Florida Statute 337.19 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.19

337.19 Suits by and against department; limitation of actions; forum.—

(1) Suits at law and in equity may be brought and maintained by and against the department on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the department pursuant to the written agreement. In any such suit, the department and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. Notwithstanding anything to the contrary contained in this section, no employee or agent of the department may be held personally liable to an extent greater than that pursuant to s. 768.28 provided that no suit sounding in tort shall be maintained against the department.

(2) Suits by and against the department under this section shall be commenced within 820 days of the final acceptance of the work. This section shall apply to all contracts entered into after June 30, 1993.

(3) Any action or suit brought against the department shall be brought in the county or counties where the cause of action accrued, or in the county of the department’s district headquarters responsible for the work, or in Leon County.

History.—s. 98, ch. 29965, 1955; ss. 1, 2, ch. 69-391; s. 1, ch. 84-206; s. 159, ch. 84-309; s. 28, ch. 93-164; s. 158, ch. 96-320; s. 66, ch. 96-323; s. 3, ch. 99-345.

F.S. 337.19 on Google Scholar

F.S. 337.19 on Casetext

Amendments to 337.19

Arrestable Offenses / Crimes under Fla. Stat. 337.19

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.19.

Annotations, Discussions, Cases:

Cases Citing Statute 337.19

Total Results: 20

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: §§ 23.017, 153.62(11), 163.370, 230.22(4), 337.19(1), Fla. Stat. (1981). Additionally, it has

UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. VALERIEMARIE MOORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: §§ 23.017, 153.62(11), 163.370, 230.22(4), 337.19(1), Fla. Stat. (1981). Additionally, it has

Dept. of Transportation v. Sarnoff

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 241 So. 3d 931

Snippet: to both appellants collectively as “FDOT.” 2 § 337.19(1), Fla. Stat. (2017).

Department of Transportation v. United Capital Funding Corp.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-28

Citation: 219 So. 3d 126, 92 U.C.C. Rep. Serv. 2d (West) 668, 2017 WL 1536070, 2017 Fla. App. LEXIS 5902

Snippet: as a private person under a like contract .... § 337.19(1), Fla. Stat. (2012). The question is whether

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: 5th DCA 2005) (rejecting DOT's claim that section 337.19, requiring that suit be brought on a contract within

Grading & Bush Hog Services v. Florida Dot

Court: District Court of Appeal of Florida | Date Filed: 2005-01-28

Citation: 894 So. 2d 1047, 2005 WL 176606

Snippet: acceptance of the work, as required by section 337.19(2) of the Florida Statutes. Without citing any

DEPART. OF TRANSPOR. v. Cone & Graham, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-06

Citation: 884 So. 2d 224, 2004 WL 1751464

Snippet: the cause of action accrued, pursuant to section 337.19(3), Florida Statutes (1997). The parties' disagreement

White Const. Co., Inc. v. State, Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-09

Citation: 860 So. 2d 1064, 2003 WL 22887902

Snippet: dismissal). With respect to actions in court, section 337.19 provides, in pertinent part: (1) Suits at law and

Hypower, Inc. v. STATE, DEPARTMENT OF TRANSPORTATION

Court: District Court of Appeal of Florida | Date Filed: 2003-03-10

Citation: 839 So. 2d 856, 2003 Fla. App. LEXIS 3065, 2003 WL 882373

Snippet: section 337.19, Florida Statutes, is a limited waiver of sovereign immunity. However, section 337.19 is not

State, Department of Transportation v. Anderson Columbia, Co.

Court: District Court of Appeal of Florida | Date Filed: 1995-06-27

Citation: 656 So. 2d 609, 1995 Fla. App. LEXIS 6913, 1995 WL 376673

Snippet: ERVIN, JOANOS and MINER, JJ., concur. . Section 337.19(3), Florida Statutes (1993), provides: “Any action

Broward County v. Finlayson

Court: Supreme Court of Florida | Date Filed: 1990-01-25

Citation: 555 So. 2d 1211, 15 Fla. L. Weekly Supp. 39, 1990 Fla. LEXIS 196, 1990 WL 5442

Snippet: right to sue the state road department (section 337.19, Florida Statutes), I can locate no statutory authorization

STATE, DEPT. OF TRANSP. v. Gary

Court: District Court of Appeal of Florida | Date Filed: 1987-10-07

Citation: 513 So. 2d 1338, 12 Fla. L. Weekly 2376

Snippet: therefore delinquent.... On the other hand, section 337.19, Florida Statutes, allows for suits at law and

Department of Transportation v. White Construction Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-04-26

Citation: 452 So. 2d 33, 1984 Fla. App. LEXIS 13130

Snippet: done against DOT is set out at § 337.19, Fla.Stat., which provides: 337.19 Suits by and against department;

Pan-Am Tobacco v. Department of Corrections

Court: Supreme Court of Florida | Date Filed: 1984-03-01

Citation: 471 So. 2d 4

Snippet: g., §§ 23.017, 153.62(11), 163.370, 230.22(4), 337.19(1), Fla. Stat. (1981). Additionally, it has authorized

San Marco Contracting Company v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-08-08

Citation: 386 So. 2d 615

Snippet: or entities contracting with the D.O.T. Section 337.19, Florida Statutes (1977). In State Road Department

Graham Contracting, Inc. v. Dept. of General Services

Court: District Court of Appeal of Florida | Date Filed: 1978-10-31

Citation: 363 So. 2d 810, 1978 Fla. App. LEXIS 16910

Snippet: had provided a remedy in circuit court. Section 337.19, Florida Statutes (1967). We likewise reject the

STATE, DEPT. OF TRANSP. v. San Marco Cont. Co.

Court: District Court of Appeal of Florida | Date Filed: 1978-01-26

Citation: 355 So. 2d 133, 1978 Fla. App. LEXIS 15291

Snippet: Escambia County action against San Marco. Section 337.19(1), Florida Statutes (1975), provides that actions

Ashland Oil, Inc. v. Florida Dept. of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1977-11-30

Citation: 352 So. 2d 567

Snippet: venue cannot properly be in Polk County. In Section 337.19(3), Florida Statutes (1975), the Florida Legislature

Carlile v. GAME AND FRESH WATER FISH COM'N

Court: Supreme Court of Florida | Date Filed: 1977-11-30

Citation: 354 So. 2d 362, 1977 Fla. LEXIS 4079

Snippet: 230.23(9)(d), Florida Statutes (1975); Section 337.19, Florida Statutes (1975); Section 455.06, Florida

State ex rel. Division of Administration v. Oliff

Court: District Court of Appeal of Florida | Date Filed: 1977-09-13

Citation: 350 So. 2d 484, 1977 Fla. App. LEXIS 16944

Snippet: the first count. Ms. Kinnon next argues Section 337.19(1), Florida Statutes (1975), allows contract actions