Florida Statute 11.066 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title III
LEGISLATIVE BRANCH; COMMISSIONS

Chapter 11
LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING

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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 Citing Statute 11.066

Total Results: 18

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-13

Snippet: appropriates the funds as required by sections 11.066(3) and (4), Florida Statutes (2015). The Lee Homeowners

THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. RAYMOND A. DELLASELVA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-13

Snippet: appropriates the funds as required by sections 11.066(3) and (4), Florida Statutes (2015). The Lee Homeowners

Matheson v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 258 So. 3d 516

Snippet: refused to pay “based on its assertion that section 11.066 prohibits a state agency from paying any judgment

Corcoran v. Geffin

Court: District Court of Appeal of Florida | Date Filed: 2018-06-28

Citation: 250 So. 3d 779

Snippet: judgment, asserting payment was barred by section 11.066(3), which states "[n]either the state nor any of

Bogorff v. Scott

Court: Supreme Court of Florida | Date Filed: 2017-07-13

Citation: 223 So. 3d 1000, 42 Fla. L. Weekly Supp. 748, 2017 WL 2981848, 2017 Fla. LEXIS 1498

Snippet: sections 11.066(3) and (4), Florida Statutes (2016), are unconstitutional as applied. Section 11.066(3) requires

Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce and Timothy Donald Farley, etc. v. Florida Department of Agriculture And Consumer Services and The Florida Commissioner Agriculture

Court: District Court of Appeal of Florida | Date Filed: 2016-05-04

Citation: 191 So. 3d 512, 2016 Fla. App. LEXIS 6867

Snippet: order that denied- its motion to declare sections 11.066(3) and (4), Florida Statutes, unconstitutional

Florida Department of Agriculture & Consumer Services v. Mendez

Court: District Court of Appeal of Florida | Date Filed: 2013-10-16

Citation: 126 So. 3d 367, 2013 WL 5628727, 2013 Fla. App. LEXIS 16396

Snippet: adhere to these cases. Applicability of Section 11.066(2) The Department claims that the trial court

Florida Department of Agriculture & Consumer Services v. Mendez

Court: District Court of Appeal of Florida | Date Filed: 2012-10-10

Citation: 126 So. 3d 1192, 2012 WL 4795722, 2012 Fla. App. LEXIS 17452

Snippet: Legislature to appropriate such funds pursuant to section 11.066, Florida Statutes? GROSS, HAZOURI and CONNER, JJ

Florida Department of Agriculture & Consumer Services v. Mendez

Court: District Court of Appeal of Florida | Date Filed: 2012-07-25

Citation: 98 So. 3d 604, 2012 WL 3023214, 2012 Fla. App. LEXIS 12116

Snippet: arguments. First, the class contended that section 11.066, Florida Statutes (2000),1 which prohibits the

Sottilaro v. Figueroa

Court: District Court of Appeal of Florida | Date Filed: 2012-02-08

Citation: 86 So. 3d 505, 2012 Fla. App. LEXIS 1787, 2012 WL 385493

Snippet: was renumbered and is now subsection (4). See ch. 11-66, § 7, at 971, Laws of Fla. However, the 2011 amendments

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 1260, 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812

Snippet: to decide this issue we must interpret section 11.066(3), Florida Statutes (2005), on which the Department

ContractPoint Florida Parks, LLC v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-06-05

Citation: 958 So. 2d 1035, 2007 WL 1593240

Snippet: section 11.066(3), Florida Statutes (2001), barred payment. The relevant portion of section 11.066, Florida

Coral Imaging Services v. Geico Indem. Ins.

Court: District Court of Appeal of Florida | Date Filed: 2006-10-04

Citation: 955 So. 2d 11, 2006 Fla. App. LEXIS 16469, 2006 WL 2819614

Snippet: 8(a), Fla. Const.; Fla. Stat. § 11.062(2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a);

Haire v. Florida Department of Agriculture & Consumer Services

Court: Supreme Court of Florida | Date Filed: 2004-02-12

Citation: 870 So. 2d 774

Snippet: more than a reiteration of the language in section 11.066(3), Florida Statutes (2003), which expressly provides

Haire v. FLA. DEPT. OF AGR. & CONS. SERV.

Court: Supreme Court of Florida | Date Filed: 2004-02-12

Citation: 870 So. 2d 774

Snippet: more than a reiteration of the language in section 11.066(3), Florida Statutes (2003), which expressly provides

Johnson v. Wortzel

Court: District Court of Appeal of Florida | Date Filed: 1987-12-01

Citation: 517 So. 2d 42, 1987 WL 1958

Snippet: determined by the trial court to amount to $347,011.66, as compared to a total purchase price of $1,900

In Re Baker

Court: Supreme Court of Florida | Date Filed: 1972-09-26

Citation: 267 So. 2d 331

Snippet: CAMPBELL, Calvin Carlos WM Murder 5-11-66 Union CARSWELL, Henry J. CM Murder

Broward v. Roche

Court: Supreme Court of Florida | Date Filed: 1885-01-15

Citation: 21 Fla. 465

Snippet: the note or acceptance, except the balance of $11.66 which he says he applied to the note. The store