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Florida Statute 11.066 | Lawyer Caselaw & Research
F.S. 11.066 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 11.066

The 2023 Florida Statutes (including Special Session C)

Title III
LEGISLATIVE BRANCH; COMMISSIONS
Chapter 11
LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING
View Entire Chapter
F.S. 11.066
11.066 Suits seeking monetary damages against the state or its agencies; payment of judgments; appropriations required.
(1) As used in this section, the term “appropriation made by law” has the same meaning as in s. 1(c), Art. VII of the State Constitution and means money allocated for a specific purpose by the Legislature by law in a general appropriations act or a special appropriations act.
(2) The state and each state agency, when exercising its inherent police power to protect the public health, safety, or welfare, is presumed to be acting to prevent a public harm. A person may rebut this presumption in a suit seeking monetary damages from the state or a state agency only by clear and convincing evidence to the contrary.
(3) Neither the state nor any of its agencies shall pay or be required to pay monetary damages under the judgment of any court except pursuant to an appropriation made by law. To enforce a judgment for monetary damages against the state or a state agency, the sole remedy of the judgment creditor, if there has not otherwise been an appropriation made by law to pay the judgment, is to petition the Legislature in accordance with its rules to seek an appropriation to pay the judgment.
(4) Notwithstanding s. 74.091, a judgment for monetary damages against the state or any of its agencies may not be enforced through execution or any common-law remedy against property of the state or its agencies, and a writ of execution therefor may not be issued against the state or its agencies. Moreover, it is a defense to an alternative writ of mandamus issued to enforce a judgment for monetary damages against the state or a state agency that there is no appropriation made by law to pay the judgment.
(5) The property of the state, the property of any state agency, or any monetary recovery made on behalf of the state or any state agency is not subject to a lien of any kind.
History.s. 40, ch. 91-109; s. 1, ch. 2001-266.

F.S. 11.066 on Google Scholar

F.S. 11.066 on Casetext

Amendments to 11.066


Arrestable Offenses / Crimes under Fla. Stat. 11.066
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 11.066.



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. MATHESON, v. MIAMI- DADE COUNTY,, 258 So. 3d 516 (Fla. App. Ct. 2018)

. . . The department refused to pay "based on its assertion that section 11.066 prohibits a state agency from . . . Subsection (3) of section 11.066 provided that "[n]either the state nor any of its agencies shall pay . . . Id. at 1265 (quoting section 11.066). . . . absolute bar to the State's payment of all judgments," the Court conceded, "[i]n interpreting section 11.066 . . . monetary damages from the state or a state agency only by clear and convincing evidence to the contrary. § 11.066 . . .

CORCORAN, v. F. GEFFIN J. A., 250 So. 3d 779 (Fla. App. Ct. 2018)

. . . However, DEP refused to pay the judgment, asserting payment was barred by section 11.066(3), which states . . . The trial court denied the petition, finding section 11.066(3) barred payment. . . . This court reversed, finding section 11.066(3) did not pertain to contract actions. Id. at 1038. . . . The supreme court affirmed, finding section 11.066 was intended to apply only to claims based on the . . .

BOGORFF, s v. SCOTT, s, 223 So. 3d 1000 (Fla. 2017)

. . . courts seeking writs of mandamus to compel payment or, in the alternative, declarations that sections 11.066 . . . Section 11.066(3) requires “an appropriation made by law” for compelling payment of judgments against . . . the State or its agencies, while section 11.066(4) provides that the lack of an “appropriation made . . . The as-applied challenge to the constitutionality of section 11.066(3), Florida Statutes (2016), which . . . Should the Class fail in obtaining a writ of mandamus, pursuant to section 11.066(4), the constitutional . . .

BOGORFF, C. P. A. P. A. P. L. LLP, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, 191 So. 3d 512 (Fla. Dist. Ct. App. 2016)

. . . Citrus Canker Eradication Program (“Class”) appeal an order that denied- its motion to declare sections 11.066 . . . See § 11.066(4), Fla. Stat. (2016). We upheld that decision. Dep’t of Agric. v. . . . But, we reversed the court’s declaration that section 11.066(3) was constitutional “as applied” because . . . the Class had “not yet availed itself of the appropriation process contemplated by section 11.066.” . . . Nothing in section 11.066(3) refers to a claim bill. . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ, 126 So. 3d 367 (Fla. Dist. Ct. App. 2013)

. . . Applicability of Section 11.066(2) The Department claims that the trial court erred in the takings trial . . . by failing to apply the presumption contained in section 11.066(2), Florida Statutes, as well as the . . . Even if section 11.066(2) applied, however, there was undisputed evidence before the trial court that . . . Thus, if the presumption of section 11.066(2) had been applied, the plaintiffs’ evidence overwhelmingly . . . Because section 11.066(2) applies only to the presumption of public harm, it is not applicable to the . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ,, 126 So. 3d 1192 (Fla. Dist. Ct. App. 2012)

. . . Florida Statutes, without first petitioning the Legislature to appropriate such funds pursuant to section 11.066 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. MENDEZ,, 98 So. 3d 604 (Fla. Dist. Ct. App. 2012)

. . . First, the class contended that section 11.066, Florida Statutes (2000), which prohibits the execution . . . Second, and alternatively, they argued that section 11.066 was unconstitutional as applied to takings . . . However, the court reasoned that the language in subsection 11.066(4) — “Notwithstanding s. 71.091, a . . . The court did not reach “the question of whether section 11.066 is unconstitutional.” . . . Finally, the court held that section 11.066(3) was constitutional as applied. . . .

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. CONTRACTPOINT FLORIDA PARKS, LLC,, 986 So. 2d 1260 (Fla. 2008)

. . . In order to decide this issue we must interpret section 11.066(3), Florida Statutes (2005), on which . . . State, 958 So.2d 1035 (Fla. 1st DCA 2007), the First District Court of Appeal held that section 11.066 . . . The issue here concerns DEP’s refusal to pay the judgment based on its assertion that section 11.066 . . . Accordingly, the First District concluded that the Legislature did not intend section 11.066 to apply . . . In fact, the only other Florida case that has discussed section 11.066 is Haire v. . . . The majority and I part ways because I find that section 11.066 is clear and unambiguous. . . . Subsection (4) of section 11.066 expressly answers the question before this Court. . . . .” § 11.066(4), Fla. Stat. (2001). . . . . § 11.066(3), Fla. Stat. (2001). . . . Again, I disagree and would apply the plain language of section 11.066. . . .

CONTRACTPOINT FLORIDA PARKS, LLC, v. STATE, 958 So. 2d 1035 (Fla. Dist. Ct. App. 2007)

. . . However, DEP refused to pay the judgment asserting section 11.066(3), Florida Statutes (2001), barred . . . The relevant portion of section 11.066, Florida Statutes (2001), provides: (1) As used in this section . . . denying the Petition for Writ of Mandamus, stating that in the face of the clear language of section 11.066 . . . and, thus, was entitled to mandamus relief rests on this court’s interpretation of whether section 11.066 . . . Accordingly, we certify the following question to be one of great public importance: DOES SECTION 11.066 . . .

BRADSHAW, v. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, a, 486 F.3d 1205 (11th Cir. 2007)

. . . . §§ 11.02,11.065 & 11.066 (describing procedures relating to the enactment of a claims bill). . . .

CORAL IMAGING SERVICES, a o a v. GEICO INDEMNITY INSURANCE COMPANY,, 955 So. 2d 11 (Fla. Dist. Ct. App. 2006)

. . . . § 11.062(2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23 . . .

M. HAIRE, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v., 870 So. 2d 774 (Fla. 2004)

. . . during oral argument, observing that this is nothing more than a reiteration of the language in section 11.066 . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 11.066. . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 11.066. . . .

COLLEGE SAVINGS BANK, v. FLORIDA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD,, 948 F. Supp. 400 (D.N.J. 1996)

. . . . § 11.066(3). . . . In addition, the Court is not persuaded by CSB’s suggestion that the importance of Fla Stat. § 11.066 . . .

BYRON. ALBURY v. BYRON, 4 F. Cas. 956 (C.C.S.D. Fla. 1854)

. . . The Phebe [Case No. 11.066]; Burke v. Trevitt [Id. 2,163]; La Jeune Eugenie [Id. 15.551]. . . .