Understanding Sovereign Immunity and Its Limits in Florida School Injury Cases

When a child is hurt at school, parents often assume the district will simply answer for it. In reality, public schools in Florida are government bodies, and suing a government body works differently than suing a private business. Sovereign immunity sets the ground rules, and missing a step can end a valid claim before it begins. Our Tampa school injury attorneys at Moore Law explain the key limits below.

What Sovereign Immunity Means

Sovereign immunity is the principle that the government cannot be sued unless it agrees to be. Florida has agreed in part. Section 768.28(1) of the Florida Statutes waives immunity for injury or loss caused by the negligent or wrongful act of an employee acting within the scope of employment, under circumstances where a private person would be liable. A school board that fails to supervise students properly, for example, can be held responsible in a way a private party could.

The Limits That Matter Most

Section 768.28 comes with several important restrictions:

• Damage caps: Under subsection (5)(a), a government entity is not required to pay more than $200,000 to one person, or more than $300,000 for all claims arising from the same incident.
• No punitive damages or pre-judgment interest: The same subsection excludes both.
• Amounts above the cap: A court may enter a larger judgment, but the excess can be paid only through further action of the Legislature.
• Attorney fees: Subsection (8) limits attorney fees to 25 percent of any judgment or settlement.
• Individual employees: Under subsection (9), an employee generally cannot be sued personally unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard of human rights or safety.

A bill to raise these caps, HB 145, passed the Legislature in 2026 but was vetoed on June 30, 2026, so the $200,000 and $300,000 limits remain in place.

Notice Comes Before the Lawsuit

Subsection (6)(a) requires a claimant to present the claim in writing to the agency, and generally to the Department of Financial Services, within three years after the claim accrues. For a wrongful death claim, the written notice to the Department is due within two years. An agency that does not decide within six months, or 90 days in wrongful death cases, is treated as having denied the claim. Under subsection (14), the lawsuit itself generally must be filed within four years, with a shorter timeline for wrongful death.

What About Private Schools?

These rules apply to public entities. A private school is not covered by section 768.28, so a different set of rules applies.

Act Early for Your Child

The clock on a school injury claim against a public entity starts sooner than most families expect. Call Moore Law at 813-510-5400 and let us look at your child’s situation, identify the right defendants, and make sure every notice deadline is met.

Sources:

https://www.flsenate.gov/Laws/Statutes/2026/768.28

https://www.flsenate.gov/Session/Bill/2026/145