Florida Statutes
Fla. Stat. § 216.311 (2025)
Unauthorized contracts in excess of appropriations; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 216.311
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§216.311EMBEZZLECONTRACT IN EXCESS OF APPROPRIATION
Notes of Decisions
Cited in 11
cases, 1973–2013 · leading case: State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991).
State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “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…”
Spalding v. Dugger, 526 So. 2d 71 (Fla. 1988). “" 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…”
State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “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…”
Florida Dep't of Health & Rehabilitative Servs. v. S. Energy, Ltd., 493 So. 2d 1082 (Fla. 1st DCA 1986). “As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency may contract in excess of funds appropriated to it.”
Cartee v. Florida Dep't of Health & Rehabilitative Servs., 354 So. 2d 81 (Fla. 1st DCA 1977). “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…”
Physicians Health Care Plans, Inc. v. Cook, 714 So. 2d 566 (Fla. 1st DCA 1998). “As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency may contract in excess of funds appropriated to it.”
Ellingham v. Florida Dep't of Child. & Fam. Servs., 896 So. 2d 926 (Fla. 1st DCA 2005). “; § 216.311(1), Fla.Stat. (2002). Developmentally disabled persons are entitled to receive services only “within available resources,” and DCF has discretion to prioritize how it will distribute funds.”
Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013). “§ 216.311(1), Fla. Stat. (2002). DOT currently has specific statutory authority to enter into many different kinds of contracts.”
Dep't of Health & Rehabilitative Servs. v. State, 593 So. 2d 328 (Fla. 5th DCA 1992). “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.”
Cartee v. Fla. Dept. of H. & R. Serv., 354 So. 2d 81 (Fla. 1st DCA 1977). “The final judgment is AFFIRMED in part, REVERSED in part and REMANDED for further proceedings not inconsistent with this opinion.”
State Dep't of Educ. v. Howard, 279 So. 2d 15 (Fla. 1973). “Section 216.311, F. S.A., as applied to this case.”
— 216.311(1) — 4 cases
State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “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…”
Ellingham v. Florida Dep't of Child. & Fam. Servs., 896 So. 2d 926 (Fla. 1st DCA 2005). “; § 216.311(1), Fla.Stat. (2002). Developmentally disabled persons are entitled to receive services only “within available resources,” and DCF has discretion to prioritize how it will distribute funds.”
Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013). “§ 216.311(1), Fla. Stat. (2002). DOT currently has specific statutory authority to enter into many different kinds of contracts.”
State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). “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…”
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