(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.
Structure Florida Statutes
Title III - Legislative Branch; Commissions
Chapter 11 - Legislative Organization, Procedures, and Staffing
11.011 - Special Session; Convened by Legislature.
11.02 - Notice of Special or Local Legislation or Certain Relief Acts.
11.021 - Evidence of Publication of Notice.
11.03 - Proof of Publication of Notice.
11.0431 - Legislative Records; Intent of Legislation; Exemption From Public Disclosure.
11.044 - Legislative Intent and Purpose.
11.045 - Lobbying Before the Legislature; Registration and Reporting; Exemptions; Penalties.
11.0451 - Requirements for Reinstitution of Lobbyist Registration After Felony Conviction.
11.0455 - Electronic Filing of Compensation Reports and Other Information.
11.047 - Contingency Fees; Prohibitions; Penalties.
11.062 - Use of State Funds for Lobbying Prohibited; Penalty.
11.065 - Claims Against State; Limitations; Notice.
11.07 - Method of Enrolling Bills, Etc.
11.13 - Compensation of Members.
11.131 - Monetary Supplements Prohibited.
11.135 - Legislative Committees, Units, and Offices; Expenditures.
11.143 - Standing or Select Committees; Powers.
11.1465 - Services Provided to Legislature.
11.147 - Office of Legislative Services.
11.241 - Permanent Statutory Revision Plan Created.
11.242 - Powers, Duties, and Functions as to Statutory Revision.
11.2421 - Florida Statutes 2022 Adopted.
11.2423 - Laws or Statutes Not Repealed.
11.2425 - Rights Reserved Under Repealed Statutes.
11.243 - Publishing Florida Statutes; Price, Sale.
11.249 - Commissioners to the National Conference of Commissioners on Uniform State Laws.
11.25 - Salaries and Expenditures Not Subject to Control of Executive Agencies.
11.26 - Legislative Employees; Employment Restrictions.
11.40 - Legislative Auditing Committee.
11.45 - Definitions; Duties; Authorities; Reports; Rules.
11.51 - Office of Program Policy Analysis and Government Accountability.
11.62 - Legislative Review of Proposed Regulation of Unregulated Functions.
11.90 - Legislative Budget Commission.
11.9005 - Government Efficiency Task Force.
11.933 - Qualifications of Delegates and Alternate Delegates.
11.9331 - Appointment of Delegates by Legislature.
11.9332 - Appointment by Majority Vote of Each Chamber; Pairing Delegates and Alternate Delegates.
11.9333 - Recall; Filling a Vacancy; Special Legislative Session.
11.9334 - Method of Appointment and Recall.
11.9335 - Reimbursement of per Diem and Travel Expenses.
11.9337 - Filing of Oath; Issuance of Commission.
11.934 - Instructions to Delegates.
11.9341 - Duties of Alternate Delegates.
11.9342 - Vote Cast Outside the Scope of Instructions or Limits; Status of Vote.
11.9343 - Vote Cast Outside the Scope of Instructions or Limits; Appointment Forfeited.
11.9344 - Vote Cast Outside the Scope of Instructions or Limits; Status of Application.
11.9345 - Vote Cast Outside the Scope of Instructions; Criminal Liability.
11.935 - Article v Convention Advisory Group.
11.9351 - Oversight of Delegates With Respect to Instructions.
11.9352 - Advisory Determination Concerning a Vote Outside the Scope of Instructions.