HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Attkisson offered the following:
12  
13         Amendment to Amendment (143317) (with title amendment) 
14         On page 1, betweeen lines 16 & 17,
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16  insert:  
17         Section 1.  It is hereby declared by the Legislature
18  that firefighters, paramedics, emergency medical technicians,
19  and police officers, as hereinafter defined, perform state and
20  municipal functions; that it is their duty to protect life and
21  property at their own risk and peril; that it is their duty to
22  continuously instruct school personnel, public officials, and
23  private citizens about safety; and that their activities are
24  vital to the public safety.  Therefore, the Legislature
25  declares that it is a proper and legitimate state purpose to
26  provide a uniform retirement system for the benefit of
27  firefighters, paramedics, emergency medical technicians, and
28  police officers as hereinafter defined and intends, in
29  implementing the provisions of Section 14, Article X of the
30  State Constitution as they relate to municipal and special
31  district pension trust fund systems and plans, that such
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    File original & 9 copies    04/24/01                          
    hbd0016                     10:51 am         00347-0079-213913
                                                   HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  retirement systems or plans be managed, administered,
 2  operated, and funded in such manner as to maximize the
 3  protection of pension trust funds.  Pursuant to Section 18,
 4  Article VII of the State Constitution, the Legislature hereby
 5  determines and declares that the provisions of this act
 6  fulfill an important state interest.
 7         Section 2.  Paragraph (b) of subsection (4) of section
 8  121.091, Florida Statutes, is amended to read:
 9         121.091  Benefits payable under the system.--Benefits
10  may not be paid under this section unless the member has
11  terminated employment as provided in s. 121.021(39)(a) or
12  begun participation in the Deferred Retirement Option Program
13  as provided in subsection (13), and a proper application has
14  been filed in the manner prescribed by the department. The
15  department may cancel an application for retirement benefits
16  when the member or beneficiary fails to timely provide the
17  information and documents required by this chapter and the
18  department's rules. The department shall adopt rules
19  establishing procedures for application for retirement
20  benefits and for the cancellation of such application when the
21  required information or documents are not received.
22         (4)  DISABILITY RETIREMENT BENEFIT.--
23         (b)  Total and permanent disability.--A member shall be
24  considered totally and permanently disabled if, in the opinion
25  of the administrator, he or she is prevented, by reason of a
26  medically determinable physical or mental impairment, from
27  rendering useful and efficient service as an officer or
28  employee. A Special Risk Class member who is an officer as
29  defined in s. 943.10(1), (2), or (3); a firefighter as defined
30  in s. 633.30(1); an emergency medical technician as defined in
31  s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
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    File original & 9 copies    04/24/01                          
    hbd0016                     10:51 am         00347-0079-213913
                                                   HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  is catastrophically injured as defined in s. 440.02(37) in the
 2  line of duty as a result of a felonious act of another shall
 3  be considered totally and permanently disabled and unable to
 4  render useful and efficient service as an officer, unless the
 5  administrator can provide documented competent medical
 6  evidence that the officer is able to render useful and
 7  efficient service as an officer. For purposes of this
 8  subsection, the term "officer" includes law enforcement
 9  officers, correctional officers, correctional probation
10  officers, firefighters, emergency medical technicians, and
11  paramedics.
12         Section 3.  Subsection (5) of section 175.191, Florida
13  Statutes, is amended to read:
14         175.191  Disability retirement.--For any municipality,
15  special fire control district, chapter plan, local law
16  municipality, local law special fire control district, or
17  local law plan under this chapter:
18         (5)  The benefit payable to a firefighter who retires
19  from the service of a municipality or special fire control
20  district due to total and permanent disability as a direct
21  result of a disability is the monthly income payable for 10
22  years certain and life for which, if the firefighter's
23  disability occurred in the line of duty, his or her monthly
24  benefit shall be the accrued retirement benefit, but shall not
25  be less than 42 percent of his or her average monthly salary
26  at the time of disability.  If after 10 years of service the
27  disability is other than in the line of duty, the
28  firefighter's monthly benefit shall be the accrued normal
29  retirement benefit, but shall not be less than 25 percent of
30  his or her average monthly salary at the time of disability.
31  Notwithstanding any provision to the contrary, the monthly
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    File original & 9 copies    04/24/01                          
    hbd0016                     10:51 am         00347-0079-213913
                                                   HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  retirement benefit payable to a firefighter, emergency medical
 2  technician, or paramedic who retires from service due to total
 3  and permanent disability as a result of a catastrophic injury
 4  as defined in s. 440.02(37) where such injury is a result of a
 5  felonious act of another shall be the accrued retirement
 6  benefit but shall not be less than 80 percent of his or her
 7  average monthly salary at the time of disability.
 8         Section 4.  Subsection (5) of section 185.18, Florida
 9  Statutes, is amended to read:
10         185.18  Disability retirement.--For any municipality,
11  chapter plan, local law municipality, or local law plan under
12  this chapter:
13         (5)  The benefit payable to a police officer who
14  retires from the service of the city with a total and
15  permanent disability as a result of a disability is the
16  monthly income payable for 10 years certain and life for
17  which, if the police officer's disability occurred in the line
18  of duty, his or her monthly benefit shall be the accrued
19  retirement benefit, but shall not be less than 42 percent of
20  his or her average monthly compensation as of the police
21  officer's disability retirement date. If after 10 years of
22  service the disability is other than in the line of duty, the
23  police officer's monthly benefit shall be the accrued normal
24  retirement benefit, but shall not be less than 25 percent of
25  his or her average monthly compensation as of the police
26  officer's disability retirement date. Notwithstanding any
27  provision to the contrary, the monthly retirement benefit
28  payable to a police officer who retires from service due to
29  total and permanent disability as a result of a catastrophic
30  injury as defined in s. 440.02(37) where such injury is a
31  result of a felonious act of another shall be the accrued
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    File original & 9 copies    04/24/01                          
    hbd0016                     10:51 am         00347-0079-213913
                                                   HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  retirement benefit but shall not be less than 80 percent of
 2  the officer's average monthly compensation as of the officer's
 3  disability retirement date.
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 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 9, line 8, after Program;
 9  
10  insert:
11         creating the "Officer Malcolm Thompson Act";
12         providing legislative intent; amending s.
13         121.091, F.S.; revising provisions relating to
14         benefits payable for total and permanent
15         disability for certain Special Risk Class
16         members of the Florida Retirement System who
17         are injured in the line of duty; amending ss.
18         175.191 and 185.18, F.S.; providing minimum
19         retirement benefits payable to certain Special
20         Risk Class members who are injured in the line
21         of duty and who are totally and permanently
22         disabled due to such injury;
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    File original & 9 copies    04/24/01                          
    hbd0016                     10:51 am         00347-0079-213913