Sovereign Immunity Waiver Florida

Definition: The limited waiver of the state and local government's immunity from tort liability, allowing injured persons to sue the government for negligence within statutory caps on damages. Florida waives immunity but limits the recovery amount.

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Florida Sovereign Immunity Waiver

FL sovereign immunity waiver (Section 768.28): tort claims against government entities and employees. Caps: $200K per person, $300K per incident. Pre-suit: 180-day notice to entity + DFS. Covered: state, agencies, counties, municipalities, special districts, universities, and employees (in scope). Employee: individually immune in scope; entity liable. Excess: claims bill (rarely approved). Not waived: intentional torts, discretionary functions, punitive damages.

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Not Waived

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Barnes Walker’s attorneys handle government tort claims in Florida. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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