Seminole Tribe of Florida Patron Claims
Processing of Claims for Personal Injury and Damage to Personal Property
If you have been injured, or have suffered property damage at one of the Seminole Tribe of Florida's (“Tribe”) gaming facilities (one of the Tribe’s buildings in which Covered Games are played, referred to as “Facility”), you may file a tort claim seeking compensation from the Tribe. Pursuant to the Gaming Compact (“Compact”), you must follow the claim procedures set forth below; otherwise, you will be barred from recovery.
Prompt Notice
It is important that you provide prompt written notice of the incident that resulted in the claimed injury or property damage in the form of the Notice of Gaming Patron Tort Form (“Claim Form”) to the Tribe’s Risk Management Department. It is your responsibility to complete and timely submit the Claim Form within three (3) years after the date of the incident giving rise to the claimed injury or damage, or the claim shall be forever barred.
The Notice of Gaming Patron Tort Form can be found here; it may also be obtained by written request to the Tribe’s Risk Management Department.
Submission of Claim Form
Please submit your Claim Form to:
Seminole Tribe of Florida/Risk Management Department
5701 Stirling Road
Davie, FL 33314
Phone #: 954-488-7494
Fax #: 954-417-3085
Claim Processing
Once the Claim Form is received, the Tribe’s Risk Management Department will forward the claim to the Tribe’s insurance carrier. The Tribe, or its Insurer, shall have thirty (30) days from the date of receipt of the Claim Form to respond. The Tribe will use its best efforts to assure that the insurance carrier contacts you within a reasonable period of time. The insurance carrier will handle the claim to conclusion.
Limited Waiver of Tribal Sovereign Immunity
The Tribe’s sovereign immunity has been waived only as expressly stated in the Compact. If, after one (1) year from receipt of the Claim Form by the Tribe’s Risk Management Department, you are unable to resolve your claim with the insurance carrier, you may file a lawsuit against the Tribe as the sole party in interest. The lawsuit must be brought in a court of competent jurisdiction in the county where the incident alleged to have caused injury occurred, and within the applicable statute of limitations, which in most cases is four (4) years from the date of the incident.
The Tribe agrees to waive its tribal sovereign immunity to the same extent as the State of Florida waives its sovereign immunity, as specified in Sections 768.28(1) and (5), as such provisions may be amended from time to time by the Florida Legislature. In no event shall the Tribe be deemed to have waived its immunity from suit beyond the statutory cap on damages set forth in Section 768.28(5), Florida Statutes. Section 768.28(8), Florida Statutes, as such provision may be amended from time to time by the Florida Legislature, applies to all tort claims of Patrons. These limitations are intended to include liability for compensatory damages, costs, pre-judgment interest, and attorney’s fees, arising out of any claim brought or asserted against the Tribe, its subordinate governmental and economic units, Tribal officials, employees, servants, or agents in their official capacities, and any entity which is owned either directly or indirectly by the Tribe.
Exclusive Procedure
The above process is the exclusive procedure for the handling of any tort claim eligible to be brought against the Tribe. Thus, the above-mentioned process must be exhausted before filing a claim in a court of competent jurisdiction, otherwise the claim shall be forever barred.
Processing of Claims for Personal Injury and Damage to Personal Property
If you have been injured, or have suffered property damage at one of the Seminole Tribe of Florida's (“Tribe”) gaming Facilities (one of the Tribe’s buildings in which Covered Games are played), you may file a tort claim seeking compensation from the Tribe. Pursuant to the 2010 Gaming Compact (“Compact”), you must follow the claim procedures set forth below, otherwise you will be barred from recovery.
Prompt Notice
It is important that you provide prompt written notice to the Tribe’s Risk Management Department, or the Facility, of the incident which resulted in the claimed injury or property damage. Specifically, such written notice should be provided on a Notice of Gaming Patron Tort Claim form (“Claim Form”, which will be provided to you), and returned to the Tribe’s Risk Management Department or the Facility. It is your responsibility to complete and timely submit the written notice. The written notice is timely submitted, if it is submitted within three (3) years after the date of the incident giving rise to the claimed injury or damage.
Submission of Claim Form
Please submit your Claim Form to either the Facility, or the following address:
Risk Manager
Seminole Tribe of Florida/Risk Management Department
5701 Stirling Road
Davie, FL 33314
Phone #: 954-488-7494
Fax #: 954-417-3085
Claim Processing
Once the Claim Form is received by either the Tribe’s Risk Management Department, or the Facility, the Tribe’s Risk Management Department will forward the claim to its insurance carrier. The insurance carrier will contact you in a timely manner, and handle the claim to conclusion.
Limited Waiver of Tribal Sovereign Immunity
The Tribe’s sovereign immunity has been waived only as expressly stated in the Compact. If, after one (1) year from providing written notice to the Tribe, you are unable to resolve your claim with the insurance carrier, you may file a lawsuit against the Tribe as the sole party in interest pursuant to the Compact with the State of Florida. The lawsuit must be brought in a court of competent jurisdiction in the county where the incident alleged to have caused injury or property damage occurred, and within the applicable statute of limitations, which in most cases is four (4) years from the date of the incident.
In no event shall the Tribe be deemed to have waived its immunity from suit beyond the statutory cap on damages set forth in Section 768.28(5), Florida Statutes, as may be amended, which cannot exceed $200,000.00 by any one person, or $300,000.00 when totaled with all other claims or judgments arising out of the same incident or occurrence. These limitations are intended to include liability for compensatory damages, costs, pre-judgment interest, and attorney’s fees, arising out of any claim brought or asserted against the Tribe, its subordinate governmental and economic units, Tribal officials, employees, servants, or agents in their official capacities, and any entity which is owned either directly or indirectly by the Tribe.
Exclusive Procedure
The above process is the exclusive procedure for the handling of any tort claim(s) eligible to be brought against the Tribe. Thus, the above-mentioned process must be exhausted before filing a claim in a court of competent jurisdiction, otherwise the claim shall be forever barred.