Matthew Mincone | July 11, 2025 | Florida Law
Cities and towns have a legal duty to keep public spaces safe. When they fail to do so, whether through poor maintenance, lack of warning, or other forms of negligence, people can get hurt.
When someone is hurt because of another’s carelessness, they can usually hold the negligent party responsible through a personal injury claim. But suing a city isn’t the same as suing an individual. Special rules apply, and strict deadlines must be followed.
In Florida, claims against government entities, including cities, are governed by Florida Statutes § 768.28, often referred to as the Florida Tort Claims Act. This law creates a limited waiver of sovereign immunity, allowing you to hold cities and other public entities accountable—but it also imposes specific notice requirements, deadlines, and caps on recoverable damages.
If you were injured due to a city’s negligence, here’s what you need to know.
What Is The Florida Tort Claims Act?
The legal concept of sovereign immunity means that government entities are generally protected from lawsuits. It generally applies to federal and state governments, meaning they can’t be sued unless they allow it. Cities are usually protected by a similar concept called governmental immunity. However, modern laws have created exceptions, especially when public negligence causes injury.
Florida’s Tort Claims Act is one of those exceptions. It allows people to sue the government, including cities, counties, and state agencies, for negligence under specific conditions. However, this right comes with restrictions designed to protect public funds and discourage frivolous claims.
Key Requirements to Sue a City in Florida
If you’re considering a lawsuit against a Florida city, you must follow several strict rules.
1. You Must Give Advance Notice
Before you can file a lawsuit, you’re required to give the city and the Florida Department of Financial Services written notice of your claim. This notice must be submitted within three years of the date of your injury. If the claim involves wrongful death, the deadline is only two years.
In Tampa, the Risk Management/Claims Office maintains insurance and processes negligence claims against the city. You can complete a Citizen Claim Form and submit it online.
The government then has 180 days to investigate. A City of Tampa claims adjuster will be assigned to the claim and may contact you for additional information.
You can’t file a lawsuit during this waiting period unless the claim is formally denied sooner.
2. Your Claim Is Subject to a Damage Cap
Florida law limits recovery to:
- $200,000 per person
- $300,000 per incident for all claims
The government cannot be ordered to pay punitive damages either.
If your damages exceed those limits, you’ll need approval from the Florida Legislature through a “claims bill,” which is a rare and difficult process.
3. Only Certain Types of Claims Are Covered
You can sue a city only for injuries caused by negligence. This means you must prove that the city breached a legal duty of care, and that this breach directly caused your injuries. Claims arising from intentional misconduct or discretionary policy decisions may be barred.
Contact the Tampa Personal Injury Lawyers at Mincone Personal Injury Lawyers for Help Today
If you’ve been injured in an accident in Tampa, FL, contact our skilled personal injury lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
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About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL