Florida Statute 337.19 - Full Text and Legal Analysis

The 2025 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.

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F.S. 337.19 on CourtListener

Amendments to 337.19

Annotations, Discussions, Cases:

Cases Citing Statute 337.19

Total Results: 31

Carlile v. GAME AND FRESH WATER FISH COM'N

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

Supreme Court of Florida | Filed: Nov 30, 1977 | Docket: 1682329

Cited 200 times | Published

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

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

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

Broward County v. Finlayson

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

Supreme Court of Florida | Filed: Jan 25, 1990 | Docket: 1396866

Cited 25 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 31, 1978 | Docket: 1513640

Cited 18 times | Published

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

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

352 So. 2d 567

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1683344

Cited 10 times | Published

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

STATE EX REL., DIV. OF ADMIN. v. Oliff

350 So. 2d 484

District Court of Appeal of Florida | Filed: Sep 13, 1977 | Docket: 1715737

Cited 10 times | Published

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

State Road Dept. v. Cone Brothers Contracting Co.

207 So. 2d 489

District Court of Appeal of Florida | Filed: Mar 5, 1968 | Docket: 463356

Cited 9 times | Published

intended to be provided by the enactment of F.S. Section 337.19, F.S.A., quoted above. Having found petitioner's

State Road Dept. v. Cone Brothers Contracting Co.

207 So. 2d 489

District Court of Appeal of Florida | Filed: Mar 5, 1968 | Docket: 463356

Cited 9 times | Published

intended to be provided by the enactment of F.S. Section 337.19, F.S.A., quoted above. Having found petitioner's

State Road Department of Florida v. Darby

109 So. 2d 591, 1959 Fla. App. LEXIS 3097

District Court of Appeal of Florida | Filed: Mar 5, 1959 | Docket: 1359962

Cited 9 times | Published

State, and such consent has been given only in Section 337.19, Subsection (1), Florida Statutes, F.S.A.,

Florida State Turnpike Authority v. Anhoco Corp.

107 So. 2d 51

District Court of Appeal of Florida | Filed: Nov 18, 1958 | Docket: 1700112

Cited 8 times | Published

suit based upon a tort claim. Fla. Stat., F.S.A., § 337.19; Weir v. Palm Beach County, supra. It would naturally

San Marco Contracting Company v. State

386 So. 2d 615

District Court of Appeal of Florida | Filed: Aug 8, 1980 | Docket: 476834

Cited 7 times | Published

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

State v. Negrin

306 So. 2d 606

District Court of Appeal of Florida | Filed: Jan 28, 1975 | Docket: 1376738

Cited 7 times | Published

transferring the case to Palm Beach County, relying on F.S. 337.19(3). It is axiomatic that statutes must be read

Reichert v. Appel

74 So. 2d 674

Supreme Court of Florida | Filed: Sep 24, 1954 | Docket: 1270484

Cited 6 times | Published

Confl. of Laws, Sec. 112; 27 C.J.S., Divorce, § 337; 19 C.J., Divorce, § 850; 17 Am.Jur., Divorce and

Seaside Properties, Inc. v. State Road Department

121 So. 2d 204

District Court of Appeal of Florida | Filed: Jun 6, 1960 | Docket: 1318311

Cited 5 times | Published

to quiet title under this amended complaint. Section 337.19 clearly is not applicable here, as it authorizes

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

860 So. 2d 1064, 2003 WL 22887902

District Court of Appeal of Florida | Filed: Dec 9, 2003 | Docket: 1511609

Cited 4 times | Published

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

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

884 So. 2d 224, 2004 WL 1751464

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1282116

Cited 3 times | Published

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

STATE, DEPT. OF TRANSP. v. Gary

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

District Court of Appeal of Florida | Filed: Oct 7, 1987 | Docket: 1295076

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jan 26, 1978 | Docket: 1360870

Cited 3 times | Published

Noonan's Escambia County action against San Marco. Section 337.19(1), Florida Statutes (1975), provides that

State, Department of Transportation v. Chothen

328 So. 2d 574

District Court of Appeal of Florida | Filed: Mar 9, 1976 | Docket: 1699710

Cited 3 times | Published

inapposite to the case at bar since it treats § 337.19(1), Fla. Stat., which was intended to relate to

Department of Transportation v. United Capital Funding Corp.

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

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60266466

Cited 2 times | Published

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

Hypower, Inc. v. STATE, DEPARTMENT OF TRANSPORTATION

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

District Court of Appeal of Florida | Filed: Mar 10, 2003 | Docket: 1707961

Cited 2 times | Published

to file an arbitration request, set forth in section 337.19, Florida Statutes, is a limited waiver of sovereign

Grading & Bush Hog Services v. Florida Dot

894 So. 2d 1047, 2005 WL 176606

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1767971

Cited 1 times | Published

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

State ex rel. Division of Administration v. Oliff

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

District Court of Appeal of Florida | Filed: Sep 13, 1977 | Docket: 64560469

Cited 1 times | Published

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

Dept. of Transportation v. Sarnoff

241 So. 3d 931

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326609

Published

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

Mid-Continent Electric, Inc. v. Florida (In re Mid-Continent Electric, Inc.)

278 B.R. 601, 15 Fla. L. Weekly Fed. B 202, 2002 Bankr. LEXIS 557

United States Bankruptcy Court, M.D. Florida | Filed: Apr 11, 2002 | Docket: 65782391

Published

Statute of Limitations imposed by Florida Statutes § 337.19 was tolled pursuant to 11 U.S.C. § 108(a)(2).

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

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

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 64757261

Published

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

Department of Transportation v. White Construction Co.

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

District Court of Appeal of Florida | Filed: Apr 26, 1984 | Docket: 64605609

Published

actions for work done against DOT is set out at § 337.19, Fla.Stat., which provides: 337.19 Suits by and

State Department of Transportation v. Edward M. Chadbourne, Inc.

333 So. 2d 77, 1976 Fla. App. LEXIS 14486

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 64553951

Published

action pursuant to a contract predicated upon Section 337.19, Florida Statutes, may be brought in a county

Pereira v. State Road Department

178 So. 2d 626, 1965 Fla. App. LEXIS 3678, 1965 A.M.C. 2738

District Court of Appeal of Florida | Filed: Sep 23, 1965 | Docket: 64494178

Published

and STURGIS and WIGGINTON, JJ., concur. . Section 337.19, F.S.A. “Suits by and against department; limitation

State Road Department v. Taylor

167 So. 2d 748

District Court of Appeal of Florida | Filed: Oct 1, 1964 | Docket: 64490755

Published

*749the ground of sovereign immunity; that under Section 337.19(1), Florida Statutes, F.S.A., suits at law

State Road Department v. Bankers Life & Casualty Co.

166 So. 2d 234, 1964 Fla. App. LEXIS 3963

District Court of Appeal of Florida | Filed: Jul 7, 1964 | Docket: 64490131

Published

opinion [which was the predecessor of the present § 337.19, Fla.Stat., F.S.A.], this certainly was not a