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Florida Statute 337.19 | Lawyer Caselaw & Research
F.S. 337.19 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 337.19

The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
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.

F.S. 337.19 on Google Scholar

F.S. 337.19 on Casetext

Amendments to 337.19


Arrestable Offenses / Crimes under Fla. Stat. 337.19
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.19.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA DEPARTMENT OF TRANSPORTATION, v. SARNOFF,, 241 So. 3d 931 (Fla. App. Ct. 2018)

. . . to chapter 337, including that chapter's statutory waiver of FDOT's home venue privilege in section 337.19 . . . Statutory Waiver; Section 337.19 Section 337.19, captioned "Suits by and against department; limitation . . . Importantly, section 337.19(1) addresses actions by and against FDOT and a "contractor:" "In any such . . . The limited waiver available to contractors under section 337.19 is inapplicable to the joint motion . . . We refer to both appellants collectively as "FDOT." § 337.19(1), Fla. Stat. (2017). . . .

DEPARTMENT OF TRANSPORTATION, v. UNITED CAPITAL FUNDING CORP., 219 So. 3d 126 (Fla. Dist. Ct. App. 2017)

. . . . § 337.19(1), Fla. Stat. (2012). . . . Since Pan-Am and, as applicable here, section 337.19(1) waive sovereign immunity only as to an express . . .

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. CONTRACTPOINT FLORIDA PARKS, LLC,, 986 So. 2d 1260 (Fla. 2008)

. . . Dep't of Transp., 894 So.2d 1047, 1049 (Fla. 5th DCA 2005) (rejecting DOT’s claim that section 337.19 . . .

GRADING AND BUSH HOG SERVICES, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 894 So. 2d 1047 (Fla. Dist. Ct. App. 2005)

. . . Section 337.19 of the Florida Statutes governs lawsuits filed against FDOT. . . . Subsection two of the statute provides, in relevant part, as follows: 337.19. . . . This section shall apply to all contracts entered into after June 30, 1993. § 337.19(2), Fla.' . . . The time limit in section 337.19(2) is solely a limitations period. See Hypower, [Inc. v. . . . See § 337.19, Fla. Stat. (2001). . . . .

DEPARTMENT OF TRANSPORTATION, v. CONE GRAHAM, INC., 884 So. 2d 224 (Fla. Dist. Ct. App. 2004)

. . . The parties agree that venue is proper where the cause of action accrued, pursuant to section 337.19( . . .

WHITE CONSTRUCTION COMPANY, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 860 So. 2d 1064 (Fla. Dist. Ct. App. 2003)

. . . With respect to actions in court, section 337.19 provides, in pertinent part: (1) Suits at law and in . . . In denying arbitration, however, the Board relied upon neither section 337.185(1) nor section 337.19. . . . In addition, the Hypower court rejected DOT’S argument that section 337.19 precludes any arbitration . . . action against DOT filed after the 820-day period provided for in section 337.19(2). . . . The time limit in section 337.19(2) is solely a limitations period. See Hypower, 839 So.2d at 857. . . .

HYPOWER, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 839 So. 2d 856 (Fla. Dist. Ct. App. 2003)

. . . FDOT argues that the 820-day period within which to file an arbitration request, set forth in section 337.19 . . . However, section 337.19 is not applicable to the instant case, because it relates only to lawsuits and . . .

In MID- CONTINENT ELECTRIC, INC. v. F. Jr., 278 B.R. 601 (Bankr. M.D. Fla. 2002)

. . . Debtor also seeks declaratory relief that the Statute of Limitations imposed by Florida Statutes § 337.19 . . . 108(a)(2) did extend the applicable statute of limitations period as set forth in Florida Statutes § 337.19 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. ANDERSON COLUMBIA, CO. INC., 656 So. 2d 609 (Fla. Dist. Ct. App. 1995)

. . . Section 337.19(3), Florida Statutes (1993), provides: “Any action or suit brought against the department . . .

BROWARD COUNTY, v. FINLAYSON,, 555 So. 2d 1211 (Fla. 1990)

. . . With the exception of the right to sue the state road department (section 337.19, Florida Statutes), . . .

STATE FLORIDA, DEPARTMENT OF TRANSPORTATION, v. L. GARY, Co., 513 So. 2d 1338 (Fla. Dist. Ct. App. 1987)

. . . On the other hand, section 337.19, Florida Statutes, allows for suits at law and in equity to be brought . . .

DEPARTMENT OF TRANSPORTATION, v. WHITE CONSTRUCTION COMPANY, INC. a a, 452 So. 2d 33 (Fla. Dist. Ct. App. 1984)

. . . sovereign immunity which permits the bringing of contract actions for work done against DOT is set out at § 337.19 . . . , Fla.Stat., which provides: 337.19 Suits by and against department; limitation of actions; forum.— ( . . .

PAN- AM TOBACCO CORPORATION, d b a Am v. DEPARTMENT OF CORRECTIONS,, 471 So. 2d 4 (Fla. 1984)

. . . .-62(11), 163.370, 230.22(4), 337.19(1), Fla. Stat. (1981). . . .

SAN MARCO CONTRACTING COMPANY, v. STATE DEPARTMENT OF TRANSPORTATION,, 386 So. 2d 615 (Fla. Dist. Ct. App. 1980)

. . . Section 337.19, Florida Statutes (1977). In State Road Department v. . . . The court rejected the State Road Department’s argument, holding that Section 337.19 was enacted by the . . .

GRAHAM CONTRACTING, INC. v. DEPARTMENT OF GENERAL SERVICES,, 363 So. 2d 810 (Fla. Dist. Ct. App. 1978)

. . . Section 337.19, Florida Statutes (1967). . . .

STATE DEPARTMENT OF TRANSPORTATION, v. SAN MARCO CONTRACTING CO., 355 So. 2d 133 (Fla. Dist. Ct. App. 1978)

. . . Section 337.19(1), Florida Statutes (1975), provides that actions may be maintained against DOT “on any . . .

L. CARLILE, v. GAME FRESH WATER FISH COMMISSION, 354 So. 2d 362 (Fla. 1977)

. . . general or specific waivers of sovereign immunity: Section 230.23(9)(d), Florida Statutes (1975); Section 337.19 . . . these enactments the Legislature specifically provided for modification of the venue rule: Section 337.19 . . .

ASHLAND OIL, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION L., 352 So. 2d 567 (Fla. Dist. Ct. App. 1977)

. . . In Section 337.19(3), Florida Statutes (1975), the Florida Legislature waived the venue privilege in . . . We think it clear that under the facts of this case and the provisions of Section 337.19(3), the DOT’ . . .

STATE DIVISION OF ADMINISTRATION, v. R. OLIFF,, 350 So. 2d 484 (Fla. Dist. Ct. App. 1977)

. . . Kinnon next argues Section 337.19(1), Florida Statutes (1975), allows contract actions against the Department . . .

STATE DEPARTMENT OF TRANSPORTATION, v. EDWARD M. CHADBOURNE, INC. a, 333 So. 2d 77 (Fla. Dist. Ct. App. 1976)

. . . sole point on appeal is : “Whether or not an action pursuant to a contract predicated upon Section 337.19 . . . Florida Statute 337.19 is clear; suits at law upon a contract may be brought against the Department of . . . It is apparent therefore that the language of F.S. 337.19(3) that ‘All actions and suits brought against . . . Florida Statute 337.19 provides: “337.19 Suits by and against department; limitation of actions; form . . .

STATE DEPARTMENT OF TRANSPORTATION, v. CHOTHEN, a By, 328 So. 2d 574 (Fla. Dist. Ct. App. 1976)

. . . In our opinion, Negrin is inapposite to the case at bar since it treats § 337.19(1), Fla.Stat., which . . .

CHOTHEN, v. DEPARTMENT OF TRANSPORTATION,, 43 Fla. Supp. 46 (Dade Cty. Cir. Ct. 1975)

. . . . §337.19(3) to tort actions, and did not consider the exception to the department’s privilege which . . .

STATE v. F. NEGRIN,, 306 So. 2d 606 (Fla. Dist. Ct. App. 1975)

. . . S. 337.19(3). . . . S. 337.19(1) specifically provides “That no suit sounding in tort shall be maintained against the department . . . Whether or not the quoted clause from subsection (1) of F.S. 337.19 is constitutional, it clearly reveals . . . that the Legislature did not intend for that statute, F.S. 337.19, to be applicable to tort actions. . . . It is apparent therefore that the language of F.S. 337.19(3) that “All actions and suits brought against . . .

STATE ROAD DEPARTMENT v. CONE BROTHERS CONTRACTING COMPANY, a, 207 So. 2d 489 (Fla. Dist. Ct. App. 1968)

. . . Section 337.19, F.S.A., quoted above. . . . F.S. § 337.19, F.S.A. . F.S. § 120.20, F.S.A. .F.S. § 120.21(1), F.S.A. . . .

PEREIRA, d b a v. STATE ROAD DEPARTMENT,, 178 So. 2d 626 (Fla. Dist. Ct. App. 1965)

. . . Section 337.19, F.S.A. . . .

STATE ROAD DEPARTMENT v. M. TAYLOR,, 167 So. 2d 748 (Fla. Dist. Ct. App. 1964)

. . . jurisdiction of the court to entertain the action on the ground of sovereign immunity; that under Section 337.19 . . . only statute giving consent of the State for suit to be brought against the Road Department is Section 337.19 . . . F.S. § 337.19'(1), F.S .A. . “Issuance of Rule. . . .

STATE ROAD DEPARTMENT v. BANKERS LIFE AND CASUALTY COMPANY,, 166 So. 2d 234 (Fla. Dist. Ct. App. 1964)

. . . in the last quoted portion of Justice Terrell’s opinion [which was the predecessor of the present § 337.19 . . .

SEASIDE PROPERTIES, INC. a v. STATE ROAD DEPARTMENT a, 121 So. 2d 204 (Fla. Dist. Ct. App. 1960)

. . . directed to two statutes dealing with suits against the State Road Department in certain circumstances, §§ 337.19 . . . Section 337.19 clearly is not applicable here, as it authorizes suits “against the department on any . . .

STATE ROAD DEPARTMENT OF FLORIDA, v. J. C. DARBY,, 109 So. 2d 591 (Fla. Dist. Ct. App. 1959)

. . . State, cannot be sued without the consent of the State, and such consent has been given only in Section 337.19 . . .

FLORIDA STATE TURNPIKE AUTHORITY, v. ANHOCO CORPORATION, a a, 107 So. 2d 51 (Fla. Dist. Ct. App. 1958)

. . . Fla.Stat., F.S.A., § 337.19; Weir v. Palm Beach County, supra. . . .

H. JONES, v. STATE ROAD DEPARTMENT OF STATE OF FLORIDA, 260 F.2d 421 (5th Cir. 1958)

. . . Florida Constitution, Article 3, Sec. 22, 25 F.S.A. 912; Sec. 337.19 F.S. 57, F.S.A. . . .

HANOVER FIRE INS. CO. v. NEWMAN S, 108 F.2d 561 (5th Cir. 1939)

. . . The policy was originally for $7,500 but payment of a previous loss of $337.19 reduced it to $7,162.81 . . .