CopyCited 8 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 513, 62 U.S.L.W. 2241, 29 U.S.P.Q. 2d (BNA) 1763, 1993 Fla. LEXIS 1556, 1993 WL 380211
...714 (1908) (holding that Eleventh Amendment did not bar an action in federal courts seeking to enjoin a state attorney general from enforcing a statute claimed to violate the U.S. Constitution). Second, Jacobs could have presented a claims bill in the Florida Legislature. See § 11.065, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12097, 2011 WL 3300540
...The Department then moved for summary judgment on one of its affirmative defenses, asserting that “there is no basis for the court to enter a judgment against the [Department]” because the Garcias had already recovered the maximum amount authorized under section
768.28 from the City, and as the Department read section
11.065(2), Florida Statutes, 1 the Garcias were limited to seeking only one claims bill from the Legislature for the incident....
...The Department’s Declaratory Action Because of its belief that “there is no need for the Trial Court in the personal injury action to conduct a trial,” the Department proposed to the Garcias that it file the instant declaratory action presenting the issue of whether section 11.065(2) precluded the Garcias from presenting a claims bill for any excess judgment; have the declaratory action transferred to the judge who denied the motion for summary judgment; and then obtain a final, appeal-able order in the declaratory action reflecting the ruling in negligence action....
...Here, the Department’s complaint for declaratory relief was insufficient to invoke the jurisdiction of the circuit court to render a declaratory judgment. The Department is not in doubt as to the existence of its rights or privileges, if any, under section 11.065(2)....
...ction. III. CONCLUSION For the above reasons, we reverse the final declaratory judgment entered in favor of the Garcias and remand with directions to the trial court to dismiss the action. Reversed and remanded with directions. . That statute reads: 11.065....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 1709537
...Phillips,
740 So.2d 1205 (Fla. 2d DCA 1999). A claim bill must be presented to the legislature within four years "after the cause for relief accrued" and if a legislative relief act results, no additional claim for relief may be submitted to the legislature. §
11.065, Fla....
...ep its files secret forever since if no claim bill is approved, the claim is not "settled." We disagree. A claim bill must be filed within four years "after the cause for relief accrued," and if a relief act results, no further claim may be pursued. § 11.065, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2350139, 2017 Fla. App. LEXIS 7823
...The Garcias obtained a claims bill following a settlement in a lawsuit with a defendant municipality. Id. at 542 . Another defendant, the Department of Environmental Protection, then filed a motion for summary judgment on one of its affirmative defenses, arguing that section 11.065(2), Florida Statutes (1978), precluded the Garcias from presenting another claims bill to the legislature for the same incident....
...ratory action and make the same argument it made in its motion for summary judgment. Id. The Garcias agreed to the Department’s request and answered the declaratory action, maintaining that the submission of multiple claims bills was not barred by section 11.065(2)....
...e the jurisdiction of the trial court to render a declaratory judgment because the Department was not in doubt as to the existence of its rights or status: The Department is not in doubt as to the existence of its rights or privileges, if any, under section 11.065(2)....
