## Facts

- Robert Levine, a public high school student, alleged he was severely beaten by other students on March 27, 1977, during school hours and on school grounds.
- He alleged school district employees negligently failed to maintain order and supervise students, causing serious injuries.
- Before filing suit, Levine gave written notice of his claim to the Dade County School Board.
- Levine did not present written notice of the claim to the Florida Department of Insurance within three years after the claim accrued, as required by § 768.28(6), Florida Statutes (1977).
- After the School Board moved to dismiss, Levine filed an amended complaint acknowledging the lack of Department notice and submitted an affidavit asserting the Department had no financial interest or defense role and served only as a record-keeper and legislative reporter.
- The trial court dismissed the action with prejudice for noncompliance with the statutory notice requirement.
- The Third District Court of Appeal affirmed, stating it was bound by precedent treating the notice requirements as conditions precedent, and certified a question to the Florida Supreme Court.

## Issues

1. Whether a claimant may maintain a damages action under § 768.28 against a state agency or subdivision when the claimant notified the agency but failed to provide the statutorily required written notice to the Department of Insurance within three years.
2. Whether lack of prejudice to the agency or the Department’s limited administrative role excuses noncompliance with § 768.28(6).

## Decision

- The Florida Supreme Court answered the certified question “No” and approved the district court’s decision.
- The Court held that timely written notice to both the appropriate agency and the Department of Insurance (except for municipal claims) is a condition precedent to filing suit under § 768.28(6).
- The Court rejected an exception based on the Department’s limited role or the absence of prejudice to the agency.
- The dismissal with prejudice was affirmed.

## Legal Principles

- Waivers of sovereign immunity are strictly construed; statutory prerequisites to suit must be met as written.
- Under § 768.28(6), an action may not be instituted unless the claimant presents the claim in writing to the appropriate agency and, except for municipalities, also presents it in writing to the Department of Insurance within three years after accrual, followed by written denial by the Department or agency.
- Courts will not create judicial exceptions to clear statutory pre-suit notice requirements based on perceived lack of necessity or lack of prejudice; modifications are for the legislature.

## Conclusion

Because § 768.28(6) required timely written notice to the Department of Insurance in addition to notice to the School Board, and Levine failed to provide that notice within the statutory period, his action was barred and the dismissal with prejudice was affirmed.


Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210 (Fla. 1983)