Which Florida statute allows you to sue the state?

Answer 1

There are no specific Florida statutes that allow you to sue the state. However, depending on your situation, you may not be able to sue at all. This is due to the 11th amendment, which states that: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." In short, this means that the state may be able to claim immunity and avoid lawsuit entirely. (Note: some courts have held that the 11th amendment does not prevent damages against the state, immunity or not, in certain situations).

The Federal Tort Claims Act (FTCA) was also enacted in 1948 and gives American citizens a bit more flexibility in presenting a case against the government in limited situations. The FTCA only waives the government's liability in acts specifically committed by employees. Though the government can only be sued if the damaging or negligent behavior in question could have been committed by a private individual. This was meant to prevent claims against uniquely governmental conduct.

However, despite this, it is not uncommon for individuals or groups to sue the state government at a local level. This includes lawsuits against counties, school districts and boards, transportation systems, police departments, state hospitals, and other local bodies. You may also sue a state official in his or her official or unofficial capacity, if immunity is not involved. Therefore it is first important to determine what specific entity you are suing in order to see if they have immunity. This can save you a lot of unnecessary effort.