Before you file most civil lawsuits in Florida, the law requires a specific pre-suit step, and Florida’s pre-suit notice requirements change dramatically depending on who you’re suing and what the claim involves. Miss a required notice or file before a mandatory waiting period ends, and the court will dismiss the case without ever reaching the merits. Five categories carry real statutory teeth: claims against government entities, medical malpractice, construction defects, insurance bad faith, and HOA disputes. Everything else generally runs on a demand letter.
General Civil Claims: The Demand Letter
For an ordinary lawsuit against a private person or business, Florida does not impose a single statutory pre-suit procedure. The practical requirement is a demand letter. It puts the other side on notice and satisfies a court’s expectation that you tried to resolve the dispute before filing.
A workable demand letter lays out the facts, identifies the legal theory (negligence, breach of contract, property damage), and states the dollar amount you want. Include an itemized breakdown of your economic losses and set a response deadline, usually 15 to 30 days. If nothing productive happens in that window, you can move on to filing.
This informal process gives way to the mandatory statutory procedures below whenever your claim falls into one of the five categories that carry their own rules.
Claims Against Florida Government Entities
Suing a state agency, county, city, school district, or other government body triggers some of the strictest pre-suit rules in the state. Florida’s sovereign immunity waiver statute controls the process and caps what you can recover.
The Written Notice
You must present a written claim to the agency responsible for the incident. For state-level agencies and subdivisions, you must also send a separate written notice to the Florida Department of Financial Services. Claims against a municipality, county, or the Florida Space Authority are the exception to the DFS notice requirement; for those, you notify the agency itself.1Justia Law. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions The notice must describe the incident, the injuries or damages, and the compensation sought.
You have 3 years after the claim arises to present the written notice. For wrongful death claims against the government, that window shrinks to 2 years.1Justia Law. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions Miss it and the claim is gone.
The Waiting Period
After the agency (or DFS, if applicable) receives the notice, it has 6 months to investigate and reach a final decision. If 6 months pass with no response, the claim is deemed denied and you can file. For medical malpractice and wrongful death claims against the government, that waiting period drops to 90 days.1Justia Law. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions File before the waiting period ends and the case will be dismissed.
Damages Caps
Even if you win, the state caps its payout: $200,000 per person and $300,000 total per incident. A court can enter a judgment above those amounts, but collecting anything beyond the cap requires a special act of the Florida Legislature, known as a claims bill. Punitive damages are not available at all.1Justia Law. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions Attorney fees in government tort claims are capped at 25 percent of any judgment or settlement.
Medical Malpractice Pre-Suit Screening
Florida’s medical malpractice process is the most demanding pre-suit regime in the state. You must complete a full investigation and secure a medical expert’s written corroboration before you can even send the notice letter.
The Pre-Suit Investigation
Before notifying anyone, you must obtain a verified written opinion from a qualified medical expert confirming that reasonable grounds exist to support your claim.2The Florida Legislature. Florida Code 766.203 – Corroboration of Reasonable Grounds Your own belief that something went wrong will not do. A qualified expert must review the records and sign off.
Notice of Intent to Initiate Litigation
Once the investigation is done, you serve each prospective defendant with a Notice of Intent to Initiate Litigation. Acceptable methods include certified mail with return receipt, USPS mail with a tracking number, a commercial delivery service, or anyone authorized to serve legal process.3The Florida Legislature. Florida Code 766.106 – Notice Before Filing Action for Medical Negligence When available, the notice must list every provider who treated the patient for the injuries at issue and everyone who treated the patient during the two years before the alleged negligence.
The 90-Day Investigation Period
After the notice is mailed, you cannot file suit for 90 days. The prospective defendant and their insurer use that window to investigate and respond. No response within 90 days means the claim is deemed rejected.4Florida Senate. Florida Code 766.106 – Notice Before Filing Action for Medical Negligence The statute of limitations is tolled the whole time, so you do not lose filing days while the process runs. The parties can extend the 90-day period by stipulation, and tolling continues through any extension.
Construction Defect Notice and Opportunity to Repair
Before filing a construction defect lawsuit, Florida requires a written notice-and-repair process that gives the responsible contractor, subcontractor, supplier, or design professional a chance to inspect and offer a fix. The calendar is strict.
Written Notice of Claim
You must serve a written notice of claim at least 60 days before filing suit. If the claim involves a homeowners’ or condominium association representing more than 20 units, the notice period extends to 120 days.5The Florida Legislature. Florida Code 558.004 – Notice and Opportunity to Repair The notice must describe each alleged defect in reasonable detail, identify where on the property it sits, and explain the resulting damage. A visual inspection is enough to prepare the notice; destructive testing is not required.
Inspection and Response
The party you notified has 30 days (50 days for large associations) to inspect the property. You must provide reasonable access during normal working hours.5The Florida Legislature. Florida Code 558.004 – Notice and Opportunity to Repair Within 45 days of the original notice (75 days for large associations), the responding party must serve a written response, which will be one of the following:
- An offer to repair the defects at no cost to you, with a completion timeline.
- A monetary settlement offer stating the amount and payment timeline.
- A combination of repairs and money.
- A denial stating that the claim has no merit, with supporting reasons.
If no response arrives within the deadline, you can proceed directly to court.
Insurance Bad Faith: The Civil Remedy Notice
To sue an insurance company for bad faith under Florida law, you first file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. This gives the insurer a formal chance to fix the problem before litigation.6Florida Senate. Florida Code 624.155 – Civil Remedy
What the Notice Must Contain
The CRN goes on a form provided by the Department and must spell out the specific statutory language the insurer allegedly broke, the facts and circumstances of the violation, the name of any person who participated in it, any relevant policy language (third-party claimants who have not received a copy of the policy are excused from this), and a statement confirming that the notice is being filed to preserve the right to bring a civil remedy action.
The 60-Day Cure Period
Once the Department forwards the notice to the insurer, a mandatory 60-day cure period begins. The insurer can pay the damages or correct the violation during that window. If it does, no lawsuit can proceed. The statute of limitations is tolled for the full 60 days, so no filing time is lost.6Florida Senate. Florida Code 624.155 – Civil Remedy One timing note: you cannot file a CRN within 60 days after either party invokes the appraisal process on a residential property insurance claim.
HOA and Condominium Pre-Suit Mediation
Disputes between homeowners and their homeowners’ association must go through mandatory pre-suit mediation before a lawsuit can be filed. The requirement covers disagreements about property use, changes to common areas, covenant enforcement, amendments to association documents, board and committee meetings, non-election membership meetings, and access to association records.7Florida Senate. Florida Code 720.311 – Dispute Resolution
Not every HOA dispute qualifies. Collection actions for unpaid assessments, fines, or other financial obligations are excluded, and so are actions to enforce a prior mediation settlement. If emergency relief is needed, you can file directly for a temporary injunction without mediating first.
To start the process, the aggrieved party serves a written demand identifying the specific disputes and the authority supporting each claimed violation. Mediation uses a trained neutral, and the parties split the cost equally unless they agree otherwise.7Florida Senate. Florida Code 720.311 – Dispute Resolution If the other side refuses to participate after receiving the demand, you can proceed to court.
The Statute of Limitations Keeps Running
Every pre-suit process runs against a filing deadline. If the statute of limitations expires while you gather evidence or negotiate, no amount of proper notice will save the case. The main Florida deadlines:
- Negligence, including most personal injury: 2 years from the date of injury.8The Florida Legislature. Florida Code 95.11 – Limitations Other Than for the Recovery of Real Property
- Wrongful death: 2 years from the date of death.
- Breach of a written contract: 5 years.
- Breach of an oral contract: 4 years.
- Fraud: 4 years.
- Property damage or trespass: 4 years.
- Intentional torts (assault, battery, false arrest, false imprisonment): 4 years.
The 2-year negligence deadline is especially tight. It applies to car accidents, slip-and-fall injuries, premises liability, and most other injury claims from someone else’s carelessness. This shortened deadline took effect for claims arising on or after March 24, 2023; injuries before that date had a 4-year window.8The Florida Legislature. Florida Code 95.11 – Limitations Other Than for the Recovery of Real Property
Some pre-suit processes toll (pause) the clock. Medical malpractice tolls it during the 90-day investigation period, and the insurance bad faith CRN tolls it during the 60-day cure window. Government claims work differently: the written notice must be presented within 3 years, but the actual lawsuit must be filed within 4 years of when the claim arose.1Justia Law. Florida Code 768.28 – Waiver of Sovereign Immunity in Tort Actions Being in settlement talks with an insurance company or waiting on an agency response does not extend these deadlines unless a specific tolling provision applies.