Decisions by the judicial system can interpret statutes passed by the legislature. In the seminal case Commercial Carrier Corp. v. Indian River Cnty., the Florida Supreme Court determined that the scope of the waiver did not include certain policy-making, planning or judgmental governmental functions.
In this case, the Florida Supreme Court held that although section 768.28 evinces the intent of the legislature to waive sovereign immunity on a broad basis, certain “discretionary” governmental functions remain immune from tort liability. The Court adopted the “planning” and “operational” levels of decision-making by governmental agencies, Planning level functions require basic policy decisions that are not subject to tort liability immunity, while operational level functions are those that implement policy and are thus subject to tort liability.
Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979).
See https://law.justia.com/cases/florida/supreme-court/1979/51462-0.html
