Fla. Stat. § 768.28

Suing the Government

When a city, county, or state agency injures you, special rules apply — damage caps, a strict notice deadline, and a waiting period. Here is what makes these claims different.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

A Limited Waiver

Governments are generally protected from lawsuits by "sovereign immunity." Florida has partially waived that immunity under § 768.28 — you can sue a state or local government for negligence, but only within strict limits.

The Governing Statute
Fla. Stat. § 768.28 — Waiver of Sovereign Immunity
"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."
Read the full statute on Online Sunshine →
Claims Against Government — Key Limits
Damage caps: Generally $200,000 per person / $300,000 per incident. Recovering above the cap requires a "claim bill" passed by the Legislature.

Pre-suit notice: You must file a written notice of claim — generally within 3 years — before suing.

Waiting period: The agency generally has 180 days to respond before suit.

Why These Cases Differ

The notice requirement is a trap for the unwary — miss it, and the claim is barred no matter how strong. The caps also mean a catastrophic injury may recover far less than against a private defendant, unless a legislative claim bill is pursued. These procedural hurdles make early, experienced handling essential.

Frequently Asked Questions

Can you sue the government in Florida for an injury?
Yes, but within limits. Under § 768.28, Florida partially waives sovereign immunity, allowing negligence claims against government entities — subject to damage caps (generally $200,000/$300,000) and a strict pre-suit notice requirement.
What is the notice requirement for suing a government in Florida?
You must file a written notice of claim with the appropriate agency (and often the Department of Financial Services) before filing suit, generally within 3 years, and then wait out a response period. Missing this notice step can bar the claim entirely.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 768.28 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.