Florida/Georgia Personal Injury & Workers Compensation

...verned by a county charter. Under these constitutional provisions the clerk is the ex officio clerk of the board of county commissioners, the auditor, recorder and custodian of all county funds. We first consider the clerk's auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk "acting as county auditor," from signing illegal warrants and provides both personal and criminal liability for violation of this provision....

..."Implicit in the word `auditor' itself is that some responsibility shall attach to inquire into the legality of the claim. Be that as it may, to follow the argument of the plaintiff would be to completely disregard the provisions of Section 129.08 and Section 129.09, Florida Statutes [F.S.A.]....

49 A.L.R.3d 189; Prosser, Law of Torts, 3d ed. § 129. [9] See, also, Parke v. Dennard (1928) 218 Ala.

...nty accounts of each and every depository ... shall at all times be subject to the inspection and examination by the County auditor.” Section 136.06(1) requires that checks or warrants drawn on county accounts shall be “attested by the clerk.” Section 129.09, Florida Statutes (2007), imposes both personal civil liability and criminal liability on any clerk of the circuit court acting as county auditor who signs a warrant for any illegal or unauthorized payment of county funds....

...It is these, and only these, functions to which the appellee clerk is limiting his claim for relief and which we interpret as the four corners of the final judgment upon which review is being sought by appellant. The court said in Alachua County: We first consider the clerk’s auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk “acting as county auditor,” from signing illegal warrants and provides both personal and criminal liability for violation of this provision....

...al action committee, the Orange County Professional Fire Fighters Local 2057 PAC Fund, if requested to do so by an employee. The union would reimburse the county for the costs of administering this payroll deduction. As you point out in your letter, section 129.09 , Florida Statutes, imposes personal liability on you as county comptroller for any payment made by the county that is not authorized by law....

...'s direction. As the elected Clerk of the Circuit Court of Collier County, you are charged by the Florida Constitution with acting as the "ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds." 1 Section 129.09 , Florida Statutes, also makes the clerk personally liable if he or she pays any claim against the county that is not authorized by law....

...ity and provide funding for the Medicaid Match in return for annual cash payments from the county without referendum approval as provided in section 4 , Article VIII , Florida Constitution. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 129.09 , Fla....