“A big law company is being sued by a client for not doing a good job. The client thinks the law company overcharged them and didn’t give good advice. The law company is denying the claims and saying they did everything right.” The Florida Constitution sets up a system to make sure public money in counties is spent properly. The county commissioners decide how to spend the money, but the clerk of the court has to approve the payments. There’s been a long-standing disagreement between the commissioners and the clerks about who has control over county funds. This disagreement was part of a case called Brock v. Board of County Commissioners of Collier County. In that case, the clerk wanted to examine and keep track of all the county’s money, but the commissioners didn’t agree. The court ruled in favor of the clerk, saying that they have the power to inspect and keep track of all county funds. This decision was based on the Florida Constitution and laws that give the clerk the authority to do this job. The clerk of the board has a lot of responsibilities when it comes to money. They are in charge of keeping track of the board’s finances and making sure all the money is spent legally. The board also has the power to look into the county’s financial records and hire an outside accounting firm to audit the county’s funds. It’s a serious job, and the clerk can get in trouble if they don’t follow the rules. The Florida Attorney General says the county auditor duty of the clerk is not just about adding up how much money should be paid, but also making sure the spending is legal. The clerk can refuse to approve a payment if they think it’s illegal. The Florida Supreme Court also said the clerk is responsible for keeping track of county money and making sure it’s spent legally. They have to review spending before and after it’s made to make sure it’s all legal. But, the courts are still figuring out exactly what the clerk’s role should be in auditing county funds. In some cases, the Florida Supreme Court will first agree to review a decision from a lower court, but then later change their mind and dismiss the review. This means that the decision of the lower court stands. In one case, the Supreme Court accepted a case but later decided not to hear it after further consideration. This means that a previous ruling from a lower court stays the same. It might be necessary to take another look at how the Supreme Court discussed certain terms in their decision. The court has decided that the clerk is responsible for checking if the board’s expenses are legal and serve a public purpose before they are approved. The clerk can also review expenses after they are approved to make sure the money was spent properly. This is important to make sure that the county’s money is being used correctly. In the case of Brock v. Board of County Commissioners, the court decided that the clerk of the county is not required to conduct a postpayment audit on all county expenditures, but they can choose to do so if they want. If the board is concerned about a transaction, they have the authority to require a performance or financial audit. The clerk may perform a postpayment internal audit to check on a public expenditure that has already happened, but this is different from the prepayment audit. This ruling adds an extra layer of protection for public funds. These are references to specific laws and court cases in Florida. They are often cited to support legal arguments and decisions. It’s important to consider past court decisions and legal interpretations when dealing with similar issues. The numbers like “Fla. Stat. §125.01(1)(x)” refer to specific sections of Florida’s laws. And “State v. Wheat, 137 So. 277, 283 (Fla. 1931)” refers to a court case. Patrick T. Kinni works as a deputy county attorney for the Leon County Attorney’s Office. He has been there since 1996 and has experience in litigating issues for local governments.
Source: https://www.floridabar.org/the-florida-bar-journal/brock-v-board-of-county-comrs-of-collier-county-a-case-for-reconciliation/
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