Florida Statute 216.311 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 216
PLANNING AND BUDGETING

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216.311 Unauthorized contracts in excess of appropriations; penalty.—

(1) No agency or branch of state government shall contract to spend, or enter into any agreement to spend, any moneys in excess of the amount appropriated to such agency or branch unless specifically authorized by law, and any contract or agreement in violation of this chapter shall be null and void.

(2) Any person who willfully contracts to spend, or enters into an agreement to spend, any money in excess of the amount appropriated to the agency or branch for whom the contract or agreement is executed is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 15, 31, 35, ch. 69-106; s. 19, ch. 71-354; s. 66, ch. 73-333; s. 20, ch. 77-352; s. 100, ch. 79-190; s. 106, ch. 79-222; s. 26, ch. 91-224; s. 74, ch. 92-142.

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Amendments to 216.311

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 216.311

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

S216.311 - EMBEZZLE - CONTRACT IN EXCESS OF APPROPRIATION - M: F

Cases Citing Statute 216.311

Total Results: 12 | Sort by: Relevance | Newest First

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State, Dept. of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991).

Cited 22 times | Published | Florida 1st District Court of Appeal

...ial therapeutic placements for the children. However, the Department explained to Judge Brooke at each respective hearing that due to limitations in the amount of the legislature's appropriations for such placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from agreeing to and making the recommended placements....

...The judge ordered Secretary Coler to appear despite a letter submitted to him from Lee Johnson, acting district administrator for the Department, informing him that the budget allocated for the fiscal year 1990-1991 was lower than that which was actually needed, and pointing out that the Department was prohibited by section 216.311 from expending or committing funds in excess of the approved budget allocation....

...partment's administration of mental health programs for psychotic and emotionally disturbed children is expressly conditioned upon the availability of appropriated funds. See sections 409.165(1), 394.4781(2), and 394.4781(3)(b), Fla. Stat. Moreover, section 216.311 makes it unlawful for any agency within the state government to contract to spend money in excess of appropriations therefore....

...reby dismissed in Case No. 90-2475. The orders under review in the remaining consolidated appeals are hereby REVERSED. ERVIN and MINER, JJ., concur. NOTES [1] The proceedings below were also stayed pending resolution of the issues raised herein. [2] Section 216.311(1) provides: No agency of the state government shall contract to spend, or enter into any agreement to spend, any moneys in excess of the amount appropriated to such agency unless specifically authorized by law, and any contract or agreement in violation of this chapter shall be null and void....

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Spalding v. Dugger, 526 So. 2d 71 (Fla. 1988).

Cited 12 times | Published | Supreme Court of Florida | 1988 WL 59154

...ed to address mental health issues, "have been completely exhausted." She determined that CCR cannot expend funds for investigation, travel, experts, or other services directly related to the nine cases under active death warrants, without violating section 216.311, Florida Statutes (1987), and subjecting the capital collateral representative to the penalties provided in section 775.082, 775.083, or 775.084, Florida Statutes (1987)....

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Cartee v. Fla. Dept. of H. & R. Serv., 354 So. 2d 81 (Fla. 1st DCA 1977).

Cited 8 times | Published | Florida 1st District Court of Appeal

...The final judgment is AFFIRMED in part, REVERSED in part and REMANDED for further proceedings not inconsistent with this opinion. BOYER, Acting C.J., and MILLS, J., concur. ON PETITION FOR REHEARING ERVIN, Judge. Appellees in their petition for rehearing rely upon Section 216.311, Florida Statutes (1975), prohibiting any agency of the state from entering into an agreement to spend any monies in excess of the amount appropriated to the agency unless specifically authorized by law, and providing that any agreement in violation of the Section is void....

...174, 39 L.Ed. 234 (1894); Leiter v. United States, 271 U.S. 204, 46 S.Ct. 477, 70 L.Ed. 906 (1926) and Goodyear Tire and Rubber Co. v. United States, 276 U.S. 287, 48 S.Ct. 306, 72 L.Ed. 575 (1928), which construed a statute of Congress similar to Section 216.311, and held any purported lease without an appropriation was void and no action could be maintained thereon....

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Ellingham v. Florida Dep't of Child. & Fam. Servs., 896 So. 2d 926 (Fla. 1st DCA 2005).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 2672, 2005 WL 491188

by law. See Art. VII, Sec. 1(c), Fla. Const.; § 216.311(1), Fla.Stat. (2002). Developmentally disabled

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Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6481129, 2013 Fla. App. LEXIS 19661

violation of this chapter shall be null and void. § 216.311(1), Fla. Stat. (2002). DOT currently has specific

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Florida Dep't of Health & Rehabilitative Servs. v. S. Energy, Ltd., 493 So. 2d 1082 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1919, 1986 Fla. App. LEXIS 9643

by law. As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency

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State Dep't of Educ. v. Howard, 279 So. 2d 15 (Fla. 1973).

Published | Supreme Court of Florida | 1973 Fla. LEXIS 5093

unconstitutional F.S. Section 216.311, F. S.A., as applied to this case. Section 216.311 prohibits a state

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Physicians Health Care Plans, Inc. v. Cook, 714 So. 2d 566 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7569, 1998 WL 337267

by law. As a corollary to that provision, section 216.311, Florida Statutes, provides that no agency

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State, Dep't of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 45

placements, the Department was prohibited by section 216.311, Florida Statutes (1989), and other law, from

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Dep't of Health & Rehabilitative Servs. v. State, 593 So. 2d 328 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1484, 1992 WL 28909

dissents without opinion. . In addition, section 216.311, Florida Statutes (1991) forbids any state

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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

contained in the General Appropriations Act.) Section 216.311, F. S., prohibits the officer from spending

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Cartee v. Florida Dep't of Health & Rehabilitative Servs., 354 So. 2d 81 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17284

in their petition for rehearing rely upon Section 216.311, Florida Statutes (1975), prohibiting any agency

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