Legal Question in Personal Injury in Florida
Statutes
Can a person sue a state for not enforcing a Statute?
2 Answers from Attorneys
Re: Statutes
No, generally not. There are a very very very very few exceptions in extremely narrow factual scenarios that allow you to complain about non-enforcement, but the answer is almost always, "no."
Re: Statutes
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Yes, in some circumstances. The action to force a governmental entity to do something is called a motion for Writ of Mandamus. From Wikipedia, "Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision."
Scott R. Jay, Esq.