Florida Statutes
Fla. Stat. § 11.066 (2025)
Suits seeking monetary damages against the state or its agencies; payment of judgments; appropriations required.
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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.
Notes of Decisions
Cited in 17
cases, 1996–2019 · leading case: Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008).
Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008). “The plain language of section 11.066, Florida Statutes (2001), is applicable in the instant case and requires the conclusion that the trial court properly denied ContractPoint's petition for a writ of mandamus.”
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012). “§ 11.066, Fla. Stat. . Which provides in full: Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such…”
Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce & Timothy Donald Farley, etc. v. Florida Dep't of Agric. & Consum. Servs. & The Florida Comm'r Agric., 191 So. 3d 512 (Fla. 4th DCA 2016). “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…”
ContractPoint Florida Parks, LLC v. State, 958 So. 2d 1035 (Fla. 1st DCA 2007). “The relevant portion of section 11.066, Florida Statutes (2001), provides: (1) As used in this section, the term "appropriation made by law" has the same meaning as in s.”
Coll. Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 948 F. Supp. 400 (D.N.J. 1996). “FlaStat. § 11.066(3). Thus, the fact that Florida Prepaid may have more than ample funds to satisfy any judgment that may result from this action is completely irrelevant because Florida Prepaid, like all other state agencies in Florida, is barred by law from satisfying any…”
Corcoran v. Geffin, 250 So. 3d 779 (Fla. 1st DCA 2018). “The supreme court affirmed, finding section 11.066 was intended to apply only to claims based on the exercise of the State's police power, and to apply it to breach of contract cases would render governmental contracts illusory.”
Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018). “The department refused to pay “based on its assertion that section 11.066 prohibits a state agency from paying any judgment unless there is a specific appropriation by the Legislature for that judgment.”
Haire v. Florida Dep't of Agric. & Consum. Servs., 870 So. 2d 774 (Fla. 2004). “The State conceded this point during oral argument, observing that this is nothing more than a reiteration of the language in section 11.066(3), Florida Statutes (2003), which expressly provides that “[n]either the state nor any of its agencies *786 shall pay or be required to…”
Haire v. Fla. Dept. of Agr. & Cons. Serv., 870 So. 2d 774 (Fla. 2004). “The State conceded this point during oral argument, observing that this is nothing more than a reiteration of the language in section 11.066(3), Florida Statutes (2003), which expressly provides that "[n]either the state nor any of its agencies *786 shall pay or be required to…”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “I write separately to suggest that the legislature consider certain amendments to section 11.066, Florida Statutes (2015). As an initial matter, our holding subsections 11.”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “I write separately to suggest that the legislature consider certain amendments to section 11.066, Florida Statutes (2015). As an initial matter, our holding subsections 11.”
Coral Imaging Servs. v. Geico Indem. Ins., 955 So. 2d 11 (Fla. 3d DCA 2006). “062 (2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.”
— 11.066(2) — 3 cases
Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008). “The plain language of section 11.066, Florida Statutes (2001), is applicable in the instant case and requires the conclusion that the trial court properly denied ContractPoint's petition for a writ of mandamus.”
Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. 3d DCA 2018). “The department refused to pay “based on its assertion that section 11.066 prohibits a state agency from paying any judgment unless there is a specific appropriation by the Legislature for that judgment.”
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 126 So. 3d 367 (Fla. 4th DCA 2013).
— 11.066(3) — 11 cases
Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008). “The plain language of section 11.066, Florida Statutes (2001), is applicable in the instant case and requires the conclusion that the trial court properly denied ContractPoint's petition for a writ of mandamus.”
Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce & Timothy Donald Farley, etc. v. Florida Dep't of Agric. & Consum. Servs. & The Florida Comm'r Agric., 191 So. 3d 512 (Fla. 4th DCA 2016). “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…”
Coll. Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 948 F. Supp. 400 (D.N.J. 1996). “FlaStat. § 11.066(3). Thus, the fact that Florida Prepaid may have more than ample funds to satisfy any judgment that may result from this action is completely irrelevant because Florida Prepaid, like all other state agencies in Florida, is barred by law from satisfying any…”
Florida Dep't of Agric. & Consum. Servs. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012). “§ 11.066, Fla. Stat. . Which provides in full: Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by the jury shall not invalidate said judgment or the title of the petitioner, and such…”
Corcoran v. Geffin, 250 So. 3d 779 (Fla. 1st DCA 2018). “The supreme court affirmed, finding section 11.066 was intended to apply only to claims based on the exercise of the State's police power, and to apply it to breach of contract cases would render governmental contracts illusory.”
— 11.066(4) — 6 cases
Fl. Dept. of Env't Prot. v. Contractpoint Florida Parks, LLC, 986 So. 2d 1260 (Fla. 2008). “The plain language of section 11.066, Florida Statutes (2001), is applicable in the instant case and requires the conclusion that the trial court properly denied ContractPoint's petition for a writ of mandamus.”
Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce & Timothy Donald Farley, etc. v. Florida Dep't of Agric. & Consum. Servs. & The Florida Comm'r Agric., 191 So. 3d 512 (Fla. 4th DCA 2016). “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…”
Coral Imaging Servs. v. Geico Indem. Ins., 955 So. 2d 11 (Fla. 3d DCA 2006). “062 (2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “I write separately to suggest that the legislature consider certain amendments to section 11.066, Florida Statutes (2015). As an initial matter, our holding subsections 11.”
The Florida Dep't of Agric. & Consum. Servs. v. Raymond a. Dellaselva (Fla. 2d DCA 2019). “I write separately to suggest that the legislature consider certain amendments to section 11.066, Florida Statutes (2015). As an initial matter, our holding subsections 11.”
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