Brock v. Board of County Commissioners
21 So. 3d 844 (2009)
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Rule of Law:
A public officer's constitutional and statutory grant of power, such as a County Clerk's duty to be the custodian of all county funds and county auditor, implicitly includes every power necessary to carry out that duty effectively, including the authority to investigate funds wrongfully withheld from their custody and to conduct post-payment audits.
Facts:
- County employees of a fire district controlled by the Board of County Commissioners of Collier County established a checking account.
- The account was held in the name of 'Ochopee FCD Volunteers.'
- The Clerk of the Circuit Court of Collier County, who is the constitutional custodian of county funds, did not have custody of the funds in this account.
- This checking account was not subject to the county's standard financial controls.
- The county asserted that the account held only funds raised by volunteers, which were used to purchase equipment for the fire department.
- The Clerk discovered the existence of this account, which precipitated a dispute over the scope of the Clerk's authority.
- The funds in the fire district account were eventually surrendered to the Clerk.
Procedural Posture:
- The Clerk of the Circuit Court of Collier County filed a declaratory judgment action in the circuit court against the Board of County Commissioners.
- The Board of County Commissioners instituted quo warranto proceedings against the Clerk in the circuit court.
- The circuit court (trial court) consolidated the two proceedings.
- The circuit court entered summary judgment in favor of the Board of County Commissioners, limiting the Clerk's authority.
- The Clerk (appellant) appealed the summary judgment to the District Court of Appeal of Florida, Second District, with the Board of County Commissioners as the appellee.
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Issue:
Does a County Clerk, acting as the constitutional custodian of all county funds and county auditor, have the implied authority to unilaterally investigate county funds not in the Clerk's custody and to conduct post-payment audits of county expenditures without direction from the Board of County Commissioners?
Opinions:
Majority - Canady, J.
Yes. A County Clerk's constitutional and statutory duties as custodian of all county funds and auditor carry the implied authority to investigate funds wrongfully withheld and to conduct post-payment audits. A statutory grant of power inherently includes everything necessary to make that power effectual and complete. Denying the Clerk the ability to investigate funds not in his custody would undermine his role as custodian and frustrate the goal of protecting public funds from misappropriation. Similarly, prohibiting post-payment audits would compromise the Clerk's duty to guard against the illegal use of county funds, as such audits are necessary to test internal controls and ensure the legality of future payments.
Concurring-in-part-and-dissenting-in-part - Silberman, J.
No. A County Clerk, as a constitutional officer, possesses only such authority as is clearly conferred by statute or is necessarily implied, and any doubt as to the existence of authority should not be assumed. The powers to investigate county affairs and prosecute legal causes are expressly granted by statute to the Board of County Commissioners, not the Clerk. The Clerk’s auditing function is limited to a pre-audit review to ensure the legality of an expenditure before a warrant is signed; there is no specific constitutional or statutory authority for the Clerk to perform post-payment audits without direction from the Board.
Analysis:
This decision significantly clarifies and strengthens the implied powers of a Florida County Clerk, reinforcing the office's role as an independent fiscal watchdog. By affirming the Clerk's authority to proactively investigate and conduct post-payment audits, the court moves the Clerk's function beyond a passive, ministerial role. This precedent empowers Clerks to hold county commissions and departments accountable for financial management but may also increase friction between these co-equal branches of county government over the scope of their respective financial oversight authorities.
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