The Florida House of Representatives recently approved House Bill 301, which proposes to significantly raise damage caps for plaintiffs suing state or local government entities. These caps haven’t been adjusted since 2010.
If passed by the Senate and signed into law, HB 301 would allow people injured by state agencies or employees to recover up to $1 million per person for tort claims filed between October 1, 2025, and September 30, 2030
This isn’t the only significant change to plaintiff recovery. House Bill 301 made several changes to remove hurdles to recovery for plaintiffs. Our West Palm Beach personal injury lawyer explains the rest of the proposed changes.
Can you sue the government in Florida?
Citizens are permitted to file a lawsuit against the state and local governments, although Florida’s sovereign immunity laws limit recovery and what types of suits are permitted.
Sovereign immunity is a legal concept protecting government entities from being sued without their consent. Per Florida law, plaintiffs must notify the Florida Department of Financial Services before filing a lawsuit. This notice is part of the state’s process for waiving sovereign immunity in cases that fall within permitted categories of claims
If the case falls within the permitted types of lawsuits against the state (injuries caused by government employee negligence, dangerous public property conditions, or negligence in operating government services like public transportation, etc.), then the lawsuit may proceed. Note that this doesn’t mean you won, just that you can legally file. If the claim is based on discretionary policy decisions and similar grounds, then usually the claim is denied.
Once you have the Sovereign Immunity Waiver from the state, you and your personal injury lawyer can proceed with the civil suit process. Plaintiffs in government lawsuits can generally seek compensation for medical expenses, lost wages, and property damage. These are considered economic damages, the quantifiable, out-of-pocket losses you incurred because of the accident. You can also seek non-economic damages, compensating you for your pain and suffering, diminished quality of life, and emotional distress.
Keeping in mind the recent proposed changes, which are likely soon to become law, your attorney may advise filing your suit after October 1. However, be careful; delaying filing because of the proposed damage cap increase could mean that you are past the statute of limitations. This is why it’s so important to work with an experienced personal injury attorney from the start. They can advise you on matters like this, protecting your claim and seeking an avenue for the highest possible compensation.
Punitive damages, or exemplary damages, as noted above, are not recoverable against Florida government entities.
Recovery changes proposed by House Bill 301
Several changes to Florida tort laws in claims against the government simplify the recovery process for plaintiffs and increase the permissible judgment caps in claims against the state and local governments:
- Increased Damage Caps: The cap per person per incident increases from $200,000 to $1,000,000 for claims filed between October 1, 2025, and September 30, 2030. The cap for multiple claims filed from the same incident increases from $300,000 to $3,000,000 in the same time frame. Additionally, a one-time increase in damage caps is scheduled for October 2, 2030, to $1.1 million per person and $3.2 million per incident.
- Revised Statutes of Limitation: The statute of limitations is the deadline that you have to sue the government. If you miss that window for filing a claim, your case will almost certainly be denied. Under HB301, plaintiffs have two years from the date of the incident to file a lawsuit (down from the current four), except in cases of wrongful death. Surviving family members in wrongful death suits will have just 18 months to file a claim against state agencies (two years under the current law). The only exception is for sexual battery claims involving victims under 16; there is currently no limit for filing a suit, although time-barred cases will not be automatically revived.
- Shorter Agency Response Window: The agency in question now has just four months to resolve the claim, instead of the six months it currently has.
- Local Government Settlements: State subdivisions may settle claims that exceed the statutory caps without legislative approval, simplifying the claims process for damages above the standard limits.
- Prohibition of Claims Bill Contingency in Insurance: Currently, some insurance carriers may require a claims bill before paying coverage on a government claim. HB 301 seeks to prohibit this, making it easier for plaintiffs to receive compensation from state or local agencies.
Hold Florida government agencies accountable for negligence
At Lytal, Reiter, Smith, Ivey & Fronrath, our experienced Florida personal injury lawyers understand the complex requirements for claims involving state and local governments. We’ll guide you through every step.
Tight time limits under Florida law could affect your ability to recover damages. Contact us today for a free consultation by calling (561) 655-1990 or filling out our secure online contact form.
