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Florida Statute 17.61 | Lawyer Caselaw & Research
F.S. 17.61 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IV
EXECUTIVE BRANCH
Chapter 17
CHIEF FINANCIAL OFFICER
View Entire Chapter
F.S. 17.61
17.61 Chief Financial Officer; powers and duties in the investment of certain funds.
(1) The Chief Financial Officer shall invest all general revenue funds and all the trust funds and all agency funds of each state agency, and of the judicial branch, as defined in s. 216.011, and may, upon request, invest funds of any board, association, or entity created by the State Constitution or by law, except for the funds required to be invested pursuant to ss. 215.44-215.53, by the procedure and in the authorized securities prescribed in s. 17.57; for this purpose, the Chief Financial Officer may open and maintain one or more demand and safekeeping accounts in any bank or savings association for the investment and reinvestment and the purchase, sale, and exchange of funds and securities in the accounts. Funds in such accounts used solely for investments and reinvestments shall be considered investment funds and not funds on deposit, and such funds shall be exempt from the provisions of chapter 280. In addition, the securities or investments purchased or held under the provisions of this section and s. 17.57 may be loaned to securities dealers and banks and may be registered by the Chief Financial Officer in the name of a third-party nominee in order to facilitate such loans, provided the loan is collateralized by cash or United States government securities having a market value of at least 100 percent of the market value of the securities loaned. The Chief Financial Officer shall keep a separate account, designated by name and number, of each fund. Individual transactions and totals of all investments, or the share belonging to each fund, shall be recorded in the accounts.
(2) By and with the consent and approval of any constitutional board, the judicial branch, or agency now having the constitutional power to make investments and in accordance with this section, the Chief Financial Officer may make purchases, sales, exchanges, investments, and reinvestments for and on behalf of any such board.
(3)(a) Except as otherwise provided in this subsection, it is the duty of each state agency, and of the judicial branch, now or hereafter charged with the administration of the funds referred to in subsection (1) to make such moneys available for investment as fully as is consistent with the cash requirements of the particular fund and to authorize investment of such moneys by the Chief Financial Officer.
(b) Monthly, and more often as circumstances require, such agency or judicial branch shall notify the Chief Financial Officer of the amount available for investment; and the moneys shall be invested by the Chief Financial Officer. Such notification shall include the name and number of the fund for which the investments are to be made and the life of the investment if the principal sum is to be required for meeting obligations. This subsection, however, shall not be construed to make available for investment any funds other than those referred to in subsection (1).
(c) Except as provided in this paragraph and except for moneys described in paragraph (d), the following agencies may not invest trust fund moneys as provided in this section, but shall retain such moneys in their respective trust funds for investment, with interest appropriated to the General Revenue Fund, pursuant to s. 17.57:
1. The Agency for Health Care Administration, except for the Tobacco Settlement Trust Fund.
2. The Agency for Persons with Disabilities, except for:
a. The Federal Grants Trust Fund.
b. The Tobacco Settlement Trust Fund.
3. The Department of Children and Families, except for:
a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
b. The Social Services Block Grant Trust Fund.
c. The Tobacco Settlement Trust Fund.
4. The Department of Corrections.
5. The Department of Elderly Affairs, except for:
a. The Federal Grants Trust Fund.
b. The Tobacco Settlement Trust Fund.
6. The Department of Health, except for:
a. The Federal Grants Trust Fund.
b. The Grants and Donations Trust Fund.
c. The Maternal and Child Health Block Grant Trust Fund.
d. The Tobacco Settlement Trust Fund.
7. The Department of Highway Safety and Motor Vehicles, only for the Security Deposits Trust Fund.
8. The Department of Juvenile Justice.
9. The Department of Law Enforcement.
10. The Department of Legal Affairs.
11. The Department of State, only for:
a. The Grants and Donations Trust Fund.
b. The Records Management Trust Fund.
12. The Department of Economic Opportunity, only for the Economic Development Trust Fund.
13. The Florida Public Service Commission, only for the Florida Public Service Regulatory Trust Fund.
14. The Justice Administrative Commission.
15. The state courts system.
(d) Moneys in any trust funds of the agencies in paragraph (c) may be invested pursuant to the provisions of this section if:
1. Investment of such moneys and the retention of interest is required by federal programs or mandates;
2. Investment of such moneys and the retention of interest is required by bond covenants, indentures, or resolutions;
3. Such moneys are held by the state in a trustee capacity as an agent or fiduciary for individuals, private organizations, or other governmental units; or
4. The Executive Office of the Governor determines, after consultation with the Legislature pursuant to the procedures of s. 216.177, that federal matching funds or contributions or private grants to any trust fund would be lost to the state.
(e) Moneys in any land acquisition trust fund created or designated to receive funds under s. 28, Art. X of the State Constitution may not be invested as provided in this section, but shall be retained in those trust funds, with the interest appropriated to the General Revenue Fund, as provided in s. 17.57.
(4)(a) There is hereby created in the State Treasury the Treasury Administrative and Investment Trust Fund.
(b) The Chief Financial Officer shall make an annual assessment of 0.12 percent against the average daily balance of those moneys made available pursuant to this section and 0.2 percent against the average daily balance of those funds requiring investment in a separate account. The proceeds of this assessment shall be deposited in the Treasury Administrative and Investment Trust Fund.
(c) The moneys so received and deposited in the fund shall be used by the Chief Financial Officer to defray the expense of his or her office in the discharge of the administrative and investment powers and duties prescribed by this section and this chapter, including the maintaining of an office and necessary supplies therefor, essential equipment and other materials, salaries and expenses of required personnel, and all other legitimate expenses relating to the administrative and investment powers and duties imposed upon and charged to the Chief Financial Officer under this section and this chapter. The unencumbered balance in the trust fund at the close of each quarter shall not exceed $750,000. Any funds in excess of this amount shall be transferred unallocated to the General Revenue Fund. However, fees received from deferred compensation participants pursuant to s. 112.215 shall not be transferred to the General Revenue Fund and shall be used to operate the deferred compensation program.
(5) The transfer of the powers, duties, and responsibilities of existing state agencies and of the judicial branch made by this section to the Chief Financial Officer shall include only the particular powers, duties, and responsibilities hereby transferred, and all other existing powers shall in no way be affected by this section.
History.s. 4, ch. 81-295; s. 5, ch. 84-137; s. 2, ch. 87-331; s. 2, ch. 89-549; s. 4, ch. 90-357; s. 4, ch. 92-87; s. 6, ch. 92-142; s. 2, ch. 94-166; s. 1313, ch. 95-147; s. 1, ch. 96-216; s. 1, ch. 99-159; ss. 66, 67, ch. 2002-402; ss. 60, 61, ch. 2003-261; s. 4, ch. 2003-400; s. 5, ch. 2004-390; s. 69, ch. 2006-227; s. 3, ch. 2007-13; s. 3, ch. 2008-16; s. 2, ch. 2009-71; s. 40, ch. 2011-142; s. 4, ch. 2014-19; s. 3, ch. 2014-47; s. 4, ch. 2015-229; s. 3, ch. 2016-29; s. 27, ch. 2023-28.
Note.Former s. 215.535; s. 18.125.

F.S. 17.61 on Google Scholar

F.S. 17.61 on Casetext

Amendments to 17.61


Arrestable Offenses / Crimes under Fla. Stat. 17.61
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 17.61.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ASSOCIATED MORTGAGE BANKERS INC. v. CARSON,, 279 F. Supp. 3d 58 (D.D.C. 2017)

. . . . §§ 17.61 et. seq. .... in accordance with the procedures set forth in 24 C.F.R. §§ 17.69 and 17.73. . . . which HUD may reach decisions about administrative offsets. 31 U.S.C. §§ 3716, 3720A; 24 C.F.R. §§ 17.61 . . .

HUSSEY, v. RUCKUS WIRELESS, INC., 263 F. Supp. 3d 781 (N.D. Cal. 2017)

. . . Stanley opined that the value of the merger consideration was worth $17.61-$22.35 (Base Case Scenario . . . Lead Plaintiff, Morgan Stanley — and thereafter the remaining defendants— omitted the fact that the $17.61 . . . effectively conceded that there was no problem with Morgan- Stanley’s bottom-line DCF valuation — $17.61 . . . If the value of the merger consideration ($17.61-$22.35) was correct or reasonable, the Court does not . . . Third, even if Lead Plaintiff did assert that the $17.61-$22.35 valuation for the merger consideration . . .

IN RE LODEN,, 572 B.R. 211 (Bankr. W.D. Ark. 2017)

. . . simply listed their proppsed terms for the purchase of a vehicle: not to exceed $16,998 in amount at 17.61% . . .

IN RE BRIDGEFORTH,, 556 B.R. 121 (Bankr. M.D. Pa. 2016)

. . . A review of those schedules show income less expenses of $17.61. . . .

GREAT AMERICAN INSURANCE COMPANY, v. VETERAN S SUPPORT ORGANIZATION,, 166 F. Supp. 3d 1303 (S.D. Fla. 2015)

. . . Section 17.61 of the Texas Business and Commerce Code (the “Civil Investigative Demand statute”) authorizes . . . to several civil investigative demands, all of which are statutorily protected from disclosure by § 17.61 . . . In pertinent part, § 17.61(f) provides: No documentary material produced pursuant to a demand under this . . . Bus & Com.Code § 17.61(f). . . .

BAISDEN, v. I M READY PRODUCTIONS, INC. A. L. W., 793 F. Supp. 2d 970 (S.D. Tex. 2011)

. . . shows that he spent the following amounts at a café: $6.00 on February 23, $29.36 on February 24, and $17.61 . . .

GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, v. ST. BERNARD PARISH,, 641 F. Supp. 2d 563 (E.D. La. 2009)

. . . impact on African-Americans by reducing the amount of available housing structures with 5 or more units. 17.61 . . .

ACE AMERICAN INSURANCE COMPANY v. ASCEND ONE CORPORATION,, 570 F. Supp. 2d 789 (D. Md. 2008)

. . . Protection Division served a Civil Investigative Demand dated February 8, 2007 on Amerix pursuant to § 17.61 . . . Additionally, the Texas Demand states that it was issued pursuant to § 17.61 of the Texas Deceptive Trade . . . Bus. & Com.Code § 17.61. . . . .

AMERICAN FEDERAL BANK, FSB, v. UNITED STATES,, 72 Fed. Cl. 586 (Fed. Cl. 2006)

. . . Moreover, the bank’s return on average stockholders’ equity from 1994 through 1996 was between 16.14% and 17.61% . . .

PORT ELEVATOR BROWNSVILLE, L. C. Co. v. GUTIERREZ Et Al. v. L. C. Co., 198 F. App'x 362 (5th Cir. 2006)

. . . and are subject to action by the consumer protection division under Sections 17.47,17.58,17.60, and 17.61 . . .

W. BEVERLY, v. R. NICHOLSON,, 19 Vet. App. 394 (Vet. App. 2005)

. . . . §§ 17.61(b), 17.62 and 17.63 (2003)). . . . Pursuant to his authority, the Secretary promulgated 38 C.F.R. § 17.61, which sets forth the basic criteria . . . monitoring, supervision, and any necessary assistance in the veteran’s daily living activities.” 38 C.F.R. § 17.61 . . . language is plain, and its meaning clear, no room exists for construction.”); see also 38 C.F.R. § 17.61 . . . See 38 C.F.R. § 17.61(b). . . .

OUTDOOR MEDIA GROUP, INC. LLC, v. CITY OF BEAUMONT, 374 F. Supp. 2d 881 (C.D. Cal. 2005)

. . . repealing Chapter 17.60 of the Beaumont Municipal Code and adopting as an Urgency Ordinance Chapter 17.61 . . . Ordinance No. 856, repealing Chapter 17.60 of the Beaumont Municipal Code and adopting Ordinance Chapter 17.61 . . .

RODRIGUEZ v. E. PATAKI T. v. E., 308 F. Supp. 2d 346 (S.D.N.Y. 2004)

. . . 33.72%) Nassau County: Proposed District 40.65% 34.51% 19.81% 54.32% 8 (CVAP)(18.20%)(36.85%)(10.76%)(17.61% . . .

MALESEVIC, v. TECOM FLEET SERVICES, INC. s, 72 F. Supp. 2d 932 (N.D. Ind. 1998)

. . . Malesevic subsequently obtained a mechanic’s position at an automobile dealership earning $17.61 an hour . . .

MOBIL EXPLORATION AND PRODUCING U. S. INC. v. CAJUN CONSTRUCTION SERVICES, INC., 45 F.3d 96 (5th Cir. 1995)

. . . as follows: 14 tons/1.42 tons per cubic yard = 9.86 cubic yards 25 tons/1.42 tons per cubic yard = 17.61 . . .

KING, v. GENERAL ELECTRIC COMPANY,, 960 F.2d 617 (7th Cir. 1992)

. . . 1066 (7th Cir.1989) (adopting Oxman standard); Howard Eglit and Martin Malin, 3 Age Discrimination, § 17.61 . . .

WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. a G. v. MORALES,, 787 F. Supp. 689 (W.D. Tex. 1992)

. . . Bus. & Com.Code Ann. §§ 17.60, 17.61 (Vernon’s 1992 Supp.). . . . Sections 17.60 and 17.61 of the DTPA give the Attorney General unfettered discretion to inquire into . . . Id. § 17.61(a) (emphasis added). . . . Furthermore, Section 17.61(f) states that information gathered under that section may be used “in the . . . See Tex.Bus. & C. § 17.61(g); see also Murdock, 319 U.S. 105, 63 S.Ct. 870. . . .

In NATIONAL REAL ESTATE LIMITED PARTNERSHIP II, a, 87 B.R. 986 (Bankr. E.D. Wis. 1988)

. . . actual past maintenance and replacement costs, as a percentage of gross revenues, of 22.4% in 1986 and 17.61% . . .

HEIGHTS COMMUNITY CONGRESS, v. HILLTOP REALTY, INC., 629 F. Supp. 1232 (N.D. Ohio 1983)

. . . parts of 1403, 1404 and 1405) had a black enrollment of .37 percent in 1970, 11.6 percent in 1974, 17.61 . . .

TRAVIS, F. v. KING, P. E. K. S. A. M. D. W. V. HAWAII COUNTY COMMITTEE, Sr. v. KING,, 552 F. Supp. 554 (D. Haw. 1982)

. . . [5] [14,182] [ -13.89] Oahu 39 638,559 16,373 - 0.59 [37] [17,258] [+ 4.79] Kauai 2 38,739 19,370 + 17.61 . . .

JACKSON, v. PEOPLE S REPUBLIC OF CHINA, a, 550 F. Supp. 869 (N.D. Ala. 1982)

. . . June 15,1950 2.80 7.00 16.42 680.33 December 15,1950 2.80 7.00 17.01 704.34 June 15,1951 2.80625 7.00 17.61 . . .

D. H. v., 62 T.C. 684 (T.C. 1974)

. . . date, the price/earnings ratio for Standard & Poor’s index of 425 industrial stocks was approximately 17.61 . . .

LOCAL INTERNATIONAL LONGSHOREMEN S WAREHOUSEMEN S UNION, v. PACIFIC MARITIME ASSOCIATION, s s, 278 F. Supp. 755 (C.D. Cal. 1967)

. . . I believe that Section 17.61 is here involved.” (TR. . . . P. 170) The Arbitrator ruled that in accordance with the provisions of Section 17.61, these hearings . . .

CENTRAL TRUST COMPANY E. Jr. Co- E. v. UNITED STATES HERRLINGER, R. Jr. J. v. UNITED STATES CENTRAL TRUST COMPANY, R. v. UNITED STATES, 305 F.2d 393 (Ct. Cl. 1962)

. . . Thus, on the basis only of earnings, Heekin’s stock would similarly sell for $18.24 and $17.61 per share . . . national stock exchange and was actively traded, be priced at $18.24 a share on August 3, 1954, and at $17.61 . . .

THE CENTRAL TRUST COMPANY AND ALBERT E. HEEKIN, JR. CO- EXECUTORS OF THE ESTATE OF ALBERT E. HEEKIN, DECEASED v. THE UNITED STATES KATHARINE HEEKIN HERRLINGER, JAMES R. HEEKIN, JR. AND THE CENTRAL TRUST COMPANY, EXECUTORS UNDER THE WILL OF JAMES J. HEEKIN, DECEASED v. THE UNITED STATES THE CENTRAL TRUST COMPANY, SUCCESSOR EXECUTOR AND TRUSTEE UNDER THE WILL OF ALMA R. HEEKIN, DECEASED v. THE UNITED STATES, 158 Ct. Cl. 504 (Ct. Cl. 1962)

. . . Thus, on the basis only of earnings, Heekin’s stock would similarly sell for $18.24 and $17.61 per share . . . national stock exchange and was actively traded, be priced at $18.24 a share on August 3,1954, and at $17.61 . . .

KRANTMAN v. LIBERTY LOAN CORPORATION, 152 F. Supp. 705 (N.D. Ill. 1956)

. . . shares to the remaining 259 shares) translated into the 100,000 shares of new common would amount to $17.61 . . .

NEW YORK CENT. R. CO. v. UNITED STATES, 99 F. Supp. 394 (D. Mass. 1951)

. . . traffic until in 1948, the last year for which full data was included in the record, it amounted to only 17.61% . . .