Why Every Term of a Florida Government Contract Must Be in Writing

When a party enters into a contract with the State of Florida or any entity of the state, such as an agency or municipality, the entire agreement needs to be in writing. Florida Courts have been clear that any waiver of sovereign immunity does not extend to obligations that are not expressly set forth in a written contract. While there are exceptions to sovereign immunity in the area of contracts that a governmental entity enters, there needs to be an express written contract. See City of Fort Lauderdale v. Tropical Paradise Resorts, LLC, 372 So.3d 663, 668 (Fla. 4th DCA 2023). In City of Fort Lauderdale, the City of Fort Lauderdale implemented a program to purchase hotel blocks to provide temporary housing to homeless individuals. Id. Tropical Paradise Resorts, LLC was one of the hotels that contracted with the City for this program. Id. Unfortunately, a gentleman who was placed in the program murdered another hotel guest and that hotel guest’s family filed a wrongful death lawsuit against the hotel. Id. The hotel, in turn, filed a third-party complaint against the City on multiple grounds. Id. The claims were based in contract and alleged oral promises or statements made by City personnel. Id. The Fourth District Court of Appeal found that those claims not based upon a written,  express contract were barred by sovereign immunity. 

Florida courts also hold that sovereign immunity is not waived for implied contracts or policy-based obligations. See City of Fort Lauderdale v. Israel, 178 So.3d 444, 447 (Fla. 4th DCA 2015). The Broward County Sheriff sued the City of Fort Lauderdale for services rendered after the parties contract expired. Id. The Fourth District Court of Appeal found that even though the Sheriff performed work, he was not entitled to sue the City due to Sovereign immunity. Id. In order for a waiver of Sovereign Immunity to be found, there must be a written, express contract.