Florida Statute 11.66 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 11.066

Annotations, Discussions, Cases:

Cases Citing Statute 11.066

Total Results: 18

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

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

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426739

Cited 44 times | Published

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

Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Commission

226 F.3d 1226

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 1072024

Cited 34 times | Published

pursuant to an appropriation made by law. See Fla. Stat. 11.066. Moreover, because the Florida Commission

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

870 So. 2d 774

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1330650

Cited 15 times | Published

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

Florida Department of Agriculture & Consumer Services v. Mendez

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

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60312485

Cited 4 times | Published

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

ContractPoint Florida Parks, LLC v. State

958 So. 2d 1035, 2007 WL 1593240

District Court of Appeal of Florida | Filed: Jun 5, 2007 | Docket: 1734964

Cited 4 times | Published

DEP refused to pay the judgment asserting section 11.066(3), Florida Statutes (2001), barred payment

Coral Imaging Services v. Geico Indem. Ins.

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

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1659265

Cited 3 times | Published

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);

Miller v. Federal Communications Commission

66 F.3d 1140

Court of Appeals for the Eleventh Circuit | Filed: Sep 29, 1995 | Docket: 64022289

Cited 3 times | Published

Communications Act Amendments of 1952, Pub.L. No. 82-554, § 11, 66 Stat. 711, 717 (codified as amended at 47 U.S

Haire v. Florida Department of Agriculture & Consumer Services

870 So. 2d 774

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 64829866

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460863

Published

law to pay the judgment. Under section 11.066(3), a court may not require a state agency

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

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460451

Published

law to pay the judgment. Under section 11.066(3), a court may not require a state agency

Matheson v. Miami-Dade County

258 So. 3d 516

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015408

Published

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

Corcoran v. Geffin

250 So. 3d 779

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64684257

Published

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

Bogorff v. Scott

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

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 60269872

Published

Statutes (2016), are unconstitutional as applied. Section 11.066(3) requires “an appropriation made by law”

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

191 So. 3d 512, 2016 Fla. App. LEXIS 6867, 2016 WL 2342148

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062262

Published

issuance of a writ of execution. See § 11.066(4), Fla. Stat. (2016). We upheld that decision

Florida Department of Agriculture & Consumer Services v. Mendez

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

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60236424

Published

We 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

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

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60236233

Published

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

Miccosukee Tribe of Indians v. Florida State Athletic Commission

226 F.3d 1226, 2000 WL 1288675

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 767554

Published

appropriation made by law. See Fla. Stat. § 11.066. Moreover, because the Florida Commission submits

Miccosukee Tribe v. Florida State Athletic Comm.

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 75567

Published

an appropriation made by law. See Fla. Stat. § 11.066. Moreover, because the Florida Commission submits