| 1 | A bill to be entitled |
| 2 | An act relating to firefighter and municipal police |
| 3 | pensions; creating s. 175.025, F.S.; providing a short |
| 4 | title; creating s. 175.1015, F.S.; authorizing the |
| 5 | Department of Revenue to create and maintain a database |
| 6 | for use by insurers that report and remit an excise tax on |
| 7 | property insurance premiums; providing incentives to |
| 8 | insurers for using the database and penalties for failure |
| 9 | to use the database; requiring local governments to |
| 10 | provide information to the department; appropriating funds |
| 11 | to the department for the administration of the database; |
| 12 | authorizing the department to adopt rules; creating s. |
| 13 | 185.015, F.S.; providing a short title; creating s. |
| 14 | 185.085, F.S.; authorizing the Department of Revenue to |
| 15 | create and maintain a database for use by insurers that |
| 16 | report and remit an excise tax on casualty insurers |
| 17 | premiums; providing incentives to insurers for using the |
| 18 | database and penalties for failure to use the database; |
| 19 | requiring local governments to provide information to the |
| 20 | department; appropriating funds to the department for the |
| 21 | administration of the database; authorizing the department |
| 22 | to adopt rules; providing for distribution of tax revenues |
| 23 | through 2007; amending s. 175.351,, F.S.; providing for |
| 24 | the meaning of the term "extra benefits" with respect to |
| 25 | pension plans for firefighters; amending s. 185.35, F.S.; |
| 26 | providing for the meaning of the term "extra benefits" |
| 27 | with respect to pension plans for municipal police |
| 28 | officers; amending s. 175.061, F.S.; authorizing the plan |
| 29 | administrator to withhold certain funds; amending s. |
| 30 | 185.05, F.S.; authorizing the plan administrator to |
| 31 | withhold certain funds; providing an appropriation to the |
| 32 | Department of Revenue; providing an effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. Section 175.025, Florida Statutes, is created |
| 37 | to read: |
| 38 | 175.025 Short title.--This chapter may be cited as the |
| 39 | "Marvin B. Clayton Firefighters Pension Trust Fund Act." |
| 40 | Section 2. Section 175.1015, Florida Statutes, is created |
| 41 | to read: |
| 42 | 175.1015 Determination of local premium tax situs.-- |
| 43 | (1)(a) Any insurance company that is obligated to report |
| 44 | and remit the excise tax on property insurance premiums imposed |
| 45 | under s. 175.101 shall be held harmless from any liability, |
| 46 | including, but not limited to, liability for taxes, interest, or |
| 47 | penalties that would otherwise be due solely as a result of an |
| 48 | assignment of an insured property to an incorrect local taxing |
| 49 | jurisdiction if the insurance company exercises due diligence in |
| 50 | applying an electronic database provided by the Department of |
| 51 | Revenue under subsection (2). Insurance companies that do not |
| 52 | use the electronic database provided by the Department of |
| 53 | Revenue or that do not exercise due diligence in applying the |
| 54 | electronic database for tax years on or after January 1, 2006, |
| 55 | are subject to a 0.5 percent penalty on the portion of the |
| 56 | premium pertaining to any insured risk that is improperly |
| 57 | assigned, whether assigned to an improper local taxing |
| 58 | jurisdiction, not assigned to a local taxing jurisdiction when |
| 59 | it should be assigned to a local taxing jurisdiction, or |
| 60 | assigned to a local taxing jurisdiction when it should not be |
| 61 | assigned to a local taxing jurisdiction. |
| 62 | (b) Any insurance company that is obligated to report and |
| 63 | remit the excise tax on commercial property insurance premiums |
| 64 | imposed under s. 175.101 and is unable, after due diligence, to |
| 65 | assign an insured property to a specific local taxing |
| 66 | jurisdiction for purposes of complying with paragraph(a) shall |
| 67 | remit the excise tax on commercial property insurance premiums |
| 68 | using a methodology of apportionment in a manner consistent with |
| 69 | the remittance for the 2004 calendar year. An insurance company |
| 70 | which makes two contacts with the agent responsible for a |
| 71 | commercial property insurance application for the purpose of |
| 72 | verifying information on the application necessary for the |
| 73 | assignment to the appropriate taxing jurisdiction, shall be |
| 74 | considered to have exercised due diligence. Any insurance |
| 75 | company which complies with the provisions of this paragraph |
| 76 | shall not be subject to the penalty provided in paragraph (a). |
| 77 | (2)(a) The Department of Revenue shall, subject to |
| 78 | legislative appropriation, create as soon as practical and |
| 79 | feasible, and thereafter shall maintain, an electronic database |
| 80 | that conforms to any format approved by the American National |
| 81 | Standards Institute's Accredited Standards Committee X12 and |
| 82 | that designates for each street address and address range in the |
| 83 | state, including any multiple postal street addresses applicable |
| 84 | to one street location, the local taxing jurisdiction in which |
| 85 | the street address and address range is located, and the |
| 86 | appropriate code for each such participating local taxing |
| 87 | jurisdiction, identified by one nationwide standard numeric |
| 88 | code. The nationwide standard numeric code must contain the same |
| 89 | number of numeric digits, and each digit or combination of |
| 90 | digits must refer to the same level of taxing jurisdiction |
| 91 | throughout the United States and must be in a format similar to |
| 92 | FIPS 55-3 or other appropriate standard approved by the |
| 93 | Federation of Tax Administrators and the Multistate Tax |
| 94 | Commission. Each address or address range must be provided in |
| 95 | standard postal format, including the street number, street |
| 96 | number range, street name, and zip code. Each year after the |
| 97 | creation of the initial database, the Department of Revenue |
| 98 | shall annually create and maintain a database for the current |
| 99 | tax year. Each annual database must be calendar-year specific. |
| 100 | (b)1. Each participating local taxing jurisdiction shall |
| 101 | furnish to the Department of Revenue all information needed to |
| 102 | create the electronic database as soon as practical and |
| 103 | feasible. The information furnished to the Department of Revenue |
| 104 | must specify an effective date. |
| 105 | 2. Each participating local taxing jurisdiction shall |
| 106 | furnish to the Department of Revenue all information needed to |
| 107 | create and update the current year's database, including changes |
| 108 | in annexations, incorporations, and reorganizations and any |
| 109 | other changes in jurisdictional boundaries, as well as changes |
| 110 | in eligibility to participate in the excise tax imposed under |
| 111 | this chapter. The information must specify an effective date and |
| 112 | must be furnished to the Department of Revenue by July 1 of the |
| 113 | current year. |
| 114 | 3. The Department of Revenue shall create and update the |
| 115 | current year's database in accordance with the information |
| 116 | furnished by participating local taxing jurisdictions under |
| 117 | subparagraph 1. or subparagraph 2., as appropriate. To the |
| 118 | extent practicable, the Department of Revenue shall post each |
| 119 | new annual database on a web site by September 1 of each year. |
| 120 | Each participating local taxing jurisdiction shall have access |
| 121 | to this web site and, within 30 days thereafter, shall provide |
| 122 | any corrections to the Department of Revenue. The Department of |
| 123 | Revenue shall finalize the current year's database and post it |
| 124 | on a web site by November 1 of the current year. If a dispute in |
| 125 | jurisdictional boundaries cannot be resolved so that changes in |
| 126 | boundaries may be included, as appropriate, in the database by |
| 127 | November 1, the changes may not be retroactively included in the |
| 128 | current year's database and the boundaries will remain the same |
| 129 | as in the previous year's database. The finalized database must |
| 130 | be used in assigning policies and premiums to the proper local |
| 131 | taxing jurisdiction for the insurance premium tax return due on |
| 132 | the following March 1 for the tax year 2005. For subsequent tax |
| 133 | years, the finalized database must be used in assigning policies |
| 134 | and premiums to the proper local taxing jurisdiction for the |
| 135 | insurance premium tax return due for the tax year beginning on |
| 136 | or after the January 1 following the website posting of the |
| 137 | database. Information contained in the electronic database is |
| 138 | conclusive for purposes of this chapter. The electronic database |
| 139 | is not an order, a rule, or a policy of general applicability. |
| 140 | 4. Each annual database must identify the additions, |
| 141 | deletions, and other changes to the preceding version of the |
| 142 | database. |
| 143 | (3)(a) As used in this section, the term "due diligence" |
| 144 | means the care and attention that is expected from and is |
| 145 | ordinarily exercised by a reasonable and prudent person under |
| 146 | the circumstances. |
| 147 | (b) Notwithstanding any law to the contrary, an insurance |
| 148 | company is exercising due diligence if the insurance company |
| 149 | complies with the provisions of paragraph (1)(b) or if the |
| 150 | insurance company assigns an insured's premium to local taxing |
| 151 | jurisdictions in accordance with the Department of Revenue's |
| 152 | annual database and with respect to such database: |
| 153 | 1. Expends reasonable resources to accurately and reliably |
| 154 | implement such method; |
| 155 | 2. Maintains adequate internal controls to correctly |
| 156 | include in its database of policyholders the location of the |
| 157 | property insured, in the proper address format, so that matching |
| 158 | with the department's database is accurate; and |
| 159 | 3. Corrects errors in the assignment of addresses to local |
| 160 | taxing jurisdictions within 120 days after the insurance company |
| 161 | discovers the errors. |
| 162 | (4) There is annually appropriated from the moneys |
| 163 | collected under this chapter and deposited in the Police and |
| 164 | Firefighter's Premium Tax Trust Fund an amount sufficient to pay |
| 165 | the expenses of the Department of Revenue in administering this |
| 166 | section, but not to exceed $50,000 annually, adjusted annually |
| 167 | by the lesser of a 5 percent increase or the percentage of |
| 168 | growth in the total collections. |
| 169 | (5) The Department of Revenue shall adopt rules necessary |
| 170 | to administer this section, including rules establishing |
| 171 | procedures and forms. |
| 172 | (6) Any insurer that is obligated to collect and remit the |
| 173 | tax on property insurance imposed under s. 175.101 shall be held |
| 174 | harmless from any liability, including, but not limited to, |
| 175 | liability for taxes, interest, or penalties that would otherwise |
| 176 | be due solely as a result of an assignment of an insured |
| 177 | property to an incorrect local taxing jurisdiction, based on the |
| 178 | collection and remission of the tax accruing before January 1, |
| 179 | 2005, if the insurer collects and reports this tax consistent |
| 180 | with filings for periods before January 1, 2005. Further, any |
| 181 | insurer that is obligated to collect and remit the tax on |
| 182 | property insurance imposed under this section is not subject to |
| 183 | an examination under s. 624.316 or s. 624.3161 which would occur |
| 184 | solely as a result of an assignment of an insured property to an |
| 185 | incorrect local taxing jurisdiction, based on the collection and |
| 186 | remission of such tax accruing before January 1, 2005. |
| 187 | Section 3. Section 185.015, Florida Statutes, is created |
| 188 | to read: |
| 189 | 185.015 Short title.--This chapter may be cited as the |
| 190 | "Marvin B. Clayton Police Officers Pension Trust Fund Act." |
| 191 | Section 4. Section 185.085, Florida Statutes, is created |
| 192 | to read: |
| 193 | 185.085 Determination of local premium tax situs.-- |
| 194 | (1)(a) Any insurance company that is obligated to report |
| 195 | and remit the excise tax on casualty insurance premiums imposed |
| 196 | under s. 185.08 shall be held harmless from any liability, |
| 197 | including, but not limited to, liability for taxes, interest, or |
| 198 | penalties that would otherwise be due solely as a result of an |
| 199 | assignment of an insured property to an incorrect local taxing |
| 200 | jurisdiction if the insurance company exercises due diligence in |
| 201 | applying an electronic database provided by the Department of |
| 202 | Revenue under subsection (2). Insurance companies that do not |
| 203 | use the electronic database provided by the Department of |
| 204 | Revenue or that do not exercise due diligence in applying the |
| 205 | electronic database for tax years on or after January 1, 2006, |
| 206 | are subject to a 0.5 percent penalty on the portion of the |
| 207 | premium pertaining to any insured risk that is improperly |
| 208 | assigned, whether assigned to an improper local taxing |
| 209 | jurisdiction, not assigned to a local taxing jurisdiction when |
| 210 | it should be assigned to a local taxing jurisdiction, or |
| 211 | assigned to a local taxing jurisdiction when it should not be |
| 212 | assigned to a local taxing jurisdiction. |
| 213 | (b) Any insurance company that is obligated to report and |
| 214 | remit the excise tax on commercial casualty insurance premiums |
| 215 | imposed under s. 185.08 and is unable, after due diligence, to |
| 216 | assign an insured property to a specific local taxing |
| 217 | jurisdiction for purposes of complying with paragraph(a) shall |
| 218 | remit the excise tax on commercial casualty insurance premiums |
| 219 | using a methodology of apportionment in a manner consistent with |
| 220 | the remittance for the 2004 calendar year. An insurance company |
| 221 | which makes two contacts with the agent responsible for a |
| 222 | commercial casualty insurance application for the purpose of |
| 223 | verifying information on the application necessary for the |
| 224 | assignment to the appropriate taxing jurisdiction, shall be |
| 225 | considered to have exercised due diligence. Any insurance |
| 226 | company which complies with the provisions of this paragraph |
| 227 | shall not be subject to the penalty provided in paragraph (a). |
| 228 | (2)(a) The Department of Revenue shall, subject to |
| 229 | legislative appropriation, create as soon as practical and |
| 230 | feasible, and thereafter shall maintain, an electronic database |
| 231 | that conforms to any format approved by the American National |
| 232 | Standards Institute's Accredited Standards Committee X12 and |
| 233 | that designates for each street address and address range in the |
| 234 | state, including any multiple postal street addresses applicable |
| 235 | to one street location, the local taxing jurisdiction in which |
| 236 | the street address and address range is located, and the |
| 237 | appropriate code for each such participating local taxing |
| 238 | jurisdiction, identified by one nationwide standard numeric |
| 239 | code. The nationwide standard numeric code must contain the same |
| 240 | number of numeric digits, and each digit or combination of |
| 241 | digits must refer to the same level of taxing jurisdiction |
| 242 | throughout the United States and must be in a format similar to |
| 243 | FIPS 55-3 or other appropriate standard approved by the |
| 244 | Federation of Tax Administrators and the Multistate Tax |
| 245 | Commission. Each address or address range must be provided in |
| 246 | standard postal format, including the street number, street |
| 247 | number range, street name, and zip code. Each year after the |
| 248 | creation of the initial database, the Department of Revenue |
| 249 | shall annually create and maintain a database for the current |
| 250 | tax year. Each annual database must be calendar-year specific. |
| 251 | (b)1. Each participating local taxing jurisdiction shall |
| 252 | furnish to the Department of Revenue all information needed to |
| 253 | create the electronic database as soon as practical and |
| 254 | feasible. The information furnished to the Department of Revenue |
| 255 | must specify an effective date. |
| 256 | 2. Each participating local taxing jurisdiction shall |
| 257 | furnish to the Department of Revenue all information needed to |
| 258 | create and update the current year's database, including changes |
| 259 | in annexations, incorporations, and reorganizations and any |
| 260 | other changes in jurisdictional boundaries, as well as changes |
| 261 | in eligibility to participate in the excise tax imposed under |
| 262 | this chapter. The information must specify an effective date and |
| 263 | must be furnished to the Department of Revenue by July 1 of the |
| 264 | current year. |
| 265 | 3. The Department of Revenue shall create and update the |
| 266 | current year's database in accordance with the information |
| 267 | furnished by participating local taxing jurisdictions under |
| 268 | subparagraph 1. or subparagraph 2., as appropriate. To the |
| 269 | extent practicable, the Department of Revenue shall post each |
| 270 | new annual database on a web site by September 1 of each year. |
| 271 | Each participating local taxing jurisdiction shall have access |
| 272 | to this web site and, within 30 days thereafter, shall provide |
| 273 | any corrections to the Department of Revenue. The Department of |
| 274 | Revenue shall finalize the current year's database and post it |
| 275 | on a web site by November 1 of the current year. If a dispute in |
| 276 | jurisdictional boundaries cannot be resolved so that changes in |
| 277 | boundaries may be included, as appropriate, in the database by |
| 278 | November 1, the changes may not be retroactively included in the |
| 279 | current year's database and the boundaries will remain the same |
| 280 | as in the previous year's database. The finalized database must |
| 281 | be used in assigning policies and premiums to the proper local |
| 282 | taxing jurisdiction for the insurance premium tax return due on |
| 283 | the following March 1 for the tax year 2005. For subsequent tax |
| 284 | years, the finalized database must be used in assigning policies |
| 285 | and premiums to the proper local taxing jurisdiction for the |
| 286 | insurance premium tax return due for the tax year beginning on |
| 287 | or after the January 1 following the website posting of the |
| 288 | database. Information contained in the electronic database is |
| 289 | conclusive for purposes of this chapter. The electronic database |
| 290 | is not an order, a rule, or a policy of general applicability. |
| 291 | 4. Each annual database must identify the additions, |
| 292 | deletions, and other changes to the preceding version of the |
| 293 | database. |
| 294 | (3)(a) As used in this section, the term "due diligence" |
| 295 | means the care and attention that is expected from and is |
| 296 | ordinarily exercised by a reasonable and prudent person under |
| 297 | the circumstances. |
| 298 | (b) Notwithstanding any law to the contrary, an insurance |
| 299 | company is exercising due diligence if the insurance company |
| 300 | complies with the provisions of paragraph (1)(b) or if the |
| 301 | insurance company assigns an insured's premium to local taxing |
| 302 | jurisdictions in accordance with the Department of Revenue's |
| 303 | annual database and with respect to such database: |
| 304 | 1. Expends reasonable resources to accurately and reliably |
| 305 | implement such method; |
| 306 | 2. Maintains adequate internal controls to correctly |
| 307 | include in its database of policyholders the location of the |
| 308 | property insured, in the proper address format, so that matching |
| 309 | with the department's database is accurate; and |
| 310 | 3. Corrects errors in the assignment of addresses to local |
| 311 | taxing jurisdictions within 120 days after the insurance company |
| 312 | discovers the errors. |
| 313 | (4) There is annually appropriated from the moneys |
| 314 | collected under this chapter and deposited in the Police and |
| 315 | Firefighter's Premium Tax Trust Fund an amount sufficient to pay |
| 316 | the expenses of the Department of Revenue in administering this |
| 317 | section, but not to exceed $50,000 annually, adjusted annually |
| 318 | by the lesser of a 5 percent increase or the percentage of |
| 319 | growth in the total collections. |
| 320 | (5) The Department of Revenue shall adopt rules necessary |
| 321 | to administer this section, including rules establishing |
| 322 | procedures and forms. |
| 323 | (6)(a) Notwithstanding any other law, a methodology, |
| 324 | formula, or database that is adopted in any year after January |
| 325 | 1, 2005, may not result in a distribution to a participating |
| 326 | municipality that has a retirement plan created pursuant to this |
| 327 | chapter of an amount of excise tax which is less than the amount |
| 328 | distributed to such participating municipality for calendar year |
| 329 | 2004. However, if the total proceeds to be distributed for the |
| 330 | current year from the excise tax imposed under s. 185.08 are |
| 331 | less than the total amount distributed for calendar year 2004, |
| 332 | each participating municipality shall receive a current year |
| 333 | distribution that is proportionate to its share of the total |
| 334 | 2004 calendar year distribution. If the total proceeds to be |
| 335 | distributed for the current year from the excise tax imposed |
| 336 | under s. 185.08 are greater than or equal to the total amount |
| 337 | distributed for calendar year 2004, each participating |
| 338 | municipality shall initially be distributed a minimum amount |
| 339 | equal to the amount received for calendar year 2004. The |
| 340 | remaining amount to be distributed for the current year, which |
| 341 | equals the total to be distributed for the current year, less |
| 342 | minimum distribution amount, shall be distributed to those |
| 343 | municipalities with an amount reported for the current year |
| 344 | which is greater than the amount distributed to such |
| 345 | municipality for calendar year 2004. Each municipality eligible |
| 346 | for distribution of this remaining amount shall receive its |
| 347 | proportionate share of the remaining amount based upon the |
| 348 | amount reported for that municipality, above the calendar year |
| 349 | 2004 distribution for the current year, to the total amount over |
| 350 | the calendar year 2004 distribution for all municipalities with |
| 351 | an amount reported for the current year which is greater than |
| 352 | the calendar year 2004 distribution. |
| 353 | (b) If a new municipality elects to participate under this |
| 354 | chapter during any year after January 1, 2005, such municipality |
| 355 | shall receive the total amount reported for the current- year |
| 356 | for such municipality. All other participating municipalities |
| 357 | shall receive a current year distribution, calculated as |
| 358 | provided in this section, which is proportionate to their share |
| 359 | of the total 2004 calendar year distribution after subtracting |
| 360 | the amount paid to the new participating plans. |
| 361 | (c) This subsection expires January 1, 2008. |
| 362 | (7) Any insurer that is obligated to collect and remit the |
| 363 | tax on casualty insurance imposed under s. 185.08 shall be held |
| 364 | harmless from any liability, including, but not limited to, |
| 365 | liability for taxes, interest, or penalties that would otherwise |
| 366 | be due solely as a result of an assignment of an insured risk to |
| 367 | an incorrect local taxing jurisdiction, based on the collection |
| 368 | and remission of the tax accruing before January 1, 2005, if the |
| 369 | insurer collects and reports this tax consistent with filings |
| 370 | for periods before January 1, 2005. Further, any insurer that is |
| 371 | obligated to collect and remit the tax on casualty insurance |
| 372 | imposed under this section is not subject to an examination |
| 373 | under s. 624.316 or s. 624.3161 which would occur solely as a |
| 374 | result of an assignment of an insured risk to an incorrect local |
| 375 | taxing jurisdiction, based on the collection and remission of |
| 376 | such tax accruing before January 1, 2005. |
| 377 | Section 5. Subsection (1) of section 175.351, Florida |
| 378 | Statutes, is amended to read: |
| 379 | 175.351 Municipalities and special fire control districts |
| 380 | having their own pension plans for firefighters.--For any |
| 381 | municipality, special fire control district, local law |
| 382 | municipality, local law special fire control district, or local |
| 383 | law plan under this chapter, in order for municipalities and |
| 384 | special fire control districts with their own pension plans for |
| 385 | firefighters, or for firefighters and police officers, where |
| 386 | included, to participate in the distribution of the tax fund |
| 387 | established pursuant to s. 175.101, local law plans must meet |
| 388 | the minimum benefits and minimum standards set forth in this |
| 389 | chapter. |
| 390 | (1) PREMIUM TAX INCOME.--If a municipality has a pension |
| 391 | plan for firefighters, or a pension plan for firefighters and |
| 392 | police officers, where included, which in the opinion of the |
| 393 | division meets the minimum benefits and minimum standards set |
| 394 | forth in this chapter, the board of trustees of the pension |
| 395 | plan, as approved by a majority of firefighters of the |
| 396 | municipality, may: |
| 397 | (a) Place the income from the premium tax in s. 175.101 in |
| 398 | such pension plan for the sole and exclusive use of its |
| 399 | firefighters, or for firefighters and police officers, where |
| 400 | included, where it shall become an integral part of that pension |
| 401 | plan and shall be used to pay extra benefits to the firefighters |
| 402 | included in that pension plan; or |
| 403 | (b) Place the income from the premium tax in s. 175.101 in |
| 404 | a separate supplemental plan to pay extra benefits to |
| 405 | firefighters, or to firefighters and police officers where |
| 406 | included, participating in such separate supplemental plan. |
| 407 |
|
| 408 | The premium tax provided by this chapter shall in all cases be |
| 409 | used in its entirety to provide extra benefits to firefighters, |
| 410 | or to firefighters and police officers, where included. |
| 411 | However, local law plans in effect on October 1, 1998, shall be |
| 412 | required to comply with the minimum benefit provisions of this |
| 413 | chapter only to the extent that additional premium tax revenues |
| 414 | become available to incrementally fund the cost of such |
| 415 | compliance as provided in s. 175.162(2)(a). When a plan is in |
| 416 | compliance with such minimum benefit provisions, as subsequent |
| 417 | additional premium tax revenues become available, they shall be |
| 418 | used to provide extra benefits. For the purpose of this chapter, |
| 419 | "additional premium tax revenues" means revenues received by a |
| 420 | municipality or special fire control district pursuant to s. |
| 421 | 175.121 which that exceed that amount received for calendar year |
| 422 | 1997, and the term "extra benefits" means benefits in addition |
| 423 | to or greater than those provided to general employees of the |
| 424 | municipality and in addition to those in existence for |
| 425 | firefighters on March 12, 1999. Local law plans created by |
| 426 | special act before May 23, 1939, shall be deemed to comply with |
| 427 | this chapter. |
| 428 | Section 6. Subsection (1) of section 185.35, Florida |
| 429 | Statutes, is amended to read: |
| 430 | 185.35 Municipalities having their own pension plans for |
| 431 | police officers.--For any municipality, chapter plan, local law |
| 432 | municipality, or local law plan under this chapter, in order for |
| 433 | municipalities with their own pension plans for police officers, |
| 434 | or for police officers and firefighters where included, to |
| 435 | participate in the distribution of the tax fund established |
| 436 | pursuant to s. 185.08, local law plans must meet the minimum |
| 437 | benefits and minimum standards set forth in this chapter: |
| 438 | (1) PREMIUM TAX INCOME.--If a municipality has a pension |
| 439 | plan for police officers, or for police officers and |
| 440 | firefighters where included, which, in the opinion of the |
| 441 | division, meets the minimum benefits and minimum standards set |
| 442 | forth in this chapter, the board of trustees of the pension |
| 443 | plan, as approved by a majority of police officers of the |
| 444 | municipality, may: |
| 445 | (a) Place the income from the premium tax in s. 185.08 in |
| 446 | such pension plan for the sole and exclusive use of its police |
| 447 | officers, or its police officers and firefighters where |
| 448 | included, where it shall become an integral part of that pension |
| 449 | plan and shall be used to pay extra benefits to the police |
| 450 | officers included in that pension plan; or |
| 451 | (b) May place the income from the premium tax in s. 185.08 |
| 452 | in a separate supplemental plan to pay extra benefits to the |
| 453 | police officers, or police officers and firefighters where |
| 454 | included, participating in such separate supplemental plan. |
| 455 |
|
| 456 | The premium tax provided by this chapter shall in all cases be |
| 457 | used in its entirety to provide extra benefits to police |
| 458 | officers, or to police officers and firefighters, where |
| 459 | included. However, local law plans in effect on October 1, |
| 460 | 1998, shall be required to comply with the minimum benefit |
| 461 | provisions of this chapter only to the extent that additional |
| 462 | premium tax revenues become available to incrementally fund the |
| 463 | cost of such compliance as provided in s. 185.16(2). When a plan |
| 464 | is in compliance with such minimum benefit provisions, as |
| 465 | subsequent additional tax revenues become available, they shall |
| 466 | be used to provide extra benefits. For the purpose of this |
| 467 | chapter, "additional premium tax revenues" means revenues |
| 468 | received by a municipality pursuant to s. 185.10 which that |
| 469 | exceed the amount received for calendar year 1997, and the term |
| 470 | "extra benefits" means benefits in addition to or greater than |
| 471 | those provided to general employees of the municipality and in |
| 472 | addition to those in existence for police officers on March 12, |
| 473 | 1999. Local law plans created by special act before May 23, |
| 474 | 1939, shall be deemed to comply with this chapter. |
| 475 | Section 7. Subsection (7) is added to section 175.061, |
| 476 | Florida Statutes, to read: |
| 477 | 175.061 Board of trustees; members; terms of office; |
| 478 | meetings; legal entity; costs; attorney's fees.--For any |
| 479 | municipality, special fire control district, chapter plan, local |
| 480 | law municipality, local law special fire control district, or |
| 481 | local law plan under this chapter: |
| 482 | (7) The board of trustees may, upon written request by the |
| 483 | retiree of the plan, or by a dependent, when authorized by the |
| 484 | retiree or the retiree's beneficiary, authorize the plan |
| 485 | administrator to withhold from the monthly retirement payment |
| 486 | those funds that are necessary to pay for the benefits being |
| 487 | received through the governmental entity from which the employee |
| 488 | retired, to pay the certified bargaining agent of the |
| 489 | governmental entity, and to make any payments for child support |
| 490 | or alimony. |
| 491 | Section 8. Present subsection (6) of section 185.05, |
| 492 | Florida Statutes, is redesignated as subsection (7), and a new |
| 493 | subsection (6) is added to that section, to read: |
| 494 | 185.05 Board of trustees; members; terms of office; |
| 495 | meetings; legal entity; costs; attorney's fees.--For any |
| 496 | municipality, chapter plan, local law municipality, or local law |
| 497 | plan under this chapter: |
| 498 | (6) The board of trustees may, upon written request by the |
| 499 | retiree of the plan, or by a dependent, when authorized by the |
| 500 | retiree or the retiree's beneficiary, authorize the plan |
| 501 | administrator to withhold from the monthly retirement payment |
| 502 | those funds that are necessary to pay for the benefits being |
| 503 | received through the governmental entity from which the employee |
| 504 | retired, to pay the certified bargaining agent of the |
| 505 | governmental entity, and to make any payments for child support |
| 506 | or alimony. |
| 507 | Section 9. The sum of $300,000 is appropriated from the |
| 508 | General Revenue Fund to the Department of Revenue for the one- |
| 509 | time expense of creating the original database called for by |
| 510 | sections 1 and 2 of this act and to support the implementation |
| 511 | process for use of the database. It is the intent of the |
| 512 | Legislature in providing this appropriation that the database |
| 513 | for sections 1 and 2 of this act be available for use in |
| 514 | determining the allocation of premiums to the various |
| 515 | municipalities and special fire control districts for the 2005 |
| 516 | insurance premium tax return that is due by March 1, 2006. |
| 517 | Section 10. The Legislature finds that a proper and |
| 518 | legitimate state purpose is served when employees and retirees |
| 519 | of the state and its political subdivisions, and the dependents, |
| 520 | survivors, and beneficiaries of such employees and retirees, are |
| 521 | extended the basic protections afforded by governmental |
| 522 | retirement systems. These persons must be provided benefits that |
| 523 | are fair and adequate and that are managed, administered, and |
| 524 | funded in an actuarially sound manner, as required by Section |
| 525 | 14, Article X of the State Constitution, and part VII of chapter |
| 526 | 112, Florida Statutes. Therefore, the Legislature determines and |
| 527 | declares that this act fulfills an important state interest. |
| 528 | Section 11. This act shall take effect upon becoming a |
| 529 | law. |