Florida Statute 216.311 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 216
PLANNING AND BUDGETING

View Entire Chapter

F.S. 216.311

216.311 Unauthorized contracts in excess of appropriations; penalty.—

(1) No agency or branch of state government shall contract to spend, or enter into any agreement to spend, any moneys in excess of the amount appropriated to such agency or branch unless specifically authorized by law, and any contract or agreement in violation of this chapter shall be null and void.

(2) Any person who willfully contracts to spend, or enters into an agreement to spend, any money in excess of the amount appropriated to the agency or branch for whom the contract or agreement is executed is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 15, 31, 35, ch. 69-106; s. 19, ch. 71-354; s. 66, ch. 73-333; s. 20, ch. 77-352; s. 100, ch. 79-190; s. 106, ch. 79-222; s. 26, ch. 91-224; s. 74, ch. 92-142.

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Amendments to 216.311

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 216.311

Level: Degree
Misdemeanor/Felony: First/Second/Third

S216.311 - EMBEZZLE - CONTRACT IN EXCESS OF APPROPRIATION - M: F

Cases Citing Statute 216.311

Total Results: 12

STATE, DEPT. OF HEALTH & REHAB. SERVS. v. Brooke

573 So. 2d 363

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 479226

Cited 22 times | Published

placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from

Spalding v. Dugger

526 So. 2d 71, 1988 WL 59154

Supreme Court of Florida | Filed: Jun 10, 1988 | Docket: 1679909

Cited 12 times | Published

under active death warrants, without violating section 216.311, Florida Statutes (1987), and subjecting the

Cartee v. FLA. DEPT. OF H. & R. SERV.

354 So. 2d 81

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 1279078

Cited 8 times | Published

in their petition for rehearing rely upon Section 216.311, Florida Statutes (1975), prohibiting any agency

Department of Transportation v. CSX Transportation, Inc.

128 So. 3d 209, 2013 WL 6481129, 2013 Fla. App. LEXIS 19661

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237033

Cited 1 times | Published

violation of this chapter shall be null and void. § 216.311(1), Fla. Stat. (2002). DOT currently has specific

Ellingham v. Florida Department of Children & Family Services

896 So. 2d 926, 2005 Fla. App. LEXIS 2672, 2005 WL 491188

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64836893

Cited 1 times | Published

by law. See Art. VII, Sec. 1(c), Fla. Const.; § 216.311(1), Fla.Stat. (2002). Developmentally disabled

Physicians Health Care Plans, Inc. v. Cook

714 So. 2d 566, 1998 Fla. App. LEXIS 7569, 1998 WL 337267

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 64781854

Published

by law. As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency

Department of Health & Rehabilitative Services v. State

593 So. 2d 328, 1992 Fla. App. LEXIS 1484, 1992 WL 28909

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 64665157

Published

dissents without opinion. . In addition, section 216.311, Florida Statutes (1991) forbids any state

State, Department of Health & Rehabilitative Services v. Brooke

573 So. 2d 363, 1991 Fla. App. LEXIS 45

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 64655932

Published

placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from

Florida Department of Health & Rehabilitative Services v. Southern Energy, Ltd.

493 So. 2d 1082, 11 Fla. L. Weekly 1919, 1986 Fla. App. LEXIS 9643

District Court of Appeal of Florida | Filed: Sep 9, 1986 | Docket: 64621515

Published

by law. As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3255515

Published

contained in the General Appropriations Act.) Section 216.311, F. S., prohibits the officer from spending

Cartee v. Florida Department of Health & Rehabilitative Services

354 So. 2d 81, 1977 Fla. App. LEXIS 17284

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562366

Published

in their petition for rehearing rely upon Section 216.311, Florida Statutes (1975), prohibiting any agency

State Department of Education v. Howard

279 So. 2d 15, 1973 Fla. LEXIS 5093

Supreme Court of Florida | Filed: May 29, 1973 | Docket: 64532719

Published

unconstitutional F.S. Section 216.311, F. S.A., as applied to this case. Section 216.311 prohibits a state