FLORIDA DEPARTMENT OF TRANSPORTATION AND STATE OF FLORIDA, APPELLANTS,
v.
RAUL LOPEZ, APPELLEE
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TILLMAN PEARSON, (Ret.) Associate Judge.
The Florida Department of Transportation and the State of Florida appeal an order denying their motion for a change of venue in a negligence action brought by appellee, Raul Lopez. The cause of action accrued prior to October 1, 1981. Section 768.28(1), Florida Statutes (1981) provides, subject to some limitation, that an action for negligence against an agency of the state may be brought where the cause of action accrued. It is apparent that the trial court applied this section without having its attention called to Section 768.28(14). The latter section limits the application of the prior section to a cause of action which accrues on or after October 1, 1981. Actions prior to that date are subject to the State’s venue privilege as set forth in Florida Public Service Commission v. Triple “A” Enterprises, Inc., 387 So. 2d 940 (Fla.1980).
We have examined the record in the light of appellee’s argument and find no basis for an exception to the State’s venue privilege. The order appealed is reversed and the cause remanded with directions to grant the State’s motion for change of venue.
Reversed and remanded with directions.
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Medina v. Fla. Dep't of Transp., 426 So. 2d 1172 (Fla. 3d DCA 1983)…vilege, entitling a governmental entity to be sued in the county where it maintains its headquarters, applies both to state agencies, Carlile v. Game & Fresh Water Fish Commission, 354 So. 2d 362 (Fla.1978); Florida Dept. of Transportation v. Lopez, 415 So. 2d 116 (Fla. 3d DCA 1982), and to state subdivisions. Metropolitan Dade County v. Kelly, 348 So. 2d 49 (Fla. 1st DCA 1977). However, we agree with the opinion in Grice v. Board of County Commissioners, 413 So. 2d 88, 89-90 (Fla. 1st DCA 1982) that: The c…
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Dep't OF Transp. v. Gen. Portland, Inc., 443 So. 2d 276 (Fla. 3d DCA 1983)…ncy in the county where the accident took place.2 Section 768.28(14), Florida Statutes (1981), provides that section 768.28 shall apply only to causes of action which accrue on or after October 1, 1981. Florida Department of Transportation v. Lopez, 415 So. 2d 116 (Fla. 3d DCA 1982). Venue is therefore proper in Dade County, as this action for contribution did not accrue until [*278] subsequent to October 1, 1981. It is the date the action accrued against appellant that is controlling in this case, not the da…
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Gerard v. Dep't OF Transp., 455 So. 2d 500 (Fla. 1st DCA 1984)…y section 768.28(14) "only to causes of action which accrue on or after October 1, 1981.” As the injury occurred before October 1, 1981, the amended provisions are inapplicable to appellant’s claim. See Florida Department of Transportation v. Lopez, 415 So. 2d 116 (Fla. 3d DCA 1982).…
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- Fla. Pub. Serv. Comm'n v. Triple "A" Enters., Inc., 387 So. 2d 940 (Fla. 1980)