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Florida Statute 219.02 - Full Text and Legal Analysis Florida Statute 219.02 | Lawyer Caselaw & Research
Fla. Stat. § 219.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
219.02 Handling of public money.—
(1) It shall be the duty of each officer to issue a receipt for each collection of public money made by him or her, a copy of which receipt shall be retained by the officer and shall be a public record. The receipt may be printed and registered by a cash register or validating machine, or may be by prenumbered license, or may be by prenumbered receipt blank. In addition to the foregoing alternative methods, any one or more of which may be used by the officer, he or she may use also any other form or method which will record collections of public money in a manner adequate for a proper postaudit.
(2) It shall be the duty of each officer to keep safely all the public money collected by him or her. Each officer shall exercise all possible care for the protection of the public money in that officer’s custody, and all public money shall be kept separate in the depository and shall not be commingled with personal funds.
(3) It shall be the duty of the several boards of county commissioners to provide suitable facilities, and adequate insurance, for the protection of the public money in the respective county offices; provided, that if it shall appear to an officer that the facilities or the insurance provided by the board of county commissioners are inadequate, that officer may provide the additional facilities and insurance found to be necessary, and may charge the cost thereof to the expense of his or her office.
History.—s. 2, ch. 57-349; ss. 12, 35, ch. 69-106; s. 1182, ch. 95-147; s. 34, ch. 95-312.

Cases Citing F.S. 219.02

Fla. Stat. § 219.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Barbara J. HENSON, Plaintiff-Appellant, v. CITY OF DUNDEE, Defendant-Appellee, 682 F.2d 897 (11th Cir. 1982).

Cited 857 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 16761, 29 Empl. Prac. Dec. (CCH) 32, 993, 29 Fair Empl. Prac. Cas. (BNA) 787

principles. See Restatement (Second) of Agency § 219(2)(d) (master is liable for tort of his servant if
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Cited "but see"Valdez v. Church's Fried Chicken, Inc. (1988)
phrase: "but see"
Cited as authorityElisena Philemond v. Boca Lakes Condominium Association, Inc., et al. (2026)
Cited as authorityCurtis Madison v. Niagara Bottling, LLC (2026)
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·Barbara Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554 (11th Cir. 1987).

Cited 172 times | Published | Court of Appeals for the Eleventh Circuit | 45 Fair Empl. Prac. Cas. (BNA) 160, 1987 U.S. App. LEXIS 13969, 44 Empl. Prac. Dec. (CCH) 37, 493

recognized that an employer may be liable under section 219(2) of the Restatement for its servant’s actions
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Cited "but see"Annabelle Lipsett v. University of Puerto Rico (1988)
phrase: "but see"
Cited as authorityNaraine v. City of Hollywood (2022)
Cited as authorityGraves v. Avis Budget Group, Inc. (2022)
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·LaRoche v. Denny's, Inc., 62 F. Supp. 2d 1366 (S.D. Fla. 1999).

Cited 124 times | Published | District Court, S.D. Florida | 1999 WL 669545

the agency relationship. Restmt. (2d) Agency, § 219(2). One district court has recently applied these
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Quote AuthorityNavinchandra J. Rathod v. Imerys Carbonates USA, Inc. (2026)
phrase: "see also"
Quote AuthorityJ. Corbin Douglas Tunstall v. Alabama Department of Corrections (2026)
phrase: "see also"
Quote AuthorityDavid Rissling, et al. v. Magaria Bobo, et al. (2026)
phrase: "see also"
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·Walton v. Johnson & Johnson Servs., Inc., 347 F.3d 1272 (11th Cir. 2003).

Cited 82 times | Published | Court of Appeals for the Eleventh Circuit | 92 Fair Empl. Prac. Cas. (BNA) 1284, 2003 U.S. App. LEXIS 21208, 2003 WL 22383606

Court looked to Restatement (Second) of Agency § 219(2)(d), which provides that an employer “is not subject
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Cited as authorityScott William Marston v. Bellsouth Communications, LLC (2026)
Cited as authorityATES v. GEICO INSURANCE AGENCY, LLC (2024)
Cited as authorityBIRD v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA (2023)
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·Faragher v. City of Boca Raton, 111 F.3d 1530 (11th Cir. 1997).

Cited 50 times | Published | Court of Appeals for the Eleventh Circuit

could arise under the principles of Restatement § 219(2) if: (1) the employer was negligent or reckless;
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Cited as authorityWALKER v. UNITED PARCEL SERVICE INC (2022)
CitedGarrett v. Tyco Fire Prods., LP (2018)
phrase: "see"
CitedVance v. Ball State Univ. (2013)
phrase: "see"
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·Mashell C. DEES, Plaintiff-Appellant, v. JOHNSON CONTROLS WORLD Servs., INC., Defendant-Appellee, 168 F.3d 417 (11th Cir. 1999).

Cited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 2759, 75 Empl. Prac. Dec. (CCH) 45, 771, 79 Fair Empl. Prac. Cas. (BNA) 1446, 1999 WL 89049

relation. Restatement (Second) of Agency § 219(2) (1958). Dees contended that World Services was
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Cited (see also)Black v. Five Guys Operations LLC (2024)
phrase: "see also"
Cited as authorityLutz v. LexJax, Inc. (2024)
CitedKHATABI v. CAR AUTO HOLDINGS LLC (2024)
phrase: "see"
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·78 Fair empl.prac.cas. (Bna) 1553, 74 Empl. Prac. Dec. P 45,687, 12 Fla. L. Weekly Fed. C 420 Vickie K. Coates v. Sundor Brands, Inc., & Emmett E. Long, 164 F.3d 1361 (11th Cir. 1999).

Cited 50 times | Published | Court of Appeals for the Eleventh Circuit

"aided-by-the-agency-relation" principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency to find
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Cited as authorityScott William Marston v. Bellsouth Communications, LLC (2026)
Cited as authorityJason Jones v. Fluor Facility & Plant Services, Inc. et al. (2026)
CitedWATSON v. CITY OF WARNER ROBINS GEORGIA (2025)
phrase: "see"
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·Nazareth v. Herndon Ambulance Serv., 467 So. 2d 1076 (Fla. 5th DCA 1985).

Cited 35 times | Published | Florida 5th District Court of Appeal | 68 A.L.R. 4th 1

is summarized by Restatement (Second) of Agency § 219(2)(d) (1958): where "the servant purported to act
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Cited "but see"Sebastian v. District of Columbia (1994)
phrase: "but see"
Cited as authorityByndom v. Waffle House, Inc. (2025)
Cited as authorityMcKenzie v. United States Tennis Association Incorporated (2024)
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·Scelta v. Delicatessen Support Servs., Inc., 57 F. Supp. 2d 1327 (M.D. Fla. 1999).

Cited 23 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 9769, 82 Fair Empl. Prac. Cas. (BNA) 931, 1999 WL 455394

Restatement (Second) of Agency § 219(2). An employer is liable under Section 219(2) of the Restatement if, "(a)
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Cited as authorityRaziel Ofer v. Pam Bondi, Attorney General for the United States of America (2026)
Cited as authorityMarissa Barnett v. Wendy’s International, LLC (2025)
Cited as authorityTammy King v. Sheriff Carmine Marceno, in his official capacity as Lee County Sheriff; Deputy Jay Brett, individual capacity; Deputy Jason Ward, individual capacity; Deputy Johnathon Armato, individual capacity; Deputy Melquias Olivo, individual capacity; Millenium Physician Group, LLC; Francisco Marasigan; Kristin Gustin (2025)
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·Storm v. Town of Ponce Inlet, 866 So. 2d 713 (Fla. 5th DCA 2004).

Cited 7 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 1, 2004 WL 19497

317[10] and Restatement (Second) of Agency 2d § 219(2) and § 213.[11] *717 In Midwest Knitting Mills
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Cited as authorityWojciechowski v. City of New Port Richey, Florida (2024)
Cited as authorityMacauley v. Collier County Sheriff Office (2021)
CitedJERMC LTD. v. Town of Redington Shores (2021)
phrase: "see"
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·Natalie Versiglio v. Bd. of Dental Examiners of Alabama, 686 F.3d 1290 (11th Cir. 2012).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 2866091, 2012 U.S. App. LEXIS 14437

..."In Opinion of the Justices No. 346, 665 So. 2d 1357, 1358-59 (Ala. 1995), this Court addressed the constitutionality of House Bill 586 in light of § 5(a) of Amendment No. 450 to the Constitution of Alabama of 1901 (now § 219.02, Ala....
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Cited as authorityAndy Desty v. Georgia Department of Human Services/Child Support Services (2026)
Cited as authorityErika Riley-Cornutt v. The Board of the Trustees of the University of Alabama; Erika Riley-Cornutt v. The Board of the Trustees of the University of Alabama, UAB Hospital (2026)
Cited as authorityWorld Aircraft Services, Inc. v. AETNA Life Insurance Company (2025)
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·78 Fair empl.prac.cas. (Bna) 763, 74 Empl. Prac. Dec. P 45,613, 12 Fla. L. Weekly Fed. C 247 Vickie K. Coates v. Sundor Brands, Inc., & Emmett E. Long, 160 F.3d 688 (11th Cir. 1998).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit

"aided-by-the-agency-relation" principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency, Faragher
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Cited as authorityWal-Mart Stores, Inc. v. Itz (2000)
Cited (see also)Margaret Pacheco v. New Life Bakery, Inc. (1999)
phrase: "see also"
CitedHollis v. City of Buffalo (1998)
phrase: "see"
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·Coates v. Sundor Brands, Inc., 164 F.3d 1361 (11th Cir. 1999).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 407, 74 Empl. Prac. Dec. (CCH) 45, 687, 78 Fair Empl. Prac. Cas. (BNA) 1553, 1999 WL 12822

“aided-by-the-ageney-relation” principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency to find
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Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir. 1996).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 1834, 68 Empl. Prac. Dec. (CCH) 44, 000, 69 Fair Empl. Prac. Cas. (BNA) 1590

1559-60 (citing Restatement (Second) of Agency § 219(2)(d)). 6 Applying these agency principles
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·Coates v. Sundor Brands, Inc., 160 F.3d 688 (11th Cir. 1998).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 28457, 74 Empl. Prac. Dec. (CCH) 45, 613, 78 Fair Empl. Prac. Cas. (BNA) 763, 1998 WL 789169

“aided-by-the-agency-relation” principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency, Faragher
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·Haslett v. State, 225 So. 2d 186 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5408

...Section 1(2) of the 1957 Act, now F.S. § 219.01(2), F.S.A., defines “public money” to mean “all money collected by a county officer which he is required or authorized by law, as such county officer, to collect”. Section 2 of the 1957 Act, now F.S. § 219.02, F.S.A., provides that a receipt shall be issued by the officer “for each collection of public money made by him, a copy of which receipt shall be retained by the officer and shall be a public record”, and that— “It shall be the duty of each officer to keep safely all the public money collected by him....
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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

the several boards of county commissioners. Section 219.02(3), F. S. However, recognizing that it is the
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Coates v. Sundor Brands, Inc. (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

"aided-by-the-agency-relation" principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency, Faragher
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Coates v. Sundor Brands, Inc. (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

“aided-by-the-agency- relation” principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency, Faragher
Copy

Coates v. Sundor Brands, Inc. (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

“aided-by-the-agency- relation” principle borrowed from § 219(2)(d) of the Restatement (Second) of Agency to find
Copy

Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

the principles of Restatement § 219(2) if: (1) the employer was
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Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

under the principles of Restatement § 219(2) if: (1) the employer was negligent
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Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir. 1996).

Published | Court of Appeals for the Eleventh Circuit

1559-60 (citing Restatement (Second) of Agency § 219(2)(d)).6 Applying these agency principles
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Dees v. Johnson Controls World Svs. (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

agency relation. Restatement (Second) of Agency § 219(2) (1958). Dees contended that World Services was
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Dees v. Johnson Controls World Svs. (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

agency relation. Restatement (Second) of Agency § 219(2) (1958). Dees contended that World Services was
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Faragher v. City of Boca Raton, 111 F.3d 1530 (11th Cir. 1997).

Published | Court of Appeals for the Eleventh Circuit | 1997 WL 204926

could arise under the principles of Restatement § 219(2) if: (1) the employer was negligent or reckless;

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