## Facts

- Patrick L. Carlile was injured in a hunting accident in the J.W. Corbitt Wildlife Management Area, which was controlled and managed by the Game & Fresh Water Fish Commission (a Florida state agency).
- Carlile filed a tort action in Palm Beach County, where the alleged wrong occurred.
- The Commission’s principal headquarters were located in Leon County.
- The Commission moved to transfer venue to Leon County or dismiss for improper venue; the trial court denied the motion.
- The district court of appeal reversed and ordered transfer to Leon County.
- The Florida Supreme Court accepted review based on conflict among district courts on venue for tort suits against the State or its agencies after enactment of Florida’s sovereign-immunity waiver statute.

## Issues

1. Whether Florida’s statutory waiver of sovereign immunity for tort liability, § 768.28, alters the common-law venue rule requiring suits against state agencies to be filed in the county of the agency’s principal headquarters.
2. Whether a tort plaintiff may sue a state agency in the county where the cause of action accrued absent an express statutory venue provision or waiver by the agency.

## Decision

- The Florida Supreme Court discharged the writ of certiorari and affirmed the order requiring transfer of venue to Leon County.
- The Court held that, absent waiver or a specific statutory exception, venue in civil actions against the State or its agencies lies in the county of the agency’s principal headquarters.
- The Court concluded § 768.28 waived sovereign immunity from tort liability but did not change the State’s venue privilege.
- The Court rejected and overruled the contrary district court decision that treated § 768.28 as modifying venue rules.

## Legal Principles

- Florida common law places venue for civil actions against the State or a state agency, absent waiver or exception, in the county where the agency maintains its principal headquarters.
- A statutory waiver of sovereign immunity from tort liability is construed as addressing substantive liability unless the Legislature clearly indicates it also alters procedural privileges such as venue.
- Legislative intent governs statutory interpretation; courts will not infer a change to the State’s venue privilege from general “same manner and extent” liability language without explicit direction.

## Conclusion

The court reaffirmed that tort suits against Florida state agencies must be filed in the county of the agency’s principal headquarters unless the agency waives that privilege or the Legislature creates an explicit venue exception, requiring transfer of Carlile’s action to Leon County.


Carlile v. Game & Fresh Water Fish Comm’n, 354 So. 2d 362 (Fla. 1977)