Miami Private InvestigationsBefore a negligence suit can be filed against the State of Florida or one of its agencies or subdivisions, the claimant must present the claim in writing to the appropriate agency and, except for claims against a municipality, a county or the Florida Space Authority, also to the Department of Financial Services, within three years after the claim accrues, and the claim must be denied (s. 768.28(6)(a), F.S.). Notice and denial are conditions precedent to the action (s. 768.28(6)(b)). That makes the pre-notice investigation unusually consequential: the attorney has to know which public body is responsible, who must receive the notice, and what the facts are, before writing a document that cannot be filed against the wrong entity and fixed later.
This article covers the government-defendant version of the process. Our main guide to pre-suit investigation covers the general approach.
Which government entity is actually responsible?
For purposes of the statute, “state agencies or subdivisions” include the executive departments, the Legislature, the judicial branch, independent establishments of the state including state university boards of trustees, counties and municipalities, and corporations primarily acting as instrumentalities or agencies of the state, counties or municipalities (s. 768.28(2)). In Miami-Dade, the practical problem is overlap. A single intersection can involve a state road, county traffic signals, a city sidewalk and a private contractor doing the work. A bus may be operated by a county department or by a contractor. A school-zone crossing guard may be employed by one body and supervised by another.
An investigator works the question from the ground up:
- Location. Exactly where the incident happened, measured and photographed, and which body maintains that road, sidewalk, building or facility.
- Vehicle or employee. Fleet markings, unit numbers and uniforms, tied to the operating entity.
- Contracts. Whether the work was being done by a private contractor, which may change who the defendant is and whether s. 768.28 applies at all.
- Corporate instrumentalities. Whether an entity that looks private is one acting primarily as an instrumentality of government.
The attorney makes the legal call. The investigator supplies the documented facts it rests on.
Who must receive the notice, and when?
The written claim goes to the appropriate agency, and, except for a municipality, county or the Florida Space Authority, also to the Department of Financial Services (s. 768.28(6)(a)). The general period is three years from accrual; a wrongful death claim must be presented to the Department of Financial Services within two years (s. 768.28(6)(a)2.). The claimant must also provide the agency with the claimant’s date and place of birth and Social Security number (or federal identification number for a non-individual), and disclose certain unpaid adjudicated claims owed to the state over $200 (s. 768.28(6)(c)). Because incomplete disclosure can have consequences, the investigation should include a public-record search for those adjudicated claims, which the statute itself contemplates (s. 768.28(6)(d)).
After the claim is filed, failure to make a final disposition within six months is deemed a denial; in medical malpractice and wrongful death actions, the period is 90 days (s. 768.28(6)(d)). The civil action must then be filed within four years after the claim accrues, except that medical malpractice and wrongful death follow the limits in s. 95.11(5) (s. 768.28(14)). Medical negligence claims against a public hospital also carry the chapter 766 presuit requirements, which apply to claims under s. 768.28 (s. 766.203(1)(b), F.S.); see our article on medical malpractice presuit investigation.
What do the damage limits mean for the investigation?
Under the 2025 statutes, the state and its agencies and subdivisions are not liable to pay a claim or judgment by any one person exceeding $200,000, or claims arising from the same incident totalling more than $300,000; amounts above those limits may be paid only by further act of the Legislature (s. 768.28(5)(a)). Individual officers, employees and agents generally cannot be held personally liable or named as defendants for acts within the scope of their employment unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard of human rights, safety or property (s. 768.28(9)(a)). Both points make it worth identifying every potentially responsible party early — including private contractors, property owners and other drivers — and our asset checks can help the attorney assess whether a non-government defendant is collectable.
Which public records should be requested?
Government defendants generate records, and Florida’s public records law gives any person the right to inspect and copy them (s. 119.07(1)(a), F.S.). “Public records” is defined broadly to include documents, photographs, recordings and electronic data made or received in connection with official business (s. 119.011(12), F.S.). The custodian must acknowledge requests promptly and respond in good faith, and where an exemption is claimed, must redact only the exempt part, produce the rest, and state the statutory basis (s. 119.07(1)(c)-(e)). Depending on the case, useful requests include:
- Maintenance logs, work orders, inspection reports and prior complaints for the road, sidewalk or facility.
- Traffic signal timing and maintenance records.
- Bus or fleet camera footage, vehicle maintenance records and incident reports.
- 911 and dispatch records, subject to applicable exemptions.
- Contracts with private vendors who maintained or operated the location.
Retention periods vary, and some video is kept only briefly, so requests should go out early. The investigator drafts and tracks them for the attorney, keeping a log of what was requested, when, and what came back.
Which witnesses matter?
Bystanders, other passengers, nearby business staff, and sometimes former government employees who have since left. Current employees are a different matter: whether and how they may be approached is for the attorney to decide, and our interviews follow counsel’s instructions. Independent witnesses should be located and interviewed neutrally while memories are fresh, using the same methods as our skip trace services where people have moved.
When should the investigation start?
Before the notice is drafted. The three-year notice period can look generous, but video retention, staff turnover and road repairs do not wait for it. Our page on investigating before you file explains how we scope this work with law firms, and the attorney services page lists related support.
Miami Private Investigations is licensed in Florida under agency licence A1800135. Attorneys can call (305) 686-7826 or contact us for a confidential consultation.