08/07/2026
Legal Insight of the Week
Discretionary or Operational?
In Florida Department of Environmental Protection v. Estate of Jana Sophie Zoll, a 15-year-old girl was struck and killed while crossing a highway between two campgrounds at a designated crosswalk. Her Estate brought a wrongful death and premises liability action against the Florida Department of Environmental Protection (FDEP) and the Florida Department of Transportation (FDOT), alleging the agencies created a dangerous condition by designing the recreation area so visitors were required to cross the highway and by failing to provide adequate lighting and traffic signals.
The Fifth District Court of Appeal held that the agencies were protected by sovereign immunity, finding that the campground's layout, roadway design, and decisions regarding lighting and traffic signals were discretionary, planning-level governmental functions, rather than operational functions that could give rise to liability.
As a result, the court reversed the trial court's ruling and directed dismissal of the Estate's claims.
Takeaway: Florida courts continue to distinguish between discretionary governmental decisions, which are generally protected by sovereign immunity, and operational actions, which may expose a government entity to liability.
We will continue sharing weekly case insights from attorney Lauren Lindahl Lytal at Lytal, Reiter, Smith, Ivey & Fronrath to help keep both the public and legal community informed. ⚖️
