claimant presents claim in Florida

2014According to section 768.28(6)(a): An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing The notice requirement is a condition precedent to maintaining an action. § 768.28(6)(b). “[T

2013The notice requirements “are conditions precedent to maintaining an action.... ” Id. at § 768.28(6)(b). “[T]he purpose of the notice requirement is to provide the State and its agencies sufficient notice of claims filed against them and time to investigate and respond to those claims.” Cunningham v. Florida Dept, of Children and Families, 782 So.2d 913, 915 (Fla. 1st DCA 2001) (citing Metro.

2022Further, because section 768.28(6) is part of a statutory waiver of sovereign immunity, “it must be strictly construed.” Levine, 442 So. 2d at 212 ; Menendez v. North Broward Hosp.

2005Bd., 442 So.2d 210, 212 (Fla.1983) (holding that under section 768.28 a plaintiff may not maintain an action against a state agency unless he presents written notice of a claim to the DOI despite the DOI having “no interest or role in the proceedings other than to report claims to the legislature.”).

2024Dist., 537 So. 2d 89, 90 (Fla. 1988) (“Under section 768.28(6), not only must the notice be given before a suit may be maintained, but also the complaint must contain an allegation of such notice.”) See also § 768.28(9)(a), Fla. Stat. (2022) (providing in part: “An officer, employee, or agent of the state or of any of its subdivisions may not be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent

2024Dist., 537 So. 2d 89, 90 (Fla. 1988) (“Under section 768.28(6), not only must the notice be given before a suit may be maintained, but also the complaint must contain an allegation of such notice.”) See also § 768.28(9)(a), Fla. Stat. (2022) (providing in part: “An officer, employee, or agent of the state or of any of its subdivisions may not be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent

2014According to section 768.28(6)(a): An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing The notice requirement is a condition precedent to maintaining an action. § 768.28(6)(b). “[T

2008See Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010, 1015-16 (Fla.1979). [3] Although not legally determinative, it appears that Ms. Lederer also believed that the OUC was a municipal agency, and not a municipal department, as argued on appeal, since she filed the instant lawsuit only against the OUC and not the City.

2001See Wall v. Palm Beach County, 743 So.2d 44, 44-45 (Fla. 4th DCA 1999).