Florida Statutes
Fla. Stat. § 768.14 (2025)
Suit by state; waiver of sovereign immunity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1979–2025 · leading case: State ex rel. Manatee Cnty. ex rel. Manatee Cnty. Sheriff's Dep't v. Kruysman, 475 So. 2d 1007 (Fla. 2d DCA 1985).
State ex rel. Manatee Cnty. ex rel. Manatee Cnty. Sheriff's Dep't v. Kruysman, 475 So. 2d 1007 (Fla. 2d DCA 1985). “28(6)(a) which eliminates the requirement of filing a written claim in the case of a counterclaim authorized by section 768.14, Florida Statutes (1983). We find it unnecessary to decide whether suits by the state to which counterclaims may be filed under section 768.”
Smith v. City of Plantation, 19 F. Supp. 2d 1323 (S.D. Fla. 1998). “She claims that Officer Alu waived his sovereign immunity, pursuant to Fla.Stat. § 768.14, which provides that “[s]uit 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…”
Dep't of Transp. v. Burnette, 384 So. 2d 916 (Fla. 1st DCA 1980). “[7] Suit for damage, an available alternative at the election of the owner for wrongs committed to property, is not a substitute for condemnation, which requires valuation by a 12-person jury without the monetary limitations imposed by Florida Statutes § 768.14 on suits for…”
Whitney v. Marion Cnty. Hosp. Dist., 416 So. 2d 500 (Fla. 5th DCA 1982). “The provisions of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to § 768.14.”
Perez v. Miami Dade Water & Sewer Auth., 372 So. 2d 185 (Fla. 3d DCA 1979). “The provisions of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to section 768.14, Florida Statutes.” In our recent opinion in Scavella v.”
In Re the Complaint of Levenshon, 407 F. Supp. 2d 1349 (S.D. Fla. 2005). “Levenshon seeking damages pursuant to the Florida Wrongful Death Act, Fla. Stat. § 768.14 et seq. [D.E. 5], she also filed the instant motion to increase security on the MW Satori.”
Tania Almagro v. Sch. Bd. of Miami-Dade Cnty. (Fla. 3d DCA 2025). “(1967) (currently § 768.14, Fla. Stat.) (general law waiving sovereign immunity where state files suit in tort).”
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