Bifulco v. Patient Business and Financial Services, Inc.
35 FLW S368
The pre-suit notice requirements of Section 768.28(6), Florida Statutes, do not apply to causes of action brought against the state under Section 440.205, Florida Statutes. Supreme Court determined that by the enactment of Section 440.205, Florida Statutes, actions for workers' compensation retaliation are authorized against the state and any of its subdivisions thereby waiving soveriegn immunity for workers' compensation retaliation claims when the state and its subdivisions are acting as employers. There is no reference in Section 440.205, Florida Statutes, to any notice requirements as referenced in Section 768.28, Florida Statutes, related to tort claims against the state. Supreme Court reversed the decision in the cases of Kelly v. Jackson County Tax Collector, 745 So. 2d 1040(Fla. 1st DCA 1999) and Osten v. City of Homestead, 757 So. 2d 1243(Fla. 3rd DCA 2000).