United States · Florida claims against government
When must a Florida tortfeasor present a government contribution claim?
Section 768.28(6)(a)1. requires contribution presentment within six months after the judgment becomes final through appeal-time expiry or appellate review. Without that judgment, it uses common-liability payment or an agreement to discharge that liability made while the action is pending. The separate contribution lawsuit requirements remain distinct.
- Period
- Six months from the applicable final-judgment, payment or agreement event
- Trigger
- Actual judgment finality or, without that judgment, qualifying payment or pending-action agreement
- Rule
- 2026 Florida Statutes section 768.28(6)(a)1.
2026 Florida Statutes, October 1, 2026 civil compilation and July 1, 2026 general practice compilation
Source guide · No automated date
Establish the complete Florida government claim procedure
The preset’s single judgment-or-payment event omits appeal finality and the express pending-action agreement branch. It cannot establish contribution entitlement, complete presentment or separate enforcement. No computed or paid date is released.
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Which actual event starts this Florida government claim period?
Establish that the claim seeks contribution rather than indemnity.
Preserve actual judgment finality or the qualifying payment and pending-action agreement history.
Present the written claim to each legally required recipient and assess separate enforcement.
2026 Florida Statutes section 768.28(6)(a)1.How does Florida count this civil period?
- Establish that the claim seeks contribution rather than indemnity.
- Do not convert statutory years or months into fixed day counts. Establish the governing computation provision for the actual presentment, denial or court-filing act. This conditional guide computes no date.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
A court clerk holiday does not by itself establish agency presentment or a statutory denial date. Establish the applicable computation provision and recipient procedure. Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)Why does this procedure need a separate comparison?
The preset’s single judgment-or-payment event omits appeal finality and the express pending-action agreement branch. It cannot establish contribution entitlement, complete presentment or separate enforcement. No computed or paid date is released.
Which Florida government claim qualifications change the procedure?
- Entry of judgment is not necessarily finality
- The six-month judgment branch runs after the judgment becomes final through lapse of appeal time or appellate review. Preserve entry, appeal history and the actual finality event instead of using the first judgment date automatically.
- The nonjudgment branch includes an agreement
- Without the stated judgment, paragraph 1. uses either payment discharging common liability or an agreement to discharge it made while the action is pending. A later payment date must not silently replace a qualifying earlier agreement event.
- Contribution entitlement has substantive conditions
- Section 768.31(2) addresses joint or several tort liability, payment beyond the pro rata share, intentional conduct and settlement extinguishing another tortfeasor’s liability. It also distinguishes indemnity. A selected notice date proves none of those conditions.
- Presentment is not the separate enforcement limit
- Section 768.31(4)(c) uses one year after judgment finality for a separate action. Paragraph (d) has distinct timely-payment and pending-action agreement branches, including completing both payment and the action within the stated agreement interval. Six-month government presentment does not automatically satisfy them.
- Identify each legally required notice recipient
- Section 768.28(6)(a) requires written presentment to the appropriate agency. It also requires DFS presentment, subject to its express municipality, county and Florida Space Authority exception. The wrongful-death subparagraph expressly names DFS. Preserve the actual defendant classification and applicable treatment before omitting any notice.
- This guide does not establish accrual, a sovereign-immunity waiver, completed presentment, an applicable tolling period or permission to file suit.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida government claim act
When must a Florida tortfeasor present a government contribution claim?
May I use the day judgment was entered without reviewing an appeal?
The statute uses finality through lapse of appeal time or appellate review. Establish the actual finality event.
2026 Florida Statutes section 768.28(6)(a)1.Without a judgment, does only payment start presentment time?
No. The statute also names an agreement to discharge common liability made while the action is pending. Establish the qualifying branch.
2026 Florida Statutes section 768.28(6)(a)1.Does presenting within six months complete the contribution lawsuit?
No. Section 768.31(4) separately governs enforcement, and subsection (2) governs substantive contribution entitlement.
2026 Florida Statutes section 768.31(2),(4)Official Florida government claim sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 768.28(6)(a)1. | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 768.28(6)(a)1. | Entry of judgment is not necessarily finality |
| 2026 Florida Statutes section 768.28(6)(a)1. | The nonjudgment branch includes an agreement |
| 2026 Florida Statutes section 768.31(2)(a)–(f) | Contribution entitlement has substantive conditions |
| 2026 Florida Statutes section 768.31(4)(c),(d) | Presentment is not the separate enforcement limit |
| 2026 Florida Statutes section 768.28(6)(a) | Identify each legally required notice recipient |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.080(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |