CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...218.21 (3) and is not within the definition of a `unit of local government' as defined in s.
218.21 (1) and accordingly would not be eligible to receive a municipal share of revenue-sharing trust funds created under s.
218.215 and as apportioned under s.
218.245 (2)....
...part III of Ch. 218, F. S. The entire concept of revenue sharing and the formula for the apportionment of funds is designed to embrace only those entities specifically included therein, cf ., AGO's 073-246 and 074-367. This is clearly recognized in s. 218.245 , F. S. Therein the apportionment factor for all eligible counties is carefully delineated and the apportionment factor for all eligible municipalities is set forth in considerable detail. Furthermore, in s. 218.245 (2)(d), the apportionment factor for a metropolitan or consolidated government, as provided by ss....
...e of urban service districts, and areas within the entire county or the municipalities found therein. The specific attention given to metropolitan or consolidated governments provided for in s. 6(e) and (f), Art. VIII, supra , and ss.
218.21 (3) and
218.245 (2)(d), F....
...The monetary ramifications are quite significant also. For instance, Dade County and Duval County, because both are metropolitan and consolidated governments as provided in s. 6(e) and (f) of Art. VIII, supra , would be required to receive funds allocated based upon the apportionment factor found in s. 218.245 (2)(d), F. S., while, if Broward County's contention is correct, Broward County would be eligible to receive both a county share and a municipal share based on the apportionment factor in s. 218.245 . This would mean that a charter county would receive a considerably larger portion of revenue-sharing funds than a metropolitan or consolidated government because the formula defined by the Legislature in s. 218.245 (2)(d) in apportioning funds to a metropolitan or consolidated government takes into consideration the areas of the county in the unincorporated area or areas outside of urban service districts and outside of municipal limits....
...rticipate in a county portion of revenue sharing. To participate in a municipal share, that portion of the county general millage levied only in the unincorporated area is the test of eligibility. Due to the ad valorem reduction factor as defined by s. 218.245 (2)(d), F. S., charter counties would have a clear advantage over the consolidated and metropolitan governments. Section 218.245 (2)(d) requires that the apportionment factors for the metropolitan and consolidated governments (when treated as a city) be reduced by a ratio of total tax levied within the county (both municipal and county) to those levied in only the unincorporated area....
...the Department of Revenue is required to reduce the share for Metro-Dade and Jax-Duval. Admittedly, the Legislature could have defined the term `municipality' to include charter counties and brought them within the apportionment factor set forth in s. 218.245 (2)(d), F....