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The Florida Senate

1997 Florida Statutes

SECTION 062
Settlements, conditions, or orders when an agency of the executive branch is a party.

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.

(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.

History.--s. 2, ch. 87-249; s. 1, ch. 94-181.