Agenda 04/26/2016 Item #10D 4/26/2016 10.D.
EXECUTIVE SUMMARY
Recommendation that Board of County Commissioners (Board) follow the procedures
detailed in § 136.06(1), Florida Statutes,pertaining to the execution of checks and warrants
for the County.
OBJECTIVE: That the Board follow Florida Statutes, specifically § 136.06(1).
CONSIDERATIONS: Currently § 136.06(1), Florida Statutes, is not being
followed by the Clerk of the Board: the Clerk of the Board uses a stamp to affix
the chair's signature and also performs the attestation. These tasks should be
segregated. The relevant statute provides the following:
§136.06 (1) All money drawn from any depository qualified under the
provisions of this chapter shall be upon a check or warrant issued by
the board or officer drawing the same, said check or warrant, both as
to number and amount, person to whom drawn and purpose for which
drawn shall be recorded in the minutes of the board having ordered the
same drawn, and each check or warrant so drawn shall be signed by the
chair of said board, attested by the clerk or secretary of said board
with the corporate seal thereof affixed; however, money under the
control of any school board may be withdrawn as may be otherwise
provided by law. (emphasis added)
The Clerk of the Board should surrender the signature stamp to the County
Attorney and the Board appoint a secretary who shall attest to the Chair's
signature.
FISCAL IMPACT: There is no fiscal impact associated with this executive
summary.
LEGAL CONSIDERATIONS:
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
RECOMMENDATION: That Board follow the procedures detailed in § 136.06(1), Florida
Statutes,pertaining to the execution of checks and warrants for the County.
Prepared by: Georgia Hiller,Esq.,District 2 Commissioner
Attachment: § 136.06,Florida Statutes (2015)
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4/26/2016 10.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.D.
Item Summary: Recommendation that Board of County Commissioners (Board) follow the
procedures detailed in § 136.06(1), Florida Statutes, pertaining to the execution of checks and
warrants for the County. (Commissioner Hiller)
Meeting Date: 4/26/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
4/20/2016 4:30:35 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
4/20/2016 4:30:36 PM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/20/2016 4:47:23 PM
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4/26/2016 10.D.
online
Sunshine
The 2015 Florida Statutes
136.06 Withdrawal of funds from depositories; direct deposit; transfer of funds.—
(1) All money drawn from any depository qualified under the provisions of this chapter shall be
upon a check or warrant issued by the board or officer drawing the same, said check or warrant,
both as to number and amount, person to whom drawn and purpose for which drawn shall be
recorded in the minutes of the board having ordered the same drawn, and each check or warrant
so drawn shall be signed by the chair of said board, attested by the clerk or secretary of said board
with the corporate seal thereof affixed; however, money under the control of any school board may
be withdrawn as may be otherwise provided by law.
(2) For the purpose of providing for the direct deposit of funds under the circumstances herein
specified, each board or county officer authorized by law to issue checks or warrants for the
withdrawal of money from a depository qualified under the provisions of this chapter is authorized
to establish the form or forms of warrants for the withdrawal, payment, or disbursement of money
out of such qualified depository and to change the form thereof from time to time as such board
or officer deems appropriate. If authorized in writing by the payee, such warrants may provide for
direct deposit of the funds to the account of the payee in any financial institution which is
designated in writing by the payee and which has lawful authority to accept such deposits. The
written authorization of the payee shall be filed with the appropriate board or county officer. Direct
deposit of funds may be by any electronic or other medium approved by such board or officer for
such purpose.
(3) Notwithstanding any other provision of law, each board or county officer who has the
authority to deposit or withdraw funds is authorized to transfer funds from one depository to
another or within a depository or to another institution, and may transfer funds wherein the
transfer does not represent an expenditure, advance, or reduction of cash assets. Such transfer may
be made by electronic, telephonic, or other medium; and each transfer shall be confirmed in writing
and signed by the designee of the board or officer.
History.—s. 7, ch. 6932, 1915; RGS 1564; CGL 2409; s.4, ch. 59-23; s. 1, ch. 69-300; s. 6, ch. 78-406; s. 1, ch.
82-104; s. 835, ch. 95-147.
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