[fl] 12yo Daughter (2x Inpatient For Si In 9 Days) Tied To Sustained Sexuality-based Harassment At Fl Public Middle School — Strategy/timing Questions While I Find Counsel

Location: Florida

My 12-year-old daughter has been bullied at her Florida public middle school since at least January. Most of it happened in one classroom. The conduct included sexuality-based name-calling, body-shaming, and a classmate sending her direct messages telling her to die. She is bisexual, and the harassment targeted that. We have screenshots of the messages.

She has been hospitalized twice in nine days for suicidal ideation. The first hospitalization, on April 27, came after the school's own counselor identified her as at acute risk and made an emergency referral to inpatient care. I did not learn the full scope of the bullying until after that referral.

On May 7 I emailed the principal asking the school to formally investigate. The principal replied in writing on May 8 saying the matter "was just brought to our attention yesterday" and that the school "will definitely investigate."

I am trying to understand two pieces of the legal framework before my first attorney consultation.

First, Florida Statute § 768.28(6) requires written notice to the agency at least 180 days before suing a school district in tort. Does the 180-day clock start running from the principal's May 8 written acknowledgment, or does the district's earlier knowledge — when its own counselor made the April 27 emergency psychiatric referral — start the clock earlier?

Second, the harassment was sexuality-based and targeted a real protected characteristic. Is the school required to open a Title IX intake under federal law (34 C.F.R. § 106) in addition to investigating under Florida's Stand Up for All Students Act (§ 1006.147), or can the district lawfully limit its response to the state-law track only?