The 2023 Florida Statutes (including Special Session C)
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. . . The court ruled that Appellee was not liable for Appellant's injury under section 768.28(9)(d), Florida . . . Section 768.28(9) (d)(1), Florida Statutes. . . . The current version of section 768.28(9)(d) was enacted in 2006. Ch. 2006-234, Laws of Fla. . . . Thus, Appellee satisfied the first prong of section 768.28(9)(d), Florida Statutes. . . . Thus, Appellee also met its burden regarding the second prong under Section 768.28(9)(d)(2). . . .
. . . The City argues that the sovereign immunity waiver codified in section 768.28, Florida Statutes (2012 . . . City of Jacksonville , 403 So.2d 379, 385-86 (Fla. 1981) ("We note that section 768.28 also furthers . . . Fifth, the plain language of section 768.28's limited waiver of sovereign immunity does not apply to . . . See § 768.28, Fla. Stat. (1995). . . . Section 768.28 states that sovereign immunity for liability in tort is waived, but only to the extent . . .
. . . .; § 768.28 Fla. Stat. (1995) ). . . .
. . . . § 768.28(5) (waiving sovereign immunity and imposing tort liability on the state "in the same manner . . .
. . . first amended complaint, his presuit notice directed at the School Board "as required under Sec[tion] 768.28 . . . within the same allegation, the presuit notice directed to the School Board "as required under Sec[tion] 768.28 . . . Section 768.28(6), Florida Statutes (2007), sets forth a notice provision as a condition precedent to . . .
. . . . § 768.28(9)(a). . . .
. . . answer to Beanblossom's complaint alleged as to Count II that Beanblossom failed to comply with section 768.28 . . . an attempt to circumvent summary judgment and escape the effects of failing to comply with section 768.28 . . .
. . . In our opinion in the instant case, we narrowly construed section 768.28(5), Florida Statutes (2010), . . . COMMITTED BY A STATE AGENCY OR ACTOR, DOES THE LIMITATION ON THE WAIVER OF SOVEREIGN IMMUNITY IN SECTION 768.28 . . .
. . . . § 768.28(9)(a) (precluding personal liability in tort for state agents, employees, or officers unless . . . Stat. § 768.28(9)(a), precluding public officers from liability for official acts done in "bad faith" . . . her conduct did not rise to the level of "bad faith," she does not explain how the standard under § 768.28 . . .
. . . failed because it rested on the misconduct of individual officers and, pursuant to Florida Statute § 768.28 . . .
. . . And HCSO acknowledges that it is self-insured under Florida Statutes §§ 768.28(16) and 324.171. . . .
. . . claim" letter sent by Strickland's attorney on May 26, 2017, which stated that pursuant to section 768.28 . . .
. . . . § 768.28(9)(a) ; and then citing Dep't. of Educ. v. Roe , 679 So.2d 756, 759 (Fla. 1996) ). . . . Stat. § 768.28(6)(a). . . . Stat.] § 768.28." (Doc. 29, ¶¶ 51, 56.) . . .
. . . summary judgment based on claims of individual immunity from being named as a defendant under section 768.28 . . . of appellate procedure to allow for appeals "where an individual defendant who claims immunity under 768.28 . . . held that "an order denying summary judgment based on a claim of individual immunity under section 768.28 . . . of the denial of a motion for summary judgment based on a claim of individual immunity under section 768.28 . . . While I recognize that the Florida Supreme Court was addressing individual immunity under section 768.28 . . .
. . . - (ix) [No Change] (x) that, as a matter of law, a party is not entitled to immunity under section 768.28 . . .
. . . The County moves to dismiss the remaining state law claims as barred by Section 768.28(9)(a) of the Florida . . . Stat. § 768.28(9)(a). . . . Section 768.28(9)(a) will bar claims when the allegations "connote [ ] conduct much more reprehensible . . . Stat. § 768.28(9)(a)...bars claims for both intentional infliction of emotional distress and malicious . . . Stat. § 768.28(9)(a). . . .
. . . . § 1983 Civil Rights Complaint; and F.S. 768.28 Tort Complaint," in which he sought the reversal of . . .
. . . he is immune from Benoit's false arrest claim under Florida law pursuant to Florida Statute section 768.28 . . .
. . . The issue presented in this case is one of first impression involving section 768.28(5), Florida Statutes . . . a declaratory judgment, requesting the court to determine each of the fathers' rights under section 768.28 . . . The legislature did not define "incident or occurrence" in section 768.28(5). . . . Therefore, the Koikos analysis does not apply to section 768.28(5). . . . Although appellees' recoveries through a judgment may be substantially limited by section 768.28(5), . . .
. . . Under Florida Statute § 768.28(9)(a), state officers, employees, and agents are immune from state lawsuits . . . Stat. § 768.28(9)(a). . . . Fla. 2017) (quoting § 768.28(9)(a) ). . . . their employees' and agents' good faith actions taken in the course and scope of their employment. § 768.28 . . . Therefore, if Spicher was only negligent, then he is immune under § 768.28, but Woods, as the Sheriff . . .
. . . In Provident , this Court held that the statutory limitation of liability found in section 768.28, Florida . . .
. . . or after April 17, 1992, as an agent of the governmental contractor is an agent for purposes of s. 768.28 . . .
. . . Joseph also served "notice and official claims pursuant to Florida Statute 768.28 regarding waiver of . . . Florida Fair moved for partial summary judgment, claiming limited sovereign immunity under section 768.28 . . . acting as an instrumentality of the State, it is entitled to limited sovereign immunity under section 768.28 . . . And there is no dispute that the Florida State Fair is entitled to section 768.28's limited sovereign . . . To conclude that the Florida State Fair is entitled to the limited sovereign immunity in section 768.28 . . .
. . . Pursuant to its enactment of section 768.28, Florida Statutes, the Legislature has explicitly waived . . . Here, the FWC's sovereign immunity defense to Appellees' nuisance claims emanates from section 768.28 . . . Section 768.28(1) provides a broad waiver of sovereign immunity to the state and its subdivisions for . . . City of Tampa , 403 So.2d 1139, 1142 (Fla. 2d DCA 1981), explained that section 768.28 waives sovereign . . .
. . . dismiss Appellees' Fourth Amended Complaint on the grounds of individual immunity pursuant to section 768.28 . . . They moved to dismiss Appellees' Fourth Amended Complaint based on immunity under section 768.28(9)(a . . . orders that determine "that, as a matter of law, a party is not entitled to immunity under section 768.28 . . . that, as a matter of law, the County was not entitled to sovereign immunity or immunity under section 768.28 . . .
. . . Secs. 768.28(9) and (10)(f)." This appeal followed. . . . Id. § 768.28(9)(b) 2. . . . Id. § 768.28(10)(f). . . . Id. at 244 (citing § 768.28(9)(a), Fla. Stat.). . . . Section 768.28." . . .
. . . order that determines "that, as a matter of law, a party is not entitled to immunity under section 768.28 . . .
. . . of the denial of a motion for summary judgment based on a claim of individual immunity under section 768.28 . . . Keck, therefore, concluded that: [I]f a defendant who is entitled to the immunity granted in section 768.28 . . . summary judgment based on claims of individual immunity from being named as a defendant under section 768.28 . . . I recognize that in Keck the Florida Supreme Court was addressing individual immunity under section 768.28 . . . held that "an order denying summary judgment based on a claim of individual immunity under section 768.28 . . .
. . . Stat. § 768.28 (2011). . . . Stat. § 768.28 (2011). . . . Section 768.28 allows the state to be sued for torts "under circumstances in which the state or such . . . agency or subdivision, if a private person, would be liable." § 768.28(1). . . . Recovery, however, is capped at $100,000 per person or $200,000 per incident. § 768.28(5). . . .
. . . section 790.33 by operation of the limitation in the waiver of sovereign immunity contained in section 768.28 . . .
. . . moved for summary judgment in each case based on sovereign immunity under Florida Statutes section 768.28 . . . that, as a matter of law, the County was not entitled to sovereign immunity or immunity under section 768.28 . . . case granted the county's summary judgment motion, concluding that the county was immune under section 768.28 . . . dissent concluding under the facts of this case that the county had sovereign immunity under section 768.28 . . . entity remains sovereignly immune from suit notwithstanding the legislative waiver present in section 768.28 . . .
. . . See § 768.28, Fla. Stat. (2017). . . .
. . . summary judgment based on claims of individual immunity from being named as a defendant under section 768.28 . . . of appellate procedure to allow for appeals "where an individual defendant who claims immunity under 768.28 . . . of the denial of a motion for summary judgment based on a claim of individual immunity under section 768.28 . . . Keck, therefore, concluded that: [I]f a defendant who is entitled to the immunity granted in section 768.28 . . . While I recognize that the Florida Supreme Court was addressing individual immunity under section 768.28 . . .
. . . Consequently, according to the City, the claims are barred by section 768.28(9), Florida Statutes (2011 . . . Israel, 178 So.3d 444, 446 (Fla. 4th DCA 2015) ) ); see also § 768.28(2), Fla. . . . entity remains sovereignly immune from suit notwithstanding the legislative waiver present in section 768.28 . . .
. . . Stat. § 768.28(6)(a) (emphasis added). . . . Stat. § 768.28(6)(b). Strict compliance with Section 768.28(6) is required. Rumler v. . . . Stat. § 768.28(6)(a). . . . Stat. § 768.28(9)(a). (Doc. # 16 at 5-7). . . . Stat. § 768.28(9)(a). . . .
. . . The Court later analyzed the individual immunity protections of section 768.28(9)(a), Florida Statutes . . . such, the Court held that interlocutory review of orders denying the immunity protections of section 768.28 . . . non-final orders determining that "as a matter of law, a party is not entitled to" immunity under section 768.28 . . . of orders which determine as a matter of law that a party is not entitled to immunity under section 768.28 . . .
. . . These claims are not common law tort claims subject to the waiver of sovereign immunity in section 768.28 . . .
. . . See §§ 768.28(6)(a) and (b), Fla. . . .
. . . documents requested are privileged and not subject to production pursuant to Chapter 119 or section 768.28 . . . City responded that the documents requested were exempt from production under Chapter 119, section 768.28 . . . , the City properly claimed Records 1 and 2 as exempt based on the claims file exception in section 768.28 . . . are contained in the City’s risk management file and are, pursuant to the plain language of section 768.28 . . . other words, the court cannot find that although the documents are exempt from disclosure based on 768.28 . . .
. . . ASAs in their individual capacities fall within Florida’s limited waiver of sovereign immunity, see § 768.28 . . .
. . . quashed our decision in Green, determining that the four-year statute of limitations under section 768.28 . . .
. . . . § 768.28(1) (waiving sovereign immunity in tort actions for the negligent or wrongful acts of employees . . . The existence of § 768.28 provides Loor with a meaningful, post-deprivation remedy to challenge the loss . . .
. . . . § 768.28(9)(a). . . .
. . . Stat; § 768.28. . . .
. . . limitations for prisoners bringing suit under , section 95.11(5)(g) applied, as opposed to section 768.28 . . . So.3d 22 (Fla. 2016), the supreme court holding that the four-year statute of limitations in section 768.28 . . .
. . . enjoyed a sovereign immunity damages limitation of $200,000 per incident or occurrence under section 768.28 . . . However, section 768.28(5) permits a claimant to seek recovery of a judgment exceeding this amount from . . . Attorney’s fees under section 768.28 are limited to “25 percent of any judgment or settlement.” § 768.28 . . . against governmental entities, citing the twenty-five percent contingency fee limitation of section 768.28 . . . In pertinent part, section 768.28(5) provides: Neither the state nor its agencies or subdivisions shall . . .
. . . . § 768.28, Fla. Stat. (2007). Kalitan, 174 So.3d at 405-07. . . .
. . . forum non conveniens; (x) that, as a matter of law, a party is not entitled to immunity under section 768.28 . . .
. . . . § 768.28(2). . . . Stat. § 768.28(1). . . .
. . . Stat. § 768.28(6)(a). . . . Plaintiffs’ claim under the FEEA is not subject to § 768.28(6)(a)’s- pre-suit notice requirement. . . . (6), it has made its intent clear by enacting provisions explicating stating that 768.28(6) applies.” . . . In addition, Florida courts have rejected application of § 768.28(6) to remedial civil rights statutes . . . But Plaintiff argues, and the Court agrees, that § 768.28 does not apply to the FEEA claim. . . .
. . . Section 768.28(5), Florida Statutes, “waived sovereign immunity for the State, its agencies, and its . . . Stat. § 768.28(5)). . . . entity remains sovereignly immune from suit notwithstanding the legislative waiver present in section 768.28 . . . summary judgment as to Plaintiffs negligent infliction of emotional distress claim based on section 768.28 . . . failed to present any evidence demonstrating that Canela acted with the requisite intent under section 768.28 . . .
. . . It argues that because section 768.28(9)(a) of the Florida Statutes provides that states are immune from . . . Fla. 2001) (rejecting a state agent’s assertion of immunity under section 768.28(9)(a) in response to . . . Stat. § 768.28(9)(a). . . . Courts construing the bad faith prong of section 768.28 use the actual malice standard, Parker v. . . . Generally, courts are reluctant to strip officers of their immunity under section 768.28(9)(a) of the . . .
. . . that, as a matter of law, the County was not entitled to sovereign immunity or immunity under section 768.28 . . . forum non conveniens; (x) that, as a matter of law, a party is not entitled to immunity under section 768.28 . . . matter of law, is not entitled to sovereign immunity, or is not entitled to immunity under section 768.28 . . . of the denial of a motion for summary judgment based on a claim of individual immunity under section 768.28 . . . orders which determine that a party, as a matter of law, is not entitled to immunity under section 768.28 . . .
. . . . § 768.28(5) and the language of the self-insured retention limit (SIRL) contained in an endorsement . . . I We begin with the text of § 768.28(5) as it existed at the time of the deadly accident, because it . . . The County requested a ruling that § 768.28(5) gave it statutory authority to settle the action filed . . . Given the language of § 768.28(5), the County could settle Mr. . . . Dominguez argued that § 768.28(5) trumped the language in Star’s policy. . . .
. . . Wilson failed to comply with the statutory requirement of pre-suit notice demanded by section 768.28( . . . matter of law by determining that her presuit notice did not comport with the requirements of section 768.28 . . . Wilson’s complaint asserted that she properly filed the notice of claim as required by section 768.28 . . . III.SECTION 768.28 Section 768.28 is entitled, in part, “Waiver of sovereign immunity” and provides the . . . PREVIOUS INTERPRETATIONS OF SECTION 768.28 We would be remiss if we did not observe that over the years . . .
. . . court certified the following question to be of great public importance: AFTER THE ENACTMENT OF SECTION 768.28 . . . the law firm for attorneys’ fees, which may be recovered subject to the limits set forth in section 768.28 . . . Because the waiver of sovereign immunity in section 768.28 limited the family's recovery to only $200,000 . . . Section 768.28(8), a provision of the limited waiver of sovereign immunity statute, states in pertinent . . . We are also called upon in this case to interpret the provisions of section 768.28, Florida Statutes. . . . The enactment of section 768.28, Florida Statutes, has in no way undermined the reasoning of Gamble, . . . The Legislature’s action in adopting section 768.28 did not curtail the constitutional authority of the . . . The amount paid by Lee Memorial Health System pursuant to s. 768.28, Florida Statutes, and the amount . . .
. . . . § 768.28(2). . . .
. . . The district court noted that section 768.28, enacted in 1973, applies to “[e]very claim against the . . . See § 768.28(14), Fla. Stat. . . . See § 768.28(2), Fla. Stat. . . . Instead, the four-year statute of limitations in section 768.28(14) governs. . . . Instead, the four-year statute of limitations in. section 768.28(14) governed. . . .
. . . complaint below, asserting several affirmative defenses, including sovereign immunity pursuant to section 768.28 . . . place him beyond the protection of sovereign immunity and render him personally liable under section 768.28 . . . Sovereign Immunity and Personal Liability We begin with the sovereign immunity statute, section 768.28 . . . negligence as to Baez can be established only if, as alleged in Count II and as required by section 768.28 . . .
. . . Legislature has - expressly provided for limited waiver of sovereign immunity in tort through section 768.28 . . . Section 768.28(1) provides for the waiver by “the-state, for itself and for its agencies dr subdivisions . . . Section 768.28(2) defines “state agencies or subdivisions” as including “counties and municipalities. . . .
. . . Finally, to the extent that Caldwell claims the Legislature waived sovereign immunity under section 768.28 . . .
. . . services with PCSO, filed a motion for summary judgment based on limited sovereign immunity under section 768.28 . . . Section 768.28(9)(a) provides for sovereign immunity from tort actions for any “officer, employee, or . . . Section 768.28(5), however, provides for a limited waiver of this sovereign immunity. Plancher v. . . . as private individuals, but liability does not include punitive damages or prejudgment interest. § 768.28 . . . defined to include “corporations primarily acting as instrumentalities or agencies of the state.” § 768.28 . . .
. . . shallmust be served within 20 days after service of the answer. (2)(A) Except when sued pursuant to section 768.28 . . . (B) When sued pursuant to section 768.28, Florida Statutes, the Department of Financial Services or the . . .
. . . on the basis of qualified immunity under federal law and individual statutory immunity under section 768.28 . . . Stat. § 768.28(9)(a). . . .
. . . . § 768.28). Keck is instructive. . . . Keck held that individual immunity granted to government employees under Florida Statutes § 768.28(9) . . . In so holding, Keck relied on the plain language of § 768.28(9)(a), which states that a government employee . . . to propose an amendment authorizing review of non-final orders denying individual immunity under § 768.28 . . . was adopted authorizes review of non-final orders denying individual or sovereign immunity under § 768.28 . . .
. . . DeBellis acted with malicious purpose and is therefore not entitled to sovereign immunity under Section 768.28 . . . Under Section 768.28(9)(a), an officer, employee, or agent of the state may not be held personally liable . . . Stat. § 768.28(9)(a). De-Bellis was clearly operating within the scope of his employment. . . . City of Orlando, 929 So.2d 43, 48 (Fla. 5th DCA 2006) (holding that “the benefit of [Section 768.28(9 . . .
. . . Florida Statute § 768.28(9)(a) provides Florida municipalities sovereign immunity fi’om liability arising . . . Stat. § 768.28(9)(a); Keck v. Eminisor, 104 So.3d 359, 366 (Fla. 2012). . . . Recognizing § 768.28(9)(a)’s protection, the City of Rockledge raised this statute’s sovereign-immunity . . . In response to the City’s motion, Bussey-Mor-ice made no attempt to argue that § 768.28(9)(a) was inapplicable . . . maliciously”—a category of conduct that when alleged, automatically implicates sovereign immunity under § 768.28 . . .
. . . Stat, § 768.28(9)(a). . . . App. 1985) (officers not entitled to immunity under § 768.28(9)(a) when they used fraud or corrupt means . . .
. . . ’s total recovery was limited by the $100,000 waiver of sovereign immunity cap set forth in section 768.28 . . . against “the state 'arid its agencies and subdivisions” based on the limitations set forth iri section 768.28 . . . Section 768.28(5) grants a limited waiver of sovereign immunity against the state and its entities, and . . . reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature. § 768.28 . . . Effective to claims arising on or after October 1, 2011, this amount was increased to $200,000. § 768.28 . . .
. . . dismiss claiming (1) the Appellants had failed to comply with the pre-suit requirements of section 768.28 . . .
. . . See § 768.28(9), Fla. Stat. (2012). Dr. . . . Miami-Dade Cty., 117 So.3d 400, 405 (Fla.2013) (holding that even though section 768.28(9)(a) provides . . .
. . . As previously noted, “[s]ection 768.28(9)(a) [Fla. . . . Stat. § 768.28. Compl. ¶¶ 4, 51. . . . Stat. § 768.28(9)(a). . . . Stat. § 768.28(9)(a); McNayr v. . . . Stat. 768.28(6)(a). See Aitcheson v. Fla. . . .
. . . Sovereign Immunity Section 768.28 of the Florida statutes is Florida’s waiver of sovereign immunity from . . . Stat. § 768.28(9)(a). . . . reprehensible and unacceptable than a mere intentional tort.”)- The reference to “bad faith” in section 768.28 . . .
. . . Sinrod, 90 So.3d 852 (Fla. 4th DCA 2012), we reviewed section 95.11(7)’s application to section 768.28 . . . We held that section 768.28(14)’s time limitation' for negligent tort claims against state agencies controlled . . .
. . . negligence action with prejudice based on the passage of time and the limitations period set out in section 768.28 . . . of limitations in section 95.11(3)(a), Florida Statutes, and that the action “complies with Section \768.28 . . . Williams failed to comply with section 768.28(6), and failed to provide any information to the-.City’ . . . Williams failed to comply with the pre-suit notice required by section 768.28, that the passage of time . . . “A bar based on accrual and alleged untimeliness, whether under section 768.28(6) or [the applicable . . .
. . . entity remains sovereignly immune from suit notwithstanding the legislative waiver present in section 768.28 . . .
. . . Nelson failed to sufficiently allege compliance with the notice requirements of section 768.28, Florida . . . a claim may only be filed if the claimant complies with the notice requirements set out in section 768.28 . . . claim in writing to the Department of Financial Services, within 3 years after such claim accrues.” § 768.28 . . . The notice requirement is a condition precedent to maintaining the action, § 768.28(6)(b), and compliance . . . complaint alleged as to notice: “Plaintiff notified the Defendant of her fall as requested by F.S. § 768.28 . . .
. . . forum non conveniens; (x) that, as a matter of law, a party is not entitled to immunity under section 768.28 . . .
. . . IF SO, IS DOT’S LIABILITY UNDER THE CROSSING AGREEMENT LIMITED BY SECTION 768.28(5), FLORIDA STATUTES . . . IF SO, IS DOT’S LIABILITY UNDER THE CROSSING AGREEMENT LIMITED BY SECTION 768.28(5), FLORIDA STATUTES . . . We noted that the Legislature, in section 768.28, Florida Statutes, waived sovereign immunity in tort . . . City of Treasure Island, 796 So.2d 481, 486 (Fla.2001) (refusing to apply section 768.28 to restrict . . . Here, the plain language of this subsection indicates that it applies only to tort claims. § 768.28(5 . . .
. . . Mar. 9, 2011), and that Florida’s waiver of sovereign immunity found in Section 768.28 of the Florida . . . Stat., § 768.28(9)(a) (2015) (emphasis added). . . . “In applying Section 768.28(9)(a) on a motion to dismiss, Florida courts look to see whether the face . . . Stat., § 768.28(6)(a) (2015). . . . Here, the FAC fails to allege compliance with Section 768.28(6)(a). . . .
. . . S.A.P., for example, the court held that the state can be equitably estopped from asserting section 768.28 . . . In reaching that conclusion, the court characterized section 768.28(13) as a “conventional statute of . . .
. . . sovereign immunity and, alternatively, failure to comply with the presuit notice requirements of section 768.28 . . . the School Board’s challenge to the sufficiency of the notice the City provided pursuant to section 768.28 . . .
. . . The Legislature enacted section 768.28, Florida Statutes, to provide for a limited waiver of the state . . . Bowden, 737 So.2d 532, 534-35 (Fla.1999); see also § 768.28(1), (5), Fla. Stat. (2008). . . .
. . . See § 768.28(9)(a), Fla. Stat. (2007). . Fabre v. . . .
. . . . § 768.28(9)(a). . . . malice, bad faith, and wanton and willful disregard, his state law claims do not sufficiently overcome § 768.28 . . . Thrasher acted with the requisite bad faith, malice, and wanton and willful disregard needed to overcome § 768.28 . . . Florida courts have held that bad faith, malice, and wanton and willful disregard language found in § 768.28 . . . did not err in dismissing O’Boyle’s state law claims for failure to overcome the immunity found in § 768.28 . . .
. . . Under section 768.28(6)(a), Florida Statutes, he was required to present his claim in writing before . . .
. . . a determination, as a matter of law, that a party is not entitled to either immunity under section 768.28 . . .
. . . claims, he moved for summary judgment on the ground of individual immunity under Florida Statute § 768.28 . . . We have not yet considered whether an order denying immunity under Florida Statute § 768.28(9)(a) is . . . Stat. § 768.28(9)(a) (emphasis added). . . . Immunity under § 768.28(9)(a) As quoted above, § 768.28(9)(a) protects an officer from personal liability . . . Stat. § 768.28(9)(a). . . .
. . . . § 768.28(9)(a). Two portions of the statute are relevant. . . . Stat. 768.28(9)(a). . . . Stat. 768.28(9)(a). . . . Stat. § 768.28(5). D. . . . Stat. § 768.28(5). E. . . .
. . . Florida Statute section 768.28—the statute governing waiver of sovereign immunity— provides: The -state . . . StAt. § 768.28(9)(a). . . .
. . . dismiss on the basis that Appellee Ma-chen is immune from liability for damages pursuant to sections 768.28 . . . It concluded that neither section 768.28 nor organic law provided Machen with immunity from declaratory . . . As the supreme court has set forth, “[S]eetion 768.28 ... applies only when, the governmental entity . . . We also note that section 790.33 makes no mention or citation to section 768.28. . . . (5), but not to section 768.28(8), indicated that the Legislature did not intend for section 768.28(8 . . .
. . . summary judgment is not irreparable because, by virtue of the waiver of sovereign immunity in section 768.28 . . .
. . . Importance and certify the following question to the Florida Supreme Court: AFTER THE ENACTMENT OF SECTION 768.28 . . .
. . . District Court of Appeal held that the four-year statute of limitations period set forth in section 768.28 . . . Appellant alleges the four-year statute of limitations period outlined in section 768.28(14), Florida . . . The more general four-year statute of limitations period outlined in section 768.28(14) applies to “[ . . . Section 768.28(14) is more general because it applies to any claims “against the state or one of its . . . agencies or subdivisions for damages for a negligent or wrongful act or omission.” § 768.28(14), Fla. . . .
. . . See § 768.28(9)(a), Fla. Stat. (2014); see also Aravena v. . . . Instead, pursuant to section 768.28(9)(a), it is being sued as a surrogate defendant based on the negligent . . .
. . . The petition premised this request on a 25% fee cap provision in section 768.28(8) and on the argument . . . City of Jacksonville, 403 So.2d 379, 381 n. 5 (Fla.1981), • Section 768.28, Florida Statutes, is the . . . Id, Subsection 768.28(8) of the same statute states that “[n]o attorney may charge, demand, receive, . . . The Treatment of Section 768.28(8) by Florida Courts Shortly after the enactment of section 768.28, the . . . A claims bill, both before and after the enactment of section 768.28, is a “voluntary recognition of . . . Because of the enactment of section 768.28, which now requires that aggrieved individuals first invoke . . . Legal Background Pursuant to Article X, section 13 of the Florida Constitution, section 768.28, Florida . . . Stated another way, section 768.28 is" the state’s consent to be sued. . . . Pertinent to the issues at hand, section 768.28 provided, and continues to provide: a limited waiver . . . The Noels received $200,000, consistent with section 768.28(5)’s damages cap. . . . The -premise of the dissent is that by enacting section 768.28, Florida Statutes, the legislature altered . . .
. . . . § 768.28(9)(a) — which provides that the State and its subdivisions “shall not be liable in tort for . . . infliction of emotional distress claim “would at least constitute willful and wanton conduct” under § 768.28 . . . Servs., 695 So.2d 927, 930 (Fla. 2d DCA 1997) (citing several cases for the proposition that “[s]ection 768.28 . . .
. . . . § 768.28, Fla. Stat. (2007). The instant appeals followed. III. Estate of McCall v. . . .
. . . . § 768.28(1), but “[a]n action may not be instituted on a claim ... unless the claimant presents the . . . agency, and ... to the Department of Financial Services within 3 years after such claim accrues,” id. § 768.28 . . . Id. § 768.28(6)(b); see Pub. Health Trust of Miami-Dade Cnty. v. . . .
. . . summary judgment, which had argued that UCFAA is entitled to limited sovereign immunity under section 768.28 . . . Section 768.28 provides a waiver of sovereign immunity in tort actions but only to a specified extent . . . Pursuant to section 768.28(5), Florida Statutes (2008), “[t]he state and its agencies and subdivisions . . . And “all parties agree[d] that JTA falls within the definition of a,state agency” under section 768.28 . . . See § 768.28(5), Fla. Stat. It is so ordered. . . .