Why the 180-Day Investigation Period Applies to Fort Lauderdale Airport Injuries

Understanding Government Claims After a Fort Lauderdale Airport Injury

Key Takeaways:The 180-day investigation period applies to Fort Lauderdale airport injuries because Fort Lauderdale-Hollywood International Airport is owned and operated by Broward County, making it a governmental entity subject to Florida’s sovereign immunity statute under Fla. Stat. §768.28. Before filing suit, you must present written notice to the appropriate agency. Under §768.28(6)(a), the government receives roughly 180 days to investigate before litigation can begin. Under §768.28(6)(d), the agency’s failure to decide within six months is deemed a denial, allowing suit to move forward. Strict deadlines apply: a general three-year window to present the claim (two years for wrongful death) and a separate civil statute of limitations, generally two years for negligence claims accruing on or after March 24, 2023, that runs independently and is often the controlling deadline. Damages against the county are capped at $200,000 per person and $300,000 per incident absent a legislative claims bill. Because these procedures are technical and other parties like airlines or contractors may not enjoy immunity, acting quickly and preserving evidence is critical.

If you were hurt at Fort Lauderdale-Hollywood International Airport, you cannot immediately file a lawsuit. Because the airport is government-owned, special procedures apply, including a roughly 180-day period during which the government investigates your claim. Florida law treats injuries on public property differently than private negligence cases, and understanding these rules is essential to protecting your rights.

If you are dealing with an airport injury, Chalik & Chalik Injury Lawyers can help. Call us at 954-476-1000, visit our firm’s website, or reach out through our online contact page to discuss your options.

Why Broward County’s Ownership Changes the Rules

Fort Lauderdale’s airport is owned and operated by Broward County, placing injury claims under a limited government framework rather than standard negligence rules. Under Fla. Stat. §768.28(1)-(2), the state and its subdivisions, including counties, waive sovereign immunity for torts only to the extent specified in the act. This means an injury in a terminal, parking lot, or shuttle area is generally a claim against a governmental entity, triggering procedures that private property claims do not require.

Sovereign immunity does not always stop at the county itself. Protections can extend to entities that act as instrumentalities or agents of the government under §768.28(2). This matters at airports, where vendors, contractors, and operators may claim immunity. Whether a party qualifies is a legal determination based on the relationship with the governmental body. The Florida Bar Journal explores how courts assess these purported agents of the government when they seek immunity.

💡 Pro Tip: Do not assume the airport is the only potential defendant. Airlines, cleaning contractors, and retail tenants may not enjoy governmental immunity, and identifying the correct party early can shape your entire claim.

The Florida 768.28 Notice of Claim Requirement

The florida 768.28 notice of claim is the mandatory written notice you must generally provide before suing a state agency or political subdivision. Under Fla. Stat. §768.28(6)(a), an action may not be instituted unless the claimant first presents the claim in writing to the appropriate agency. For an injury at a county-owned airport, this written pre-suit notice is a condition precedent.

The statute specifies who must receive notice. For most claims, notice goes to both the agency and the Florida Department of Financial Services. However, §768.28(6)(a) provides an exception for claims against a municipality, county, or the Florida Space Authority, which need only notify the agency. Because Broward County operates the airport, this exception applies, though proper notice requirements are technical.

Getting the notice of claim process in Florida right is critical. Under §768.28(6)(a)-(b), the written presentation and the agency’s denial are conditions precedent to maintaining an action. A defective or missing notice can jeopardize an otherwise valid claim, which is why many injured people work with a Fort Lauderdale personal injury lawyer familiar with these governmental procedures.

Breaking Down the 180-Day Investigation Period

The 180-day investigation period gives the government time to review your claim before litigation can begin. After filing the written claim, the agency receives a set period to investigate and respond. Under §768.28(6)(d), the failure to make final disposition within 6 months is deemed a final denial, though in wrongful death and medical malpractice claims that period is shortened to 90 days. This six-month window creates the roughly 180-day period for public-entity injury claims.

This 180-day window is specifically connected to Florida’s sovereign immunity statute. Standard non-governmental presuit claims often trigger a shorter 90-day investigation period, while claims controlled by section 768.28(6)(a) are subject to the longer 180-day period. As the Florida Rules of Civil Procedure note under Rule 1.650(d)(3)(B), the relevant trigger for suit can be 180 days after service of the notice when the claim is controlled by section 768.28(6)(a).

How the Waiting Period Compares

Type of Claim	General Investigation Period
Standard non-governmental presuit claim	Approximately 90 days
Claim controlled by §768.28(6)(a)	Approximately 180 days

No lawsuit may generally proceed until the agency denies the claim in writing or the investigation period expires. Under §768.28(6)(a), the claim must be presented within three years after it accrues, and before suit the agency must either deny the claim or be deemed to have denied it once the investigation period expires. The sovereign immunity waiting period is not optional.

Deadlines That Can Make or Break Your Claim

Florida sets firm deadlines requiring close attention in airport injury cases. For negligence-based claims, Fla. Stat. §95.11(5)(a) (2024) establishes a limitations period, now two years for negligence claims accruing on or after March 24, 2023, reduced from the prior four years. You can review the current Florida limitations statute for the governing language. This civil statute of limitations is separate from the government administrative claim deadline, and both must be respected. Because the two-year period is shorter than the three-year claim window, it is often the controlling deadline.

The notice deadline under the sovereign immunity statute has its own outer limits. Under §768.28(6)(a) and (a)(2), a written claim generally must be presented within three years after accrual, with a shorter two-year period for wrongful death. These deadlines are interpreted strictly, and courts apply exceptions such as tolling narrowly.

Timing rules also govern when suit must actually be filed after notice. Under Rule 1.650(d)(3), which applies to medical malpractice presuit screening under §766.106, an action must be filed within 60 days or within the remainder of the statute of limitations, whichever is longer, measured from the earliest of: the expiration of 90 days after service of the notice of intent to initiate litigation, the expiration of 180 days after service of the notice if the claim is controlled by §768.28(6)(a), receipt of a written rejection of the claim, or the expiration of any agreed extension of the presuit screening period. Coordinating the government claim investigation in Florida with the civil deadline is challenging and outcome depends on specific facts.

Understanding Damage Limits

Damages against a government entity are capped, which affects claim valuation. Under §768.28(5), liability is generally limited to $200,000 per person and $300,000 per incident, excluding punitive damages, absent further legislative action through a claims bill. This limitation is part of the framework establishing presuit notice and investigation requirements.

Protecting Your Airport Injury Claim

Building a strong airport accident claim in Florida begins with proving the core elements of negligence. A plaintiff must establish duty, breach, causation, and damages. At a busy airport, that often means showing a hazard existed, that the responsible party knew or should have known about it, and that it caused your injury. Preserving evidence early makes a meaningful difference.

Practical steps can help protect your rights while the investigation period runs. Consider these actions after an airport injury:

Report the incident and request a copy of any incident report
Preserve photos of the hazard and your injuries
Identify witnesses and gather their contact information
Seek prompt medical treatment and keep all records
Ask whether security or surveillance footage exists before it is overwritten

Knowing what to do in the moment can preserve options later. Our guide on what to do when you are injured at an airport walks through practical steps in more detail. Because governmental claims involve strict procedures and short windows for evidence like video footage, acting quickly is wise.

💡 Pro Tip: Security video at airports is often overwritten within days or weeks. Sending a preservation request as soon as possible can help keep critical evidence from disappearing.

Frequently Asked Questions

Does the 180-day investigation period apply to every airport injury?

The 180-day period generally applies when a claim is controlled by section 768.28(6)(a), involving governmental entities. Because Fort Lauderdale’s airport is county-owned, this period may apply, but whether a particular defendant qualifies for sovereign immunity is a fact-dependent legal question.

Do I have to notify the Department of Financial Services?

For most claims, notice goes to both the agency and the Department of Financial Services. However, §768.28(6)(a) provides an exception for claims against a county, which is significant because Broward County operates the airport.

How long do I have to file my claim?

Under §768.28(6)(a), a written claim must be presented within three years of accrual, or two years for wrongful death. A separate civil statute of limitations under §95.11(5)(a), generally two years for negligence claims accruing on or after March 24, 2023, also applies and is often the controlling deadline.

Can I recover full damages from the county?

Damages against a government entity are generally capped under §768.28(5) at $200,000 per person and $300,000 per incident, excluding punitive damages. Amounts beyond those limits typically require a legislative claims bill.

Can multiple parties be responsible for my injury?

Yes. Airlines, contractors, and vendors may share responsibility, and not all enjoy governmental immunity. Whether a party is treated as a governmental agent is decided by Florida courts based on the relationship with the hiring entity.

Moving Forward After an Airport Injury

The 180-day investigation period applies to Fort Lauderdale airport injuries because the airport is a governmental entity subject to Florida’s sovereign immunity statute. From the written notice of claim under §768.28(6)(a) to the six-month investigation window under §768.28(6)(d), these procedures set the Florida tort claim timeline. Missing a step or deadline can put an otherwise strong claim at risk.

If you were injured at a public airport in South Florida, do not wait to protect your rights. Contact Chalik & Chalik Injury Lawyers by calling 954-476-1000, visiting our main website, or completing a request through our secure contact form to learn how these deadlines and procedures may apply to your case.