HOUSE AMENDMENT
                                                Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Attkisson offered the following:
12  
13         Amendment to Amendment (143317) (with title amendment) 
14         On page 1, betweeen lines 16 & 17,
15  
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
                                  1
    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 2 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 3 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 4 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. 4 5 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; 23 24 25 26 27 28 29 30 31 5 File original & 9 copies 04/24/01 hbd0016 10:51 am 00347-0079-213913