Category: FL-Specific Laws · Statute: F.S. 768.28 · Source: Florida Legislature
Understanding Sovereign Immunity in Florida
In Florida, sovereign immunity is a legal doctrine derived from English common law establishing that the government cannot be sued without its consent. Under Article X, Section 13 of the Florida Constitution, the state holds this inherent protection. However, Florida has enacted a limited waiver of this immunity through Section 768.28 of the Florida Statutes. This waiver allows individuals to bring civil lawsuits against state agencies, counties, municipalities, and state employees for personal injury, wrongful death, or property damage caused by government negligence, provided the actions occurred within the scope of official employment.
This statutory waiver is strictly limited by monetary caps, currently set at $200,000 per individual claimant and $300,000 per occurrence. Any recovery beyond these statutory limits requires the Florida Legislature to pass a specific "claims bill." Furthermore, individual government employees are generally immune from personal liability and cannot be named as defendants in tort actions unless they acted with willful, wanton, or malicious intent, or entirely outside the scope of their official duties.
Sovereign Immunity in the Florida Bail and Pretrial Context
In the pretrial and bail phase, sovereign immunity heavily shields government actors, such as pretrial services programs, sheriff's deputies, and jail administrators, from lawsuits if a released defendant commits a new crime or fails to appear. Under Florida law, the decision to release a defendant or set bail is considered a discretionary, quasi-judicial function. Because of sovereign immunity, government entities and their employees are generally protected from civil liability for negligent supervision or negligent release decisions, unless a plaintiff can prove a specialized duty of care existed.