CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 93519
...ceed 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 under this contract is contingent upon an annual appropriation by the legislature," pursuant to section 255.2502, Florida Statutes (1988 Supp.)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 8851, 2016 WL 3191129
...In 2007, the Department agreed to lease office space from the Bensons in Palm
Bay, Florida, for a term extending through 2015. State law requires that long-term
state leases condition an agency’s performance on annual legislative funding.
§ 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] contract . . . contingent upon an annual appropriation by the Legislature. F.S.
255.2502.” The parties’ landlord-tenant relationship proceeded relatively smoothly
until fiscal year 2011-2012, when the Legislature cut the Department’s funding for
leases by more than $1 million, and included a proviso prohibiting the D...
CopyPublished | Florida 1st District Court of Appeal
...Attached to the Amended Complaint was DMS’s Lease
Agreement with Appellant’s predecessor-in-interest, which had an
availability of funds provision stating, “The State of Florida’s
performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. F.S.
255.2502.” 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 ....
...concluded that the appellee did not breach a lease for office space
5
owned by the appellants. Id. at 1049. In 2007, the appellee agreed
to lease office space from the appellants for a term extending
through 2015. Id. In accordance with section 255.2502, the lease
included a provision making the appellee’s “performance and
obligation to pay under [the] contract ......
