If you’re injured by a government entity in Florida, you must present a written claim to the responsible agency, and in most state claims, to the Department of Financial Services, before you can sue. The general deadline is a few years from the date of injury; wrongful death claims have a shorter period. Your notice must actually arrive at its destination before that clock runs out, not simply get postmarked.
TL;DR:
- Notice must be received by the agency before the statute of limitations expires, and serving by postmark alone is not sufficient.
- The deadline to file a claim is generally a few years from injury, but wrongful death claims have a shorter deadline, often two years.
- The notice should include detailed incident facts, damages, and a setoff disclosure, with proof of delivery using certified mail or signed acknowledgment.
- Serving notice to the correct entity and proof of receipt are crucial, as late or incomplete notices typically lead to case dismissal with prejudice.
- Claimants should calculate both the notice deadline and the statute of limitations separately and act immediately if there are any doubts about timeliness.
Notice of Claim Under Florida Government Rules: What § 768.28 Requires
Florida law shields state and local governments from most lawsuits under sovereign immunity. Section 768.28 of the Florida Statutes waives that immunity for specific negligence claims, but only if you clear a procedural hurdle first: presenting written notice. Courts treat this notice as a condition precedent, meaning if you skip it or file suit too early, your case can be thrown out regardless of how strong your injury claim is.
The rule reaches state agencies, counties, municipalities, school boards, public hospitals, and sheriff’s offices. If a county dump truck rear ends you, or you slip on a wet floor at a city recreation center, § 768.28 governs. Federal defendants are different. Claims against the U.S. Postal Service or a federal agency follow the Federal Tort Claims Act’s SF 95 process, with its own two year deadline. Mixing these up costs claimants valuable time every year.
How Long Do You Have to File a Florida Government Claim?
Florida’s notice of claim procedures run on two separate clocks, and mixing them up is one of the most common ways an otherwise solid case gets derailed.
The presentation deadline is usually a few years from when your claim accrues, generally the date of injury. Wrongful death claims have a shorter deadline, and certain contribution claims among defendants have a significantly shorter window under the statute’s subsections on filing limitations.
Once your notice lands, the agency gets time to investigate before you can sue. For many claims, there’s a multi-month review period. If the agency doesn’t formally deny your claim in that window, the denial is deemed to have happened automatically. Medical malpractice and wrongful death claims against public hospitals get a shorter response window instead.
Here’s the trap: your notice deadline and your statute of limitations for filing suit run independently. Serving notice does not pause or extend your right to sue. Calculate both dates the moment you know you have a claim, then build your timeline backward from whichever deadline lands first.
What Must Your Written Notice of Claim Include?
Florida’s statute doesn’t hand you a required form, which sounds convenient until you realize it also means there’s no safety net if your letter is too thin. A detailed practitioner checklist consistently outperforms a brief narrative letter, because vague notices invite challenges over whether the agency was actually informed.
Your notice should include:
- Your full name, address, and contact information
- Date of birth and Social Security number (or federal ID for a business claim)
- The precise date, time, and location of the incident
- A factual narrative of what happened and which government employees or departments were involved
- The nature and extent of your damages, with a demand amount if you have one calculated
- A setoff disclosure statement
That last item trips up more claimants than any other. Under § 768.28(6)©, you must disclose any adjudicated fines, penalties, or judgments against you that exceed $200, or affirmatively state that none exist. Skip this and you risk the agency applying an undisclosed setoff against your eventual recovery, or worse, facing double liability on the undisclosed debt.
Pro Tip: Treat your notice like a mini deposition on paper. The more specific your facts and damages, the harder it is for an agency to argue later that it didn’t have fair warning of your claim.
Who Gets Your Notice, and How Do You Prove It Arrived?
Timeliness in Florida isn’t measured by your postmark. It’s measured by receipt, and that distinction has ended more than a few otherwise valid claims.
For claims against state agencies, send your notice to the agency itself and to the Department of Financial Services, which handles claims administration on the state’s behalf. Municipal and county claims are typically presented directly to that local government, though sending a copy to DFS anyway is a reasonable extra layer of protection when you’re unsure which entity ultimately controls the claim.
To prove your notice actually landed, use methods that generate a paper trail:
- Certified mail with return receipt requested
- Hand delivery with a signed and dated acknowledgment
- A commercial courier service that provides delivery confirmation with a signature
Build in several business days of cushion before your deadline. Mail delays happen, and a notice that arrives one day late can be as fatal as one never sent at all. Keep your originals, your tracking numbers, and your return receipts together, because you’ll need to prove the exact date of receipt if the timeline is ever challenged.
What Happens If Your Notice Is Late or Incomplete?
Florida courts enforce notice deadlines strictly. A late or missing notice typically results in dismissal with prejudice, meaning you lose the claim permanently, not just a chance to refile. The substantial compliance doctrine sometimes forgives minor content defects, like an incomplete setoff disclosure, but it almost never excuses a missed deadline.
If you suspect your notice was late, defective, or never confirmed received, act immediately. Preserve every piece of evidence and communication, confirm the actual receipt date with the agency or DFS, and talk to an attorney right away to evaluate whether any options remain.
Real-World Examples: Notice of Claim in Common Florida Scenarios
The rules play out differently depending on who hit you and where.
- County vehicle collision: Send notice to the county risk management office and DFS. Include the vehicle’s markings, the employee’s actions, and any police report number.
- City sidewalk slip and fall: Identify the specific municipal department responsible for maintenance, and note the exact defect and its location.
- Wrongful death: You have two years, not three, and the estate’s personal representative typically presents the claim.
- Public hospital malpractice: The response window shrinks to 90 days, and Florida’s medical malpractice presuit requirements layer on top of the standard notice rules.
How Martin Hernandez, PA Approaches Notice-of-Claim Cases
Deadline calculation is the first thing we do when a potential government claim comes through our door, because everything else depends on getting that math right. Our intake process maps your accrual date, your presentation deadline, and your expected agency response window before we draft a single word of notice.
We draft notices built around the § 768.28 checklist, not a generic template, and we document every delivery with certified mail or signed acknowledgment. Our team works on contingency and offers bilingual Spanish language support throughout. If your case involves multiple defendants, a serious injury, or a wrongful death, get counsel involved early. The setoff disclosure rules alone are reason enough not to navigate this process alone.
What Actually Trips People Up
Most people assume a phone call to the county or a quick email to a city clerk counts as notice. It doesn’t. The statute demands a written claim delivered to the right recipient, and I’ve seen strong injury cases die because someone waited for a callback that never came instead of putting something in writing with proof of delivery.
The bigger misconception is thinking the notice period is a formality you can rush through at the last minute. It’s the opposite. Treat your notice like the most important document in your file, because procedurally, it is. Get it drafted with real specificity, confirm it lands before your deadline, and calendar every downstream date the moment you serve it. If you’re unsure whether you’re inside the window, don’t guess. Confirm the receipt date and act now.
— Martin Hernandez
Get Help Filing Your Florida Government Claim
Martin Hernandez, PA is the alternative to guessing your way through a process where one missed deadline ends your case permanently. We handle claims against state agencies, counties, municipalities, and public hospitals, and we work on contingency, meaning you owe nothing unless we recover for you.
Our intake includes a full deadline check, drafting and serving your notice with proof of delivery, and preserving the evidence your case will need if the agency denies or ignores your claim. Full Spanish language support is available at every step. If you were hurt by a government vehicle, a municipal hazard, or negligence at a public facility, visit our services page and schedule a free case evaluation before your notice window closes.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Sources
- Chapter 768 Section 28 – 2025 Florida Statutes – The Florida Senate
- Claims Process – Florida Chief Financial Officer / Division of Risk Management
- Notice of Claim in Florida: Requirements and Deadlines – LegalClarity
- Documents and forms – U.S. Department of Justice
FAQ
What Is the Purpose of a Notice of Claim?
A notice of claim puts a government agency on formal written notice that you intend to seek compensation for an injury, giving it a chance to investigate before facing a lawsuit. Under § 768.28, it’s a mandatory condition precedent to filing suit against a Florida government entity.
What Happens After a Notice of Claim Is Filed?
The agency typically has 180 days to investigate and respond, or 90 days for medical malpractice and wrongful death claims. If it doesn’t formally deny the claim within that window, the denial is deemed to have occurred automatically, and you may then proceed to file suit.
How Do I Prepare a Notice of Claim?
Include your identifying information, a detailed account of the incident, the damages you suffered, and a setoff disclosure statement addressing any adjudicated judgments over $200. Deliver it by certified mail or hand delivery with proof of receipt, since Florida measures timeliness by when the notice arrives, not when it’s sent.
Are There New Legal Guidelines in Florida for 2026?
Florida’s notice of claim rules currently follow the statute as written, with the three-year general deadline and two-year wrongful death window still in effect. Legislative proposals occasionally surface that could shorten these timelines, so verify the current statute or consult an attorney before relying on any deadline for your specific case.