Florida Notice of Claim Against Government

Introduction

Key Things to Know

1. 1

   The deadline is strict. Under Fla. Stat. 768.28(6)(a), no suit may be brought unless the claim was presented in writing within 3 years after it accrues. Reading the statute or contacting the agency's risk management office confirms the current rule.

2. 2

   Wrongful death claims are on a shorter clock: the written claim to the Department of Financial Services is due within 2 years after the claim accrues.

3. 3

   One statute covers both tracks. Section 768.28 applies to the state and to its agencies and subdivisions, including counties, municipalities and school districts.

4. 4

   Claims against a state agency go to two places: the agency and the Department of Financial Services, Division of Risk Management. Only claims against a municipality, county or the Florida Space Authority skip the copy to DFS.

5. 5

   Section 768.28(6)(c) requires the claimant's date and place of birth and Social Security number, or a federal identification number for a non-individual, plus any adjudicated amounts over $200 owed to the state, or a statement that none exist.

6. 6

   The agency or DFS has 6 months to make a final disposition, or 90 days for medical malpractice and wrongful death claims. No final disposition in that time counts as a final denial.

7. 7

   Recovery is capped at $200,000 per person and $300,000 per incident, and punitive damages and pre-judgment interest are excluded. An amount above the cap can be paid only by an act of the Legislature.

Florida Requirements for Notice of Claim

• Written Claim Within 3 Years

  Fla. Stat. 768.28(6)(a): no action may be brought unless the claim was presented in writing within 3 years after it accrues.

• Wrongful Death and Contribution Deadlines

  768.28(6)(a): a wrongful death claim must be presented to DFS within 2 years after accrual; a contribution claim within 6 months after the qualifying judgment or discharge.

• Recipients: Agency and DFS

  Present the claim to the appropriate agency and to the Department of Financial Services, except that claims against a municipality, county or the Florida Space Authority need not go to DFS.

• Claimant Identification

  768.28(6)(c): give the claimant's date and place of birth and Social Security number, or a federal identification number if the claimant is not an individual.

• Adjudicated Amounts Owed to the State

  768.28(6)(c): list the case style, tribunal, nature and amount of any adjudicated penalties, fines, fees, restitution or judgments over $200 owed to the state, or state that none exist.

• Deemed Denial

  768.28(6)(d): no final disposition within 6 months after filing, or 90 days for medical malpractice and wrongful death claims, is deemed a final denial.

• Suit Within 4 Years

  768.28(14): the action must be commenced within 4 years after the claim accrues; medical malpractice and wrongful death follow s. 95.11(5).

• Damages Cap

  768.28(5)(a): $200,000 per person and $300,000 per incident or occurrence; no punitive damages or pre-judgment interest; excess only by act of the Legislature.

• Facts of the Incident

  State the date, time and place, what happened, the agency or employee involved, and the injuries or damage, and keep a record of the date and method of delivery.