STATE OF FLORIDA, EX REL., J. TOM WATSON, ATTORNEY GENERAL,
v.
MILLARD F. CALDWELL, GOVERNOR, ET AL.
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This Florida Supreme Court opinion clarifies a prior ruling regarding the disbursement of state funds appropriated to a commission. The court emphasizes that constitutional provisions for drawing funds from the state treasury supersede any ambiguity in legislative acts.
Moneys appropriated to the Commission from the State Treasury must be drawn in the manner provided by law, which, according to the Constitution, requires a warrant or order from the Comptroller, countersigned by the Governor.
“Moneys appropriated to the commission from the State Treasury should be drawn in the manner provided by law ...”
This quote is from the court's prior opinion, which is being clarified.
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Join FLexlaw to unlock all legal intelligenceThe Comptroller sought clarification on his duties concerning Sections 4 and 6 of Chapter 22821, Acts of 1945, following a prior opinion by the court.…
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ON PETITION FOR CLARIFICATION OF OPINION
In 23 So. (2nd) 855
On petition to clarify the opinion filed herein November 30, 1945, it is pointed out that the Comptroller is in. doubt as *71to his duties under Sections four and six of Chapter 22821, Acts of 1945. In our opinion we held that:
“Section four of Chapter 22821 designates the State Treasurer as ‘ex officio treasurer of the Commission’ and ‘custodian of all moneys, securities and bonds belonging to the Commission.’ Moneys appropriated to the commission from the State Treasury should be drawn in the manner provided by law ...”
In holding that moneys appropriated to the Commission from the State Treasury should be drawn in the manner provided by law the Court had no thought except that such funds should be drawn upon warrant or order of the-Comptroller, countersigned by the Governor, as provided by Section 24, Article four of the Constitution. We are aware of no other means to withdraw money from the State Treasury. It is quite true that Sections four and six of the Act in question ■may be somewhat ambiguous on this point, but the mandate of the Constitution is clear and no Act of the Legislature can displace that. So funds for the expense of the Commission from the Fifty Thousand Dollars appropriated for that purpose are to be drawn and disbursed in the same manner that other funds are drawn from the State Treasury, as directed by the Constitution.
It is so ordered.
CHAPMAN, C. J., BUFORD and ADAMS, JJ., concur.
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State v. State, 326 So. 2d 187 (Fla. 1st DCA 1976)…onstitutional on those grounds. Canney v. Board of Public Instruction of Alachua County, 278 So. 2d 260 (Fla.1973); Otto v. Harllee, 119 Fla. 266, 161 So. 402 (1935); State ex rel. Watson v. Caldwell, 156 Fla. 618, 23 So. 2d 855 (1945), 157 Fla. 70, 24 So. 2d 797 (1946); Art. II, Sec. 3, Fla.Const.; § 20.-02(1), F.S.1973. The request for admissions and interrogatories propounded by respondent Harvey fall into three general categories: those which are calculated to establish or discover facts pertaining to t…
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Authorities Cited
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