attorney General Reports | Filed: May 2, 1989 | Docket: 3258042

Published

human rights, safety, or property. 3. Section 768.28, F.S. (1988 Supp.), waives the sovereign immunity

Baldwin v. Dellerson

541 So. 2d 779, 14 Fla. L. Weekly 982, 1989 Fla. App. LEXIS 1990, 1989 WL 36259

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 64641618

Published

2) sovereign immunity as a state agent under section 768.28(9)(a), Florida Statutes (1983), because he

Ago

Florida Attorney General Reports | Filed: Apr 12, 1989 | Docket: 3256246

Published

public purpose and function.3 QUESTION ONE Section 768.28, F.S. (1988 Supp.), represents a legislative

Florida Department of Insurance, Division of Risk Management v. Tuveson

543 So. 2d 245, 14 Fla. L. Weekly 773, 1989 Fla. App. LEXIS 1574, 1989 WL 27649

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 64642535

Published

to the extent that the Division relies on the § 768.28, Fla.Stat. $100,000 cap on damages as its basis

Ago

Florida Attorney General Reports | Filed: Mar 17, 1989 | Docket: 3256644

Published

tort liability to the extent provided therein. Section 768.28(1), F.S., supra, waives sovereign immunity

Campbell v. City of Coral Springs

538 So. 2d 1373, 14 Fla. L. Weekly 570, 1989 Fla. App. LEXIS 965, 1989 WL 16126

District Court of Appeal of Florida | Filed: Mar 1, 1989 | Docket: 64640726

Published

the waiver of sovereign immunity statute, section 768.-28(9)(a), Florida Statutes (1985), is unconstitutional

Department of Health & Rehabilitative Services v. Shatto

538 So. 2d 938, 14 Fla. L. Weekly 395, 1989 Fla. App. LEXIS 741, 1989 WL 10928

District Court of Appeal of Florida | Filed: Feb 9, 1989 | Docket: 64640627

Published

1983), both holding, in their interpretation of Section 768.28(1), Florida Statutes (1981), that a negligence

Lecuyer v. State, Department of Transportation

535 So. 2d 720, 14 Fla. L. Weekly 170, 1989 Fla. App. LEXIS 78, 1989 WL 620

District Court of Appeal of Florida | Filed: Jan 11, 1989 | Docket: 64639283

Published

plaintiffs had failed to give the notice required by section 768.28(6), Florida Statutes, prior to filing suit

Ago

Florida Attorney General Reports | Filed: Jan 9, 1989 | Docket: 3256812

Published

tort liability to the extent provided therein. Section 768.28(1), F.S., waives sovereign immunity in tort

North Broward Hospital District v. Johnson ex rel. Johnson

538 So. 2d 876, 13 Fla. L. Weekly 2709, 1988 Fla. App. LEXIS 5512, 1988 WL 131607

District Court of Appeal of Florida | Filed: Dec 14, 1988 | Docket: 64640618

Published

awarded the Johnsons for the alleged malpractice. § 768.28(8), Fla.Stat. (1986). That statute is applicable

Kalodish v. South Florida State Hospital

536 So. 2d 287, 13 Fla. L. Weekly 2645, 1988 Fla. App. LEXIS 5344, 1988 WL 129087

District Court of Appeal of Florida | Filed: Dec 7, 1988 | Docket: 64639486

Published

1981; her administrative claim pursuant to section 768.28, Florida Statutes, was denied in November 1981;

McCall v. DEPT. OF HEALTH & REHAB. SERV.

536 So. 2d 1098, 1988 WL 124700

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1754358

Published

independent efficient intervening cause. Under section 768.28, Florida Statutes, the "state and its agencies

Dickerson v. Escambia County Board of County Commissioners

536 So. 2d 1065, 13 Fla. L. Weekly 2454, 1988 Fla. App. LEXIS 4844, 1988 WL 117187

District Court of Appeal of Florida | Filed: Nov 7, 1988 | Docket: 64639599

Published

judgment was based upon her failure to comply with section 768.28(6), Florida Statutes (1984), which requires

In re Medical Malpractice Presuit Screening Rule—Civil Rules of Procedure

531 So. 2d 958, 13 Fla. L. Weekly 587, 1988 Fla. LEXIS 1470, 1988 WL 53981

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637356

Published

Initiate Litigation if the claim is controlled by Section 768.28(6)(a) of the Florida Statutes; or (C) Receipt

Hillsborough County Hospital & Welfare Board v. Taylor

534 So. 2d 711, 13 Fla. L. Weekly 1929, 1988 Fla. App. LEXIS 3652, 1988 WL 82686

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 64638881

Published

$50,000 pursuant to section 768.28(5), Florida Statutes (1980 Supp.). Section 768.28(5), which partially

Ago

Florida Attorney General Reports | Filed: Apr 28, 1988 | Docket: 3257833

Published

tort liability to the extent provided therein. Section 768.28(1), F.S., waives sovereign immunity in tort

Majette v. Butterworth

699 F. Supp. 882, 1988 U.S. Dist. LEXIS 14864, 1988 WL 122492

District Court, S.D. Florida | Filed: Apr 25, 1988 | Docket: 66177174

Published

relate to 42 U.S.C. § 1983 and Fla. Stat.Ann. § 768.28.3 The Eleventh Circuit held that § 1983 actions

Bates v. Sahasranaman

522 So. 2d 545, 13 Fla. L. Weekly 805, 1988 Fla. App. LEXIS 1184, 1988 WL 25467

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 64633701

Published

public hospital. The plaintiffs contend that section 768.-28(9)(a), Florida Statutes, does not confer sovereign

Birmingham v. City of Orlando

523 So. 2d 647, 13 Fla. L. Weekly 645, 1988 Fla. App. LEXIS 941, 1988 WL 18952

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 64634178

Published

by the instructions, as a bar to suit under Section 768.28(12), was inadequate to properly guide the jury

State, Department of Corrections v. Romero

524 So. 2d 1032, 13 Fla. L. Weekly 524, 1988 Fla. App. LEXIS 617, 1988 WL 13056

District Court of Appeal of Florida | Filed: Feb 25, 1988 | Docket: 64634707

Published

The extent of the liability is governed by section 768.28, Florida Statutes (1985). Subsection (1) of

Aysisayh v. Infante

519 So. 2d 763, 13 Fla. L. Weekly 407, 1988 Fla. App. LEXIS 536, 1988 WL 8440

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 64632560

Published

plaintiff to comply with the requirements of Section 768.28, Florida Statutes. We affirm the dismissal

Hines v. Columbia Livestock Market of Lake City, Inc.

516 So. 2d 1040, 12 Fla. L. Weekly 2803, 1987 Fla. App. LEXIS 11576, 1987 WL 2659

District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631507

Published

waiver of sovereign immunity effectuated by section 768.28, Florida Statutes. Trianon Park establishes

State, Department of Highway Safety & Motor Vehicles v. Kropff

514 So. 2d 404, 12 Fla. L. Weekly 2488, 1987 Fla. App. LEXIS 10706

District Court of Appeal of Florida | Filed: Oct 27, 1987 | Docket: 64630452

Published

appeal involves the proper construction of section 768.28(14), Florida Statutes (1981). Susan Ann Kropff

Jozwiak v. Leonard

513 So. 2d 666, 12 Fla. L. Weekly 513, 1987 Fla. LEXIS 2725

Supreme Court of Florida | Filed: Oct 8, 1987 | Docket: 64629927

Published

PLAINTIFF TO COMPLY WITH THE NOTICE PROVISIONS OF SECTION 768.28(6) FOUND BY THIS COURT IN BURKETT V. CALHOUN

Ago

Florida Attorney General Reports | Filed: Jun 1, 1987 | Docket: 3257725

Published

interrelated, they will be answered together. Section 768.28, F.S. (1986 Supp.), represents a legislative

Ago

Florida Attorney General Reports | Filed: May 8, 1987 | Docket: 3258229

Published

general law for bringing suit against the state. Section 768.28, F.S., specifies those instances in which the

Ago

Florida Attorney General Reports | Filed: Apr 21, 1987 | Docket: 3255458

Published

of the state, counties, or municipalities." Section 768.28(2), supra. Cf., s. 1.01(9), F.S., generally

Ryan v. Heinrich

501 So. 2d 185, 12 Fla. L. Weekly 416, 1987 Fla. App. LEXIS 6537

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624426

Published

failed to comply with the claim requirements of section 768.28(6), Florida Statutes (1983). On November 9

Ruff v. Wells

504 So. 2d 16, 12 Fla. L. Weekly 414, 1987 Fla. App. LEXIS 6524

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64625875

Published

acts. However, pursuant to a 1980 amendment section 768.-28(9)(a), Florida Statutes (1985), now provides

City of North Bay Village v. Braelow

498 So. 2d 417, 11 Fla. L. Weekly 619, 1986 Fla. LEXIS 2939

Supreme Court of Florida | Filed: Nov 26, 1986 | Docket: 64623427

Published

judgment against the City at $50,000 based on section 768.28(5), Florida Statutes (1979), but ruled that

Vega v. City of Pompano Beach

498 So. 2d 532, 11 Fla. L. Weekly 2438, 1986 Fla. App. LEXIS 10715

District Court of Appeal of Florida | Filed: Nov 19, 1986 | Docket: 64623469

Published

waiver is independent of the general waiver in section 768.28, Florida Statutes. Avallone, 493 So.2d at 1004-06

Public Health Trust of Dade County v. Knuck

495 So. 2d 834, 11 Fla. L. Weekly 2123, 1986 Fla. App. LEXIS 10007

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 64622207

Published

Memorial Hospital on June 12, 1985, pursuant to section 768.28(6)(a), Florida Statutes (Supp.1984), satisfied

Ago

Florida Attorney General Reports | Filed: Aug 27, 1986 | Docket: 3256217

Published

Shumpert, 217 So.2d 116 (Fla. 1968); AGO 75-61. Section 768.28, F.S., as amended, accomplishes a limited waiver

Ago

Florida Attorney General Reports | Filed: Aug 27, 1986 | Docket: 3256037

Published

monetary limitations of the state's waiver. Section 768.28(2), F.S., states that, for purposes of the

Ago

Florida Attorney General Reports | Filed: Jul 31, 1986 | Docket: 3258398

Published

sponsored or supervised by the school district. Section 768.28(9)(a), F.S., provides: No officer, employee

STATE DEPT. OF TRANSP. v. Alvarez

490 So. 2d 1068, 11 Fla. L. Weekly 1496

District Court of Appeal of Florida | Filed: Jul 8, 1986 | Docket: 1743179

Published

well within the three-year period provided by section 768.28(6), Florida Statutes (1983), the claim that

L.L. v. Zipperer

484 So. 2d 92, 11 Fla. L. Weekly 576, 1986 Fla. App. LEXIS 6726

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 64617729

Published

injured the minor plaintiff. To comply with section 768.28(6), Florida Statutes (1985), appellants notified

Economic Development Corp. v. Stierheim

782 F.2d 952, 54 U.S.L.W. 2480

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 1986 | Docket: 66213864

Published

within the scope of their employment. Fla.Stat.Ann. § 768.28 (West Supp.1984). Unlike the Federal Tort Claims

Hernandez v. Metropolitan Dade County

483 So. 2d 89, 1986 Fla. App. LEXIS 6498

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 64617380

Published

School Board, 480 So.2d 119 (Fla.3d DCA 1985); § 768.28(6), Fla.Stat. (1981).

Lower Florida Keys Hospital District v. Littlejohn ex rel. Littlejohn

493 So. 2d 467, 11 Fla. L. Weekly 2336, 1986 Fla. App. LEXIS 11461

District Court of Appeal of Florida | Filed: Jan 13, 1986 | Docket: 64621317

Published

Hospital was entitled to sovereign immunity under section 768.28, Florida Statutes (1981), the trial court awarded

Glace v. Lower Florida Keys Hospital District

481 So. 2d 509, 11 Fla. L. Weekly 67, 1985 Fla. App. LEXIS 5960

District Court of Appeal of Florida | Filed: Dec 24, 1985 | Docket: 64616631

Published

district hospital herein comes within the ambit of Section 768.28, Florida Statutes (1983), see North Broward

Drinnenberg v. State, Department of Transportation

481 So. 2d 51, 11 Fla. L. Weekly 43, 1985 Fla. App. LEXIS 16934

District Court of Appeal of Florida | Filed: Dec 18, 1985 | Docket: 64616567

Published

employment at the time of the accident. See section 768.28(9)(a), Florida Statutes (1981). Apparently

Valero v. Dade County School Board

480 So. 2d 119, 1985 Fla. App. LEXIS 17069

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 64616232

Published

PER CURIAM. Affirmed. § 768.28(6), Fla.Stat. (1979); Levine v. Dade County School Board, 442 So.2d 210

City of Panama City v. Florida Department of Transportation

477 So. 2d 646, 10 Fla. L. Weekly 2366, 1985 Fla. App. LEXIS 16373

District Court of Appeal of Florida | Filed: Oct 18, 1985 | Docket: 64614976

Published

transferred to Leon County in accordance with § 768.28, Florida Statutes. The action was thus transferred

State ex rel. Manatee County ex rel. Manatee County Sheriff's Department v. Kruysman

475 So. 2d 1007, 10 Fla. L. Weekly 2195, 1985 Fla. App. LEXIS 15918

District Court of Appeal of Florida | Filed: Sep 20, 1985 | Docket: 64614335

Published

failure to comply with the notice provisions of section 768.28(6), Florida Statutes (1983), as a condition

Miller v. State, Department of Health & Rehabilitative Services

474 So. 2d 1228, 10 Fla. L. Weekly 2020

District Court of Appeal of Florida | Filed: Aug 22, 1985 | Docket: 64613915

Published

HRS is entitled to sovereign immunity under section 768.28, Florida Statutes (1977), and Commercial Carrier

Avallone v. Board of County Commissioners of Citrus County

467 So. 2d 826, 10 Fla. L. Weekly 1031, 1985 Fla. App. LEXIS 13655

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 64611502

Published

involving negligent tortious conduct waived by section 768.28, Florida Statutes (1977), and that part of

Manito v. Metropolitan Dade County

460 So. 2d 569, 1984 Fla. App. LEXIS 16106

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 64608659

Published

County School Board, 442 So.2d 210 (Fla.1983); § 768.28(6), Fla.Stat. (1979).

Cliffin v. State, Department of Health & Rehabilitative Services

458 So. 2d 29, 9 Fla. L. Weekly 2185, 1984 Fla. App. LEXIS 15479

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607663

Published

four-year statute of limitations set forth in Section 768.28(11), Florida Statutes (1977), did not apply

Florida Patient's Compensation Fund v. S.L.R. ex rel. Moore

458 So. 2d 342, 9 Fla. L. Weekly 2155, 1984 Fla. App. LEXIS 15399

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607809

Published

Jr., J., concurs specially without opinion. . § 768.28(11), Fla.Stat. (1983). . Brogan v. Mullins,

Mann v. Grolock

454 So. 2d 75, 9 Fla. L. Weekly 1809, 1984 Fla. App. LEXIS 14755

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 64606369

Published

1041, (Fla. 1st DCA, 1983), which held that Section 768.28(9)(a), Florida Statutes, would not be applied

Gerard v. Department of Transportation

455 So. 2d 500, 9 Fla. L. Weekly 1784, 1984 Fla. App. LEXIS 14749

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606679

Published

issue of exhaustion of limits of liability Section 768.28(5), Florida Statutes (1979), establishes that

Palmer v. City of Daytona Beach

443 So. 2d 371, 1983 Fla. App. LEXIS 25428

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 64601987

Published

Indian River County, 371 So.2d 1010 (Fla.1979); § 768.28, Fla.Stat. (1981). We have held that the negligent

Department of Transportation v. General Portland, Inc.

443 So. 2d 276, 1983 Fla. App. LEXIS 25243

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 64601957

Published

for change of venue from Dade to Leon County. Section 768.28(1), Florida Statutes (1981), provides, inter

Hess ex rel. Hess v. Metropolitan Dade County

447 So. 2d 267, 1983 Fla. App. LEXIS 24229

District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 64603673

Published

satisfied the judgment to the extent authorized by section 768.28(5), Florida Statutes (1981), by making payment

City of Miami v. Sinquefield

435 So. 2d 970, 1983 Fla. App. LEXIS 22398

District Court of Appeal of Florida | Filed: Aug 9, 1983 | Docket: 64598857

Published

the municipality the required notice under Section 768.28(6) Florida Statutes (1976). Commercial Carrier

Wilson ex rel. Wilson v. Duval County School Board

436 So. 2d 261, 13 Educ. L. Rep. 179, 1983 Fla. App. LEXIS 19959

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 64599043

Published

raised by appellants. The first is whether Section 768.28(9)(a), Florida Statutes (1980 Supp.), which

Florida Department of Transportation v. McFadden

432 So. 2d 676, 1983 Fla. App. LEXIS 19984

District Court of Appeal of Florida | Filed: Jun 2, 1983 | Docket: 64597414

Published

been addressed by the Florida Legislature. See § 768.28(14), Fla.Stat. (1981), eff. Oct. 1, 1981. Accordingly

Schultz v. Brevard County

431 So. 2d 187, 1983 Fla. App. LEXIS 19785

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 64596932

Published

legislature has created such an exception in section 768.28(1), Florida Statutes (1981), which permits

Hucker v. City of Oakland Park

427 So. 2d 244, 1983 Fla. App. LEXIS 19115

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595261

Published

be filed with the municipality pursuant to Section 768.28(6), Florida Statutes (1981). We reverse. The

Goldberg v. Bekins Moving & Storage Co.

423 So. 2d 491, 1982 Fla. App. LEXIS 21784

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 64593958

Published

of Jacksonville and its insurer. We affirm. Section 768.28(6), Florida Statutes (1981), establishes a

Levine v. Dade County School Board

419 So. 2d 808, 6 Educ. L. Rep. 1213, 1982 Fla. App. LEXIS 21284

District Court of Appeal of Florida | Filed: Sep 28, 1982 | Docket: 64592196

Published

requirements of section 768.28(6), Florida Statutes (1977). According to section 768.28(6), Florida Statutes

O'Donnell v. Broward County

417 So. 2d 1043, 1982 Fla. App. LEXIS 22220

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 64591614

Published

allege in his claim for damages compliance with section 768.28(6), Florida Statutes (1977), which says: An

City of Lake Worth v. Nicolas

416 So. 2d 886, 1982 Fla. App. LEXIS 21020

District Court of Appeal of Florida | Filed: Jul 14, 1982 | Docket: 64591162

Published

of “lost profits”; second, that pursuant to Section 768.28(5), Florida Statutes, (1975), the final judgment

Ezell v. State, Department of Health & Rehabilitative Services

415 So. 2d 832, 1982 Fla. App. LEXIS 20359

District Court of Appeal of Florida | Filed: Jun 22, 1982 | Docket: 64590714

Published

December 14, 1977 prior to the enactment of Section 768.28, Florida Statutes (1980 Supp.), effective July

Meli v. Admiral Insurance

413 So. 2d 135, 1982 Fla. App. LEXIS 19905

District Court of Appeal of Florida | Filed: Apr 27, 1982 | Docket: 64589601

Published

Florida, effective July 1, 1980, and codified as Section 768.28, Florida Statutes (1980 Supp.), which provided

Boyd v. International Fidelity Insurance

412 So. 2d 944, 1982 Fla. App. LEXIS 19850

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64589362

Published

the notice provisions as they are found in Section 768.28, Florida Statutes (1979) and must be alleged

State, Department of Corrections v. Edwards

410 So. 2d 959, 1982 Fla. App. LEXIS 19346

District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 64588384

Published

. Chapter 81-317, Laws of Florida, amends Section 768.28, Florida Statutes, to provide that an action

City of Miami v. March

409 So. 2d 1107, 1982 Fla. App. LEXIS 19184

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 64587939

Published

the other “employee alone, without invoking section 768.28, under traditional legal principles regarding

Ago

Florida Attorney General Reports | Filed: Dec 22, 1981 | Docket: 3257684

Published

purposes and is subject to certain qualifications. Section 768.28, F.S., as amended, is a general waiver of sovereign

County of Sarasota v. Wall

403 So. 2d 500, 1981 Fla. App. LEXIS 20877

District Court of Appeal of Florida | Filed: Aug 24, 1981 | Docket: 64584992

Published

any reference to the notice requirements of section 768.28(6), Florida Statutes (1979), is premature because

Stanley v. Crawford

402 So. 2d 84, 1981 Fla. App. LEXIS 20890

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 64584561

Published

immunity protections under the 1980 amendment to section 768.28(9), Florida Statutes (Supp. 1980). Reversed

Travelers Indemnity Co. v. Jacobs

402 So. 2d 1261, 1981 Fla. App. LEXIS 20719

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584822

Published

liable for their tortious acts. Amendments to section 768.28(9), enacted by the legislature, contained what

Ago

Florida Attorney General Reports | Filed: Aug 4, 1981 | Docket: 3257770

Published

the hospital board's jurisdiction extends. Section 768.28(1), F.S., waives sovereign immunity for liability

Talmadge ex rel. Talmadge v. District School Board of Lake County

406 So. 2d 1127, 1 Educ. L. Rep. 1046, 1981 Fla. App. LEXIS 19957

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64586608

Published

there was no cause of action against him due to section 768.28(9), Florida Statutes (1975). The trial court

Betancourt v. Metropolitan Dade County

393 So. 2d 21, 1981 Fla. App. LEXIS 19398

District Court of Appeal of Florida | Filed: Jan 6, 1981 | Docket: 64579985

Published

waiver of immunity effected by the adoption of Section 768.28, Florida Statutes (1977). Finding that it has

Green v. City of Tampa

390 So. 2d 1237, 1980 Fla. App. LEXIS 17814

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 64579121

Published

was repealed on January 1, 1975. On that date section 768.28, Florida Statutes (1975), which waived sovereign

Reckner v. Foremost Insurance Co.

393 So. 2d 1069, 1980 Fla. LEXIS 4449

Supreme Court of Florida | Filed: Dec 4, 1980 | Docket: 64580376

Published

chapter 80-271, Laws of Florida, which amended section 768.28(9).1 It is so ordered. SUNDBERG, C. J., and

Davis v. Tedder

388 So. 2d 278, 1980 Fla. App. LEXIS 17115

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578172

Published

the waiver of sovereign immunity contained in Section 768.28, Florida Statutes (1975). As such this case

Black v. Reserve Insurance

388 So. 2d 248, 1980 Fla. App. LEXIS 16972

District Court of Appeal of Florida | Filed: Aug 20, 1980 | Docket: 64578165

Published

plaintiff in a wrongful death action brought under Section 768.28, Florida Statutes (1975). We reverse and remand

Dubose v. Auto-Owners Insurance Co.

387 So. 2d 461, 1980 Fla. App. LEXIS 17535

District Court of Appeal of Florida | Filed: Aug 15, 1980 | Docket: 64577892

Published

asserted that the four-year limitation set forth in § 768.28, Fla.Stat., was the applicable statute of limitations

Cooper v. Dade County

384 So. 2d 221, 1980 Fla. App. LEXIS 16785

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 64576457

Published

conflict with the three-year notice provision of Section 768.28(6), Florida Statutes (1977) and was therefore

Infande v. Seligman of Florida, Inc.

380 So. 2d 1169, 1980 Fla. App. LEXIS 15659

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 64574853

Published

Although the appellants brought the action under Section 768.28 Florida Statutes (1975) (waiver of sovereign

Reckner v. Foremost Insurance Co.

376 So. 2d 426, 1979 Fla. App. LEXIS 15655

District Court of Appeal of Florida | Filed: Oct 24, 1979 | Docket: 64572603

Published

application to actions brought pursuant to Section 768.28, Florida Statutes (1974). Commercial Carrier

Beddow v. City of Cape Coral

375 So. 2d 335, 1979 Fla. App. LEXIS 15218

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 64572037

Published

doctrine had been abrogated by the enactment of Section 768.28, Florida Statutes in 1973. Accordingly, we

Williams ex rel. Williams v. Dade County

374 So. 2d 69, 1979 Fla. App. LEXIS 21205

District Court of Appeal of Florida | Filed: Jul 24, 1979 | Docket: 64571577

Published

Hospital, 374 So.2d 64 (Fla. 3d DCA 1979); Section 768.28, Florida Statutes (1975).

Perez v. Miami Dade Water & Sewer Authority

372 So. 2d 185, 1979 Fla. App. LEXIS 15323

District Court of Appeal of Florida | Filed: Jun 19, 1979 | Docket: 64570780

Published

Section 2-2 because of the following provision of Section 768.28, Florida Statutes (1977): “(6) An action shall

Beauregard v. City of Miami

371 So. 2d 233, 1979 Fla. App. LEXIS 15083

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 64570297

Published

allege proper notice to the appellee pursuant to Section 768.28(6), Florida Statutes (1977), which omission

Universal Dry Wall, Inc. v. Dade County

375 So. 2d 573, 1979 Fla. App. LEXIS 15848

District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 64572123

Published

DCA 1977). I am of the opinion, however, that Section 768.28, Florida Statutes (1977) should be construed

Wilifred v. Metropolitan Dade County

372 So. 2d 96, 1979 Fla. App. LEXIS 15307

District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 64570758

Published

sovereign immunity enacted by the Legislature in Section 768.28, Florida Statutes.” The questions presented

Hambrick v. Beard

366 So. 2d 58, 1978 Fla. App. LEXIS 16826

District Court of Appeal of Florida | Filed: Dec 8, 1978 | Docket: 64567939

Published

at issue. Section 768.28 provides for a limited waiver of sovereign immunity. Section 768.28(6) stipulates

Ago

Florida Attorney General Reports | Filed: Oct 30, 1978 | Docket: 3257791

Published

subdivisions,' to the extent specified therein. Section 768.28(1), F. S. This waiver of immunity for the state

Ago

Florida Attorney General Reports | Filed: Sep 7, 1978 | Docket: 3255144

Published

the same incident or occurrence. Section 768.28(5), F. S. Section 768.28(2), F. S., defines the phrase `state

Paul v. Heritage Insurance Co. of America

363 So. 2d 563, 1978 Fla. App. LEXIS 16834

District Court of Appeal of Florida | Filed: Aug 15, 1978 | Docket: 64566686

Published

Each of these cases purported to interpret Section 768.28(9), Florida Statutes (1977), which is, in relevant

Department of Health & Rehabilitative Services v. McDougall

359 So. 2d 528, 1978 Fla. App. LEXIS 16080

District Court of Appeal of Florida | Filed: May 25, 1978 | Docket: 64564826

Published

its sovereign immunity which it accomplished by § 768.28, Florida Statutes. That statute states in pertinent

Epley v. Washington County

358 So. 2d 592

District Court of Appeal of Florida | Filed: May 12, 1978 | Docket: 1690843

Published

complaint failed to allege compliance with Florida Statute 768.28(6) which provides in material part that:

Ago

Florida Attorney General Reports | Filed: Mar 2, 1978 | Docket: 3258323

Published

applicable to a municipal housing authority. Section 768.28, F. S., as amended by Chs. 77-47 and 77-86

Rajchl v. City of Miami

353 So. 2d 630, 1977 Fla. App. LEXIS 17229

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562029

Published

Florida’s waiver of sovereign immunity statute. Section 768.28, 768.30, Florida Statutes (1975). Had it occurred

School Board of Dade County v. Scott ex rel. Scott

313 So. 2d 50, 1975 Fla. App. LEXIS 14855

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 64546588

Published

1971. Suit was filed on April 7, 1972. Fla.Stat. § 768.28, which waives sovereign immunity under certain