CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Section
601.15(7)(a) provides: Two per cent of all income of a revenue nature deposited in this fund, including transfers from any subsidiary accounts thereof, shall be deposited in the General Revenue Fund in lieu of the service charge provided for in §
215.20; provided, however, that if any moneys are withdrawn from the trust fund for investment, such 2 per cent shall not again be charged against said moneys when they are redeposited in the trust fund....
...(Emphasis added.) Initially, we note that the attorney general has addressed the issue raised in this appeal. 1979 Op.Att'y Gen.Fla. 079-110 (Dec. 19, 1979). The attorney general's opinion did not consider the effect of section
601.15(7)(a), Florida Statutes (1981), but instead construed sections
215.20 and
215.22 to conclude that interest from investment accounts generally were not subject to the deduction....
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CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 147, 1995 WL 13428
...See §
206.47(2); §
206.45(1), Fla.Stat. When effectuating its obligation in this regard, the Board acts as the fiscal agent of the counties. State ex rel. Hester v. State Board of Administration,
158 Fla. 567 ,
30 So.2d 356 (1947). The present dispute began when DOR retained the section
215.20(1), Florida Statutes (1983), service charge for the state, and declined to transmit this portion of the constitutional gas tax proceeds to the Board....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Gerald A. Lewis Comptroller Tallahassee QUESTION: Are earnings on investments that are reinvested rather than deposited in the State Treasury subject to a deduction according to s. 215.20 , F....
...S.? SUMMARY: Until legislatively or judicially determined otherwise, earnings on investments or reinvestments made or held by an affected state agency pursuant to ss.
215.44 -
215.53 , F. S., are not subject to the 4-percent deduction for the pro rata share of the cost of general government described in and required by s.
215.20 , F. S., to be made from the moneys and trust funds described and listed in s.
215.22 , F. S., and paid into the General Revenue Fund. Your question is answered in the negative. Section
215.20 , F.S., provides that certain moneys and trust funds enumerated in s....
...from funds not immediately needed for their operational expenses. The Department of Banking and Finance has promulgated Rule 3A-40.101 (1), F.A.C., which provides inter alia that the 4-percent service charge is assessed on net receipts pursuant to ss.
215.20 and
215.22 ....
...o paid are calculated or determined on the basis of the sums of such tax, revenue collections, and deposits made by or for a particular agency or fund. No law has been drawn to my attention that makes any provision for the deduction provided for in ss.
215.20 and
215.22 , F....
...ency or fund for whom the Board of Administration rendered such investment services. Section
215.22 , as amended, in effect, states that only those moneys and trust funds described therein are the moneys or funds from which the deduction required by s.
215.20 is to be made. In sum, no statutory authority exists authorizing or requiring the deduction prescribed in ss.
215.20 and
215.22 to be made from investments or earnings on investments held by the agency or funds referred to in those sections....
...1974). Implied authority cannot exist in the absence of some express grant of authority or the express imposition of a duty. See 67 C.J.S. Officers ss. 190, 192, and AGO's 075-120 and 078-101. The statutes specifically direct the deduction required by s. 215.20 , F....
...rnings on investments or reinvestments made or held by an affected state agency pursuant to ss.
215.44 -
215.53 , F. S., are not subject to the 4-percent deduction for the pro rata share of the cost of general government described in and required by s.
215.20 , F....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2791, 1990 WL 48658
...nd maintenance of roads and bridges within the respective counties. Section 16(d) prohibits the use by the legislature of the proceeds for any other purpose. See State v. Florida State Improvement Commission,
160 Fla. 230 ,
34 So.2d 443, 449 (1948). Section
215.20(1), Florida Statutes (1983) provides in part: A service charge of 6 percent, representing the estimated pro rata share of the cost of general government paid from the General Revenue Fund, shall be deducted from the moneys and trust funds enumerated in s....
...The funds subject to this service charge are listed in Section
215.22, and Chapter 83-339 amends Section
215.22 to add the Gas Tax Collection Trust Fund to the list. Appellee brought suit for declaratory judgment, asserting that the application of Sections
215.20 and
215.22 to the constitutional gas tax proceeds violates the Florida Constitution....
