Florida
Florida earns a D– for its immunity and accountability practices.
quick facts
Can you sue for damages directly under the state constitution?
No.
Can you sue under a state civil rights statute?
No.
There is no Section 1983 analogue in Florida.
Can you sue under a state tort claims act?
Yes.
The State is liable for its employees’ negligence when employees act in bad faith, with malicious purpose, or with wanton and willful disregard of human rights, safety, or property. Officers may be personally liable if they act in bad faith.
Are there exceptions to the state tort claims act?
Yes.
The State is not liable for intentional torts. State employees are not liable for actions taken in good faith.
Non-Constitutional Tort Liability
Using its constitutional authority to abrogate sovereign immunity, the Florida legislature created an exclusive statutory remedy to recover damages from any “injury or loss of property, personal injury, or death” caused by the negligence of any employees of “the state or any of its agencies or subdivisions,” when that employee was acting within the scope of his or her employment. 1 That waiver covers “the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of the state, including state university boards of trustees; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Florida Space Authority.” 2
The State, its agencies, or its subdivisions are liable under §§ 768.28 et seq. only if an employee commits tortious conduct while acting within the scope of his or her employment and without bad faith, malicious purpose, or wanton and willful disregard of human rights, safety, or property. 3 An officer may be held personally liable, however, if he or she acts outside the scope of employment or in bad faith. 4
The statute provides that in the absence of a “further act of the Legislature,” the State’s liability is limited to $200,000 for a claim or judgment by one person and all claims or judgments arising out the same incident or occurrence may not exceed $300,000. 5 The Florida Supreme Court has interpretated “same incident or occurrence” to mean the “injury-causing event,” not every injury that occurs during a single event. 6 State entities can nevertheless choose to settle in excess of those caps without waiving further immunity or liability when the claim is covered by insurance. 7