| 1 | A bill to be entitled | 
| 2 | An act relating to public employees; amending s.  | 
| 3 | 112.18, F.S.; revising conditions under which certain  | 
| 4 | firefighters, law enforcement officers, correctional  | 
| 5 | officers, or correctional probations officers who  | 
| 6 | suffer or have died from any of specified medical  | 
| 7 | conditions are presumed to have been injured or killed  | 
| 8 | accidentally and in the line of duty; revising the  | 
| 9 | conditions under which the presumption with respect to  | 
| 10 | disability due to any of specified diseases is against  | 
| 11 | occurrence in the line of duty for purposes of  | 
| 12 | workers' compensation claims; changing an evidentiary  | 
| 13 | standard; amending s. 175.061, F.S.; providing duties  | 
| 14 | of the board of trustees relating to the reporting of  | 
| 15 | expenses and the operation under an administrative  | 
| 16 | expense budget; amending s. 175.071, F.S.; revising  | 
| 17 | requirements of the board relating to the employment  | 
| 18 | of legal counsel, actuaries, and other advisers;  | 
| 19 | amending s. 175.101, F.S.; providing for the  | 
| 20 | discontinuation of excise taxes under certain  | 
| 21 | conditions; amending s. 175.231, F.S.; providing  | 
| 22 | medical conditions or behaviors that are appropriate  | 
| 23 | for consideration in denying or overcoming the  | 
| 24 | presumption of accidental disabilities or death  | 
| 25 | suffered in the line of duty for firefighters;  | 
| 26 | changing an evidentiary standard; amending s. 175.351,  | 
| 27 | F.S.; revising provisions relating to benefits paid  | 
| 28 | from the premium tax by a municipality or special fire  | 
| 29 | control district that has its own pension plan;  | 
| 30 | providing definitions; providing a process for  | 
| 31 | determining the allocation of the premium tax revenues  | 
| 32 | to a supplemental plan; amending s. 175.361, F.S.;  | 
| 33 | providing certain powers and responsibilities to  | 
| 34 | municipalities and special fire control districts  | 
| 35 | relating to termination of plans and distribution of  | 
| 36 | funds; amending s. 185.02, F.S.; revising the  | 
| 37 | definition of the term "compensation" or "salary" for  | 
| 38 | purposes of police officers' pensions; amending s.  | 
| 39 | 185.05, F.S.; authorizing a municipality to change the  | 
| 40 | municipal representation of the board of trustees  | 
| 41 | pursuant to certain requirements; providing duties of  | 
| 42 | the board of trustees relating to the reporting of  | 
| 43 | expenses and the operation under an administrative  | 
| 44 | expense budget; amending s. 185.06, F.S.; revising  | 
| 45 | requirements of the board relating to the employment  | 
| 46 | of legal counsel, actuaries, and other advisers;  | 
| 47 | amending s. 185.08, F.S.; providing for the  | 
| 48 | discontinuation of excise taxes under certain  | 
| 49 | conditions; amending s. 185.34, F.S.; providing  | 
| 50 | medical conditions or behaviors that are appropriate  | 
| 51 | for consideration in denying or overcoming the  | 
| 52 | presumption of accidental disabilities or death  | 
| 53 | suffered in the line of duty for police officers;  | 
| 54 | changing an evidentiary standard; amending s. 185.35,  | 
| 55 | F.S.; revising provisions relating to benefits paid by  | 
| 56 | a municipality that has its own pension plan;  | 
| 57 | providing definitions; providing a process for  | 
| 58 | determining the allocation of the premium tax revenues  | 
| 59 | to a supplemental plan; amending s. 185.37, F.S.;  | 
| 60 | providing certain powers and responsibilities to  | 
| 61 | municipalities relating to termination of plans and  | 
| 62 | distribution of funds; providing a declaration of  | 
| 63 | important state interest; providing an effective date. | 
| 64 | 
  | 
| 65 | Be It Enacted by the Legislature of the State of Florida: | 
| 66 | 
  | 
| 67 |      Section 1.  Section 112.18, Florida Statutes, is amended to  | 
| 68 | read: | 
| 69 |      112.18  Firefighters and law enforcement or correctional  | 
| 70 | officers; special provisions relative to disability.- | 
| 71 |      (1)(a)  Any condition or impairment of health of any  | 
| 72 | Florida state, municipal, county, port authority, special tax  | 
| 73 | district, or fire control district firefighter or any law  | 
| 74 | enforcement officer, correctional officer, or correctional  | 
| 75 | probation officer as defined in s. 943.10(1), (2), or (3), who  | 
| 76 | has been employed by the current employer for at least 5 years  | 
| 77 | and who is less than 37 years of age, caused by tuberculosis,  | 
| 78 | heart disease, or hypertension resulting in total or partial  | 
| 79 | disability or death shall be presumed to have been accidental  | 
| 80 | and to have been suffered in the line of duty unless the  | 
| 81 | contrary be shown by a preponderance of the competent evidence.  | 
| 82 | However, any such firefighter, correctional officer,  | 
| 83 | correctional probation officer, or law enforcement officer must  | 
| 84 | have successfully passed a physical examination upon entering  | 
| 85 | into any such service as a firefighter, correctional officer,  | 
| 86 | correctional probation officer, or law enforcement officer,  | 
| 87 | which examination failed to reveal any evidence of any such  | 
| 88 | condition. Risk factors and epidemiological data relating to  | 
| 89 | nonwork-related conditions unique to an individual, such as  | 
| 90 | blood cholesterol, body mass index, history of tobacco and  | 
| 91 | alcohol use, and other medical conditions or behaviors that are  | 
| 92 | associated with the disease or condition subject to the  | 
| 93 | presumption, are appropriate for consideration in denying or  | 
| 94 | overcoming the presumption. Such presumption does not apply to  | 
| 95 | benefits payable under or granted in a policy of life insurance  | 
| 96 | or disability insurance, unless the insurer and insured have  | 
| 97 | negotiated for such additional benefits to be included in the  | 
| 98 | policy contract. | 
| 99 |      (b)1.  For any workers' compensation claim filed under this  | 
| 100 | section and chapter 440 occurring on or after July 1, 2010, a  | 
| 101 | firefighter, law enforcement officer, correctional officer, or  | 
| 102 | correctional probation officer as defined in s. 943.10(1), (2),  | 
| 103 | or (3) suffering from tuberculosis, heart disease, or  | 
| 104 | hypertension is presumed not to have incurred such disease in  | 
| 105 | the line of duty as provided in this section if the firefighter,  | 
| 106 | law enforcement officer, correctional officer, or correctional  | 
| 107 | probation officer: | 
| 108 |      a.  Departed in a material fashion from the prescribed  | 
| 109 | course of treatment of his or her personal physician and the  | 
| 110 | departure is demonstrated to have resulted in a significant  | 
| 111 | aggravation of the tuberculosis, heart disease, or hypertension  | 
| 112 | resulting in disability or increasing the disability or need for  | 
| 113 | medical treatment; or | 
| 114 |      b.  Was previously compensated pursuant to this section and  | 
| 115 | chapter 440 for tuberculosis, heart disease, or hypertension and  | 
| 116 | thereafter sustains and reports a new compensable workers'  | 
| 117 | compensation claim under this section and chapter 440, and the  | 
| 118 | firefighter, law enforcement officer, correctional officer, or  | 
| 119 | correctional probation officer has departed in a material  | 
| 120 | fashion from the prescribed course of treatment of an authorized  | 
| 121 | physician for the preexisting workers' compensation claim and  | 
| 122 | the departure is demonstrated to have resulted in a significant  | 
| 123 | aggravation of the tuberculosis, heart disease, or hypertension  | 
| 124 | resulting in disability or increasing the disability or need for  | 
| 125 | medical treatment. | 
| 126 |      2.  As used in this paragraph, "prescribed course of  | 
| 127 | treatment" means prescribed medical courses of action and  | 
| 128 | prescribed medicines for the specific disease or diseases  | 
| 129 | claimed and as documented in the prescribing physician's medical  | 
| 130 | records. | 
| 131 |      3.  If there is a dispute as to the appropriateness of the  | 
| 132 | course of treatment prescribed by a physician under sub- | 
| 133 | subparagraph 1.a. or sub-subparagraph 1.b. or whether a  | 
| 134 | departure in a material fashion from the prescribed course of  | 
| 135 | treatment is demonstrated to have resulted in a significant  | 
| 136 | aggravation of the tuberculosis, heart disease, or hypertension  | 
| 137 | resulting in disability or increasing the disability or need for  | 
| 138 | medical treatment, the firefighter, law enforcement officer,  | 
| 139 | correctional officer, or correctional probation officer is  | 
| 140 | entitled to seek an independent medical examination pursuant to  | 
| 141 | s. 440.13(5). | 
| 142 |      4.  A firefighter, law enforcement officer, correctional  | 
| 143 | officer, or correctional probation officer is not entitled to  | 
| 144 | the presumption provided in this section unless a claim for  | 
| 145 | benefits is made prior to or within 180 days after leaving the  | 
| 146 | employment of the employing agency. | 
| 147 |      (2)  This section authorizes each governmental entity  | 
| 148 | specified in subsection (1) to negotiate policy contracts for  | 
| 149 | life and disability insurance to include accidental death  | 
| 150 | benefits or double indemnity coverage which shall include the  | 
| 151 | presumption that any condition or impairment of health of any  | 
| 152 | firefighter, law enforcement officer, or correctional officer  | 
| 153 | caused by tuberculosis, heart disease, or hypertension resulting  | 
| 154 | in total or partial disability or death was accidental and  | 
| 155 | suffered in the line of duty, unless the contrary be shown by a  | 
| 156 | preponderance of the competent evidence. | 
| 157 |      Section 2.  Subsection (8) is added to section 175.061,  | 
| 158 | Florida Statutes, to read: | 
| 159 |      175.061  Board of trustees; members; terms of office;  | 
| 160 | meetings; legal entity; costs; attorney's fees.-For any  | 
| 161 | municipality, special fire control district, chapter plan, local  | 
| 162 | law municipality, local law special fire control district, or  | 
| 163 | local law plan under this chapter: | 
| 164 |      (8)  The board of trustees shall: | 
| 165 |      (a)  Provide a detailed accounting report of its expenses  | 
| 166 | for each fiscal year to the plan sponsor and the Department of  | 
| 167 | Management Services and make the report available to every  | 
| 168 | member of the plan. The report must include, but need not be  | 
| 169 | limited to, all administrative expenses that, for purposes of  | 
| 170 | this subsection, are expenses relating to any legal counsel,  | 
| 171 | actuary, plan administrator, and all other consultants, and all  | 
| 172 | travel and other expenses paid to or on behalf of the members of  | 
| 173 | the board of trustees or anyone else on behalf of the plan. | 
| 174 |      (b)  Operate under an administrative expense budget for  | 
| 175 | each fiscal year, provide a copy of the budget to the plan  | 
| 176 | sponsor, and make available a copy of the budget to plan members  | 
| 177 | before the beginning of the fiscal year. The administrative  | 
| 178 | expense budget must regulate the administrative expenses of the  | 
| 179 | board of trustees. If the board of trustees amends the  | 
| 180 | administrative expense budget, the board must provide a copy of  | 
| 181 | the amended budget to the plan sponsor and make available a copy  | 
| 182 | of the amended budget to plan members before the amendment takes  | 
| 183 | effect. | 
| 184 |      Section 3.  Subsection (7) of section 175.071, Florida  | 
| 185 | Statutes, is amended to read: | 
| 186 |      175.071  General powers and duties of board of trustees.- | 
| 187 | For any municipality, special fire control district, chapter  | 
| 188 | plan, local law municipality, local law special fire control  | 
| 189 | district, or local law plan under this chapter: | 
| 190 |      (7)  To assist the board in meeting its responsibilities  | 
| 191 | under this chapter, the board, if it so elects, and subject to  | 
| 192 | s. 175.061(8), may: | 
| 193 |      (a)  Employ independent legal counsel at the pension fund's  | 
| 194 | expense. | 
| 195 |      (b)  Employ an independent actuary, as defined in s.  | 
| 196 | 175.032(7), at the pension fund's expense. | 
| 197 |      (c)  Employ such independent professional, technical, or  | 
| 198 | other advisers as it deems necessary at the pension fund's  | 
| 199 | expense. | 
| 200 | 
  | 
| 201 | If the board chooses to use the municipality's or special  | 
| 202 | district's legal counsel or actuary, or chooses to use any of  | 
| 203 | the municipality's or special district's other professional,  | 
| 204 | technical, or other advisers, it must do so only under terms and  | 
| 205 | conditions acceptable to the board. | 
| 206 |      Section 4.  Subsection (4) is added to section 175.101,  | 
| 207 | Florida Statutes, to read: | 
| 208 |      175.101  State excise tax on property insurance premiums  | 
| 209 | authorized; procedure.-For any municipality, special fire  | 
| 210 | control district, chapter plan, local law municipality, local  | 
| 211 | law special fire control district, or local law plan under this  | 
| 212 | chapter: | 
| 213 |      (4)  If a municipality or special fire control district  | 
| 214 | revokes its participation under this chapter in accordance with  | 
| 215 | s. 175.411, the excise tax authorized by this section shall not  | 
| 216 | continue to be imposed on property insurance policies covering  | 
| 217 | property situated within the municipality or special fire  | 
| 218 | control district. | 
| 219 | 
  | 
| 220 | This section also applies to any municipality consisting of a  | 
| 221 | single consolidated government which is made up of a former  | 
| 222 | county and one or more municipalities, consolidated pursuant to  | 
| 223 | the authority in s. 3 or s. 6(e), Art. VIII of the State  | 
| 224 | Constitution, and to property insurance policies covering  | 
| 225 | property within the boundaries of the consolidated government,  | 
| 226 | regardless of whether the properties are located within one or  | 
| 227 | more separately incorporated areas within the consolidated  | 
| 228 | government, provided the properties are being provided fire  | 
| 229 | protection services by the consolidated government. This section  | 
| 230 | also applies to any municipality, as provided in s.  | 
| 231 | 175.041(3)(c), which has entered into an interlocal agreement to  | 
| 232 | receive fire protection services from another municipality  | 
| 233 | participating under this chapter. The excise tax may be levied  | 
| 234 | on all premiums collected on property insurance policies  | 
| 235 | covering property located within the corporate limits of the  | 
| 236 | municipality receiving the fire protection services, but will be  | 
| 237 | available for distribution to the municipality providing the  | 
| 238 | fire protection services. | 
| 239 |      Section 5.  Section 175.231, Florida Statutes, is amended  | 
| 240 | to read: | 
| 241 |      175.231  Diseases of firefighters suffered in line of duty;  | 
| 242 | presumption.-For any municipality, special fire control  | 
| 243 | district, chapter plan, local law municipality, local law  | 
| 244 | special fire control district, or local law plan under this  | 
| 245 | chapter, any condition or impairment of health of a firefighter,  | 
| 246 | who has been employed by the current employer for at least 5  | 
| 247 | years and who is less than 37 years of age, caused by  | 
| 248 | tuberculosis, hypertension, or heart disease resulting in total  | 
| 249 | or partial disability or death shall be presumed to have been  | 
| 250 | accidental and suffered in the line of duty unless the contrary  | 
| 251 | is shown by a preponderance of the competent evidence, provided  | 
| 252 | that such firefighter shall have successfully passed a physical  | 
| 253 | examination before entering into such service, which examination  | 
| 254 | failed to reveal any evidence of such condition. Risk factors  | 
| 255 | and epidemiological data relating to nonwork-related conditions  | 
| 256 | unique to an individual, such as blood cholesterol, body mass  | 
| 257 | index, history of tobacco and alcohol use, and other medical  | 
| 258 | conditions or behaviors that are associated with the disease or  | 
| 259 | condition subject to the presumption, are appropriate for  | 
| 260 | consideration in denying or overcoming the presumption. This  | 
| 261 | section shall be applicable to all firefighters only with  | 
| 262 | reference to pension and retirement benefits under this chapter. | 
| 263 |      Section 6.  Section 175.351, Florida Statutes, is amended  | 
| 264 | to read: | 
| 265 |      175.351  Municipalities and special fire control districts  | 
| 266 | having their own pension plans for firefighters.-For any  | 
| 267 | municipality, special fire control district, local law  | 
| 268 | municipality, local law special fire control district, or local  | 
| 269 | law plan under this chapter, in order for municipalities and  | 
| 270 | special fire control districts with their own pension plans for  | 
| 271 | firefighters, or for firefighters and police officers if  | 
| 272 | included, to participate in the distribution of the tax fund  | 
| 273 | established pursuant to s. 175.101, local law plans must meet  | 
| 274 | the minimum benefits and minimum standards set forth in this  | 
| 275 | chapter. | 
| 276 |      (1)  Notwithstanding any other provision, retirement  | 
| 277 | benefits provided pursuant to this chapter and the use of the  | 
| 278 | income from the premium tax in s. 175.101 must be determined and  | 
| 279 | implemented in accordance with the collective bargaining  | 
| 280 | process, and where collective bargaining is not applicable, in  | 
| 281 | accordance with the pension plan, except as provided in  | 
| 282 | subsection (2). If the term of a collective bargaining agreement  | 
| 283 | ends without a new collective bargaining agreement in effect,  | 
| 284 | the retirement benefits of a plan operating pursuant to this  | 
| 285 | chapter shall revert to the minimum benefit provisions of this  | 
| 286 | chapter for the period of time from the end of the collective  | 
| 287 | bargaining agreement until the effective date of the subsequent  | 
| 288 | collective bargaining agreement, and the income from the premium  | 
| 289 | tax may be used for any retirement benefit provided pursuant to  | 
| 290 | this chapter as determined unilaterally by the municipality or  | 
| 291 | special fire control district. If a municipality has a pension  | 
| 292 | plan for firefighters, or a pension plan for firefighters and  | 
| 293 | police officers if included, which in the opinion of the  | 
| 294 | division meets the minimum benefits and minimum standards set  | 
| 295 | forth in this chapter, the board of trustees of the pension  | 
| 296 | plan, as approved by a majority of firefighters of the  | 
| 297 | municipality, may: | 
| 298 |      (a)  Place the income from the premium tax in s. 175.101 in  | 
| 299 | such pension plan for the sole and exclusive use of its  | 
| 300 | firefighters, or for firefighters and police officers if  | 
| 301 | included, where it shall become an integral part of that pension  | 
| 302 | plan and shall be used to pay extra benefits to the firefighters  | 
| 303 | included in that pension plan; or | 
| 304 |      (b)  Place the income from the premium tax in s. 175.101 in  | 
| 305 | a separate supplemental plan to pay extra benefits to  | 
| 306 | firefighters, or to firefighters and police officers if  | 
| 307 | included, participating in such separate supplemental plan. | 
| 308 |      (2)  The premium tax provided by this chapter shall in all  | 
| 309 | cases be used in its entirety to provide extra benefits to  | 
| 310 | firefighters, or to firefighters and police officers if  | 
| 311 | included. For However, local law plans in effect on October 1,  | 
| 312 | 1998, that do not must comply with the minimum benefit  | 
| 313 | provisions of this chapter, as only to the extent that  | 
| 314 | additional premium tax revenues become available, such revenues  | 
| 315 | shall be used to incrementally fund the cost of such compliance  | 
| 316 | as provided in s. 175.162(2)(a). If a plan is in compliance with  | 
| 317 | such minimum benefit provisions, as subsequent additional  | 
| 318 | premium tax revenues become available, they must be used to  | 
| 319 | provide extra benefits. Local law plans created by special act  | 
| 320 | before May 27, 1939, are deemed to comply with this chapter. For  | 
| 321 | the purpose of this chapter, the term: | 
| 322 |      (a)  "additional premium tax revenues" means revenues  | 
| 323 | received by a municipality or special fire control district  | 
| 324 | pursuant to s. 175.121 which exceed that amount received for  | 
| 325 | calendar year 1997. Once a plan is in compliance with the  | 
| 326 | minimum benefit provisions of this chapter, the provisions of  | 
| 327 | subsection (1) apply. | 
| 328 |      (b)  "Extra benefits" means benefits in addition to or  | 
| 329 | greater than those provided to general employees of the  | 
| 330 | municipality and in addition to those in existence for  | 
| 331 | firefighters on March 12, 1999. | 
| 332 |      (3)  A retirement plan or amendment to a retirement plan  | 
| 333 | may not be proposed for adoption unless the proposed plan or  | 
| 334 | amendment contains an actuarial estimate of the costs involved.  | 
| 335 | The Such proposed plan or proposed plan change may not be  | 
| 336 | adopted without the approval of the municipality, special fire  | 
| 337 | control district, or, if required where permitted, the  | 
| 338 | Legislature. Copies of the proposed plan or proposed plan change  | 
| 339 | and the actuarial impact statement of the proposed plan or  | 
| 340 | proposed plan change shall be furnished to the division before  | 
| 341 | the last public hearing thereon. Such statement must also  | 
| 342 | indicate whether the proposed plan or proposed plan change is in  | 
| 343 | compliance with s. 14, Art. X of the State Constitution and  | 
| 344 | those provisions of part VII of chapter 112 which are not  | 
| 345 | expressly provided in this chapter. Notwithstanding any other  | 
| 346 | provision, only those local law plans created by special act of  | 
| 347 | legislation before May 27, 1939, are deemed to meet the minimum  | 
| 348 | benefits and minimum standards only in this chapter. | 
| 349 |      (4)  Notwithstanding any other provision, with respect to  | 
| 350 | any supplemental plan municipality: | 
| 351 |      (a)  A local law plan and a supplemental plan may continue  | 
| 352 | to use their definition of compensation or salary in existence  | 
| 353 | on March 12, 1999. | 
| 354 |      (b)  Section 175.061(1)(b) does not apply, and a local law  | 
| 355 | plan and a supplemental plan shall continue to be administered  | 
| 356 | by a board or boards of trustees numbered, constituted, and  | 
| 357 | selected as the board or boards were numbered, constituted, and  | 
| 358 | selected on December 1, 2000. | 
| 359 |      (c)  The election set forth in paragraph (1)(b) is deemed  | 
| 360 | to have been made. | 
| 361 |      (d)  The annual amount of premium tax revenues allocated to  | 
| 362 | the supplemental plan shall be determined through collective  | 
| 363 | bargaining, where applicable, and in accordance with the pension  | 
| 364 | plan where collective bargaining does not apply. If the term of  | 
| 365 | a collective bargaining agreement ends without a new collective  | 
| 366 | bargaining agreement in effect, the amount of premium tax  | 
| 367 | revenues allocated to the supplemental plan shall be determined  | 
| 368 | unilaterally by the municipality or special fire control  | 
| 369 | district for the period of time from the end of the collective  | 
| 370 | bargaining agreement until the effective date of the subsequent  | 
| 371 | collective bargaining agreement. | 
| 372 |      (5)  The retirement plan setting forth the benefits and the  | 
| 373 | trust agreement, if any, covering the duties and  | 
| 374 | responsibilities of the trustees and the regulations of the  | 
| 375 | investment of funds must be in writing, and copies made  | 
| 376 | available to the participants and to the general public. | 
| 377 |      (6)  A municipality or special fire control district may  | 
| 378 | unilaterally establish one or more new plans, or benefit levels  | 
| 379 | within a plan, which provide different benefit levels for plan  | 
| 380 | members based on the member's date of hire if the new plan or  | 
| 381 | benefit level provides pension benefits that, in the aggregate,  | 
| 382 | meet or exceed the minimum benefits set forth in this chapter,  | 
| 383 | as determined by the plan's or employer's actuary. A  | 
| 384 | municipality or special fire control district may unilaterally  | 
| 385 | elect to maintain an existing plan and join the Florida  | 
| 386 | Retirement System or establish a defined contribution retirement  | 
| 387 | plan for employees hired after a specified date. A municipality  | 
| 388 | or special fire control district choosing to operate under this  | 
| 389 | subsection shall use the premium tax provided under this chapter  | 
| 390 | for the current plan or benefit level, for any additional plan  | 
| 391 | or benefit level, for contributions to the Florida Retirement  | 
| 392 | System, or for contributions to a defined contribution  | 
| 393 | retirement plan. | 
| 394 |      Section 7.  Section 175.361, Florida Statutes, is amended  | 
| 395 | to read: | 
| 396 |      175.361  Termination of plan and distribution of fund.-For  | 
| 397 | any municipality, special fire control district, chapter plan,  | 
| 398 | local law municipality, local law special fire control district,  | 
| 399 | or local law plan under this chapter, the plan may be terminated  | 
| 400 | by the municipality or special fire control district. Upon  | 
| 401 | termination of the plan by the municipality or special fire  | 
| 402 | control district for any reason or because of a transfer,  | 
| 403 | merger, or consolidation of governmental units, services, or  | 
| 404 | functions as provided in chapter 121, or upon written notice by  | 
| 405 | the municipality or special fire control district to the board  | 
| 406 | of trustees that contributions under the plan are being  | 
| 407 | permanently discontinued, the rights of all employees to  | 
| 408 | benefits accrued to the date of such termination and the amounts  | 
| 409 | credited to the employees' accounts are nonforfeitable. The fund  | 
| 410 | shall be distributed in accordance with the following  | 
| 411 | procedures: | 
| 412 |      (1)  The board of trustees, subject to prior written  | 
| 413 | approval of the municipality or special fire control district,  | 
| 414 | shall determine the date of distribution and the asset value  | 
| 415 | required to fund all the nonforfeitable benefits after taking  | 
| 416 | into account the expenses of such distribution. The board shall  | 
| 417 | inform the municipality or special fire control district if  | 
| 418 | additional assets are required, in which event the municipality  | 
| 419 | or special fire control district shall continue to financially  | 
| 420 | support the plan until all nonforfeitable benefits have been  | 
| 421 | funded. | 
| 422 |      (2)  The board of trustees, subject to prior written  | 
| 423 | approval of the municipality or special fire control district,  | 
| 424 | shall determine the method of distribution of the asset value,  | 
| 425 | whether distribution shall be by payment in cash, by the  | 
| 426 | maintenance of another or substituted trust fund, by the  | 
| 427 | purchase of insured annuities, or otherwise, for each  | 
| 428 | firefighter entitled to benefits under the plan as specified in  | 
| 429 | subsection (3). | 
| 430 |      (3)  The board of trustees, subject to prior written  | 
| 431 | approval of the municipality or special fire control district,  | 
| 432 | shall distribute the asset value as of the date of termination  | 
| 433 | in the manner set forth in this subsection, on the basis that  | 
| 434 | the amount required to provide any given retirement income is  | 
| 435 | the actuarially computed single-sum value of such retirement  | 
| 436 | income, except that if the method of distribution determined  | 
| 437 | under subsection (2) involves the purchase of an insured  | 
| 438 | annuity, the amount required to provide the given retirement  | 
| 439 | income is the single premium payable for such annuity. The  | 
| 440 | actuarial single-sum value may not be less than the employee's  | 
| 441 | accumulated contributions to the plan, with interest if provided  | 
| 442 | by the plan, less the value of any plan benefits previously paid  | 
| 443 | to the employee. | 
| 444 |      (4)  If there is asset value remaining after the full  | 
| 445 | distribution specified in subsection (3), and after the payment  | 
| 446 | of any expenses incurred with such distribution, such excess  | 
| 447 | shall be returned to the municipality or special fire control  | 
| 448 | district, less return to the state of the state's contributions,  | 
| 449 | provided that, if the excess is less than the total  | 
| 450 | contributions made by the municipality or special fire control  | 
| 451 | district and the state to date of termination of the plan, such  | 
| 452 | excess shall be divided proportionately to the total  | 
| 453 | contributions made by the municipality or special fire control  | 
| 454 | district and the state. | 
| 455 |      (5)  The board of trustees, subject to prior written  | 
| 456 | approval of the municipality or special fire control district,  | 
| 457 | shall distribute, in accordance with subsection (2), the amounts  | 
| 458 | determined under subsection (3). | 
| 459 | 
  | 
| 460 | If, after 24 months after the date the plan terminated or the  | 
| 461 | date the board received written notice that the contributions  | 
| 462 | thereunder were being permanently discontinued, the municipality  | 
| 463 | or special fire control district or the board of trustees of the  | 
| 464 | firefighters' pension trust fund affected has not complied with  | 
| 465 | all the provisions in this section, the Department of Management  | 
| 466 | Services shall effect the termination of the fund in accordance  | 
| 467 | with this section and in the manner having the least fiscal  | 
| 468 | impact on the municipality or special fire control district. | 
| 469 |      Section 8.  Subsection (4) of section 185.02, Florida  | 
| 470 | Statutes, is amended to read: | 
| 471 |      185.02  Definitions.-For any municipality, chapter plan,  | 
| 472 | local law municipality, or local law plan under this chapter,  | 
| 473 | the following words and phrases as used in this chapter shall  | 
| 474 | have the following meanings, unless a different meaning is  | 
| 475 | plainly required by the context: | 
| 476 |      (4)  "Compensation" or "salary" means, for noncollectively  | 
| 477 | bargained service earned before July 1, 2011, or for service  | 
| 478 | earned under collective bargaining agreements in place before  | 
| 479 | July 1, 2011, the total cash remuneration including "overtime"  | 
| 480 | paid by the primary employer to a police officer for services  | 
| 481 | rendered, but not including any payments for extra duty or  | 
| 482 | special detail work performed on behalf of a second party  | 
| 483 | employer. A local law plan may limit the amount of overtime  | 
| 484 | payments which can be used for retirement benefit calculation  | 
| 485 | purposes; however, such overtime limit may not be less than 300  | 
| 486 | hours per officer per calendar year. For noncollectively  | 
| 487 | bargained service earned on or after July 1, 2011, or for  | 
| 488 | service earned under collective bargaining agreements entered  | 
| 489 | into on or after July 1, 2011, the term has the same meaning  | 
| 490 | except that when calculating retirement benefits, up to 300  | 
| 491 | hours per year in overtime compensation may be included as  | 
| 492 | specified in the plan or collective bargaining agreement, but  | 
| 493 | payments for accrued unused sick or annual leave may not be  | 
| 494 | included. | 
| 495 |      (a)  Any retirement trust fund or plan that meets the  | 
| 496 | requirements of this chapter does not, solely by virtue of this  | 
| 497 | subsection, reduce or diminish the monthly retirement income  | 
| 498 | otherwise payable to each police officer covered by the  | 
| 499 | retirement trust fund or plan. | 
| 500 |      (b)  The member's compensation or salary contributed as  | 
| 501 | employee-elective salary reductions or deferrals to any salary  | 
| 502 | reduction, deferred compensation, or tax-sheltered annuity  | 
| 503 | program authorized under the Internal Revenue Code shall be  | 
| 504 | deemed to be the compensation or salary the member would receive  | 
| 505 | if he or she were not participating in such program and shall be  | 
| 506 | treated as compensation for retirement purposes under this  | 
| 507 | chapter. | 
| 508 |      (c)  For any person who first becomes a member in any plan  | 
| 509 | year beginning on or after January 1, 1996, compensation for  | 
| 510 | that plan year may not include any amounts in excess of the  | 
| 511 | Internal Revenue Code s. 401(a)(17) limitation, as amended by  | 
| 512 | the Omnibus Budget Reconciliation Act of 1993, which limitation  | 
| 513 | of $150,000 shall be adjusted as required by federal law for  | 
| 514 | qualified government plans and shall be further adjusted for  | 
| 515 | changes in the cost of living in the manner provided by Internal  | 
| 516 | Revenue Code s. 401(a)(17)(B). For any person who first became a  | 
| 517 | member before the first plan year beginning on or after January  | 
| 518 | 1, 1996, the limitation on compensation may not be less than the  | 
| 519 | maximum compensation amount that was allowed to be taken into  | 
| 520 | account under the plan as in effect on July 1, 1993, which  | 
| 521 | limitation shall be adjusted for changes in the cost of living  | 
| 522 | since 1989 in the manner provided by Internal Revenue Code s.  | 
| 523 | 401(a)(17)(1991). | 
| 524 |      Section 9.  Subsection (8) is added to section 185.05,  | 
| 525 | Florida Statutes, to read: | 
| 526 |      185.05  Board of trustees; members; terms of office;  | 
| 527 | meetings; legal entity; costs; attorney's fees.-For any  | 
| 528 | municipality, chapter plan, local law municipality, or local law  | 
| 529 | plan under this chapter: | 
| 530 |      (8)  The board of trustees shall: | 
| 531 |      (a)  Provide a detailed accounting report of its expenses  | 
| 532 | for each fiscal year to the plan sponsor and the Department of  | 
| 533 | Management Services and make the report available to every  | 
| 534 | member of the plan. The report must include, but need not be  | 
| 535 | limited to, all administrative expenses that, for purposes of  | 
| 536 | this subsection, are expenses relating to any legal counsel,  | 
| 537 | actuary, plan administrator, and all other consultants, and all  | 
| 538 | travel and other expenses paid to or on behalf of the members of  | 
| 539 | the board of trustees or anyone else on behalf of the plan. | 
| 540 |      (b)  Operate under an administrative expense budget for  | 
| 541 | each fiscal year, provide a copy of the budget to the plan  | 
| 542 | sponsor, and make available a copy of the budget to plan members  | 
| 543 | before the beginning of the fiscal year. The administrative  | 
| 544 | expense budget must regulate the administrative expenses of the  | 
| 545 | board of trustees. If the board of trustees amends the  | 
| 546 | administrative expense budget, the board must provide a copy of  | 
| 547 | the amended budget to the plan sponsor and make available a copy  | 
| 548 | of the amended budget to plan members before the amendment takes  | 
| 549 | effect. | 
| 550 |      Section 10.  Subsection (6) of section 185.06, Florida  | 
| 551 | Statutes, is amended to read: | 
| 552 |      185.06  General powers and duties of board of trustees.-For  | 
| 553 | any municipality, chapter plan, local law municipality, or local  | 
| 554 | law plan under this chapter: | 
| 555 |      (6)  To assist the board in meeting its responsibilities  | 
| 556 | under this chapter, the board, if it so elects, and subject to  | 
| 557 | s. 185.05(8), may: | 
| 558 |      (a)  Employ independent legal counsel at the pension fund's  | 
| 559 | expense. | 
| 560 |      (b)  Employ an independent actuary, as defined in s.  | 
| 561 | 185.02(8), at the pension fund's expense. | 
| 562 |      (c)  Employ such independent professional, technical, or  | 
| 563 | other advisers as it deems necessary at the pension fund's  | 
| 564 | expense. | 
| 565 | 
  | 
| 566 | If the board chooses to use the municipality's or special  | 
| 567 | district's legal counsel or actuary, or chooses to use any of  | 
| 568 | the municipality's other professional, technical, or other  | 
| 569 | advisers, it must do so only under terms and conditions  | 
| 570 | acceptable to the board. | 
| 571 |      Section 11.  Subsection (4) is added to section 185.08,  | 
| 572 | Florida Statutes, to read: | 
| 573 |      185.08  State excise tax on casualty insurance premiums  | 
| 574 | authorized; procedure.-For any municipality, chapter plan, local  | 
| 575 | law municipality, or local law plan under this chapter: | 
| 576 |      (4)  If a municipality revokes its participation under this  | 
| 577 | chapter in accordance with s. 185.60, the excise tax authorized  | 
| 578 | by this section shall not continue to be imposed on casualty  | 
| 579 | insurance policies covering property situated within the  | 
| 580 | municipality. | 
| 581 |      Section 12.  Section 185.34, Florida Statutes, is amended  | 
| 582 | to read: | 
| 583 |      185.34  Disability in line of duty.-For any municipality,  | 
| 584 | chapter plan, local law municipality, or local law plan under  | 
| 585 | this chapter, any condition or impairment of health of any and  | 
| 586 | all police officer officers employed in the state, who has been  | 
| 587 | employed by the current employer for at least 5 years and who is  | 
| 588 | less than 37 years of age, caused by tuberculosis, hypertension,  | 
| 589 | heart disease, or hardening of the arteries, resulting in total  | 
| 590 | or partial disability or death, shall be presumed to be  | 
| 591 | accidental and suffered in line of duty unless the contrary be  | 
| 592 | shown by a preponderance of the competent evidence. Any  | 
| 593 | condition or impairment of health caused directly or proximately  | 
| 594 | by exposure, which exposure occurred in the active performance  | 
| 595 | of duty at some definite time or place without willful  | 
| 596 | negligence on the part of the police officer, resulting in total  | 
| 597 | or partial disability, shall be presumed to be accidental and  | 
| 598 | suffered in the line of duty, provided that such police officer  | 
| 599 | shall have successfully passed a physical examination upon  | 
| 600 | entering such service, which physical examination including  | 
| 601 | electrocardiogram failed to reveal any evidence of such  | 
| 602 | condition, and, further, that such presumption shall not apply  | 
| 603 | to benefits payable under or granted in a policy of life  | 
| 604 | insurance or disability insurance. Risk factors and  | 
| 605 | epidemiological data relating to nonwork-related conditions  | 
| 606 | unique to an individual, such as blood cholesterol, body mass  | 
| 607 | index, history of tobacco and alcohol use, and other medical  | 
| 608 | conditions or behaviors that are associated with the disease or  | 
| 609 | condition subject to the presumption, are appropriate for  | 
| 610 | consideration in denying or overcoming the presumption. This  | 
| 611 | section shall be applicable to all police officers only with  | 
| 612 | reference to pension and retirement benefits under this chapter. | 
| 613 |      Section 13.  Section 185.35, Florida Statutes, is amended  | 
| 614 | to read: | 
| 615 |      185.35  Municipalities having their own pension plans for  | 
| 616 | police officers.-For any municipality, chapter plan, local law  | 
| 617 | municipality, or local law plan under this chapter, in order for  | 
| 618 | municipalities with their own pension plans for police officers,  | 
| 619 | or for police officers and firefighters if included, to  | 
| 620 | participate in the distribution of the tax fund established  | 
| 621 | pursuant to s. 185.08, local law plans must meet the minimum  | 
| 622 | benefits and minimum standards set forth in this chapter.: | 
| 623 |      (1)  Notwithstanding any other provision, retirement  | 
| 624 | benefits provided pursuant to this chapter and the use of the  | 
| 625 | income from the premium tax in s. 185.08 must be determined and  | 
| 626 | implemented in accordance with the collective bargaining  | 
| 627 | process, and where collective bargaining is not applicable, in  | 
| 628 | accordance with the pension plan, except as provided in  | 
| 629 | subsection (2). If the term of a collective bargaining agreement  | 
| 630 | ends without a new collective bargaining agreement in effect,  | 
| 631 | the retirement benefits of a plan operating pursuant to this  | 
| 632 | chapter shall revert to the minimum benefit provisions of this  | 
| 633 | chapter for the period of time from the end of the collective  | 
| 634 | bargaining agreement until the effective date of the subsequent  | 
| 635 | collective bargaining agreement, and the income from the premium  | 
| 636 | tax may be used for any retirement benefit provided pursuant to  | 
| 637 | this chapter as determined unilaterally by the municipality. If  | 
| 638 | a municipality has a pension plan for police officers, or for  | 
| 639 | police officers and firefighters if included, which, in the  | 
| 640 | opinion of the division, meets the minimum benefits and minimum  | 
| 641 | standards set forth in this chapter, the board of trustees of  | 
| 642 | the pension plan, as approved by a majority of police officers  | 
| 643 | of the municipality, may: | 
| 644 |      (a)  Place the income from the premium tax in s. 185.08 in  | 
| 645 | such pension plan for the sole and exclusive use of its police  | 
| 646 | officers, or its police officers and firefighters if included,  | 
| 647 | where it shall become an integral part of that pension plan and  | 
| 648 | shall be used to pay extra benefits to the police officers  | 
| 649 | included in that pension plan; or | 
| 650 |      (b)  May place the income from the premium tax in s. 185.08  | 
| 651 | in a separate supplemental plan to pay extra benefits to the  | 
| 652 | police officers, or police officers and firefighters if  | 
| 653 | included, participating in such separate supplemental plan. | 
| 654 |      (2)  The premium tax provided by this chapter shall in all  | 
| 655 | cases be used in its entirety to provide extra benefits to  | 
| 656 | police officers, or to police officers and firefighters if  | 
| 657 | included. For However, local law plans in effect on October 1,  | 
| 658 | 1998, that do not must comply with the minimum benefit  | 
| 659 | provisions of this chapter, as only to the extent that  | 
| 660 | additional premium tax revenues become available, such revenues  | 
| 661 | shall be used to incrementally fund the cost of such compliance  | 
| 662 | as provided in s. 185.16(2). If a plan is in compliance with  | 
| 663 | such minimum benefit provisions, as subsequent additional tax  | 
| 664 | revenues become available, they shall be used to provide extra  | 
| 665 | benefits. Local law plans created by special act before May 27,  | 
| 666 | 1939, shall be deemed to comply with this chapter. For the  | 
| 667 | purpose of this chapter, the term: | 
| 668 |      (a)  "additional premium tax revenues" means revenues  | 
| 669 | received by a municipality pursuant to s. 185.10 which exceed  | 
| 670 | the amount received for calendar year 1997. Once a plan is in  | 
| 671 | compliance with the minimum benefit provisions of this chapter,  | 
| 672 | the provisions of subsection (1) apply. | 
| 673 |      (b)  "Extra benefits" means benefits in addition to or  | 
| 674 | greater than those provided to general employees of the  | 
| 675 | municipality and in addition to those in existence for police  | 
| 676 | officers on March 12, 1999. | 
| 677 |      (3)  A retirement plan or amendment to a retirement plan  | 
| 678 | may not be proposed for adoption unless the proposed plan or  | 
| 679 | amendment contains an actuarial estimate of the costs involved.  | 
| 680 | The Such proposed plan or proposed plan change may not be  | 
| 681 | adopted without the approval of the municipality or, if required  | 
| 682 | where permitted, the Legislature. Copies of the proposed plan or  | 
| 683 | proposed plan change and the actuarial impact statement of the  | 
| 684 | proposed plan or proposed plan change shall be furnished to the  | 
| 685 | division before the last public hearing thereon. Such statement  | 
| 686 | must also indicate whether the proposed plan or proposed plan  | 
| 687 | change is in compliance with s. 14, Art. X of the State  | 
| 688 | Constitution and those provisions of part VII of chapter 112  | 
| 689 | which are not expressly provided in this chapter.  | 
| 690 | Notwithstanding any other provision, only those local law plans  | 
| 691 | created by special act of legislation before May 27, 1939, are  | 
| 692 | deemed to meet the minimum benefits and minimum standards only  | 
| 693 | in this chapter. | 
| 694 |      (4)  Notwithstanding any other provision, with respect to  | 
| 695 | any supplemental plan municipality: | 
| 696 |      (a)  Section 185.02(4)(a) does not apply, and A local law  | 
| 697 | plan and a supplemental plan may continue to use their  | 
| 698 | definition of compensation or salary in existence on March 12,  | 
| 699 | 1999. | 
| 700 |      (b)  Section 185.05(1)(b) does not apply, and a local law  | 
| 701 | plan and a supplemental plan must continue to be administered by  | 
| 702 | a board or boards of trustees numbered, constituted, and  | 
| 703 | selected as the board or boards were numbered, constituted, and  | 
| 704 | selected on December 1, 2000. | 
| 705 |      (c)  The election set forth in paragraph (1)(b) is deemed  | 
| 706 | to have been made. | 
| 707 |      (d)  The annual amount of premium tax revenues allocated to  | 
| 708 | the supplemental plan shall be determined through collective  | 
| 709 | bargaining, where applicable, and in accordance with the pension  | 
| 710 | plan where collective bargaining does not apply. If the term of  | 
| 711 | a collective bargaining agreement ends without a new collective  | 
| 712 | bargaining agreement in effect, the amount of premium tax  | 
| 713 | revenues allocated to the supplemental plan shall be determined  | 
| 714 | unilaterally by the municipality for the period of time from the  | 
| 715 | end of the collective bargaining agreement until the effective  | 
| 716 | date of the subsequent collective bargaining agreement. | 
| 717 |      (5)  The retirement plan setting forth the benefits and the  | 
| 718 | trust agreement, if any, covering the duties and  | 
| 719 | responsibilities of the trustees and the regulations of the  | 
| 720 | investment of funds must be in writing and copies made available  | 
| 721 | to the participants and to the general public. | 
| 722 |      (6)  A municipality may unilaterally establish one or more  | 
| 723 | new plans, or benefit levels within a plan, which provide  | 
| 724 | different benefit levels for plan members based on the member's  | 
| 725 | date of hire if the new plan or benefit level provides pension  | 
| 726 | benefits that, in the aggregate, meet or exceed the minimum  | 
| 727 | benefits set forth in this chapter, as determined by the plan's  | 
| 728 | or employer's actuary. A municipality may unilaterally elect to  | 
| 729 | maintain an existing plan and join the Florida Retirement System  | 
| 730 | or establish a defined contribution retirement plan for  | 
| 731 | employees hired after a specified date. A municipality choosing  | 
| 732 | to operate under this subsection shall use the premium tax  | 
| 733 | provided under this chapter for the current plan or benefit  | 
| 734 | level, for any additional plan or benefit level, for  | 
| 735 | contributions to the Florida Retirement System, or for  | 
| 736 | contributions to a defined contribution retirement plan. | 
| 737 |      Section 14.  Section 185.37, Florida Statutes, is amended  | 
| 738 | to read: | 
| 739 |      185.37  Termination of plan and distribution of fund.-For  | 
| 740 | any municipality, chapter plan, local law municipality, or local  | 
| 741 | law plan under this chapter, the plan may be terminated by the  | 
| 742 | municipality. Upon termination of the plan by the municipality  | 
| 743 | for any reason, or because of a transfer, merger, or  | 
| 744 | consolidation of governmental units, services, or functions as  | 
| 745 | provided in chapter 121, or upon written notice to the board of  | 
| 746 | trustees by the municipality that contributions under the plan  | 
| 747 | are being permanently discontinued, the rights of all employees  | 
| 748 | to benefits accrued to the date of such termination or  | 
| 749 | discontinuance and the amounts credited to the employees'  | 
| 750 | accounts are nonforfeitable. The fund shall be distributed in  | 
| 751 | accordance with the following procedures: | 
| 752 |      (1)  The board of trustees, subject to prior written  | 
| 753 | approval of the municipality, shall determine the date of  | 
| 754 | distribution and the asset value required to fund all the  | 
| 755 | nonforfeitable benefits, after taking into account the expenses  | 
| 756 | of such distribution. The board shall inform the municipality if  | 
| 757 | additional assets are required, in which event the municipality  | 
| 758 | shall continue to financially support the plan until all  | 
| 759 | nonforfeitable benefits have been funded. | 
| 760 |      (2)  The board of trustees, subject to prior written  | 
| 761 | approval of the municipality, shall determine the method of  | 
| 762 | distribution of the asset value, whether distribution shall be  | 
| 763 | by payment in cash, by the maintenance of another or substituted  | 
| 764 | trust fund, by the purchase of insured annuities, or otherwise,  | 
| 765 | for each police officer entitled to benefits under the plan, as  | 
| 766 | specified in subsection (3). | 
| 767 |      (3)  The board of trustees, subject to prior written  | 
| 768 | approval of the municipality, shall distribute the asset value  | 
| 769 | as of the date of termination in the manner set forth in this  | 
| 770 | subsection, on the basis that the amount required to provide any  | 
| 771 | given retirement income is the actuarially computed single-sum  | 
| 772 | value of such retirement income, except that if the method of  | 
| 773 | distribution determined under subsection (2) involves the  | 
| 774 | purchase of an insured annuity, the amount required to provide  | 
| 775 | the given retirement income is the single premium payable for  | 
| 776 | such annuity. The actuarial single-sum value may not be less  | 
| 777 | than the employee's accumulated contributions to the plan, with  | 
| 778 | interest if provided by the plan, less the value of any plan  | 
| 779 | benefits previously paid to the employee. | 
| 780 |      (4)  If there is asset value remaining after the full  | 
| 781 | distribution specified in subsection (3), and after payment of  | 
| 782 | any expenses incurred with such distribution, such excess shall  | 
| 783 | be returned to the municipality, less return to the state of the  | 
| 784 | state's contributions, provided that, if the excess is less than  | 
| 785 | the total contributions made by the municipality and the state  | 
| 786 | to date of termination of the plan, such excess shall be divided  | 
| 787 | proportionately to the total contributions made by the  | 
| 788 | municipality and the state. | 
| 789 |      (5)  The board of trustees, subject to prior written  | 
| 790 | approval of the municipality, shall distribute, in accordance  | 
| 791 | with the manner of distribution determined under subsection (2),  | 
| 792 | the amounts determined under subsection (3). | 
| 793 | 
  | 
| 794 | If, after 24 months after the date the plan terminated or the  | 
| 795 | date the board received written notice that the contributions  | 
| 796 | thereunder were being permanently discontinued, the municipality  | 
| 797 | or the board of trustees of the municipal police officers'  | 
| 798 | retirement trust fund affected has not complied with all the  | 
| 799 | provisions in this section, the Department of Management  | 
| 800 | Services shall effect the termination of the fund in accordance  | 
| 801 | with this section and in the manner having the least fiscal  | 
| 802 | impact on the municipality. | 
| 803 |      Section 15.  The Legislature finds that a proper and  | 
| 804 | legitimate state purpose is served when employees and retirees  | 
| 805 | of the state and its political subdivisions, and the dependents,  | 
| 806 | survivors, and beneficiaries of such employees and retirees are  | 
| 807 | extended the basic protections afforded by governmental  | 
| 808 | retirement systems that provide fair and adequate benefits and  | 
| 809 | that are managed, administered, and funded in an actuarially  | 
| 810 | sound manner as required by s. 14, Art. X of the State  | 
| 811 | Constitution and part VII of chapter 112, Florida Statutes.  | 
| 812 | Therefore, the Legislature determines and declares that this act  | 
| 813 | fulfills an important state interest. | 
| 814 |      Section 16.  This act shall take effect July 1, 2012. |