Florida Statute 17.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

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F.S. 17.041

17.041 County and district accounts and claims.—

(1) It shall be the duty of the Chief Financial Officer to adjust and settle, or cause to be adjusted and settled, all accounts and claims heretofore or hereafter reported to it by the Auditor General, the appropriate county or district official, or any person against all county and district officers and employees, and against all other persons entrusted with, or who may have received, any property, funds, or moneys of a county or district or who may be in anywise indebted to or accountable to a county or district for any property, funds, moneys, or other thing of value, and to require such officer, employee, or person to render full accounts thereof and to yield up such property, funds, moneys, or other thing of value according to law to the officer or authority entitled by law to receive the same.

(2) On the failure of such officer, employee, or person to adjust and settle such account, or to yield up such property, funds, moneys, or other thing of value, the Chief Financial Officer shall direct the attorney for the board of county commissioners, the district school board, or the district, as the case may be, entitled to such account, property, funds, moneys, or other thing of value to represent such county or district in enforcing settlement, payment, or delivery of such account, property, funds, moneys, or other thing of value. The Chief Financial Officer may enforce such settlement, payment, or delivery pursuant to s. 17.20.

(3) Should the attorney for the county or district aforesaid be disqualified or unable to act, and no other attorney be furnished by the county or district, or should the Chief Financial Officer otherwise deem it advisable, such account or claim may be certified to the Department of Legal Affairs by the Chief Financial Officer, to be prosecuted by the Department of Legal Affairs at county or district expense, as the case may be, including necessary per diem and travel expense in accordance with s. 112.061, as now or hereafter amended. Such expenses, when approved by the Chief Financial Officer, shall be paid forthwith by such county or district.

(4) If it appears to the Chief Financial Officer that any criminal statute of this state has or may have been violated by such defaulting officer, employee, or person, such information, evidence, documents, and other things tending to show such a violation, whether in the hands of the Chief Financial Officer, the Auditor General, the county, or the district, shall be forthwith turned over to the proper state attorney for inspection, study, and such action as may be deemed proper, or the same may be brought to the attention of the proper grand jury.

(5) No such account or claim, after it has been certified to the Chief Financial Officer, may be settled for less than the amount due according to law without the written consent of the Chief Financial Officer, and any attempt to make settlement in violation of this subsection shall be deemed null and void. A county or district board desiring to make such a settlement shall incorporate the proposed settlement into a resolution, stating that the proposed settlement is contingent upon the Chief Financial Officer’s approval, and shall submit two copies of the resolution to the department. The Chief Financial Officer shall return one copy with his or her action endorsed thereon.

(6) No settlement of account of any such officer, employee, or person, with the county or district, or any of their officers or agents, made in an amount or manner other than as authorized by law or for other than a lawful county or district purpose, shall be binding upon such county or district unless and until approved by the Chief Financial Officer, or unless more than 4 years shall have elapsed from the date of such settlement.

(7) Nothing in this section shall supersede the continuing duty of the proper county and district officers to require any officer, employee, or person to render full accounts of and to yield up according to law to the officer or authority entitled by law to receive the same, any property, funds, moneys, or other thing of value as to which such officer, employee, or person is in anywise indebted to or accountable to such county or district. The provisions of this section provide for collections and recoveries which the proper county or district officers have failed to make, and for correction of settlements made in an amount or manner other than as authorized by law.

History.—s. 1, ch. 59-145; s. 8, ch. 69-82; s. 1, ch. 69-300; ss. 11, 12, 35, 69-106; s. 1, ch. 73-334; s. 7, ch. 77-104; s. 2, ch. 83-132; s. 55, ch. 95-147; s. 20, ch. 2003-261.

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F.S. 17.041 on Casetext

Amendments to 17.041

Arrestable Offenses / Crimes under Fla. Stat. 17.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 17.041.

Annotations, Discussions, Cases:

Cases Citing Statute 17.041

Total Results: 14

ZACHARY CARLTON DIXON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 257 So. 3d 1046

Snippet: fundamental error. See Hayward v. State, 24 So. 3d 17, 41 (Fla. 2009) (fundamental error is “an error that

Mitchell v. Mitchell

Court: District Court of Appeal of Florida | Date Filed: 2016-08-24

Citation: 198 So. 3d 1096, 2016 Fla. App. LEXIS 12823, 2016 WL 4445936

Snippet: a weapon in the house. 17:38 Appellant: And.... 17:41 Appellant: Don’t * * * with me I just had a text

Timothy W. Fletcher v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2015-06-25

Citation: 168 So. 3d 186, 40 Fla. L. Weekly Supp. 366, 2015 Fla. LEXIS 1387

Snippet: relies on Hayward v. State, 24 So.3d 17, 41 (Fla.2009), in which the prosecutor commented on

Peterson v. State

Court: Supreme Court of Florida | Date Filed: 2012-05-17

Citation: 94 So. 3d 514, 37 Fla. L. Weekly Supp. 370, 2012 WL 1722581, 2012 Fla. LEXIS 963

Snippet: fundamental error. In Hayward v. State, 24 So.3d 17, 41-43 (Fla.2009), this Court held that the prosecutor

Shelton v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-03-30

Citation: 59 So. 3d 248, 2011 Fla. App. LEXIS 4343, 2011 WL 1135156

Snippet: the life sentence. See Hayward v. State, 24 So.3d 17, 41 (Fla.2009) (fundamental error is “an error that

Dorestin v. Hollywood Imports, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-08-11

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: cmt. c. (1981)). . Tex. Bus. & Com.Code Ann. § 17.41 et seq. .Section 19.86.090, Washington Revised

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-10-09

Snippet: entity either before or after certification under s. 17.041(5), F.S., legally discharge or forgive the claim

Middlebrooks v. DEPT. OF STATE, DIV. OF LICENSING

Court: District Court of Appeal of Florida | Date Filed: 1990-06-07

Citation: 565 So. 2d 727

Snippet: Associate Judge, concur. NOTES [1] Ch. 86-193, §§ 17, 41, Laws of Fla. In 1987, section 493.319(1)(p) was

Rollins, Inc. v. Heller

Court: District Court of Appeal of Florida | Date Filed: 1984-06-26

Citation: 454 So. 2d 580

Snippet: Trade Practices Act, Tex.Bus. & Com. Code Ann. § 17.41, et. seq. (Vernon 1979), the Texas supreme court

Snippet: Western Union Telegraph Co. v. Speight,254 U.S. 17, 41 S.Ct. 11, 65 L.Ed. 104; Basila v. Western Union

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