What Notice Is Required before Suing a Florida Government Entity?

Some claims have shorter deadlines. A claim for contribution must be presented within 6 months after the relevant judgment becomes final or the common liability is paid or agreed to be paid. A wrongful death claim must be presented to the Department of Financial Services within 2 years after it accrues.

Silence can count as a denial. If the agency or the Department of Financial Services does not make final disposition of a claim within 6 months after it is filed, the claim is deemed denied. For medical malpractice and wrongful death claims, that period is 90 days. Notice and denial are conditions precedent to the lawsuit, not elements of the claim, and they do not change when the claim accrued.

The claim also carries identifying details. An individual claimant provides a date and place of birth and a social security number, and other claimants provide a federal identification number. The claimant must also list certain unpaid adjudicated amounts over $200 owed to the state, or state that none exist.

The complaint itself generally must be filed within 4 years after the claim accrues. Payment by the government is limited to $200,000 per person and $300,000 per incident, without punitive damages or interest before judgment, although amounts above those limits may be reported to the Legislature. The time to respond to a lawsuit is covered in what happens if a Florida lawsuit is not answered.