Sovereign immunity
Florida law, like the law of almost all of the states, is based upon English common law. Our law in Florida was derived from the law that existed many years ago in England. Under English common law the king could not be sued because under the law it was assumed that the king could do no wrong.
The doctrine of sovereign immunity holds that the State of Florida, like the king in English common law, cannot be sued without a specific statute that allows such suits. In Florida that statute is Fla. Stat. 768.28, which waives sovereign immunity in negligence actions but sets a limit on what can be recovered. The law of sovereign immunity applies to the State itself as well as any of its subdivisions, which would include the counties as well as any state agencies including the Executive Department, the Legislature, the judicial branch including all public defenders, and all state universities, municipalities, and corporations acting on behalf of the State.
The above statute waives sovereign immunity but with limitations. The State can be sued just like a private person but cannot be sued for punitive damage, prejudgment interest and the State or its subdivisions are not liable above the sum of $200,000. With respect to any claim or judgment Ted Babbitt
Babbitt and Johnson, P.A. and if there are multiple plaintiffs suing for the same act, the total the State or its subdivisions can be responsible for is $300,000. When the State or its subdivisions are sued, the jury does not know about these monetary limitations so a judgment can far exceed the amounts for which they are actually responsible. The law is, however, that only the amounts indicated above can be collected without a special act of the Legislature. Thus if a judgment is obtained in excess of $200,000 by any person, the only way the balance of the judgment beyond this amount can be recovered is by making a request to the Legislature that a special act be passed requiring the subdivision of the State to pay the plaintiff the balance of the judgment obtained against the State or its subdivision.
Theodore Babbitt is senior partner in the law firm of Babbitt & Johnson, P.A., and is a member of the Inner Circle of Advocates, which is limited to the top 100 personal injury lawyers in the United States.