Arrestable Offenses / Crimes under Fla. Stat. 216.311
CopyCited 22 times | Published | Florida 1st District Court of Appeal
...ial therapeutic placements for the children. However, the Department explained to Judge Brooke at each respective hearing that due to limitations in the amount of the legislature's appropriations for such placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from agreeing to and making the recommended placements....
...The judge ordered Secretary Coler to appear despite a letter submitted to him from Lee Johnson, acting district administrator for the Department, informing him that the budget allocated for the fiscal year 1990-1991 was lower than that which was actually needed, and pointing out that the Department was prohibited by section 216.311 from expending or committing funds in excess of the approved budget allocation....
...partment's administration of mental health programs for psychotic and emotionally disturbed children is expressly conditioned upon the availability of appropriated funds. See sections
409.165(1),
394.4781(2), and
394.4781(3)(b), Fla. Stat. Moreover, section
216.311 makes it unlawful for any agency within the state government to contract to spend money in excess of appropriations therefore....
...reby dismissed in Case No. 90-2475. The orders under review in the remaining consolidated appeals are hereby REVERSED. ERVIN and MINER, JJ., concur. NOTES [1] The proceedings below were also stayed pending resolution of the issues raised herein. [2] Section 216.311(1) provides: No agency of the state government shall contract to spend, or enter into any agreement to spend, any moneys in excess of the amount appropriated to such agency unless specifically authorized by law, and any contract or agreement in violation of this chapter shall be null and void....
CopyCited 12 times | Published | Supreme Court of Florida | 1988 WL 59154
...ed to address mental health issues, "have been completely exhausted." She determined that CCR cannot expend funds for investigation, travel, experts, or other services directly related to the nine cases under active death warrants, without violating section
216.311, Florida Statutes (1987), and subjecting the capital collateral representative to the penalties provided in section
775.082,
775.083, or
775.084, Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...The final judgment is AFFIRMED in part, REVERSED in part and REMANDED for further proceedings not inconsistent with this opinion. BOYER, Acting C.J., and MILLS, J., concur. ON PETITION FOR REHEARING ERVIN, Judge. Appellees in their petition for rehearing rely upon Section 216.311, Florida Statutes (1975), prohibiting any agency of the state from entering into an agreement to spend any monies in excess of the amount appropriated to the agency unless specifically authorized by law, and providing that any agreement in violation of the Section is void....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1919, 1986 Fla. App. LEXIS 9643
...opriate funds. Brown v. Firestone,
382 So.2d 654 (Fla.1980). Article VII, sec. 1(c), Florida Constitution, provides that no money shall be drawn from the state treasury except pursuant to appropriations made by law. As a corollary to that provision, section
216.311, Florida Statutes, provides that no agency may contract in excess of funds appropriated to it....
...ested” to fund the agreement, and provided that when less than the bargained contract amount is appropriated, the "agreement shall be administered ... on the basis of the amounts appropriated....” A comparable provision of general law is that in section 216.311, Florida Statutes, to the effect that “no agency ......
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7569, 1998 WL 337267
...Southern Energy, Ltd.,
493 So.2d 1082, 1084 (Fla. 1st DCA 1986) (“Article VII, sec. 1(c), Florida Constitution, provides that no money shall be drawn from the state treasury except pursuant to appropriations made by law. As a corollary to that provision, section
216.311, Florida Statutes, provides that no agency may contract in excess of funds appropriated to it.”)....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 45
...l therapeutic placements for the children. However, the Department explained to Judge Brooke at each respective hearing that due to limitations in the amount of the legislature’s appropriations for such placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from agreeing to and making the recommended placements....
...The judge ordered Secretary Coler to appear despite a letter submitted to him from Lee Johnson, acting district administrator for the Department, informing him that the budget allocated for the fiscal year 1990-1991 was lower than that which was actually needed, and pointing out that the Department was prohibited by section 216.311 from expending or committing funds in excess of the approved budget allocation....
...rtment’s administration of mental health programs for psychotic and emotionally disturbed children is expressly conditioned upon the availability of appropriated funds. See sections
409.165(1),
394.4781(2), and 394.-4781(3)(b), Fla.Stat. Moreover, section
216.311 makes it unlawful for any agency within the state government to contract to spend money in excess of appropriations therefore....
...In summary, the petition for writs of prohibition and common law certiorari are hereby dismissed in Case No. 90-2475. The orders under review in the remaining consolidated appeals are hereby REVERSED. ERVIN and MINER, JJ., concur. . The proceedings below were also stayed pending resolution of the issues raised herein. . Section 216.311(1) provides: No agency of the state government shall contract to spend, or enter into any agreement to spend, any moneys in excess of the amount appropriated to such agency unless specifically authorized by law, and any contract or agreement in violation of this chapter shall be null and void....
CopyPublished | Florida 5th District Court of Appeal | 1992 Fla. App. LEXIS 1484, 1992 WL 28909
...denied,
591 So.2d 185 (Fla.1991), citing State, Dept. of Health and Rehabilitative Services v. Brooke,
573 So.2d 363 (Fla. 1st DCA 1991) with approval. Accordingly, the order of contempt is hereby reversed. REVERSED. GRIFFIN, J., concurs. GOSHORN, C.J., dissents without opinion. . In addition, section
216.311, Florida Statutes (1991) forbids any state agency from willfully contracting to spend money in excess of the amount appropriated to such agency unless specifically authorized by law.
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...for payment of `termination charges' in the event of termination of telephone services prior to the end of the contract period is otherwise lawful, a state agency may lawfully contract to pay such charges and they are not invalid by virtue of either s. 216.311 , F....
...mong the various expenses necessary to run the office, e.g ., `telephone service,' etc. The question has apparently arisen whether the payment of termination charges pursuant to a provision such as that quoted above would violate the requirements of s. 216.311 , F. S. That section provides in pertinent part: 216.311 Unauthorized agency contracts in excess of appropriations, prohibited; penalty....
...Nevertheless, I note that the Constitution and laws of Florida are a part of every contract entered into in Florida. Bd. of Public Instruction v. Bay Harbor Island,
81 So.2d 637 (Fla. 1955); General Development Co. v. Catlin,
139 So.2d 901 (3 D.C.A. Fla., 1962). Accordingly, the provisions of s. 1(c), Art. VII, State Const., s.
216.311 , F....
...Any such officer, in order to incur any obligation against the moneys of the state, must find and point to an appropriate constitutional or statutory authorization. (It was held in Thomas v. Askew,
270 So.2d 707 (Fla. 1972), that such legislative authorization may be contained in the General Appropriations Act.) Section
216.311 , F....
...ppropriation for `expenses' and the contract requires a `termination charge.' This is so regardless of how an appropriation may be broken down into `telephone service' and other specific lawful expenses in the agency's own budget. The requirement of s. 216.311 , F....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17284
in their petition for rehearing rely upon Section
216.311, Florida Statutes (1975), prohibiting any agency
