FROM THE KING TO THE COLONIES
263
within the scope of their employment, it provides full compensation to those
injured by “commonplace negligence,” but not for people whose claims in-
volve intentional torts or strict liability
.
15
Although the FTCA’s numerous
exceptions have made the statute somewhat confusing, it successfully pro-
vided “a traversable bridge across the moat of sovereign immunity.
16
IV. Sovereign Immunity in Florida
At the state level, most jurisdictions have embraced sovereign immunity
.
17
Florida has recognized it both in case law and the state constitution
.
18
In
Pereira v. State Rd. Dep’t.,
for example, it was held that because it is “fun-
damental that a sovereign state may not be sued without its consent,” one
cannot sue the State Road Department
.
19
Similarly, in
Valdez v. State Rd.
Dep’t.
, it was said that “it is elementary that the State is a sovereign and
cannot be sued without its consent.
20
In 1973, the Florida legislature passed its equivalent of the FTCA and
waived state sovereign immunity for actions in tort
.
21
Under Section 768.28
15 See Paul F. Figley,
Understanding the Federal Tort Claims Act: A Different Metaphor
,
.
16
Id
. at 1106 (citing
Jaffee v. United States
,
)
.
17 See
§
(1979).
18 “Provision may be made by general law for bringing suit against the state as to all
liabilities now existing or hereafter originating.”
§
13
.
19
.
20
,
quoting
Shuey v. State of Mich.
,
106
.
21 Larry A. Klein & Brad A. Chalker,
Developments in Florida’s Doctrine of Sovereign
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