Florida Senate - 2014                                     SB 388
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00352A-14                                            2014388__
    1                        A bill to be entitled                      
    2         An act relating to public retirement plans; amending
    3         ss. 185.03 and 185.08, F.S.; specifying the
    4         applicability of ch. 185, F.S., to certain
    5         consolidated governments; providing that a
    6         consolidated government that has entered into an
    7         interlocal agreement to provide police protection
    8         services to a municipality within its boundaries is
    9         eligible to receive the premium taxes reported for the
   10         municipality under certain circumstances; authorizing
   11         the municipality receiving the police protection
   12         services to enact an ordinance levying the tax as
   13         provided by law; including certain consolidated
   14         governments under provisions authorizing imposition of
   15         a state excise tax on casualty insurance premiums
   16         covering certain property; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (2) of section 185.03, Florida
   22  Statutes, is amended to read:
   23         185.03 Municipal police officers’ retirement trust funds;
   24  creation; applicability of provisions; participation by public
   25  safety officers.—For any municipality, chapter plan, local law
   26  municipality, or local law plan under this chapter:
   27         (2)(a)The provisions of This chapter applies shall apply
   28  only to municipalities organized and established pursuant to the
   29  laws of the state, and does said provisions shall not apply to
   30  the unincorporated areas of a any county or counties nor shall
   31  the provisions hereof apply to a any governmental entity whose
   32  police officers are eligible to participate in the Florida
   33  Retirement System.
   34         (b) With respect to the distribution of premium taxes, a
   35  single consolidated government consisting of a former county and
   36  one or more municipalities, consolidated pursuant to s. 3 or s.
   37  6(e), Art. VIII of the State Constitution, is also eligible to
   38  participate under this chapter. The consolidated government
   39  shall notify the division when it has entered into an interlocal
   40  agreement to provide police services to a municipality within
   41  its boundaries. The municipality may enact an ordinance levying
   42  the tax as provided in s. 185.08. Upon being provided copies of
   43  the interlocal agreement and the municipal ordinance levying the
   44  tax, the division may distribute any premium taxes reported for
   45  the municipality to the consolidated government as long as the
   46  interlocal agreement is in effect.
   47         Section 2. Subsection (1) of section 185.08, Florida
   48  Statutes, is amended to read:
   49         185.08 State excise tax on casualty insurance premiums
   50  authorized; procedure.—For any municipality, chapter plan, local
   51  law municipality, or local law plan under this chapter:
   52         (1)(a) Each incorporated municipality in this state
   53  described and classified in s. 185.03, as well as each other
   54  city or town of this state which on July 31, 1953, had a
   55  lawfully established municipal police officers’ retirement trust
   56  fund or city fund, by whatever name known, providing pension or
   57  relief benefits to police officers as provided under this
   58  chapter, may assess and impose on every insurance company,
   59  corporation, or other insurer now engaged in or carrying on, or
   60  who shall hereafter engage in or carry on, the business of
   61  casualty insurance as shown by records of the Office of
   62  Insurance Regulation of the Financial Services Commission, an
   63  excise tax in addition to any lawful license or excise tax now
   64  levied by each of the said municipalities, respectively,
   65  amounting to .85 percent of the gross amount of receipts of
   66  premiums from policyholders on all premiums collected on
   67  casualty insurance policies covering property within the
   68  corporate limits of such municipalities, respectively.
   69         (b) This section applies to a municipality consisting of a
   70  single consolidated government consisting of a former county and
   71  one or more municipalities, consolidated pursuant to s. 3 or s.
   72  6(e), Art. VIII of the State Constitution, and to casualty
   73  insurance policies covering property within the boundaries of
   74  the consolidated government, regardless of whether the
   75  properties are located within one or more separately
   76  incorporated areas within the consolidated government, and
   77  provided the properties are being provided with police
   78  protection services by the consolidated government.
   79         Section 3. This act shall take effect July 1, 2014.