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Florida Statute 17.04 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 17
CHIEF FINANCIAL OFFICER
View Entire Chapter
17.04 To audit and adjust accounts of officers and those indebted to the state.—The Chief Financial Officer, using generally accepted auditing procedures for testing or sampling, shall examine, audit, adjust, and settle the accounts of all the officers of this state, and any other person in anywise entrusted with, or who may have received any property, funds, or moneys of this state, or who may be in anywise indebted or accountable to this state for any property, funds, or moneys, and require such officer or persons to render full accounts thereof, and to yield up such property or funds according to law, or pay such moneys into the treasury of this state, or to such officer or agent of the state as may be appointed to receive the same, and on failure so to do, to cause to be instituted and prosecuted proceedings, criminal or civil, at law or in equity, against such persons, according to law. The Chief Financial Officer may conduct investigations within or outside of this state as it deems necessary to aid in the enforcement of this section. If during an investigation the Chief Financial Officer has reason to believe that any criminal statute of this state has or may have been violated, the Chief Financial Officer shall refer any records tending to show such violation to state or federal law enforcement or prosecutorial agencies and shall provide investigative assistance to those agencies as required.
History.—s. 4, ch. 8, 1845; RS 96; GS 100; RGS 113; CGL 143; ss. 12, 35, ch. 69-106; s. 2, ch. 95-312; s. 1, ch. 95-426; s. 18, ch. 2003-261; s. 1, ch. 2016-165.

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Amendments to 17.04


Annotations, Discussions, Cases:

Cases Citing Statute 17.04

Total Results: 43  |  Sort by: Relevance  |  Newest First

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Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2003).

Cited 369 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 21729838

local governmental actors alike. See Ga.Code Ann. § 17-4-20(d) (prohibiting either a "law enforcement agency
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United States v. Marengo Cnty. Comm'n, 731 F.2d 1546 (11th Cir. 1984).

Cited 155 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 22538

remain there at least one half a day”. Ala.Code § 17-4-1 (1975) (repealed by Act of April 27, 1978, No
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E.J. Wilson, Dearest Davis, & Cassandra Linder, Plaintiffs v. Roland Attaway, 757 F.2d 1227 (11th Cir. 1985).

Cited 129 times | Published | Court of Appeals for the Eleventh Circuit | 17 Fed. R. Serv. 1380, 1985 U.S. App. LEXIS 28922

Ed.2d 598 (1976); see also, O.C.G.A., § 17-4-20 (1982). There must be probable cause to believe
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United States v. Jones, 125 F.3d 1418 (11th Cir. 1997).

Cited 103 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 29847, 1997 WL 640830

Jones, the Dallas County probate judge. Ala.Code § 17-4-129. Two members of the Board were black, and one
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Lindsey M. Scott v. Larry Dixon, 720 F.2d 1542 (11th Cir. 1983).

Cited 47 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 14468

amended in 1983 and recodified at Off. Code Ga.Ann. § 17-4-40 (Supp.1983). 3 . Apparently,
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Monica L. Moore v. Gwinnett Cnty., & Xyz Co., & John Doe, Jointly & Severally, J.O. Meadows, 967 F.2d 1495 (11th Cir. 1992).

Cited 25 times | Published | Court of Appeals for the Eleventh Circuit | 92 Fulton County D. Rep. 1668, 1992 U.S. App. LEXIS 17778, 1992 WL 168230

grounded on a traffic misdemeanor. Under O.C.G.A. § 17-4-20(a) (Mi-chie 1990), Georgia law enforcement officers
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Dep't of Env't Reg. v. Goldring, 477 So. 2d 532 (Fla. 1985).

Cited 25 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 429

terrain. The intent of the vegetation indices in Section 17-4.02(17), F.A.C., is to guide in the establishment
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Robert H. Speer, Jr. v. Zell Miller, as Governor of Georgia, & Michael Bowers, as Attorney Gen. of Georgia, 15 F.3d 1007 (11th Cir. 1994).

Cited 20 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 4074, 1994 WL 41303

services. He had access to the records under O.C.G.A. § 17-4-27. 2 In 1991, the Georgia legislature
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Smith v. Singletary, 170 F.3d 1051 (11th Cir. 1999).

Cited 16 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 5046, 1999 WL 162461

E. Mallen & Jeffrey M. Smith, Legal Malpractice § 17.4, at 502 (4th ed.1996). 5 But, as an
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Maurice Walker v. City of Calhoun, GA, 901 F.3d 1245 (11th Cir. 2018).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit

judicial officer. See Ga. Code Ann. § 17-4-26 . Whether such lengths of delay are permissible
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Ralph Hill v. Georgia Power Co. United Bhd. of Carpenters & Joiners of Am., Local No. 144 Afl-Cio & Superior Elec. Co., Walter Wadley v. Georgia Power Co. Constr. Prod. & Maint. Workers, Local No. 1210, Afl-Cio & Superior Elec. Co., 786 F.2d 1071 (11th Cir. 1986).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 122 L.R.R.M. (BNA) 2779, 1986 U.S. App. LEXIS 23938

presence or within his immediate knowledge." Section 17-4-60 contains a similar provision for arrests
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Forbes v. Earle, 298 So. 2d 1 (Fla. 1974).

Cited 10 times | Published | Supreme Court of Florida

Const., Art. V, § 12. [3] Fla. Const., Art. III, § 17. [4] One writer believes some violations of the judicial
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Gar-Con Dev. v. DEPT. OF ENV. REG., 468 So. 2d 413 (Fla. 1st DCA 1985).

Cited 10 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1056

be, connected to any of the waters listed in Section 17-4.28(2) F.A.C. directly or via an excavated water
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Khianthalat v. State, 935 So. 2d 583 (Fla. 2d DCA 2006).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2191322

consent. 2 Wayne R. LaFave, Substantive Criminal Law § 17.4(c), at 648 (2d ed. 2003). William Blackstone discussed
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Brewster Phosphates v. STATE, DEPT. OF ENVTL. REG., 444 So. 2d 483 (Fla. 1st DCA 1984).

Cited 4 times | Published | Florida 1st District Court of Appeal

purposes is not subject to the requirements of Section 17-4.242. As can be seen from the language of the
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Doheny v. Grove Isle, LTD., 442 So. 2d 966 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

be clearly in the public interest pursuant to Section 17-4.242, F.A.C. No further evidence, upon resubmittal
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Harris v. Coweta Cnty., 433 F.3d 807 (11th Cir. 2005).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 28484, 2005 WL 3501588

violence against any person.”). See also Ga.Code Ann., § 17-4-20(b) (“Sheriffs and peace officers ... may use
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United States v. Bobby Joe Wilson, 853 F.2d 869 (11th Cir. 1988).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 11812, 1988 WL 83440

3 Wilson relies primarily on O.C.G.A. § 17-4-23(a): A law enforcement officer may arrest
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Peacher v. Cohn, 786 So. 2d 1282 (Fla. 5th DCA 2001).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 698003

Padovano, Judge Phillip J., Florida Civil Practice, § 17.4 (2000 ed.). In ordering this cause to be remanded
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Goldring v. State Dept. of Environ. Reg., 452 So. 2d 968 (Fla. 3d DCA 1984).

Cited 1 times | Published | Florida 3rd District Court of Appeal

state to their landward extent as defined by Section 17-4.02(17), F.A.C. require permit from the department
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Charles T. Johnson v. NPAS Solutions, LLC (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

case contribution awards.” Rubenstein, supra, § 17:4. 10 The fact that Rule 23 post-dates Greenough
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Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

governmental unit] and is made in good faith."15 Section 17.04(1), F.S., makes it the duty of the Department
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Fhr Tb, LLC v. Tb Isle Resort, Lp., 865 F. Supp. 2d 1172 (S.D. Fla. 2011).

Published | District Court, S.D. Florida | 2011 WL 4914715, 2011 U.S. Dist. LEXIS 155752

of first refusal to purchase the Resort. Id. at § 17.4(b). Fairmont says it considered this an important
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Drost v. State, Dep't of Env't Reg., 559 So. 2d 1154 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2577, 1989 Fla. App. LEXIS 6200, 1989 WL 133273

918(5)(b), Florida Statutes (1985), created by section 17-4.-040(9)(f), Florida Administrative Code.6 We
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Charter Schs. USA, Inc. v. John Doe No. 93, 152 So. 3d 657 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 18438, 2014 WL 5836146

Nancy Wear, Stays, in Florida Appellate Practice, § 17-4 (Fla. Bar CLE 9th ed. 2014) ("Rule 1.550 should
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

Robert A. Butterworth Attorney General (ls) 1 Section 17.04, F.S. See also, s. 4(d), Art. IV, State Const
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Smith v. Moore, 170 F.3d 1051 (11th Cir. 1999).

Published | Court of Appeals for the Eleventh Circuit

Mallen & Jeffrey M. Smith, Legal Malpractice § 17.4, at 502 (4th ed. 1996).5 But, as an Because
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Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit

local governmental actors alike. See Ga.Code Ann. § 17-4-20(d) (prohibiting either a “law enforcement agency
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Greater Birmingham Ministries v. Sec'y of State for the State of Alabama (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Nov 13, 2023

U.S.C. § 21083(a)(1)(A); see Ala. Code § 17-4-33 (implementing the Help America Vote
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Greater Birmingham Ministries v. Sec'y of State for the State of Alabama (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Nov 13, 2023

U.S.C. § 21083(a)(1)(A); see Ala. Code § 17-4-33 (implementing the Help America Vote
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Lexington Place Condo. Ass'n, Inc., a Florida Corp. Not for Profit Vs Michelle Flint & Kevin Flint (Fla. Dist. Ct. App. 2022).

Published | District Court of Appeal of Florida

RESTRICTIONS Notwithstanding the provisions of Section 17.4 of [the Declaration]. Tenant(s) or Occupant(s)
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PMI Mortg. Ins. v. Cavendar, 615 So. 2d 710 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8

generally 1 Kendall Coffey, Florida Foreclosures § 17.04 (1992).* In Bank of Florida v. Keenan, 519 So.2d
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In Re Star Broad., Inc., 336 B.R. 825 (Bankr. N.D. Fla. 2006).

Published | United States Bankruptcy Court, N.D. Florida | 19 Fla. L. Weekly Fed. B 133, 2006 Bankr. LEXIS 105, 2006 WL 156715

importance in Qantum's overall business plan. Section 17.4 of the WTKE purchase agreement which was referred
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Slaughter v. State ex rel. Harrell, 245 So. 2d 126 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6868

Consolidated Charter of City of Jacksonville, § 17.04. . Florida Common Law Practice, by Cran-dall
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Ziahonna Teagan v. The City of McDonough, Georgia (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

“within 72 hours” of her arrest. See Ga. Code Ann. § 17-4-26; Ga. Unif. Mun. Ct. R. 20.1 (Dec. 2011); Tidwell
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Thomas Bruce Henley v. Todd Payne (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

probable cause—to arrest Mr. Henley. See O.C.G.A. § 17-4-20(a); Collins v. Sadlo, 306 S.E.2d 390, 392 (Ga
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Victor Harris v. Coweta Cnty., Georgia, 489 F.3d 1207 (11th Cir. 2005).

Published | Court of Appeals for the Eleventh Circuit

violence against any person."). See also Ga.Code Ann., § 17-4-20(b) ("Sheriffs and peace officers ... may use
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Jenna Dickenson v. NPAS Solutions, LLC (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

been levied against incentive awards. See Newberg § 17:4 (“[Rule 23(e)] most obviously protects absent class
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

the appropriate processing fee as listed in section 17-4.050 [now section 62-4.050], F.A.C."2 In addition
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Anthony Wayne Hardigree v. Marc Lofton (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

2d 390, 391– 92 (Ga. Ct. App. 1983); O.C.G.A. § 17-4-20(a)(2)(A). Because the alleged events happened
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Harris v. Coweta Cnty., 406 F.3d 1307 (11th Cir. 2005).

Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 6721, 2005 WL 901889

violence against any person.”). See also Ga.Code Ann., § 17-4-20(b) (“Sheriffs and peace officers ... may use
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Victor Harris v. Coweta Cnty., Georgia, 489 F.3d 1207 (11th Cir. 2005).

Published | Court of Appeals for the Eleventh Circuit

violence against any person."). See also Ga.Code Ann., § 17-4-20(b) ("Sheriffs and peace officers ... may use
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Hill v. Georgia Power Co., 786 F.2d 1071 (11th Cir. 1986).

Published | Court of Appeals for the Eleventh Circuit | 122 L.R.R.M. (BNA) 2779

C.G.A. §§ 17-4-20 and 17-4-60.11 *1079Notably, § 17-4-20(a) authorizes a law enforcement officer to make

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