The Florida Senate

218.21  Definitions.--As used in this part, the following words and terms shall have the meanings ascribed them in this section, except where the context clearly indicates a different meaning:

(1)  "Unit of local government" means a county or municipal government and shall not include any special district as defined in part III.

(2)  "County" means a political subdivision of the state as established pursuant to s. 1, Art. VIII of the State Constitution.

(3)  "Municipality" means a municipality created pursuant to general or special law and metropolitan and consolidated governments as provided in s. 6(e) and (f), Art. VIII of the State Constitution. Such municipality must have held an election for its legislative body pursuant to law and established such a legislative body which meets pursuant to law.

(4)  "Department" means the Department of Revenue.

(5)  "Entitlement" means the amount of revenue which would be shared with an eligible unit of local government if the distribution from trust funds were based solely on the formula computation.

¹(6)  "Guaranteed entitlement" means the amount of revenue which must be shared with an eligible unit of local government so that:

(a)  No eligible county shall receive less funds from the Revenue Sharing Trust Fund for Counties in any fiscal year than the amount received in the aggregate from the state in fiscal year 1971-1972 under the provisions of the then-existing s. 210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4), road tax; and the then-existing s. 199.292(4), tax on intangible personal property.

(b)  No eligible municipality shall receive less funds from the Revenue Sharing Trust Fund for Municipalities in any fiscal year than the aggregate amount it received from the state in fiscal year 1971-1972 under the provisions of the then-existing s. 210.20(2)(a), tax on cigarettes; the then-existing s. 323.16(3), road tax; and s. 206.605, tax on motor fuel. Any government exercising municipal powers under s. 6(f), Art. VIII of the State Constitution may not receive less than the aggregate amount it received from the Revenue Sharing Trust Fund for Municipalities in the preceding fiscal year, plus a percentage increase in such amount equal to the percentage increase of the Revenue Sharing Trust Fund for Municipalities for the preceding fiscal year.

(7)  "Minimum entitlement" means the amount of revenue, as certified by a unit of local government and determined by the department, which must be shared with a unit of local government so that such unit will receive the amount of revenue necessary to meet its obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sources or proceeds which by terms of this act shall henceforth be distributed out of revenue sharing trust funds.

(8)  "Population" means the latest official state estimate of population certified pursuant to s. 186.901 or, if there is no independent annual certification of population for any urban service district necessary to the requirements of this part, the population of such district shall be determined by applying the latest available percentage distribution to the population of the area affected.

(9)  "All receipts available" means the amount estimated to be available for distribution during the fiscal year as determined, and as amended from time to time, by the department.

(10)  "Second guaranteed entitlement for counties" means the amount of revenue received in the aggregate by an eligible county in fiscal year 1981-1982 under the provisions of the then-existing s. 210.20(2)(a), tax on cigarettes, and the then-existing s. 199.292(4), tax on intangible personal property, less the guaranteed entitlement. For any fiscal year, each eligible county shall be entitled to receive the second guaranteed entitlement for counties from the Revenue Sharing Trust Fund for Counties. The second guaranteed entitlement for counties shall be deemed separate and apart from the guaranteed entitlement and shall not be deemed to be a part of the guaranteed entitlement for purposes of any indenture, contract, or pledge to holders of obligations issued by any county.

History.--s. 1, ch. 72-360; s. 1, ch. 73-349; s. 1, ch. 74-194; s. 1, ch. 77-174; s. 59, ch. 87-224; s. 7, ch. 87-237; s. 26, ch. 93-233; s. 92, ch. 99-2; s. 7, ch. 2001-61.

¹Note.--Section 57, ch. 2002-218, provides that "[n]otwithstanding the percentage increase provided in section 218.21(6), Florida Statutes, for the purpose of calculating distributions made under section 212.20(6)(d)6., Florida Statutes, for the 2001-2002 fiscal year, the percentage increase for any government exercising municipal powers under section 6(f), Article VIII of the State Constitution shall be calculated as the revenues from the Revenue Sharing Trust Fund for Municipalities for the 2000-2001 fiscal year, divided by the sum of revenues from the Revenue Sharing Trust Fund for Municipalities for the 1999-2000 fiscal year and revenues from the Municipal Financial Assistance Trust Fund for the 1999-2000 fiscal year, minus one. Notwithstanding this section, actual payments during fiscal year 2001-2002 shall not be affected by this provision and such recalculated amount shall be used to determine the percentage increase for the 2002-2003 fiscal year, as provided in section 218.21(6)(b), Florida Statutes. Any adjustment because of an overpayment during the 2001-2002 fiscal year shall be treated as a credit to the payment in fiscal year 2002-2003."