DEPT. OF REVENUE v. LEON COUNTY

No. 88-2330.

560 So.2d 318 (1990)

DEPARTMENT OF REVENUE, STATE OF FLORIDA, Appellant, v. LEON COUNTY and State Board of Administration, Appellees.

District Court of Appeal of Florida, First District.

April 23, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Joseph C. Mellichamp, III and Kevin J. O'Donnell, Asst. Attys. Gen., Tallahassee, for appellant.

John C. Pelham and F.E. Steinmeyer, III of Pennington, Wilkinson, Dunlap, Steinmeyer & Camp, Tallahassee, for appellee Leon County.

Horace C. Schow, II, Tallahassee, for appellee State Bd. of Admin.


NIMMONS, Judge.

This appeal presents the question of whether the trial court correctly held that Chapter 83-339, Laws of Florida, is unconstitutional insofar as it provides for a deduction of a six percent service charge from the Gas Tax Collection Trust Fund. We agree with the trial court that the Florida Constitution prohibits this deduction.

Pursuant to Article IX, Section 16, 1885 Florida Constitution as amended, Article XII, Section 9, 1968 Florida Constitution...

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