JOAN DICSO AND JOSEPH DICSO, HER HUSBAND, APPELLANTS,
v.
NICK NAVARRO, AS FORMER SHERIFF OF BROWARD COUNTY, AND RON COCHRAN, AS CURRENT SHERIFF OF BROWARD COUNTY AND SUCCESSOR IN INTEREST, APPELLEES
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Appellants challenged dismissal of their amended complaint against the Broward County Sheriff's Office for failure to comply with Florida's notice requirement for claims against public agencies. The court reversed, holding that the amended complaint sufficiently alleged written notice to the appropriate agency through correspondence with the Sheriff's insurance adjuster.
The amended complaint sufficiently alleged compliance with the notice requirement. The letter from the insurance adjuster identifying his client as the Broward County Sheriff's Office and stating the claim had been investigated and was being denied, coupled with the allegation of appropriate notice, sufficiently demonstrated that notice was given to the appropriate party when viewed in the light most favorable to appellants.
[1] A complaint sufficiently alleges compliance with section 768.28(6), Florida Statutes, when it states that written notice was provided to the appropriate agency and attach…
[2] A claimant must present a claim in writing to the appropriate agency and the Department of Insurance within three years after the claim accrues, and receive a written den…
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Join FLexlaw to unlock all legal intelligence“An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also ... presents such claim in writing to the Department of Insurance, within 3 years after such claim accrues and the Department of Insurance or the appropriate agency denies the claim in writing.”
Statement of the statutory requirement for notice to public agencies before suit can be filed
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Join FLexlaw to unlock all legal intelligenceAppellants filed suit against the Broward County Sheriff's Office and named sheriffs. The amended complaint alleged compliance with section 768.28(6) …
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WOLF, JAMES R., Associate Judge.
Appellants challenge a final judgment which dismissed their amended complaint for failure to sufficiently allege compliance with section 768.28(6), Florida Statutes (1989). We find that the amended complaint sufficiently alleged that written notification of the claim was given to the Broward County Sheriffs Office. The trial court therefore erred in granting appellee’s motion to dismiss appellants’ amended complaint.
Section 768.28(6)(a), Florida Statutes, in pertinent part states:
An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also ... presents such claim in writing to the Department of Insurance, within 3 years after such claim accrues and the Department of Insurance or the appropriate agency denies the claim in writing....
Appellants’ amended complaint alleged in pertinent part:
5. Plaintiffs have complied with all conditions precedent to bringing suit against a public agency as required by Florida Statutes Section 768.28(6). (See Composite Exhibit “A”).
a) Plaintiffs provided written notice to the appropriate agency of their claims arising from the incident which is the subject of this suit, pursuant to Section 768.28(6)(a), Florida Statutes.
Attached as composite exhibit “A” to the complaint was a letter giving notice of the claim to Richard Sully Rizzo of Rizzo & Rizzo Insurance Adjusters, Inc., an insurance adjuster for Broward County Sheriffs Office, and a response letter to appellants’ attorney from Rizzo stating that they had investigated the claim and were denying it.1
We find that the letter from the insurance adjuster which identified his client as the Broward County Sheriffs Office and stated “we have investigated the claim” and “we are respectfully denying your claim,” coupled with the allegation that appropriate notice had been given pursuant to the statute, when viewed in the light most favorable to appellants, sufficiently demonstrate that notice was given to the appropriate party. The final order dismissing the amended complaint is reversed.
FARMER and PARIENTE, JJ., concur. . There is some question whether affidavits from appellants' attorney were attached and made a part of the complaint. In light of our disposition it is unnecessary for us to resolve this issue.