CopyCited 64 times | Published | Supreme Court of Florida
..... 677,051 608,101 Governor's Veto Message, pp. 14-15 On page 152 following item 1131 is a proviso which reserves the use of $100,000 of the Deficiency Appropriation to the Department of State Division of Corporations. This proviso is contrary to Section 216.231, Florida Statutes, which provides procedures for the release of Deficiency Funds upon approval of the Governor and three other members of the Administration Commission....
...or the positions and salaries in the Division. But the qualification is invalid nonetheless. By its express terms it authorizes expenditure of deficiency funds upon the approval of the Department of Administration. This is in direct contravention of section 216.231, Florida Statutes (1979), which permits the release of deficiency funds only upon approval of the governor and three other members of the Administration Commission. [7] Because the qualification *670 suspends pro tanto the operation of substantive law in section 216.231, it cannot stand....
...omas cannot be reconciled with this decision, it is hereby expressly disapproved. [6] It is of no small significance that Judge Taylor was a member of the Constitutional Revision Commission and instrumental in revision of article IV, section 18. [7] § 216.231(1), Fla....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
reference to broadly definable purposes in section
216.231, Florida Statutes, this office found that the
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
...The Governor and members of the Cabinet are subject to the same rules of law as are other officers regarding expenditure of public funds for travel and other purposes. The Governor's contingent-discretionary appropriation and the authority to expend funds from that appropriation as set out in s. 216.231 (2), F....
...concerned with members of the Cabinet, as questions involving the Governor must always take into consideration the contingent-discretionary appropriation provided annually in the General Appropriations Act and the spending authorization set forth in s. 216.231 (2), F....
...It cannot be overemphasized that the contingentdiscretionary fund and the expenditures authorized in connection with that fund relate only to the Governor — not to any Cabinet member or to any other officer. As was stated in AGO 077-11: The extraordinary language of s. 216.231 (2) — with its broad grant of discretion to the Governor, and reference to broadly definable purposes, such as `to promote general government' and `to enhance the image of the state' — is peculiar to the Governor and to the con...
...and appears to have been intended to relieve the Governor from compliance with otherwise applicable state fiscal laws and standards governing expenditure of public funds. Of course, it is fundamental that not even statutory language such as that in s. 216.231 (2) could authorize expenditure of public funds for other than a public purpose. Section 216.231 (2), instead, broadens the scope of public purpose with respect to the Governor and commits to the discretion of the Governor (subject to audit by the Auditor General) the authority to determine those public purposes requiring expenditure of funds from the contingent-discretionary appropriation....
...Therefore, to the extent that AGO 071-200 addressed the expenditure of funds by Cabinet members (who have no appropriation equivalent to the Governor's contingent-discretionary appropriation and no extraordinary spending authority equivalent to that given the Governor by s. 216.231 , F....
...The Governor and members of the Cabinet are subject to the same rules of law as are other officers regarding expenditure of public funds for travel and other purposes. The Governor's contingent-discretionary appropriation and the authority to expend funds from that appropriation as set out in s. 216.231 (2), F....
