Florida Statute 11.066 | Lawyer Caselaw & Research

Florida Statute 11.66 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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.

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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:

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Cases Citing Statute 11.066

Total Results: 5

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