The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 129
COUNTY ANNUAL BUDGET

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F.S. 129.01

129.01 Budget system established.—A budget system for the control of the finances of the boards of county commissioners of the several counties of the state is established as follows:

(1) A budget shall be prepared, approved, adopted, and executed as prescribed in this chapter for each fiscal year. At a minimum, the budget must show for each fund, as required by law and sound financial practices, budgeted revenues and expenditures by organizational unit which are at least at the level of detail required for the annual financial report under s. 218.32(1).

(2) The budget must conform to the following general directions and requirements:

(a) The budget must be prepared, summarized, and approved by the board of county commissioners of each county.

(b) The budget may not provide funding to any office, special district, or governmental unit exercising any power or authority allocated exclusively to a sheriff, tax collector, property appraiser, supervisor of elections, or clerk of the court by the State Constitution or general law.

(c) The budget must be balanced, so that the total of the estimated receipts available from taxation and other sources, including balances brought forward from prior fiscal years, equals the total of appropriations for expenditures and reserves. The budgeted receipts must include 95 percent of all receipts reasonably anticipated from all sources, including taxes to be levied, provided the percent anticipated from ad valorem levies is as specified in s. 200.065(2)(a), and is 100 percent of the amount of the balances estimated to be brought forward at the beginning of the fiscal year. The appropriations must include itemized appropriations for all expenditures authorized by law, contemplated to be made, or incurred for the benefit of the county during the year and the provision for reserves authorized by this chapter. Both the receipts and appropriations must reflect the approximate division of expenditures between countywide expenditures and noncountywide expenditures and the division of county revenues derived from or on behalf of the county as a whole and county revenues derived from or on behalf of a municipal service taxing unit, special district included within the county budget, unincorporated area, service area, or program area, or otherwise not received for or on behalf of the county as a whole.

(d) Provision may be made for the following reserves:

1. A reserve for contingencies may be provided which does not exceed 10 percent of the total appropriations.

2. A reserve for cash balance to be carried over may be provided for the purpose of paying expenses from October 1 of the next fiscal year until the revenues for that year are expected to be available. This reserve may not be more than 20 percent of the total appropriations. However, for the bond interest and sinking fund budget, this reserve may not exceed the total maturities of debt, both principal and interest, which will occur during the next fiscal year, plus the sinking fund requirements, computed on a straight-line basis, for any outstanding obligations to be paid from the fund.

(e) An appropriation for outstanding indebtedness shall be made to provide for the payment of vouchers that have been incurred in and charged against the budget for the current year or a prior year, but that are expected to be unpaid at the beginning of the next fiscal year. The appropriation for the payment of such vouchers shall be to the same fund in which the expenses were originally incurred.

(f) Any surplus arising from an excess of the estimated cash balance over the estimated amount of unpaid obligations to be carried over in a fund at the end of the current fiscal year may be transferred to any of the other funds of the county, and the amount so transferred shall be budgeted as a receipt to such other funds. However, a surplus:

1. In a fund raised for debt service may not be transferred to another fund until the debt for which the fund was established has been extinguished.

2. In a capital outlay reserve fund may not be transferred to another fund until the projects for which the capital outlay reserve fund was raised have been completed and all obligations paid.

History.—s. 1, ch. 6814, 1915; RGS 1524; CGL 2302; s. 1, ch. 26874, 1951; ss. 12, 35, ch. 69-106; s. 5, ch. 73-349; s. 1, ch. 77-165; s. 1, ch. 78-132; s. 1, ch. 78-157; s. 28, ch. 80-274; s. 3, ch. 96-324; s. 4, ch. 2011-144; s. 2, ch. 2023-306.

F.S. 129.01 on Google Scholar

F.S. 129.01 on Casetext

Amendments to 129.01

Arrestable Offenses / Crimes under Fla. Stat. 129.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 129.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE EPIPEN EPINEPHRINE INJECTION, USP MARKETING, SALES PRACTICES AND ANTITRUST LITIGATION, 336 F. Supp. 3d 1256 (D. Kan. 2018)

. . . Nov. 5, 2010) ) (citing Pattern Instructions Kansas, Civil 4th § 129.01-A); Kentucky (Telcom Directories . . .

BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY FLORIDA, a v. PARRISH,, 154 So. 3d 412 (Fla. Dist. Ct. App. 2014)

. . . .” § 129.01(2)(a)-(b), Fla. Stat. (2013). . . .

In STULL,, 489 B.R. 217 (Bankr. D. Kan. 2013)

. . . His monthly disposable income as calculated on Form B22C, Line 59 is $129.01. . . .

In A. KINDERKNECHT, S. v. LLC, 470 B.R. 149 (Bankr. D. Kan. 2012)

. . . See also, Kansas PIK Civil 4th 129.01-A, 129.02, 129.03, 129.04, and 103.04 (August 2011). . . . .

I. LEVY, P. III, L. E. v. MIAMI- DADE COUNTY, a, 254 F. Supp. 2d 1269 (S.D. Fla. 2003)

. . . Stat. § 129.01. FINDINGS OF FACT 1. . . . Stat. § 129.01 Finally, Plaintiffs contend Defendant is in violation of Fla. Stat. § 129.01. . . . Stat. § 129.01. . . . Stat. § 129.01 (emphasis added). . . . Stat. § 129.01. See Order at 27 n. 26. . . .

CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS, a v. F. TAYLOR,, 650 So. 2d 146 (Fla. Dist. Ct. App. 1995)

. . . millage rates is provided in sections 200.001(1) and 200.065, Florida Statutes (1991), and (b) section 129.01 . . . The budget controls the levy of taxes and the expenditure of money for all county purposes. § 129.01, . . .

BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, v. P. McKEEVER,, 436 So. 2d 299 (Fla. Dist. Ct. App. 1983)

. . . .” § 129.01(1), Fla.Stat. . . . scheme contemplates the annual preparation and adoption of a budget and the fixing of millage rates. § 129.01 . . .

BI- PARTISAN COALITION FOR A STABLE GOVERNMENT v. GRAHAM WATT,, 1 Fla. Supp. 2d 146 (Broward Cty. Cir. Ct. 1982)

. . . See Sections 129.01(2)(b) and 129.03, Florida Statutes (1981). . . .

SHAYER, v. C. KIRKPATRICK, St. C. Jr. St. M. O H. OVERSCHMIDT, v. C. KIRKPATRICK, MISSOURI STATE CONFERENCE OF BRANCHES OF NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, INC. St. NAACP, St. NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, St. NAACP, v. BOND, C. MISSOURI STATE CONFERENCE OF BRANCHES OF NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, INC. NAACP, St. NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, NAACP, Dr. Mr. L. v. BOND, C., 541 F. Supp. 922 (W.D. Mo. 1982)

. . . 127.01 7,344 Census Tract 127.02 636 Census Tract 128.01 8,713 Census Tract 128.02 3,371 Census Tract 129.01 . . .

BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, v. L. WILSON,, 386 So. 2d 556 (Fla. 1980)

. . . . §§ 129.01(1), 195.207, 200.011(1), 200.011(2), 200.191(l)(a) and (c), Fla.Stat. (1979); ch. 80-274 . . .

ALACHUA COUNTY, a v. A. POWERS,, 351 So. 2d 32 (Fla. 1977)

. . . Section 129.01(2)(a), Florida Statutes (1975), requires the budget to be “prepared, summarized, and approved . . .

J. ALSDORF v. BROWARD COUNTY, a, 333 So. 2d 457 (Fla. 1976)

. . . court should be compelled to pass on appellee’s city-county allocation of budgeted funds under Section 129.01 . . .

CITY OF ORLANDO, v. COUNTY OF ORANGE, a, 264 So. 2d 844 (Fla. Dist. Ct. App. 1972)

. . . See Section 129.01(2) (e), F.S.1969, F.S.A., for statutory authority for such a transfer. . . .

CITY OF WALDO, a v. ALACHUA COUNTY, a, 249 So. 2d 419 (Fla. 1971)

. . . following questions to the District Court: “First “In preparing the annual budget required by Sec. 129.01 . . . relieved of the obligation of having and funding a road and bridge fund required by Florida Statutes § 129.01 . . . Fla.Stat. § 129.01(1) (b), F.S.A.: “(1) There shall be prepared, approved, adopted, and executed, as . . . Section 129.01 thereof specially requires that the budget contain a “road and bridge fund” * * * “which . . .

CITY OF WALDO, a v. ALACHUA COUNTY, a, 239 So. 2d 63 (Fla. Dist. Ct. App. 1970)

. . . pertinent parts of Florida Statutes of 1969 which are involved in this suit are as follows: “Section 129.01 . . . , the following questions evolve: QUESTIONS “FIRST “In preparing the annual budget required by Sec. 129.01 . . . Section 129.01, F.S.A., a board of county commissioners is obligated to provide and fund a “Road and . . .

CONSOLIDATED NAVAL STORES COMPANY, a v. ROY B. HENDRY,, 158 Fla. 865 (Fla. 1947)

. . . expected from the first of October to the 30th of September of the following year,” as required by Section 129.01 . . . The answer to this question turns on the interpretation of Sections 129.01 and 237.09, Florida Statutes . . .