The notice statute, read on its own
Under Fla. Stat. § 768.28(6), a claim against the state or one of its agencies or subdivisions requires written notice presented to the appropriate agency within three years after the claim accrues — two years specifically for a wrongful death claim. Read in isolation, this looks like it gives a genuinely generous window, longer than Florida's ordinary personal injury deadline.
A state agency needs a second notice too
There's an additional layer specifically for claims against state agencies: notice must also reach the Florida Department of Financial Services, not just the agency itself. Claims against a municipality or county generally don't require this additional DFS notice — a genuinely important distinction depending on exactly which government entity is involved.
The trap: notice doesn't extend the real deadline
Here's the detail that genuinely catches people off guard. Giving the three-year notice does not extend the underlying statute of limitations for actually filing the lawsuit. Since HB 837 cut Florida's general negligence deadline to two years, the practical reality for most government claims is that both the notice and the actual lawsuit need to happen within that same two-year window — not the three years the notice statute might seem to promise on its own. Treating three years as the real deadline, rather than two, is exactly the kind of mistake that can end a valid claim.
A mandatory waiting period, with an exception
Generally, no lawsuit against the government entity can be filed until after a 180-day investigation period has passed, unless the agency formally denies the claim sooner — in which case the claimant doesn't have to wait out the full 180 days before proceeding.
A specific format requirement
The notice itself must be provided on paper. A letter describing the date, facts, and losses involved can be mailed, or an optional claim form available from the Florida Division of Risk Management can be used instead — but an email or other electronic-only notice isn't described as sufficient under this framework.