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Florida Statute 129.09 - Full Text and Legal Analysis
Florida Statute 129.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 129.09 Case Law from Google Scholar Google Search for Amendments to 129.09

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 129
COUNTY ANNUAL BUDGET
View Entire Chapter
129.09 County auditor not to sign illegal warrants.Any clerk of the circuit court, acting as county auditor, who shall sign any warrant for the payment of any claim or bill or indebtedness against any county funds in excess of the expenditure allowed by law, or county ordinance, or to pay any illegal charge against the county, or to pay any claim against the county not authorized by law, or county ordinance, shall be personally liable for such amount, and if he or she shall sign such warrant willfully and knowingly he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 2, ch. 6814, 1915; RGS 5333; CGL 7466; s. 5, ch. 71-14; s. 78, ch. 71-136; s. 2, ch. 71-305; s. 829, ch. 95-147.

F.S. 129.09 on Google Scholar

F.S. 129.09 on CourtListener

Amendments to 129.09


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 129.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S129.09 - EMBEZZLE - WILLFULLY SIGN ILLEGAL PAYMENT WARRANTS - M: S

Cases Citing Statute 129.09

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977).

Cited 47 times | Published | Supreme Court of Florida

...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....
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Mayes Printing Co. v. Flowers, 154 So. 2d 859 (Fla. 1st DCA 1963).

Cited 17 times | Published | Florida 1st District Court of Appeal | 1963 Fla. App. LEXIS 3345

..."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.]....
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Jolley v. Powell, 299 So. 2d 647 (Fla. 2d DCA 1974).

Cited 8 times | Published | Florida 2nd District Court of Appeal

49 A.L.R.3d 189; Prosser, Law of Torts, 3d ed. § 129. [9] See, also, Parke v. Dennard (1928) 218 Ala.
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Brock v. Bd. of Cnty. Commissioners, 21 So. 3d 844 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 WL 3012705

...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....
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

...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....
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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

...'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....
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W & F Ltd.v. Dunkle, 444 So. 2d 554 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11481

...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....
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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

...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....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.