PROCESSING OF CLAIMS FOR PERSONAL INJURY OR ILLNESS
If you have been injured or become ill arising from an incident at one of the Seminole Tribe of Florida's gaming facilities, you have the right to request compensation from the Tribe. However, you must follow the claims procedures set forth below or you will be barred from recovery.
Prompt Notice. It is important that you provide prompt written notice to the Seminole Tribe of Florida's Risk Management Department or the Facility ("Tribe") where the incident occurred, which resulted in the alleged claimed injury or illness. When the Tribe responds to an incident, you will be provided with a claim form. If you intend to seek compensation from the Tribe, for your injury or illness, you must complete this form and return it to the Tribe's Risk Management Department, in a reasonable period of time, but no later than three (3) years from the date of the incident, giving rise to the claimed injury or illness or the claim will be forever barred from recovery.
REQUEST AND SUBMISSION OF CLAIM FORM
Please submit your claim form to the following address:
Seminole Tribe of Florida/Risk Management Department
5201 Ravenswood Rd., Suite 107
Fort Lauderdale, Florida 33312
Phone #: 954-981-7410
Fax #: 954-983-0242
The Tribe shall have thirty (30) days to respond to a claim made by a Gaming Patron. If the Tribe fails to respond within thirty (30) days the Gaming Patron may file suit against the Tribe.
ACTION ON CLAIM
Once the claim form is received, the Tribe's Risk Management Department will forward the claim to its insurance carrier. The carrier will contact you in a timely manner, following the receipt of the claim. The Tribe will use its best efforts to assure that the insurance carrier contacts the Gaming Patron within a reasonable period of time, following the receipt of the claim.
The insurance carrier will handle the claim to conclusion. If the Gaming Patron, the Tribe and the insurance carrier are not able to resolve the claim in good faith within one (1) year after the Gaming Patron provided written notice to the Tribe's Risk Management Department or the Facility, the Gaming Patron may file a Tort Claim against the Tribe in any court of competent jurisdiction, in the county in which the incident alleged injury occurred, as provided in the 2010 Gaming Compact between the Tribe and the State of Florida ("Compact"), and subject to the four (4) year statute of limitation, which shall begin to run from the date of the incident of the alleged claimed injury or illness. A Gaming Patron's Notice of Injury to the Tribe pursuant to Section D.1. of Part VI of the Compact and the fulfillment of the good faith attempt at resolution pursuant to Section D.2. and D.4. of Part VI of the Compact are conditions precedent to filing suit.
For Tort Claims of Gaming Patrons made pursuant to Section D of Part VI of the Compact, 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(1) and (5), Florida Statutes, as such provision may be amended from time to time by the Florida Legislature. In no events shall The Tribe be deemed to have waived its Tribal sovereign immunity from suit beyond the limits set forth in section 768.28(5) Florida Statutes. These limitations are intended to include liability for compensatory damages, costs, pre-judgment interest and attorney fees if otherwise allowable under Florida law arising out of any claim brought or asserted against the Tribe, its subordinate governmental and economic units, any Tribal officials, employees, servants, or agents in their official capacities and any entity which is owed, directly or indirectly by the Tribe. All Gaming Patron Tort Claims brought pursuant to this provision shall be brought solely against the Tribe, as the sole party in interest.
The above procedure is the exclusive procedure for the handling of Gaming Patron Tort Claims.