Florida Statutes

Fla. Stat. § 129.09 (2025)

County auditor not to sign illegal warrants.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 129.09

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§129.09EMBEZZLEWILLFULLY SIGN ILLEGAL PAYMENT WARRANTSM · 2nd

Notes of Decisions

Cited in 4 cases, 1963–2009 · leading case: Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977).

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Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977). · cites it 2× “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.”

Brock v. Bd. of Cnty. Commissioners, 21 So. 3d 844 (Fla. 2d DCA 2009). · cites it 3× “” 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.”

Mayes Printing Co. v. Flowers, 154 So. 2d 859 (Fla. 1st DCA 1963). · cites it 2× “08 and Section 129.09, Florida Statutes [F.S.A.].”

W & F Ltd.v. Dunkle, 444 So. 2d 554 (Fla. 4th DCA 1984). · cites it 2× “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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