Florida Statute 17.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

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F.S. 17.04

17.04 To audit and adjust accounts of officers and those indebted to the state.—The Chief Financial Officer, using generally accepted auditing procedures for testing or sampling, shall examine, audit, adjust, and settle the accounts of all the officers of this state, and any other person in anywise entrusted with, or who may have received any property, funds, or moneys of this state, or who may be in anywise indebted or accountable to this state for any property, funds, or moneys, and require such officer or persons to render full accounts thereof, and to yield up such property or funds according to law, or pay such moneys into the treasury of this state, or to such officer or agent of the state as may be appointed to receive the same, and on failure so to do, to cause to be instituted and prosecuted proceedings, criminal or civil, at law or in equity, against such persons, according to law. The Chief Financial Officer may conduct investigations within or outside of this state as it deems necessary to aid in the enforcement of this section. If during an investigation the Chief Financial Officer has reason to believe that any criminal statute of this state has or may have been violated, the Chief Financial Officer shall refer any records tending to show such violation to state or federal law enforcement or prosecutorial agencies and shall provide investigative assistance to those agencies as required.

History.—s. 4, ch. 8, 1845; RS 96; GS 100; RGS 113; CGL 143; ss. 12, 35, ch. 69-106; s. 2, ch. 95-312; s. 1, ch. 95-426; s. 18, ch. 2003-261; s. 1, ch. 2016-165.

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Amendments to 17.04

Annotations, Discussions, Cases:

Cases Citing Statute 17.04

Total Results: 43

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304, 2003 WL 21729838

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2003 | Docket: 397713

Cited 369 times | Published

local governmental actors alike. See Ga.Code Ann. § 17-4-20(d) (prohibiting either a "law enforcement agency

United States v. Marengo County Commission

731 F.2d 1546, 1984 U.S. App. LEXIS 22538

Court of Appeals for the Eleventh Circuit | Filed: May 14, 1984 | Docket: 784515

Cited 155 times | Published

remain there at least one half a day”. Ala.Code § 17-4-1 (1975) (repealed by Act of April 27, 1978, No

E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland Attaway

757 F.2d 1227, 17 Fed. R. Serv. 1380, 1985 U.S. App. LEXIS 28922

Court of Appeals for the Eleventh Circuit | Filed: Apr 16, 1985 | Docket: 504561

Cited 129 times | Published

Ed.2d 598 (1976); see also, O.C.G.A., § 17-4-20 (1982). There must be probable cause to believe

United States v. Jones

125 F.3d 1418, 1997 U.S. App. LEXIS 29847, 1997 WL 640830

Court of Appeals for the Eleventh Circuit | Filed: Oct 29, 1997 | Docket: 1118714

Cited 103 times | Published

Jones, the Dallas County probate judge. Ala.Code § 17-4-129. Two members of the Board were black, and one

Lindsey M. Scott v. Larry Dixon

720 F.2d 1542, 1983 U.S. App. LEXIS 14468

Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 1983 | Docket: 452612

Cited 47 times | Published

amended in 1983 and recodified at Off. Code Ga.Ann. § 17-4-40 (Supp.1983). 3 . Apparently,

Monica L. Moore v. Gwinnett County, and Xyz Company, and John Doe, Jointly and Severally, J.O. Meadows

967 F.2d 1495, 92 Fulton County D. Rep. 1668, 1992 U.S. App. LEXIS 17778, 1992 WL 168230

Court of Appeals for the Eleventh Circuit | Filed: Aug 6, 1992 | Docket: 654469

Cited 25 times | Published

grounded on a traffic misdemeanor. Under O.C.G.A. § 17-4-20(a) (Mi-chie 1990), Georgia law enforcement officers

DEPARTMENT OF ENVIRONMENTAL REG. v. Goldring

477 So. 2d 532, 10 Fla. L. Weekly 429

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1320731

Cited 25 times | Published

terrain. The intent of the vegetation indices in Section 17-4.02(17), F.A.C., is to guide in the establishment

Robert H. Speer, Jr. v. Zell Miller, as Governor of Georgia, and Michael Bowers, as Attorney General of Georgia

15 F.3d 1007, 1994 U.S. App. LEXIS 4074, 1994 WL 41303

Court of Appeals for the Eleventh Circuit | Filed: Mar 7, 1994 | Docket: 2033628

Cited 20 times | Published

services. He had access to the records under O.C.G.A. § 17-4-27. 2 In 1991, the Georgia legislature

Smith v. Singletary

170 F.3d 1051, 1999 U.S. App. LEXIS 5046, 1999 WL 162461

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 395149

Cited 16 times | Published

E. Mallen & Jeffrey M. Smith, Legal Malpractice § 17.4, at 502 (4th ed.1996). 5 But, as an

Maurice Walker v. City of Calhoun, GA

901 F.3d 1245

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2018 | Docket: 7715176

Cited 14 times | Published

judicial officer. See Ga. Code Ann. § 17-4-26 . Whether such lengths of delay are permissible

Ralph Hill v. Georgia Power Company United Brotherhood of Carpenters and Joiners of America, Local No. 144 Afl-Cio and Superior Electric Company, Walter Wadley v. Georgia Power Company Construction Production & Maintenance Workers, Local No. 1210, Afl-Cio and Superior Electric Company

786 F.2d 1071, 122 L.R.R.M. (BNA) 2779, 1986 U.S. App. LEXIS 23938

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 1986 | Docket: 1066387

Cited 13 times | Published

presence or within his immediate knowledge." Section 17-4-60 contains a similar provision for arrests

Gar-Con Development v. DEPT. OF ENV. REG.

468 So. 2d 413, 10 Fla. L. Weekly 1056

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1725547

Cited 10 times | Published

be, connected to any of the waters listed in Section 17-4.28(2) F.A.C. directly or via an excavated water

Forbes v. Earle

298 So. 2d 1

Supreme Court of Florida | Filed: May 28, 1974 | Docket: 1439300

Cited 10 times | Published

Const., Art. V, § 12. [3] Fla. Const., Art. III, § 17. [4] One writer believes some violations of the judicial

Khianthalat v. State

935 So. 2d 583, 2006 WL 2191322

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1670996

Cited 7 times | Published

consent. 2 Wayne R. LaFave, Substantive Criminal Law § 17.4(c), at 648 (2d ed. 2003). William Blackstone discussed

Harris v. Coweta County

433 F.3d 807, 2005 U.S. App. LEXIS 28484, 2005 WL 3501588

Court of Appeals for the Eleventh Circuit | Filed: Dec 23, 2005 | Docket: 65657175

Cited 4 times | Published

violence against any person.”). See also Ga.Code Ann., § 17-4-20(b) (“Sheriffs and peace officers ... may use

Brewster Phosphates v. STATE, DEPT. OF ENVTL. REG.

444 So. 2d 483

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1510745

Cited 4 times | Published

purposes is not subject to the requirements of Section 17-4.242. As can be seen from the language of the

Doheny v. Grove Isle, LTD.

442 So. 2d 966

District Court of Appeal of Florida | Filed: Dec 8, 1983 | Docket: 468998

Cited 4 times | Published

be clearly in the public interest pursuant to Section 17-4.242, F.A.C. No further evidence, upon resubmittal

United States v. Bobby Joe Wilson

853 F.2d 869, 1988 U.S. App. LEXIS 11812, 1988 WL 83440

Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 1988 | Docket: 521015

Cited 3 times | Published

3 Wilson relies primarily on O.C.G.A. § 17-4-23(a): A law enforcement officer may arrest

Peacher v. Cohn

786 So. 2d 1282, 2001 WL 698003

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 1682033

Cited 2 times | Published

Padovano, Judge Phillip J., Florida Civil Practice, § 17.4 (2000 ed.). In ordering this cause to be remanded

Goldring v. STATE DEPT. OF ENVIRON. REG.

452 So. 2d 968

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 474318

Cited 1 times | Published

state to their landward extent as defined by Section 17-4.02(17), F.A.C. require permit from the department

Greater Birmingham Ministries v. Secretary of State for the State of Alabama

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 2024 | Docket: 66321564

Published

Argued: Nov 13, 2023

U.S.C. § 21083(a)(1)(A); see Ala. Code § 17-4-33 (implementing the Help America Vote

Greater Birmingham Ministries v. Secretary of State for the State of Alabama

Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 2024 | Docket: 66321564

Published

Argued: Nov 13, 2023

U.S.C. § 21083(a)(1)(A); see Ala. Code § 17-4-33 (implementing the Help America Vote

Jenna Dickenson v. NPAS Solutions, LLC

Court of Appeals for the Eleventh Circuit | Filed: Aug 3, 2022 | Docket: 64866355

Published

been levied against incentive awards. See Newberg § 17:4 (“[Rule 23(e)] most obviously protects absent class

LEXINGTON PLACE CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION NOT FOR PROFIT vs MICHELLE FLINT AND KEVIN FLINT

District Court of Appeal of Florida | Filed: Jun 24, 2022 | Docket: 68035394

Published

RESTRICTIONS Notwithstanding the provisions of Section 17.4 of [the Declaration]. Tenant(s) or Occupant(s)

Anthony Wayne Hardigree v. Marc Lofton

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2021 | Docket: 59796969

Published

2d 390, 391– 92 (Ga. Ct. App. 1983); O.C.G.A. § 17-4-20(a)(2)(A). Because the alleged events happened

Charles T. Johnson v. NPAS Solutions, LLC

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 2020 | Docket: 18447432

Published

case contribution awards.” Rubenstein, supra, § 17:4. 10 The fact that Rule 23 post-dates Greenough

Ziahonna Teagan v. The City of McDonough, Georgia

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2020 | Docket: 16828621

Published

“within 72 hours” of her arrest. See Ga. Code Ann. § 17-4-26; Ga. Unif. Mun. Ct. R. 20.1 (Dec. 2011); Tidwell

Thomas Bruce Henley v. Todd Payne

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 2019 | Docket: 16635952

Published

probable cause—to arrest Mr. Henley. See O.C.G.A. § 17-4-20(a); Collins v. Sadlo, 306 S.E.2d 390, 392 (Ga

Charter Schools USA, Inc. v. John Doe No. 93

152 So. 3d 657, 2014 Fla. App. LEXIS 18438, 2014 WL 5836146

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595529

Published

Nancy Wear, Stays, in Florida Appellate Practice, § 17-4 (Fla. Bar CLE 9th ed. 2014) ("Rule 1.550 should

FHR TB, LLC v. TB Isle Resort, LP.

865 F. Supp. 2d 1172, 2011 WL 4914715, 2011 U.S. Dist. LEXIS 155752

District Court, S.D. Florida | Filed: Oct 14, 2011 | Docket: 65981729

Published

of first refusal to purchase the Resort. Id. at § 17.4(b). Fairmont says it considered this an important

In Re Star Broadcasting, Inc.

336 B.R. 825, 19 Fla. L. Weekly Fed. B 133, 2006 Bankr. LEXIS 105, 2006 WL 156715

United States Bankruptcy Court, N.D. Florida | Filed: Jan 20, 2006 | Docket: 1775498

Published

importance in Qantum's overall business plan. Section 17.4 of the WTKE purchase agreement which was referred

Victor Harris v. Coweta County, Georgia

489 F.3d 1207

Court of Appeals for the Eleventh Circuit | Filed: Dec 23, 2005 | Docket: 150250

Published

violence against any person."). See also Ga.Code Ann., § 17-4-20(b) ("Sheriffs and peace officers ... may use

Harris v. Coweta County

406 F.3d 1307, 2005 U.S. App. LEXIS 6721, 2005 WL 901889

Court of Appeals for the Eleventh Circuit | Filed: Apr 20, 2005 | Docket: 65656802

Published

violence against any person.”). See also Ga.Code Ann., § 17-4-20(b) (“Sheriffs and peace officers ... may use

Victor Harris v. Coweta County, Georgia

489 F.3d 1207

Court of Appeals for the Eleventh Circuit | Filed: Apr 20, 2005 | Docket: 398274

Published

violence against any person."). See also Ga.Code Ann., § 17-4-20(b) ("Sheriffs and peace officers ... may use

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 564363

Published

local governmental actors alike. See Ga.Code Ann. § 17-4-20(d) (prohibiting either a “law enforcement agency

Smith v. Moore

170 F.3d 1051

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 1999 | Docket: 212194

Published

Mallen & Jeffrey M. Smith, Legal Malpractice § 17.4, at 502 (4th ed. 1996).5 But, as an Because

Ago

Florida Attorney General Reports | Filed: Apr 8, 1998 | Docket: 3257534

Published

the appropriate processing fee as listed in section 17-4.050 [now section 62-4.050], F.A.C."2 In addition

PMI Mortgage Insurance v. Cavendar

615 So. 2d 710, 1993 Fla. App. LEXIS 8

District Court of Appeal of Florida | Filed: Jan 5, 1993 | Docket: 64695065

Published

generally 1 Kendall Coffey, Florida Foreclosures § 17.04 (1992).* In Bank of Florida v. Keenan, 519 So.2d

Ago

Florida Attorney General Reports | Filed: Oct 9, 1991 | Docket: 3257186

Published

governmental unit] and is made in good faith."15 Section 17.04(1), F.S., makes it the duty of the Department

Drost v. State, Department of Environmental Regulation

559 So. 2d 1154, 14 Fla. L. Weekly 2577, 1989 Fla. App. LEXIS 6200, 1989 WL 133273

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 64649722

Published

918(5)(b), Florida Statutes (1985), created by section 17-4.-040(9)(f), Florida Administrative Code.6 We

Ago

Florida Attorney General Reports | Filed: May 15, 1989 | Docket: 3255280

Published

Robert A. Butterworth Attorney General (ls) 1 Section 17.04, F.S. See also, s. 4(d), Art. IV, State Const

Hill v. Georgia Power Co.

786 F.2d 1071, 122 L.R.R.M. (BNA) 2779

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 1986 | Docket: 66214919

Published

C.G.A. §§ 17-4-20 and 17-4-60.11 *1079Notably, § 17-4-20(a) authorizes a law enforcement officer to make

Slaughter v. State ex rel. Harrell

245 So. 2d 126, 1971 Fla. App. LEXIS 6868

District Court of Appeal of Florida | Filed: Feb 12, 1971 | Docket: 64519207

Published

Consolidated Charter of City of Jacksonville, § 17.04. . Florida Common Law Practice, by Cran-dall