CopyCited 44 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812
...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,[ [3] ] 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....
...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....
...The provision was later transferred to section
258.007, Florida Statutes (1979). [2] Of particular note, we are neither aware of, nor have we been provided with, any cases in which the State has sought to avoid enforcement of a judgment based on section
11.066, since the provision was enacted in 1991. [3] The exception in section
74.091, Florida Statutes (2007), is not applicable here....
...ion "may sue out execution, in the event a timely appeal has not been filed, and such execution may be levied upon the property so condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions." § 74.091, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 3023214, 2012 Fla. App. LEXIS 12116
...First, the class contended that section
11.066, Florida Statutes (2000), 1 which prohibits the execution of judgments against the State and its agencies, should be interpreted in light of a property owner’s right to receive full and just compensation for a taking, and that another statute, section
74.091, Florida Statutes (2000), 2 serves as an exception to the prohibition in takings *607 cases....
...The court observed that no court had ruled on the similar applicability of chapter 74, the proceedings supplemental to eminent domain statute. After considering the State’s constitutional guaranty of full and fair compensation for takings, and that such compensation is compulsory, the trial court held that the section
74.091 exception applied, so that the class could seek execution of their judgment against the Department without going through the section
11.066 appropriations process....
...It “conclud[ed] that [s]ee-tions
11.066(3) and (4), Florida Statutes, govern on the issue regarding execution on the Final Judgment in this case,” and declined to follow the ruling of the Palm Beach circuit court. Instead, the court held that section
11.066 “[took] precedence over [s]ection
74.091, even in these circumstances.” The class’s remedy, the court wrote, was that provided by section
11.066 — the appropriations process....
...If the class went through that process and could not secure an appropriation, “this Court may permit execution to issue.” Finally, the court held that section
11.066(3) was constitutional as applied. I The heart of the Palm Beach order was the application of section
74.091 to allow the issuance of a writ of execution....
...Dep’t of Health,
898 So.2d 61, 64 (Fla.2005). Where possible, a court “must give full effect to all statutory provisions and construe related provisions in harmony with one another.” Forsythe v. Longboat Key Beach Erosion Control Dist.,
604 So.2d 452, 455 (Fla.1992). Section
74.091 is found in chapter 74, which involves “proceedings supplemental to eminent domain.” Section'
74.011, Florida Statutes (2000), which defines the “scope” of the chapter, provides: In any eminent domain action, properly institute...
...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....
...may sue out execution, in the event a timely appeal has not been filed, and such execution may be lev *607 ied upon the property so condemned and any other property of the petitioner in the same manner as executions are levied in common-law actions. § 74.091, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...t 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...
...ration of powers doctrine
under article II, section 3; and the power of the judiciary under article V, section 1; (3)
violate the Lee Homeowners' rights of access to the courts under article I, section 21;
and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which
provides property owners the right to obtain a writ of execution to enforce a judgment in
an eminent domain proceeding....
CopyPublished | Florida 2nd District Court of Appeal
...t 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...
...ration of powers doctrine
under article II, section 3; and the power of the judiciary under article V, section 1; (3)
violate the Lee Homeowners' rights of access to the courts under article I, section 21;
and (4) unconstitutionally conflict with section 74.091, Florida Statutes (2015), which
provides property owners the right to obtain a writ of execution to enforce a judgment in
an eminent domain proceeding....
