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Sovereign Immunity

Sovereign Immunity

Florida Statute §768.28 discusses sovereign immunity waivers in the State of Florida.  Pursuant to the statute, the state of Florida and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as private individuals under like circumstances.  However, there are certain caveats to this statement.

First, the State of Florida shall not be liable for any punitive damages or interest for the period before judgment.  Additionally, the state and its agencies and subdivisions shall not be liable to pay a claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000.  Basically, this means that although the state has waived sovereign immunity for tort claims, the state has imposed a cap on damages of $200,000 for an individual and $300,000 total for a claim.