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10/23/1974
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10/23/1974
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INSTRUCTIONS <br />Report of December 31 must include receipts and enenses for the entire calendar years, and lines <br />numbered (5) to (11) inclusive, filled out to show net income, compensation and excess (if any) due the <br />County for the entire years.. <br />The decisions of the Supreme Court in the cases of Lee v. Smith, 149 So. 67 and Gay v. McKenny, <br />155 So. 845 provide that collections on earnings of former years shall be considered as income for the <br />year in which earned and not for the year in which collected, and that the proportion of such collections <br />that may be retained and any excess that may be due the County from collections must be determined by <br />adding such collections to the net income already reported for such year. <br />In this form provision is made for treating collections for former years in accord with the law as <br />construed in the said decisions. The separate columns, provide for a separate report for each year for <br />which collections are made. In addition, any expenses for former years which were not reported but were <br />paid after report was made may be taken into account. <br />Line (1), Receipts from Individuals <br />Fees collected represent charges made by the State for services. Hence, the fee officer must collect <br />all fees required by law and properly account for same. (See Sweat vs. Waldon, 123, Fla., 478, 167 S 363.) <br />All fees from individuals must be reported and any collections for prior years that have not been reported <br />should be reported in a separate column for each year for which collections were made. <br />Line (2), Receipts from Governmental Agencies --� <br />Since an officer must wait until he -is paid by the State, County or District, earnings from govern- <br />mental agencies should not be reported until collected. If collected in a later year, such collections should be <br />reported in the column for the year in which earned. <br />Line (3), Total of lines (1) and (2) <br />Line (4), Total expenses. This should include all expenses for the current year, even though some of <br />them may not be actually paid on December 31. The columns for former years should include any expenses <br />for such years not previously -reported. <br />Line (5), Line (3) less line (4), for each year separately. <br />Line (6), Do not use for the current year. If either receipts or expenses for former years are, on this re- <br />port, show the net income last reported for such year. <br />Line (7), Line (5) plus line (6) <br />Line (8), Calculate the -compensation retainable for each year, on the basis of the figures in line (7). <br />Line -(9), Line (7) less line (8) - <br />Line (10), Total already paid the County for each year -shown on report. <br />Line (11), Line (9) less line (10) <br />REPORT TO COUNTY COMMISSIONERS <br />'. This form may also be used for reports to County Commissioners, by attaching separate sheets show- <br />ing the itemization required. <br />TAX COLLECTORS AND ASSESSORS <br />According to the ruling of the Supreme Court in Moreland v. Volusia County, 48 So. 2d. 151, excess <br />income should be divided between the board of county commissioners and the board of public instruction <br />as follows: <br />Divide the gross income into the amount of commissions paid by the board of public instruction to ob- <br />tain a percentage. Multiply the excess income by this percentage to obtain the amount due the board of <br />public instruction; the balance is due the board of county commissioners. <br />OCT •1974 <br />BOR > -Jvin <br />10 <br />. � I <br />
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