Jeffrey P. Gale, P.A. // Sovereign Immunity in Florida: A Shield from Accountability

Sovereign immunity stems from the medieval doctrine that “The King can do no wrong.” In Florida, this principle historically meant that government entities could not be held financially responsible for harm caused by their negligence.

That changed in 1975, when the Florida Legislature enacted Section 768.28, Florida Statutes, which partially waived sovereign immunity. For the first time, individuals could sue the state and its subdivisions—cities, counties, municipalities—for certain torts. However, this right came with significant limitations. Most notably, the statute capped damages at $100,000 per person and $200,000 per incident, regardless of the actual extent of the injuries or the number of victims. These caps remained unchanged for 36 years.

Modest Reform, Lingering Injustice

In 2009, the Legislature passed a long-overdue amendment, increasing the caps to $200,000 per individual and $300,000 per claim, effective July 1, 2011. While this was a step in the right direction, it remains grossly inadequate for victims of catastrophic government negligence.

Under these limits, if four people are severely injured by a government employee’s negligence, they must divide a maximum of $300,000 among them—no one may recover more than $200,000 individually, even if their injuries are lifelong or fatal. Not even a jury’s decision overrides the cap. For example, say a jury, after weighing the evidence, decides that a person’s damages, between pain and economic loss, exceed $5 million. After the verdict is rendered, the judge will thank the jurors for their service and send them on their way. In the case of a single harmed person, the most the court can award to that person is the $200,000 cap. That’s perverse. The jury’s opinion, after weighing the evidence fairly and impartially, is entirely disregarded in favor of unfair money-influenced legislation.

In 2025, two bills were put forward in the Florida Legislature to increase the limits to $1 million/$3 million, with incremental increases over time. The bills were opposed by organizations such as the Florida League of Cities, Florida Association of Counties, and Florida Hospital Association, while 25 lobbyists were amassed to kill the bills. While one of the bills was approved by the House, both died before reaching the Governor’s desk.

Planning-Level Immunity: An Untouchable Zone

Despite the partial waiver, absolute immunity remains intact for governmental decisions classified as planning-level or discretionary. These include judgments regarding the design, improvement, or initial construction of infrastructure—such as road layouts, intersection design, and placement of traffic control devices.

However, Florida courts have carved out a narrow exception: When a government entity is aware of a serious hazard that creates a hidden danger—effectively a trap—for the public, immunity is waived, and liability may attach (subject again to the statutory damage caps).

When Immunity Becomes Indifference

Our firm recently litigated a case that illustrates the dangers of this doctrine. We represented the husband and three young children of a woman who drowned after her cousin’s car veered into a canal at a poorly marked curve on a dark, rainy night. We uncovered that other vehicles had previously gone off the road at the same location, resulting in fatalities and near-fatal accidents. Just two months after our case, another young woman died under almost identical circumstances at the same curve.

The danger was well known. Still, no corrective action was taken until after these avoidable tragedies. After our lawsuit was instituted, one of the responsible government entities installed an extended guardrail—a fix costing very little —but only after multiple preventable deaths.

We argued, successfully, that this was not a protected planning-level decision. Rather, it was a failure to correct a known trap. But even when liability is established, the available remedy remains a fraction of what private defendants would face.

The Real Problem: Lack of Accountability

This case underscores the greatest flaw in sovereign immunity: a lack of financial accountability. Government entities, shielded from large verdicts, face little incentive to act with the same diligence expected of private citizens or corporations. Where a private business may be compelled to act swiftly to avoid multi-million-dollar judgments, the government can act slowly—or not at all—knowing that its worst-case financial exposure is capped by law.

In effect, sovereign immunity insulates misconduct and dulls the motivation to prevent harm. When negligence results in death or permanent injury, a figurative slap on the wrist is the only consequence.

It’s not just outdated. It’s unjust.

Time for Change

Our firm firmly believes that sovereign immunity, in both its absolute and limited forms, should be abolished or substantially reformed. Government entities should be held to the same standard of care as private individuals and corporations when their negligence causes serious harm.

In a just society, no one—least of all the government—should be above accountability.

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Contact us at 305-758-4900 or by email to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.