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: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Snippet: file a claim bill under section 11.066(3). However, section 11.066(3) does not mention a claim bill…challenge to sections 11.066(3) and (4) was ripe. C. The Constitutionality of Sections 11.066(3) and (4) …available, §§ 11.066(3) and (4) do precisely the opposite. Application of §§ 11.066(3) and … appropriates the funds as required by sections 11.066(3) and (4), Florida Statutes (2015). The Lee Homeowners…Further, the Lee Homeowners argued that sections 11.066(3) and (4) are unconstitutional as applied.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-12T23:53:00-08:00

Matheson v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: refused to pay “based on its assertion that section 11.066 prohibits a state agency from paying any judgment… that judgment.” Id. Subsection (3) of section 11.066 provided that “[n]either the state nor any of …appropriation made by law.” Id. at 1265 (quoting section 11.066). “While subsection (3), standing alone, appears…the Court conceded, “[i]n interpreting section 11.066 . . . we cannot read subsection (3) in isolation…evidence to the contrary. § 11.066(2), Fla. Stat. (2005) (emphases supplied).

Corcoran v. Geffin

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-28T00:00:00-07:00

Citation: 250 So. 3d 779

Snippet: finding section 11.066(3) barred payment. This court reversed, finding section 11.066(3) did not pertain…judgment, asserting payment was barred by section 11.066(3), which states "[n]either the state nor …1038. The supreme court affirmed, finding section 11.066 was intended to apply only to claims based on the

Bogorff v. Scott

Court: Fla. | Date Filed: 2017-07-13T00:00:00-07:00

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…against the State or its agencies, while section 11.066(4) provides that the lack of an “appropriation

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: Fla. Dist. Ct. App. | Date Filed: 2016-05-04T00:00:00-07:00

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,…issuance of a writ of execution. See § 11.066(4), Fla. Stat. (2016). We upheld that decision.…we reversed the court’s declaration that section 11.066(3) was constitutional “as applied” because the …the appropriation process contemplated by section 11.066.” Id. at 609. In short, the constitutional…bill. 1 We disagree. Nothing in section 11.066(3) refers to a claim bill. And, the Class sought

Florida Department of Agriculture & Consumer Services v. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-16T00:00:00-07:00

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 …failing to apply the presumption contained in section 11.066(2), Florida Statutes, as well as the burden of …all courts considering the issue. Even if section 11.066(2) applied, however, there was undisputed evidence…this issue. Thus, if the presumption of section 11.066(2) had been applied, the plaintiffs’ evidence overwhelmingly…compensation for the taking of the trees. Because section 11.066(2) applies only to the presumption of public harm

Florida Department of Agriculture & Consumer Services v. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-10T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-07-25T00:00:00-07:00

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

Snippet: section 11.066 appropriations process. The court did not reach “the question of whether section 11.066 is …arguments. First, the class contended that section 11.066, Florida Statutes (2000),1 which prohibits the …Second, and alternatively, they argued that section 11.066 was unconstitutional as applied to takings judgments…’s police powers, making it appear that section 11.066 required the class to obtain a legislative appropriation… court reasoned that the language in subsection 11.066(4) — “Notwithstanding s. 71.091, a judgment for

Sottilaro v. Figueroa

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-08T00:00:00-08:00

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…2010 statute is the applicable statute. See ch. 11-66, § 33, at 993, Laws of Fla. . We note that the

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

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 1260

Snippet: by section 11.066.[8] In our view, this further supports the conclusion that section 11.066 was not intended…find that section 11.066 is clear and unambiguous. Subsection (4) of section 11.066 expressly answers … to decide this issue we must interpret section 11.066(3), Florida Statutes (2005), on which the Department…First District Court of Appeal held that section 11.066 does not prevent the State or a state agency from…be one of great public importance: DOES SECTION 11.066, FLORIDA STATUTES, APPLY WHERE JUDGMENTS HAVE BEEN

ContractPoint Florida Parks, LLC v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-05T00:53:00-07:00

Citation: 958 So. 2d 1035

Snippet: section 11.066(3), Florida Statutes (2001), barred payment. The relevant portion of section 11.066, Florida…that in the face of the clear language of section 11.066, appellees did not have a clear legal duty to pay…this court's interpretation of whether section 11.066, Florida Statutes (2001), is applicable to an action…. at 5. The trial court determined that section 11.066, Florida Statutes (1991), superseded the decision…Contrary to the trial court's reasoning, section 11.066 does not express any legislative intent to overturn

Coral Imaging Services v. Geico Indem. Ins.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-04T00:53:00-07:00

Citation: 955 So. 2d 11

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

Haire v. Florida Department of Agriculture & Consumer Services

Court: Fla. | Date Filed: 2004-02-12T00:00:00-08:00

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: Fla. | Date Filed: 2004-02-11T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1987-11-30T23:53:00-08:00

Citation: 517 So. 2d 42

Snippet: determined by the trial court to amount to $347,011.66, as compared to a total purchase price of $1,900,000

In Re Baker

Court: Fla. | Date Filed: 1972-09-26T00:53:00-07:00

Citation: 267 So. 2d 331

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

Broward v. Roche

Court: Fla. | Date Filed: 1885-01-14T23:53:00-08:00

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 …account, deducting both the note and acceptance, was $11.66 less than all the payments, they amounting to $1,026.91…should receive it, and of course with not even the $11.66 balance which he attempted to apply to the note.