Florida Statute 129.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 129
COUNTY ANNUAL BUDGET

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129.09 County auditor not to sign illegal warrants.—Any clerk of the circuit court, acting as county auditor, who shall sign any warrant for the payment of any claim or bill or indebtedness against any county funds in excess of the expenditure allowed by law, or county ordinance, or to pay any illegal charge against the county, or to pay any claim against the county not authorized by law, or county ordinance, shall be personally liable for such amount, and if he or she shall sign such warrant willfully and knowingly he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 2, ch. 6814, 1915; RGS 5333; CGL 7466; s. 5, ch. 71-14; s. 78, ch. 71-136; s. 2, ch. 71-305; s. 829, ch. 95-147.

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Amendments to 129.09

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 129.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

S129.09 - EMBEZZLE - WILLFULLY SIGN ILLEGAL PAYMENT WARRANTS - M: S

Cases Citing Statute 129.09

Total Results: 8 | Sort by: Relevance | Newest First

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Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977).

Cited 47 times | Published | Supreme Court of Florida

...verned by a county charter. Under these constitutional provisions the clerk is the ex officio clerk of the board of county commissioners, the auditor, recorder and custodian of all county funds. We first consider the clerk's auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk "acting as county auditor," from signing illegal warrants and provides both personal and criminal liability for violation of this provision....

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Mayes Printing Co. v. Flowers, 154 So. 2d 859 (Fla. Dist. Ct. App. 1963).

Cited 17 times | Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3345

..."Implicit in the word `auditor' itself is that some responsibility shall attach to inquire into the legality of the claim. Be that as it may, to follow the argument of the plaintiff would be to completely disregard the provisions of Section 129.08 and Section 129.09, Florida Statutes [F.S.A.]....

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Jolley v. Powell, 299 So. 2d 647 (Fla. 2d DCA 1974).

Cited 8 times | Published | Florida 2nd District Court of Appeal

49 A.L.R.3d 189; Prosser, Law of Torts, 3d ed. § 129. [9] See, also, Parke v. Dennard (1928) 218 Ala.

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Brock v. Bd. of Cnty. Commissioners, 21 So. 3d 844 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 WL 3012705

accounts shall be “attested by the clerk.” Section 129.09, Florida Statutes (2007), imposes both personal

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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

deduction. As you point out in your letter, section 129.09, Florida Statutes, imposes personal liability

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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

recorder and custodian of all county funds."1 Section 129.09, Florida Statutes, also makes the clerk personally

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W & F Ltd.v. Dunkle, 444 So. 2d 554 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11481

consider the clerk’s auditing responsibility. Section 129.09, Florida Statutes (1975), forbids the clerk

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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

Robert A. Butterworth Attorney General RAB/tgk 1 Section 129.09, Fla. Stat., imposes personal liability upon

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.