Florida
How Buhl v. State of Wisconsin applies in Florida: state-specific rules, key cases, and bar exam notes for Torts.
Florida law, similar to Wisconsin, adheres to the principles of sovereign immunity concerning the liability of state entities. The Florida legislature has enshrined limited waivers of this immunity in the Florida Tort Claims Act, which specifies the circumstances under which the state may be liable for tortious acts.
Under Florida law, a governmental entity may be liable for damages if determined under the Florida Tort Claims Act, provided that the act falls within one of the statutory exceptions, such as negligent operation of a vehicle by state employees.
The court held that the state waived sovereign immunity as it relates to certain construction activities, allowing claims for negligence to proceed.
The court ruled against sovereign immunity when state health regulations were not properly enforced, allowing the plaintiffs to seek damages.
The court recognized the limited waiver of sovereign immunity when governmental entities perform operational functions like utilities.
In federal law, the Federal Tort Claims Act allows for certain claims against the United States but maintains a broader immunity for discretionary functions. Florida’s waiver of sovereign immunity is more specific and permits claims that might fall outside federal protections, providing greater access to tort recovery in certain situations.
Knowledge of Florida's Tort Claims Act and its application of sovereign immunity is crucial for the Florida bar exam, particularly under the Torts section.