Seminole Tribe of FloridaPatron Claims
Effective Date: April 19, 2021
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.
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:
Seminole Tribe of Florida/Risk Management Department
6300 Stirling Road
Hollywood, FL 33024
Phone #: 954-981-7410
Fax #: 954-983-0242
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.
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.