University of Miami Law Review


1980 Part Two


Since Florida waived its governmental immunity in tort actions by enacting section 768.28 of the Florida Statutes, there has been much controversy over the extent of this waiver. The decision of the Supreme Court of Florida in 1979 in Commercial Carrier Corp. v. Indian River County developed a fourpronged test for determining when a governmental entity acting in a governmental capacity would still be liable under the statute. In this article the authors examine the Commercial Carrier test and survey the Florida cases applying it. The authors also discuss several significant legislative amendments to section 768.28, and the 1979 and 1980 Florida cases that have construed the statute.