Florida Statute 129.9 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 129
COUNTY ANNUAL BUDGET

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F.S. 129.09

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.

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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

Alachua County v. Powers

351 So. 2d 32

Supreme Court of Florida | Filed: Oct 6, 1977 | Docket: 1671663

Cited 47 times | Published

consider the clerk's auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk

Mayes Printing Company v. Flowers

154 So. 2d 859, 1963 Fla. App. LEXIS 3345

District Court of Appeal of Florida | Filed: Jun 11, 1963 | Docket: 1320011

Cited 17 times | Published

disregard the provisions of Section 129.08 and Section 129.09, Florida Statutes [F.S.A.]. The former pertains

Jolley v. Powell

299 So. 2d 647

District Court of Appeal of Florida | Filed: Sep 4, 1974 | Docket: 1745700

Cited 8 times | Published

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

Ago

Florida Attorney General Reports | Filed: Jun 7, 2010 | Docket: 3257605

Published

recorder and custodian of all county funds."1 Section 129.09, Florida Statutes, also makes the clerk personally

Brock v. Board of County Commissioners

21 So. 3d 844, 2009 WL 3012705

District Court of Appeal of Florida | Filed: Sep 28, 2009 | Docket: 60260088

Published

accounts shall be “attested by the clerk.” Section 129.09, Florida Statutes (2007), imposes both personal

Ago

Florida Attorney General Reports | Filed: Mar 3, 1998 | Docket: 3258193

Published

deduction. As you point out in your letter, section 129.09, Florida Statutes, imposes personal liability

Ago

Florida Attorney General Reports | Filed: Aug 18, 1995 | Docket: 3257568

Published

Robert A. Butterworth Attorney General RAB/tgk 1 Section 129.09, Fla. Stat., imposes personal liability upon

W & F Ltd.v. Dunkle

444 So. 2d 554, 1984 Fla. App. LEXIS 11481

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 64602429

Published

consider the clerk’s auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk