When a city bus, county truck or school bus causes a crash, the injured person faces a different legal path than in an ordinary car accident case. Florida’s sovereign immunity law sets the rules for when and how much a government entity can be made to pay, and those rules can catch injured people off guard.
The basics of sovereign immunity
Under section 768.28, Florida Statutes, the state and its agencies and subdivisions (including cities, counties and school boards) have waived immunity for certain negligence claims. That means they can be held responsible for injuries caused by employees acting within the scope of their jobs, much like a private employer.
That waiver comes with significant limits.
Damage caps
Florida caps what a government entity can be required to pay at $200,000 per person and $300,000 per incident. Those limits have been in place since 2010. In 2026, the Legislature passed HB 145, which would have raised the caps to $350,000 per person and $500,000 per incident. Governor DeSantis vetoed the bill on June 30, 2026, so the existing caps remain in effect.
For someone with catastrophic injuries, those limits may cover only a fraction of their actual losses.
Recovering more than the caps: claims bills
A court can enter a judgment above the statutory caps, but the government entity generally can’t be forced to pay the excess. To collect the rest, the injured person must ask the Florida Legislature to pass a claims bill, which is a special act authorizing payment. The process is political and slow, and success is never guaranteed. It often takes years of advocacy in Tallahassee.
Roman Austin has handled this process from start to finish. In one case, a Pinellas County school bus struck a pedestrian in a crosswalk and did not stop. The firm tracked down the bus, obtained its dash cam video, won a judgment against the Pinellas County School Board, and recovered $3 million for the client through a Florida Legislature claims bill.
Strict notice requirements
Before suing a government entity, an injured person must give written notice of the claim to the agency involved (and, in many cases, to the Florida Department of Financial Services) and then wait a set period before filing suit. Missing a notice requirement or deadline can permanently bar a claim, no matter how serious the injuries.
What to do if you’ve been hurt
If a government vehicle or employee was involved in your accident, speak with an attorney early. Claims against public entities involve notice rules, investigation challenges and political considerations that ordinary injury claims do not, and those rules are not forgiving of mistakes.
Past results do not guarantee a similar outcome.
