IN RE ADVISORY OPINION TO THE GOVERNOR
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This advisory opinion from the Florida Supreme Court clarifies that appropriations made for a specific fiscal year cannot be used to cover expenses incurred in a different fiscal year. The court addressed a request from the Governor regarding the countersigning of a warrant.
No, the Governor is not authorized to countersign such a warrant. Appropriations made for a specific year are intended for expenses incurred within that year and cannot be used for expenses from a different year.
“The sum of Fifty Thousand Dollars is hereby appropriated for the year ending December 31, 1919; One Hundred Thousand Dollars for the year ending December 31, 1920, and Fifty Thousand Dollars for the period ending June 30, 1921; and thereafter the Board of Managers shall submit to each Legislature their budget for maintenance and improvements as a basis for further appropriations.”
This quote establishes the specific appropriations made for different fiscal periods.
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Join FLexlaw to unlock all legal intelligenceThe Governor of Florida requested an advisory opinion on whether he could countersign a warrant drawn by the Comptroller on the State Treasurer. The w…
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Tallahassee, Fla., February 13th, 1920. Hon. Sidney J. Oatts, Governor of Florida, Tallahassee, Fla. Dear Sir: Your letter of 3rd instant in which you request an opinion as to whether under Section 24, Article IY of the Constitution you are authorized to countersign a warrant drawn by the Comptroller on the State Treasurer for expenditures incurred in the year 1920, under the provisions of Chapter 7887, Laws of. Florida, Acts of 1919, to be paid out of the appropriation made by said Chapter for the year ending December 31, 1919, has been considered.
Section 12 of Chapter 7887, Laws of Florida, provides that'“The sum of Fifty Thousand Dollars is hereby appropriated for the year ending December 31, 1919; One Hundred Thousand Dollars for the year ending December 31, 1920, and Fifty Thousand Dollars for the period ending June 30, 1921; and thereafter the Board of Managers shall submit to each Legislature their budget for maintenance and improvements as a basis for further appropriations.” This section clearly contemplates that the appropriation therein made “for the year ending December 31, 1920,” shall be used only for those expenses that were properly incurred as authorized during the year 1920; consequently expenses incurred during the year 1920 cannot be lawfully paid from the appropriation made “for the year ending December 31, 1919.” Very respectfully, Jeff’n B. Browne, Chief Justice.
R. F. Taylor, J.
B. Whitfield, Justices.
Cases With Similar Vibessemantic neighbors from the corpus
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In re Advisory Opinion to the Governor, 103 Fla. 668 (Fla. 1931)…er upon the State Treasurer, where no appropriation or authority has been made by law for drawing the warrant as In Re Advisory Opinion, 43 Fla. 305, 31 South. Rep. 348, or where there is a definite appropriation as in Advisory Opinion to Governor, 79 Fla. 137, 83 South. Rep. 672; Advisory Opinion to Governor, 90 Fla. 708, 107 South. Rep. 366; Advisory Opinion to Governor, 98 Fla. 843, 124 South. Rep. 728; but the enquiry is whether the Governor is authorized to countersign warrants drawn on the State…
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In re Advisory Opinion to the Governor, 90 Fla. 708 (Fla. 1925)…are advised that while under Section 4, Article IX of the Constitution, “no money shall be drawn from the treasury except in pursuance of appropriations made by law” (In re Advisory Opinion, 43 Fla. 305, 31 South. Rep. 348; in re Advisory Opinion, 79 Fla. 137, 83 South. Rep. 672), yet appropriations of amounts not .within the limitations contained in the Constitution, can not lawfully be disbursed (State ex rel. Russell v. Barnes, 25 Fla. 75, 5 South. Rep. 698; State ex rel. Russell v. Barnes, 25 F…