Deadlines & Statute of Limitations

What is a notice of claim requirement?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A statutory requirement to formally notify a government entity of your claim before suing — a precondition, not a courtesy.

It's a written presentation of the claim to the responsible entity, required before a lawsuit against a government defendant may be filed.

What it must contain and where it goes is specified by statute, and both matter. Notice sent to the wrong entity, or missing required content, may not satisfy the requirement.

Why it exists. To give the government an opportunity to investigate and potentially resolve claims before litigation.

Why it's dangerous. It's a condition precedent. A claim with strong merits, filed within the limitations period, can be dismissed because notice was never properly given or was given too late.

It's easy to miss because it's counterintuitive — people expect a deadline to file, not a separate deadline to notify.

Where it applies beyond government. Some other claim types have their own pre-suit requirements — medical negligence has a pre-suit investigation process, and PIP suits require a demand letter.

If a government entity is involved at all, get counsel now. This step has no workaround. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.