Sovereign Immunity Blog | Sands, White & Sands, P.A.

Florida Third DCA holds that “mailbox rule” does not apply to statutory pre-suit notice to governmental entity under Fla. Stat. § 768.28(6); notice must be received “in hand” within three-year period June 16, 2022

On May 4, 2022, in Simmons v. Public Health Trust of Miami-Dade County, et al. No. 3D21-1388, the Florida Third DCA affirmed a summary judgment for the defendant, finding that the plaintiff failed to comply with the mandatory...

Florida Fourth DCA rules in wrongful death case that corporate private contractor providing security services for Broward County bus terminal was not entitled to absolute sovereign immunity, finding that absolute sovereign immunity under Fla. Stat. § 768.28(9) applies only to individuals June 16, 2022

On May 4, 2022, in Naso v. Hall and G4S Secure Solutions (USA) Inc., No. 4D21-1521, the Florida Fourth DCA reversed a trial court ruling in a wrongful death case which had granted the defendant company absolute sovereign immunity...

Florida Second DCA finds that Sheriff of Pinellas County was entitled to sovereign immunity protection from negligence lawsuit because decision not to include seatbelts in prisoner transport van was discretionary policy or planning level governmental function May 25, 2022

On March 30, 2022, in Gualtieri v. Pownall, et al., No. 2D20-3315, the Florida Second DCA concluded that a negligence claim against the Sheriff of Pinellas County was barred by the doctrine of sovereign immunity. The plaintiff was injured while under detention...

Florida Second DCA rules that defendant County in negligence lawsuit was entitled to sovereign immunity because allegedly negligent acts constituted “discretionary planning-level functions” rather than “acts at an operational level” May 25, 2022

On February 2, 2022, in Broward County v. Manarite, et al, the Florida Fourth DCA, No, 4D21-2328, the Florida Fourth DCA reversed a trial court order denying the defendant county’s motion to dismiss on sovereign immunity grounds a negligence lawsuit brought...

First DCA affirms Panama City Beach’s dismissal from negligence case based on sovereign immunity September 15, 2021

On August 9, 2021, in Wooden v. City of Panama City Beach, Florida, No. 1D20-1277, the Florida First DCA issued a per curiam affirmance of a trial court decision that the defendant Panama City Beach enjoyed sovereign immunity from a plaintiff’s...

Florida Second DCA rules that whether Sarasota County had unwritten contract with private hospitals and thereby waived sovereign immunity from liability for reimbursement of the costs of indigent care is a jury question not subject to summary judgment July 12, 2021

On June 16, 2021, in Sarasota County Public Hospital District and Sarasota County v. Venice HMA, LLC, et al., No. 2D19-3745, the Florida Second DCAdenied the defendant County’s certiorari petition for relief from the trial court’s...

Florida Fourth DCA rules that Broward County Sheriff and detention personnel were not protected by sovereign immunity for “operational level” actions allegedly resulting in harm to Broward County Jail inmate June 1, 2021

On May 5, 2021, in Williams v. Tony et al., No. 4D20-1342, the Florida Fourth DCA reversed the trial court’s dismissal of the lawsuit of a plaintiff who claimed he was the victim of negligence and excessive force by Broward County Sheriff’s Office detention officers at the Broward County Jail...

Florida First DCA rules that premises liability plaintiff’s failure to properly identify “appropriate agency” in presuit notice under Fla. Stat. § 768.28(6) constituted valid basis for summary judgment and reverses trial court’s denial of defendants’ summary judgment motions June 1, 2021

On May 12, 2021, in City of Jacksonville, et al. v. Boman, No. 1D20-658. The Florida First DCA reversed a trial court order which had denied the defendants’ motion for summary judgment in a premises liability case filed by a plaintiff who injured herself by falling into a manhole...

Florida Fourth DCA rules that security company hired by Broward County qualified as “state agency of subdivision” subject to $200.000/$300,000 sovereign immunity cap on tort liability June 1, 2021

On May 12, 2021, in Lovelace v. G4S Secure Solutions (USA), Inc., No. 4D20-1434, the Florida Fourth DCA affirmed a trial court’s decision that a security company working as an independent contractor for Broward County was entitled to sovereign immunity in a premises liability case involving an accident...

Florida Fourth DCA rules that high school basketball game was “operational level event” entitling defendant school board to sovereign immunity from lawsuit by student injured in crowd June 1, 2021

On May 19, 2021 in School Board of Broward County v. McCall, No. 4D19-104, the Florida Fourth DCA ruled that the defendant School Board was not liable for injuries sustained by a student when he fell while running with a crowd of spectators following a high school basketball game...

Eleventh Circuit Court of Appeals rules that state-controlled foreign bank was not entitled to statutory sovereign immunity from lawsuit in the United States, citing commercial activity exception in Foreign Sovereign Immunities Act January 8, 2021

On December 4, 2020, in R&R International Consulting, LLC, v. Banco Do Brasil, S.A., No. 19-12466, the Eleventh Circuit Court of Appeals ruled that a U.S. district court erred...

Eleventh Circuit Court of Appeals rules that State of Florida does not have sovereign immunity from lawsuit brought by the National Association of the Deaf to require captioning for live and archived videos of Florida legislative proceedings December 8, 2020

On November 10, 2020, in National Association of the Deaf, et al. v. State of Florida, et al., No. 18-12786, the Eleventh Circuit Court of Appeals affirmed a SDFL district court’s denial...

Florida Third DCA affirms trial court ruling that University of Miami is entitled to sovereign immunity in lawsuit alleging negligence of its employee doctor while he was providing medical services at Jackson Memorial Hospital November 18, 2020

On October 28, 2020, in Lazzari, et al., v. Guzman, et al. No. 3D19-597, the Florida Third DCA affirmed a trial court ruling in a medical negligence case that the University of Miami...

Florida First DCA rules that sovereign immunity barred claims against state entity arising under federal Uniformed Services Employment and Reemployment Rights Act of 1994 and Florida Uniformed Servicemembers Protection Act November 18, 2020

On October 9, 2020, in State of Florida v. Hightower, No. 1D19-227, the Florida First DCA ruled that sovereign immunity barred a private individual’s claims against the Florida Department of Highway Safety and Motor Vehicles...

Florida Supreme Court rules that Florida’s sovereign immunity cap on damages applies collectively to all victims in mass shooting because all injuries occurred as the result of the “same incident or occurrence” October 08, 2020

On September 24, 2020, in Barnett v. State of Florida, Department of Financial Services, et al., No SC19-87, the Florida Supreme Court ruled that multiple...

Florida Fourth DCA affirms trial court’s denial of defendant security guard's motion to dismiss on sovereign immunity grounds in wrongful death lawsuit arising from 2018 Stoneman Douglas High School shooting August 06, 2020

On July 1, 2020, in Medina v. Pollack, No. 4D19-777, the Florida Fourth DCA affirmed a trial court’s denial of the defendant’s motion to dismiss the complaint based on sovereign immunity ...

Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status May 12, 2020

On April 21, 2020, in Operations Management International, Inc. v. Johnson, No. 1D19-3393, the First DCA affirmed a trial court’s denial ...

Florida Fourth DCA rules that school resource officer on duty at time of mass shooting at Marjory Stoneman Douglas High School is not entitled to summary judgment on the grounds of qualified statutory immunity in parents’ wrongful death/negligence case January 17, 2020

On December 18, 2019, in Peterson v. Pollack, No. 4D19-431, the Florida Fourth DCA affirmed a trial court ruling denying the summary judgment motion ...

Florida First DCA rules that liability of law enforcement agency for injuries caused by motor vehicle pursuit requires proof of officer’s recklessness exceeding gross negligence July 1, 2019

On June 12, 2019, in Ross v. City of Jacksonville , No. 1D18-2994, the Florida First DCA considered as a matter of first impression the application of the current version of Section 768.28(9)(d), ...

Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by estranged father previously under DCF investigation, certifies issue to Florida Supreme Court February 18, 2019

On October 10, 2018, in State of Florida v. Barnett , No. 4D17-2840, the Florida Fourth DCA decided as a matter of first impression an issue involving the interpretation of section 768.28, Florida ...

Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning allocation of resources to provide security for park partygoers July 6, 2018

On April 25, 2018, in Sanchez v. Miami-Dade County , No. 3D16-959, the Florida Third DCA ruled that the defendant county had sovereign immunity under Fla. Stat. section 768.28(9) which barred the ...

Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity February 27, 2018

On February 23, 2018, in Florida Highway Patrol v. Jackson , No, 1D16-3940, dismissed the interlocutory appeal of a trial court order denying the defendant FHP’s summary judgment motion based on ...

Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract June 27, 2017

On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

Second District Court of Appeal reverses trial court's dismissal of plaintiff's complaint against City of Tampa for alleged failure to comply with sovereign entity pre-suit notice requirement February 8, 2017

On February 1, 2017, in Wilson v. City of Tampa , No, 2D15-3953, the 2nd DCA reversed a trial court's dismissal of the plaintiff's negligence complaint against City of Tampa because of the plaintiff's ...

Florida Supreme Court rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract February 8, 2017

On January 31, 2017, in Searcy, Denney, Scarola, Barnhart & Shipley v, State of Florida , No. SC15-1747, the Florida Supreme Court struck down the portion of a legislative Claims Bill that had sought ...

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