Simmons v. Public Health Trust of Miami-Dade County
A psychiatric-facility patient sued Jackson Memorial for negligent security but mailed his section 768.28(6) presuit notices to Jackson and DFS on the last day of the three-year window (and after suit was already filed); the agencies received them days later. The Third District affirmed summary judgment for Jackson, holding as a matter of first impression that 'presents' under section 768.28(6) means actual receipt in hand by the agency and DFS, not mailing — the mailbox rule does not apply in sovereign immunity cases.
Key facts
- Psychiatric patient sued Jackson Memorial Hospital for negligent security, alleging inadequate precautions against patient violence.
- Patient mailed presuit notice of claim under section 768.28(6) to Jackson and the Department of Financial Services on the last day of the three-year presentment period, after litigation was already filed; the agencies received the notices several days later.
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Why it matters
This decision answers a previously open question in Florida law: whether presuit notice under section 768.28(6) is measured by mailing or receipt. Plaintiffs' counsel suing any state agency, county, school board, or… — full analysis with a trial
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