If a government vehicle in Florida injures you — a county transit bus, a city truck, a school bus — your claim follows a different rulebook. Florida law caps most recoveries against government entities at $200,000 per person and $300,000 per incident, and requires written pre-suit notice before a lawsuit can be filed. Miss a step and an otherwise valid claim can end.
A Miami Beach crash puts a familiar question back on the table
Transit Bus Accident lawyer in Miami has learned that early on July 20, 2026, around 4 a.m., a Miami-Dade transit bus crashed into a building in Miami Beach on Harding Avenue near 86th Street, striking the building’s gas piping and causing a possible gas leak. The building was evacuated and roads were closed. Two people were treated for respiratory difficulties. The cause is under investigation. The incident was reported by Local 10 News, NBC6 and CBS News Miami.
Nothing in this article is a statement about that incident, the people involved, or who was at fault. That matter is under investigation, and we have no independent knowledge of it. What follows is general information about Florida law for anyone injured by a government vehicle.
Suing the government in Florida is not like suing a driver
Florida government entities enjoy sovereign immunity — a legal doctrine that historically barred lawsuits against the state entirely. Florida has waived that immunity, but only partially, and only on its own terms. Those terms live in Fla. Stat. §768.28, and they control everything about a claim against a public agency.
The practical result: suing the government in Florida means lower damage limits, extra procedural steps, and earlier deadlines than a standard negligence claim.
Who counts as a government defendant
- County transit agencies and their buses
- City-owned vehicles — police cars, fire apparatus, public works trucks
- Public school buses and school district vehicles
- County vehicles and state agency vehicles
One wrinkle worth flagging: a private company operating under contract with a public agency may or may not share that protection. Whether the statute reaches a contractor depends on the contract, the role, and the facts — it is not something to assume in either direction.
The caps: $200,000 per person, $300,000 per incident
Under §768.28, a Florida government entity’s liability is capped at $200,000 for any one person and $300,000 for all claims arising out of a single incident.
Read that second number again. If one bus crash injures a dozen people, $300,000 is the ceiling for everyone combined — not per claimant. A case a jury might value far higher is still limited to those figures absent further action.
The caps did not go up — HB 145 was vetoed
Many people assume these numbers rose recently. They did not. In March 2026, the Florida Legislature passed HB 145, which would have raised the caps to $350,000 per person and $500,000 per incident. The bill cleared the Senate 36-0 and the House 108-1. It was vetoed on June 30, 2026, so it did not become law.
So as of today, the operative figures remain $200,000 and $300,000. That is the law an injured Floridian is working with right now.
The claim bill: the only path above the cap
Florida law does leave one door open. To recover more than the statutory cap, a claimant must ask the Florida Legislature to pass a claim bill — a special act authorizing payment of the excess amount.
Be realistic about what that is. Claim bills are slow and entirely discretionary. They can take years, they can end without a vote, and no lawyer can promise one will pass. It is a possibility, not a plan.
The pre-suit notice trap
This is where valid claims die. Under §768.28(6), before suing a Florida government entity you generally must deliver written notice of the claim to the appropriate agency and to the Florida Department of Financial Services. The agency then generally has a 180-day window to investigate and respond before suit may be filed.
A strict written-notice deadline applies, and it is separate from the deadline to file suit. Exceptions and variations exist depending on the type of claim and the defendant. The point for a non-lawyer is simple: these deadlines are unforgiving, and missing one can permanently end an otherwise valid claim.
Why the clock is tighter than you think
For negligence causes of action accruing after March 24, 2023, Florida’s statute of limitations is two years (Fla. Stat. §95.11). Now stack the government requirements on top: notice must be served, and then a 180-day waiting period generally has to run before suit is filed.
That waiting period comes out of your two years. A claim against a public agency has to be started meaningfully earlier than an ordinary one — the same way a Florida car accident lawyer would move fast on any crash claim, only more so.
Comparative fault still applies
Florida’s modified comparative negligence rule, §768.81 as amended by HB 837, applies to these cases too. A claimant found more than 50% at fault for their own injuries recovers nothing. At or below that threshold, recovery is reduced by the claimant’s percentage of fault. Because of that rule, how fault is divided is often one of the most closely contested issues in the case.
Evidence disappears — especially transit evidence
Transit buses typically carry multiple onboard cameras plus telematics or event-data recording systems. That is good news for an injured person, with one catch: agency video is kept on retention schedules and can be overwritten in the ordinary course of business.
The evidence that tends to matter most includes:
- Onboard and exterior camera footage
- Telematics and event-data recorder downloads
- Vehicle maintenance and inspection records
- Driver qualification, training, and personnel files
- Dispatch logs and radio communications
A written preservation notice sent early is often what keeps that material from vanishing. That work is the same discipline that goes into handling your crash claim against a private driver — the difference is that with a public agency, the record-keeping is institutional and the timelines are shorter than most people expect.
Passengers, drivers, pedestrians, bystanders — same rules
The §768.28 framework does not care where you were standing. Whether you were riding the bus, driving another vehicle, crossing the street, or inside a building the vehicle struck, if the defendant is a government entity, the caps, the notice requirement, and the waiting period apply to you.
Frequently asked questions
How much can I recover if a city bus in Florida injures me?
Florida caps recovery against a government entity at $200,000 per person and $300,000 per incident under §768.28. Amounts above the cap require a claim bill passed by the Legislature, which is slow and never guaranteed. Past results do not guarantee a similar outcome.
Do I have to send a notice before suing a government agency?
Generally, yes. §768.28(6) requires written notice to the agency and to the Florida Department of Financial Services before suit, and the agency generally gets 180 days to investigate and respond. A strict written-notice deadline applies, separate from the deadline to file suit.
How long do I have to file a Florida injury lawsuit?
For negligence causes of action accruing after March 24, 2023, the statute of limitations is two years under §95.11. Against a government defendant, the notice requirement and the 180-day waiting period effectively consume part of that window, so the case must be started earlier.
Did Florida raise the sovereign immunity caps in 2026?
No. HB 145 would have raised them to $350,000 per person and $500,000 per incident, but it was vetoed on June 30, 2026. The caps remain $200,000 per person and $300,000 per incident.
What if a private company operates the bus?
It depends. A private contractor working for a public agency may or may not be covered by the same statutory protections. That question turns on the contract and the specific facts, and it is one of the first things a lawyer investigates.
Talk to a Florida injury lawyer before the clock runs
Claims against government entities reward early action and punish delay. If you or a family member was hurt by a public transit bus or any government vehicle in Florida, get the facts reviewed while video still exists and the notice window is open.
The Perazzo Law Firm offers a free case evaluation. Call 888-PERAZZO — (888) 737-2996 — or request a free case review online. No recovery, no fee — no attorney’s fee unless we recover. Past results do not guarantee a similar outcome.
This article is general information about Florida law and is not legal advice. It does not create an attorney-client relationship, and it is not a statement about any specific pending investigation. Attorney advertising. The Perazzo Law Firm, bona fide office in North Miami Beach, Florida.