Levine v. Dade County School Bd.
15 Educ. L. Rep. 437, 1983 Fla. LEXIS 3160, 442 So. 2d 210 (1983)
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Rule of Law:
Under Florida's statutory waiver of sovereign immunity, a claimant must strictly comply with all pre-suit notice requirements, including providing written notice to the Department of Insurance, even if the Department has no substantive role in the claim and no prejudice results from the failure to notify.
Facts:
- On March 27, 1977, Robert Levine was a student at a public high school operated by the Dade County School Board.
- While on school grounds during school hours, Levine was severely beaten by other students.
- Levine claimed his injuries resulted from the School Board's negligent failure to maintain order and supervise students.
- Within the statutory three-year period, Levine provided written notice of his claim to the Dade County School Board.
- Levine failed to provide written notice of his claim to the State Department of Insurance within the three-year period.
Procedural Posture:
- Robert Levine filed a negligence action against the Dade County School Board in a Florida trial court.
- The trial court dismissed Levine's complaint for failure to allege that timely written notice had been provided to the Department of Insurance.
- Levine filed an amended complaint acknowledging the failure to notify but arguing it was unnecessary; the trial court dismissed this complaint with prejudice.
- Levine, as appellant, appealed the dismissal to the Florida Third District Court of Appeal.
- The District Court of Appeal affirmed the trial court's decision but certified a question of great public importance to the Supreme Court of Florida.
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Issue:
Does a plaintiff's failure to provide written notice of a claim to the Florida Department of Insurance, as required by section 768.28(6), Florida Statutes, bar a lawsuit against a county school board, even when the plaintiff properly notified the school board itself and the Department of Insurance has no financial or functional role in the claim?
Opinions:
Majority - Justice Boyd
No. A plaintiff may not maintain an action against a state agency or subdivision if they fail to provide written notice of the claim to the Department of Insurance as required by statute. The plain language of section 768.28(6) clearly requires written notice to both the appropriate agency and the Department of Insurance. Because this statute constitutes a waiver of sovereign immunity, its terms must be strictly construed. The court cannot create an exception based on speculation about the legislature's intent or the practical utility of the requirement, as the wisdom of the notice provision is a matter for the legislature, not the judiciary. The notice requirement is a condition precedent to filing suit, and failure to comply mandates dismissal.
Analysis:
This decision solidifies the principle that statutory waivers of sovereign immunity are to be strictly and literally construed against the claimant. It establishes that procedural notice requirements are mandatory conditions precedent, not mere formalities that can be excused by a showing of no prejudice or an argument about legislative purpose. The ruling places the burden of statutory compliance squarely on plaintiffs and signals that courts will not carve out equitable exceptions to clear legislative commands in the sovereign immunity context. This reinforces the legislature's supreme authority to set the precise terms and conditions under which the state and its agencies consent to be sued.
