255.2502

Contracts which require annual appropriation; contingency statement.

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255.2502 Contracts which require annual appropriation; contingency statement.—No executive branch department or agency, public officer or employee shall enter into any contract on behalf of the state, which contract binds the state or its executive agencies to the lease, rental, lease-purchase, purchase, or sale-leaseback of office space, real property or improvements to real property for a period in excess of 1 fiscal year, including any and all renewal periods and including all leases which constitute a series of leases unless the following statement is included in the contract: “The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.” The foregoing statement shall not be amended, supplemented, or waived, and shall be printed in type at least as large as any other type appearing on the contract. Any contract in violation of this section shall be null and void.

History.—s. 10, ch. 88-409.

Notes of Decisions

Cited in 3 cases, 1991–2019 · leading case: William H. Benson and Joanne Benson v. State of Florida Department of Corrections

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William H. Benson and Joanne Benson v. State of Florida Department of Corrections (2016) fladistctapp · cites it 3× “§ 255.2502, Fla. Stat. In accordance with the law, the Department’s lease with the Bensons included a provision making its “performance and obligation to pay under [the] nontract .”

Courtenay v. DHRS (1991) fladistctapp · cites it 2× “HRS awarded to Ohri the lease of seven years commencing December 1, 1989, and, by doing so, indicated that it planned to proceed with the lease, subject, of course, to one of the conditions of the invitation to bid that "the State of Florida's performance and obligation to pay…”

Northwood Associates, LLC v. Michael Ertel, in his official capacity as Secretary of State (2019) fladistctapp · cites it 4× “” 2 2 Section 255.2502, Florida Statutes (2017), provides in part: No executive branch department or agency, public officer or employee shall enter into any contract on behalf of the state, which contract binds the state or its executive agencies to the lease, rental .”

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