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The Florida Statutes

The 2004 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS
View Entire Chapter
Section 45.062, Florida Statutes 2004

45.062  Settlements, conditions, or orders when an agency of the executive branch is a party.--

(1)  In any civil action in which a state executive branch agency or officer is a party in state or federal court, the officer, agent, official, or attorney who represents or is acting on behalf of such agency or officer may not settle such action, consent to any condition, or agree to any order in connection therewith, if the settlement, condition, or order requires the expenditure of or the obligation to expend any state funds or other state resources, or the establishment of any new program, unless:

(a)  The expenditure is provided for by an existing appropriation or program established by law; and

(b)  Prior written notification is given within 5 business days of the date the settlement or presettlement agreement or order is to be made final to the President of the Senate, the Speaker of the House of Representatives, the Senate and House minority leaders, and the Attorney General. Such notification shall specify how the agency involved will address the costs in future years within the limits of current appropriations.

(2)  The state executive branch agency or officer shall negotiate a closure date as soon as possible for the civil action.

(3)  The state executive branch agency or officer may not pledge any current or future action of another branch of state government as a condition for settling the civil action.

(4)  Any settlement that commits the state to spending in excess of current appropriations or to policy changes inconsistent with current state law shall be contingent upon and subject to legislative appropriation or statutory amendment. The state agency or officer may agree to use all efforts to procure legislative funding or statutory amendment.

(5)  State 1executive branch agencies and officers shall report to each substantive and fiscal committee of the Legislature having jurisdiction over the reporting agency on all potential settlements that may commit the state to:

(a)  Spend in excess of current appropriations; or

(b)  Make policy changes inconsistent with current 2state law.

The state 1executive branch agency or officer shall provide periodic updates to the appropriate legislative committees on these issues during the settlement process.

History.--s. 2, ch. 87-249; s. 1, ch. 94-181; s. 20, ch. 2001-56; s. 8, ch. 2001-266.

1Note.--As amended by s. 20, ch. 2001-56. The amendment by s. 8, ch. 2001-266, did not include the words "executive branch."

2Note.--As amended by s. 8, ch. 2001-266. The amendment by s. 20, ch. 2001-56, did not include the word "state."

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