CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 1997 WL 739532
...l party in interest as to the reimbursement claims against the State, and that the State has no liability for the reimbursement since the reimbursement comes from the Fund. In response, the State claims that its right to setoff stems from Fla. Stat. § 17.0415, which provides that the state comptroller is authorized to settle accounts of the various state departments and agencies, and that one authorized mechanism for settling the accounts is to set off amounts owed by any agency of the state to...
...rtment of Banking and Finance. Fla. Stat. §
215.32. Moneys in such funds are disbursed by state warrant, drawn by the Comptroller upon the State Treasury. Fla. Stat. § 216.331. The State asserts that the source of its right to setoff is Fla. Stat. §
17.0415. That section is contained in the chapter of the Florida Statutes regarding the powers and duties of the state's Comptroller, and provides:
17.0415....
...The Court concludes, however, that the program does not preclude a right of setoff in those situations in which a person or entity that owes money to the Fund also holds a claim against the Fund, provided the elements of setoff are otherwise present. Florida Statute § 17.0415, as cited by the State, provides that "(t)he assigned claim may be enforced as a setoff to any claim against the state ....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 19840, 2010 WL 5348719
...statute, or a showing that an assignment would clearly offend an identifiable public policy.”); see also Art. VIII, § 2(b), Fla. Const. (“Municipalities ... may exercise any power for municipal purposes except as otherwise provided by law.”); § 17.0415, Fla....
