Hurt on City or County Property: Florida's Notice-of-Claim Rules

Falls on a broken city sidewalk, in a county library, at a public park, or in a government-owned parking garage are handled differently from falls at a private business. Florida's government entities are protected by sovereign immunity, and section 768.28, Florida Statutes, waives that immunity only if you follow specific steps. Missing a step can end the claim.

Government Can Be Liable, Within Limits

Section 768.28(5)(a) provides that 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." Section 768.28(2) defines "state agencies or subdivisions" to include "counties and municipalities," so the statute covers places like Miami-Dade County facilities and City of Miami property.

Step 1: Written Notice of the Claim

Under section 768.28(6)(a), a lawsuit may not be filed unless the claimant first "presents the claim in writing to the appropriate agency." It must also be presented to the Florida Department of Financial Services, "except as to any claim against a municipality, county, or the Florida Space Authority." The notice must be presented "within 3 years after such claim accrues." For wrongful death, the claim must be presented in writing to the Department of Financial Services within 2 years.

Section 768.28(6)(c) also requires the claimant to give the agency his or her date and place of birth and Social Security number, along with information about certain unpaid judgments or penalties owed to the state of more than $200.

Step 2: Wait for a Decision

The agency gets time to investigate. Under section 768.28(6)(d), if the agency or Department does not make a final disposition within 6 months after the claim is filed, the claim is deemed denied. In medical malpractice and wrongful death actions, the period is 90 days.

Step 3: File Suit Within 4 Years

Section 768.28(14) says every claim under the statute "shall be forever barred unless the civil action is commenced ... within 4 years after such claim accrues." There is an exception: wrongful death and medical malpractice actions "must be commenced within the limitations for such actions in s. 95.11(5)," which is generally 2 years for wrongful death.

Damages Caps

Section 768.28(5)(a) limits what the government pays on a claim or judgment to $200,000 for any one person, and $300,000 in total for all claims arising out of the same incident. A judgment may be entered for more, but the amount above the caps may be paid only if the Legislature approves it.

Employees Usually Are Not Sued Personally

Under section 768.28(9)(a), a government officer, employee, or agent generally may not be held personally liable or named as a defendant for acts within the scope of employment, "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." The claim is normally against the agency.

Who Owns the Sidewalk?

Identifying the right government entity is often the hardest part. A sidewalk may be maintained by the city, the county, or the state, or by an adjacent private owner. A bus stop, a transit station, and a public school each may involve a different agency. Notice sent to the wrong entity can cost valuable time. For more on sidewalk falls, see our sidewalk trip and fall guide.

Practical Steps

• Photograph the defect with something for scale (a coin, a shoe, a tape measure), plus wide shots showing the exact location.
• Note nearby addresses, pole numbers, or landmarks.
• Report the fall to the facility or agency, and get a copy of any report.
• Talk to a lawyer early. The 3-year notice period is the outer limit, and evidence fades long before then.

For how these rules fit with Florida's other deadlines, see Florida's two-year deadline for premises injury claims.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: How long do I have to give notice of a claim against a Florida city or county?

Under section 768.28(6)(a), Florida Statutes, the claim must be presented in writing to the appropriate agency within 3 years after the claim accrues. Claims against municipalities and counties do not also have to be presented to the Department of Financial Services.

Q: How long does the government have to respond to my claim?

Under section 768.28(6)(d), if there is no final disposition within 6 months after the claim is filed, it is deemed denied. In wrongful death and medical malpractice actions, the period is 90 days.

Q: Is there a cap on what the government pays in Florida?

Yes. Section 768.28(5)(a) limits payment to $200,000 per person and $300,000 per incident. Amounts above that may be paid only with legislative approval.

Q: What is the deadline to sue a Florida government agency for an injury?

Generally 4 years after the claim accrues under section 768.28(14). Wrongful death and medical malpractice actions follow the shorter deadlines in section 95.11(5).

Sources

• Section 768.28, Florida Statutes (2026) — waiver of sovereign immunity; subsections (2), (5)(a), (6), (9)(a), and (14)
• Section 95.11, Florida Statutes (2026) — limitations; subsection (5)

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.