The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.14

768.14 Suit by state; waiver of sovereign immunity.—Suit by the state or any of its agencies or subdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability and suit for damages in tort to the extent of permitting the defendant to counterclaim for damages resulting from the same transaction or occurrence.

History.—s. 1, ch. 67-2204.

F.S. 768.14 on Google Scholar

F.S. 768.14 on Casetext

Amendments to 768.14

Arrestable Offenses / Crimes under Fla. Stat. 768.14

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.14.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In COMPLAINT OF IRA LEVENSHON, 407 F. Supp. 2d 1349 (S.D. Fla. 2005)

. . . . § 768.14 et seq. . . .

SMITH, v. CITY OF PLANTATION, SMITH, v. CITY OF PLANTATION,, 19 F. Supp. 2d 1323 (S.D. Fla. 1998)

. . . . § 768.14, which provides that “[s]uit by the state or any of its agencies or subdivisions to recover . . . Fla.Stat. § 768.14. . . . Smith has not established that, as a matter of law, Fla.Stat. § 768.14 applies to officers of the state . . .

PIREZ, Jr. v. BRESCHER,, 584 So. 2d 993 (Fla. 1991)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

ORANGE COUNTY, v. P. GIPSON,, 548 So. 2d 658 (Fla. 1989)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

ORANGE COUNTY, v. P. GIPSON,, 539 So. 2d 526 (Fla. Dist. Ct. App. 1989)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

MAJETTE, v. A. BUTTERWORTH,, 699 F. Supp. 882 (S.D. Fla. 1988)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

MENENDEZ, v. NORTH BROWARD HOSPITAL DISTRICT,, 515 So. 2d 1377 (Fla. Dist. Ct. App. 1987)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

MAJETTE, v. O CONNOR,, 811 F.2d 1416 (11th Cir. 1987)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

In FORFEITURE OF GREEN DATSUN PICKUP TRUCK, VIN No. WPN- STATE MANATEE COUNTY MANATEE COUNTY SHERIFF S DEPARTMENT, v. KRUYSMAN,, 475 So. 2d 1007 (Fla. Dist. Ct. App. 1985)

. . . eliminates the requirement of filing a written claim in the case of a counterclaim authorized by section 768.14 . . . unnecessary to decide whether suits by the state to which counterclaims may be filed under section 768.14 . . .

LEE, v. SOUTH BROWARD HOSPITAL DISTRICT d b a, 473 So. 2d 1322 (Fla. Dist. Ct. App. 1985)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

ASHLEY, v. LAMAR, O, 468 So. 2d 433 (Fla. Dist. Ct. App. 1985)

. . . provisions of this subsection do not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

W. ASKEW, v. COUNTY OF VOLUSIA,, 450 So. 2d 233 (Fla. Dist. Ct. App. 1984)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

MROWCZYNSKI, v. VIZENTHAL,, 445 So. 2d 1099 (Fla. Dist. Ct. App. 1984)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

LEVINE, v. DADE COUNTY SCHOOL BOARD,, 442 So. 2d 210 (Fla. 1983)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

LEVINE, v. DADE COUNTY SCHOOL BOARD,, 419 So. 2d 808 (Fla. Dist. Ct. App. 1982)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

C. H. O DONNELL, v. BROWARD COUNTY, a, 417 So. 2d 1043 (Fla. Dist. Ct. App. 1982)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

E. WHITNEY J. v. MARION COUNTY HOSPITAL DISTRICT, a d b a d b a L. M. D. P. A. a P. A. s G. D., 416 So. 2d 500 (Fla. Dist. Ct. App. 1982)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to § 768.14 . . .

EAGLE FAMILY DISCOUNT STORES, INC. f u b o v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, a, 403 So. 2d 558 (Fla. Dist. Ct. App. 1981)

. . . Eagle’s primary contention on appeal is that Sections 768.28(6) and 768.14, Florida Statutes (1975), . . . tort actions; recovery limits; limitation on attorney fees; statute of limitation; and exclusions. . 768.14 . . .

H. v., 77 T.C. 468 (T.C. 1981)

. . . 2,486.20 8,180.00 483.60 2,108.00 10,288.00 105.40 10,182.60 Tractor B 2,644.39 4,559.00 2,644.39 2,584.00 768.14 . . .

E. BEARD, R. R. L. v. T. HAMBRICK, T. a a Jr. a a a, 396 So. 2d 708 (Fla. 1981)

. . . of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to s. 768.14 . . .

DEPARTMENT OF TRANSPORTATION, v. B. BURNETTE, 384 So. 2d 916 (Fla. Dist. Ct. App. 1980)

. . . requires valuation by a 12-person jury without the monetary limitations imposed by Florida Statutes § 768.14 . . .

PEREZ v. MIAMI DADE WATER SEWER AUTHORITY, a, 372 So. 2d 185 (Fla. Dist. Ct. App. 1979)

. . . this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to section 768.14 . . .

SCHRANK, v. BLISS,, 412 F. Supp. 28 (M.D. Fla. 1976)

. . . Secs. 768.14; 768.151; 768.28 (Supp. 1974). . Fla.Stat. Sec. 112.532(1)-(5) (Supp.1974). . . . .

DU PONT v. DEPUTY,, 23 F. Supp. 33 (D. Del. 1938)

. . . form of securities, cash balances as follows: In the First Trust, $5,992.53; in the Second Trust, $768.14 . . .