Florida Senate - 2015                       CS for CS for SB 216
       
       
        
       By the Committees on Appropriations; and Community Affairs; and
       Senator Bradley
       
       
       
       
       576-03806-15                                           2015216c2
    1                        A bill to be entitled                      
    2         An act relating to publicly funded retirement
    3         programs; amending s. 175.041, F.S.; revising
    4         applicability of the Marvin B. Clayton Firefighters
    5         Pension Trust Fund Act; providing that any
    6         municipality that provides fire protection services to
    7         a municipal service taxing unit under an interlocal
    8         agreement is eligible to receive property insurance
    9         premium taxes; amending s. 175.101, F.S.; authorizing
   10         a municipal service taxing unit that enters into an
   11         interlocal agreement for fire protection services with
   12         another municipality to impose an excise tax on
   13         property insurance premiums; amending s. 175.111,
   14         F.S.; requiring municipal service taxing units to
   15         provide the Division of Retirement of the Department
   16         of Management Services with a certified copy of the
   17         ordinance assessing and imposing certain taxes;
   18         amending ss. 175.122 and 175.351, F.S.; revising
   19         provisions relating to the limitation of disbursement
   20         to conform to changes made by the act; amending s.
   21         175.411, F.S.; authorizing a municipal service taxing
   22         unit, under certain conditions, to revoke its
   23         participation and cease to receive property insurance
   24         premium taxes; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (3) of section 175.041, Florida
   29  Statutes, is amended to read:
   30         175.041 Firefighters’ Pension Trust Fund created;
   31  applicability of provisions.—For any municipality, special fire
   32  control district, chapter plan, local law municipality, local
   33  law special fire control district, or local law plan under this
   34  chapter:
   35         (3) The provisions of This chapter applies shall apply only
   36  to municipalities organized and established pursuant to the laws
   37  of the state and to special fire control districts. This chapter
   38  does, and said provisions shall not apply to the unincorporated
   39  areas of any county or counties except with respect to municipal
   40  service taxing units established in unincorporated areas for the
   41  purpose of receiving fire protection service from a municipality
   42  and special fire control districts that include unincorporated
   43  areas. This chapter also does not, nor shall the provisions
   44  hereof apply to any governmental entity whose firefighters are
   45  eligible to participate in the Florida Retirement System.
   46         (a) Special fire control districts that include, or consist
   47  exclusively of, unincorporated areas of one or more counties may
   48  levy and impose the tax and participate in the retirement
   49  programs enabled by this chapter.
   50         (b) With respect to the distribution of premium taxes, a
   51  single consolidated government consisting of a former county and
   52  one or more municipalities, consolidated pursuant to s. 3 or s.
   53  6(e), Art. VIII of the State Constitution, is also eligible to
   54  participate under this chapter. The consolidated government
   55  shall notify the division when it has entered into an interlocal
   56  agreement to provide fire services to a municipality within its
   57  boundaries. The municipality may enact an ordinance levying the
   58  tax as provided in s. 175.101. Upon being provided copies of the
   59  interlocal agreement and the municipal ordinance levying the
   60  tax, the division may distribute any premium taxes reported for
   61  the municipality to the consolidated government as long as the
   62  interlocal agreement is in effect.
   63         (c) Any municipality that has entered into an interlocal
   64  agreement to provide fire protection services to any other
   65  incorporated municipality or a municipal service taxing unit in
   66  an unincorporated area, in its entirety, for a period of 12
   67  months or more may be eligible to receive the premium taxes
   68  reported for such other municipality or municipal service taxing
   69  unit. In order to be eligible for such premium taxes, the
   70  municipality providing the fire services must notify the
   71  division that it has entered into an interlocal agreement with
   72  another municipality or a county on behalf of a municipal
   73  service taxing unit. The municipality receiving the fire
   74  services, or a county on behalf of the municipal service taxing
   75  unit receiving the fire services, may enact an ordinance levying
   76  the tax as provided in s. 175.101. Upon being provided copies of
   77  the interlocal agreement and the municipal ordinance levying the
   78  tax, the division may distribute any premium taxes reported for
   79  the municipality or municipal service taxing unit receiving the
   80  fire services to the participating municipality providing the
   81  fire services as long as the interlocal agreement is in effect.
   82         Section 2. Subsections (1) and (3) of section 175.101,
   83  Florida Statutes, are amended to read:
   84         175.101 State excise tax on property insurance premiums
   85  authorized; procedure.—For any municipality, special fire
   86  control district, chapter plan, local law municipality, local
   87  law special fire control district, or local law plan under this
   88  chapter:
   89         (1) Each municipality, municipal service taxing unit, or
   90  special fire control district in this state described and
   91  classified in s. 175.041, having a lawfully established
   92  firefighters’ pension trust fund or municipal fund or special
   93  fire control district fund, by whatever name known, providing
   94  pension benefits to firefighters as provided under this chapter,
   95  or receiving fire protection services from a municipality
   96  participating under this chapter, may assess and impose on every
   97  insurance company, corporation, or other insurer now engaged in
   98  or carrying on, or who shall hereinafter engage in or carry on,
   99  the business of property insurance as shown by the records of
  100  the Office of Insurance Regulation of the Financial Services
  101  Commission, an excise tax in addition to any lawful license or
  102  excise tax now levied by each of the municipalities, municipal
  103  service taxing units, or special fire control districts,
  104  respectively, amounting to 1.85 percent of the gross amount of
  105  receipts of premiums from policyholders on all premiums
  106  collected on property insurance policies covering property
  107  within the corporate limits of such municipalities or within the
  108  legally defined boundaries of municipal service taxing units or
  109  special fire control districts, respectively. Whenever the
  110  boundaries of a special fire control district that has lawfully
  111  established a firefighters’ pension trust fund encompass a
  112  portion of the corporate territory of a municipality that has
  113  also lawfully established a firefighters’ pension trust fund, or
  114  a municipal service taxing unit receiving fire protection
  115  services from a municipality participating under this chapter,
  116  that portion of the tax receipts attributable to insurance
  117  policies covering property situated both within the municipality
  118  or municipal service taxing unit, and the special fire control
  119  district shall be given to the fire service provider. For the
  120  purpose of this section, the boundaries of a special fire
  121  control district include an area that has been annexed until the
  122  completion of the 4-year period provided for in s. 171.093(4),
  123  or other agreed-upon extension, or if a special fire control
  124  district is providing services under an interlocal agreement
  125  executed in accordance with s. 171.093(3). The agent shall
  126  identify the fire service provider on the property owner’s
  127  application for insurance. Remaining revenues collected pursuant
  128  to this chapter shall be distributed to the municipality or
  129  special fire control district according to the location of the
  130  insured property.
  131         (3) This excise tax shall be payable annually on March 1 of
  132  each year after the passage of an ordinance, in the case of a
  133  municipality or municipal service taxing unit, or resolution, in
  134  the case of a special fire control district, assessing and
  135  imposing the tax authorized by this section. Installments of
  136  taxes shall be paid according to the provision of s.
  137  624.5092(2)(a), (b), and (c).
  138  
  139  This section also applies to any municipality consisting of a
  140  single consolidated government which is made up of a former
  141  county and one or more municipalities, consolidated pursuant to
  142  the authority in s. 3 or s. 6(e), Art. VIII of the State
  143  Constitution, and to property insurance policies covering
  144  property within the boundaries of the consolidated government,
  145  regardless of whether the properties are located within one or
  146  more separately incorporated areas within the consolidated
  147  government, provided the properties are being provided fire
  148  protection services by the consolidated government. This section
  149  also applies to any municipality, as provided in s.
  150  175.041(3)(c), which has entered into an interlocal agreement to
  151  receive fire protection services from another municipality
  152  participating under this chapter. The excise tax may be levied
  153  on all premiums collected on property insurance policies
  154  covering property located within the corporate limits of the
  155  municipality receiving the fire protection services, but will be
  156  available for distribution to the municipality providing the
  157  fire protection services.
  158         Section 3. Section 175.111, Florida Statutes, is amended to
  159  read:
  160         175.111 Certified copy of ordinance or resolution filed;
  161  insurance companies’ annual report of premiums; duplicate files;
  162  book of accounts.—For any municipality, municipal service taxing
  163  unit, special fire control district, chapter plan, local law
  164  municipality, local law special fire control district, or local
  165  law plan under this chapter, whenever any municipality, or any
  166  county on behalf of a municipal service taxing unit, passes an
  167  ordinance or whenever any special fire control district passes a
  168  resolution establishing a chapter plan or local law plan
  169  assessing and imposing the taxes authorized in s. 175.101, a
  170  certified copy of such ordinance or resolution shall be
  171  deposited with the division. Thereafter every insurance company,
  172  association, corporation, or other insurer carrying on the
  173  business of property insurance on real or personal property, on
  174  or before the succeeding March 1 after date of the passage of
  175  the ordinance or resolution, shall report fully in writing and
  176  under oath to the division and the Department of Revenue a just
  177  and true account of all premiums by such insurer received for
  178  property insurance policies covering or insuring any real or
  179  personal property located within the corporate limits of each
  180  such municipality, municipal service taxing unit, or special
  181  fire control district during the period of time elapsing between
  182  the date of the passage of the ordinance or resolution and the
  183  end of the calendar year. The report shall include the code
  184  designation as prescribed by the division for each piece of
  185  insured property, real or personal, located within the corporate
  186  limits of each municipality and within the legally defined
  187  boundaries of each special fire control district and municipal
  188  service taxing unit. The aforesaid insurer shall annually
  189  thereafter, on March 1, file with the Department of Revenue a
  190  similar report covering the preceding year’s premium receipts,
  191  and every such insurer at the same time of making such reports
  192  shall pay to the Department of Revenue the amount of the tax
  193  hereinbefore mentioned. Every insurer engaged in carrying on
  194  such insurance business in the state shall keep accurate books
  195  of accounts of all such business done by it within the corporate
  196  limits of each such municipality and within the legally defined
  197  boundaries of each such special fire control district and
  198  municipal service taxing unit, and in such manner as to be able
  199  to comply with the provisions of this chapter. Based on the
  200  insurers’ reports of premium receipts, the division shall
  201  prepare a consolidated premium report and shall furnish to any
  202  municipality, municipal service taxing unit, or special fire
  203  control district requesting the same a copy of the relevant
  204  section of that report.
  205         Section 4. Section 175.122, Florida Statutes, is amended to
  206  read:
  207         175.122 Limitation of disbursement.—For any municipality,
  208  municipal service taxing unit, special fire control district,
  209  chapter plan, local law municipality, local law special fire
  210  control district, or local law plan under this chapter, any
  211  municipality, municipal service taxing unit, or special fire
  212  control district participating in the firefighters’ pension
  213  trust fund pursuant to the provisions of this chapter, whether
  214  under a chapter plan or local law plan, shall be limited to
  215  receiving any moneys from such fund in excess of that produced
  216  by one-half of the excise tax, as provided for in s. 175.101;
  217  however, any such municipality, municipal service taxing unit,
  218  or special fire control district receiving less than 6 percent
  219  of its fire department payroll from such fund shall be entitled
  220  to receive from such fund the amount determined under s.
  221  175.121, in excess of one-half of the excise tax, not to exceed
  222  6 percent of its fire department payroll. Payroll amounts of
  223  members included in the Florida Retirement System shall not be
  224  included.
  225         Section 5. Section 175.351, Florida Statutes, is amended to
  226  read:
  227         175.351 Municipalities, municipal service taxing units, and
  228  special fire control districts having their own pension plans
  229  for firefighters.—For any municipality, municipal service taxing
  230  unit, special fire control district, local law municipality,
  231  local law special fire control district, or local law plan under
  232  this chapter, in order for municipalities, municipal service
  233  taxing units, and special fire control districts with their own
  234  pension plans for firefighters, or for firefighters and police
  235  officers if included, to participate in the distribution of the
  236  tax fund established pursuant to s. 175.101, local law plans
  237  must meet the minimum benefits and minimum standards set forth
  238  in this chapter.
  239         (1) If a municipality has a pension plan for firefighters,
  240  or a pension plan for firefighters and police officers if
  241  included, which in the opinion of the division meets the minimum
  242  benefits and minimum standards set forth in this chapter, the
  243  board of trustees of the pension plan, as approved by a majority
  244  of firefighters of the municipality, may:
  245         (a) Place the income from the premium tax in s. 175.101 in
  246  such pension plan for the sole and exclusive use of its
  247  firefighters, or for firefighters and police officers if
  248  included, where it shall become an integral part of that pension
  249  plan and shall be used to pay extra benefits to the firefighters
  250  included in that pension plan; or
  251         (b) Place the income from the premium tax in s. 175.101 in
  252  a separate supplemental plan to pay extra benefits to
  253  firefighters, or to firefighters and police officers if
  254  included, participating in such separate supplemental plan.
  255         (2) The premium tax provided by this chapter shall in all
  256  cases be used in its entirety to provide extra benefits to
  257  firefighters, or to firefighters and police officers if
  258  included. However, local law plans in effect on October 1, 1998,
  259  must comply with the minimum benefit provisions of this chapter
  260  only to the extent that additional premium tax revenues become
  261  available to incrementally fund the cost of such compliance as
  262  provided in s. 175.162(2)(a). If a plan is in compliance with
  263  such minimum benefit provisions, as subsequent additional
  264  premium tax revenues become available, they must be used to
  265  provide extra benefits. Local law plans created by special act
  266  before May 27, 1939, are deemed to comply with this chapter. For
  267  the purpose of this chapter, the term:
  268         (a) “Additional premium tax revenues” means revenues
  269  received by a municipality or special fire control district
  270  pursuant to s. 175.121 which exceed that amount received for
  271  calendar year 1997.
  272         (b) “Extra benefits” means benefits in addition to or
  273  greater than those provided to general employees of the
  274  municipality and in addition to those in existence for
  275  firefighters on March 12, 1999.
  276         (3) A retirement plan or amendment to a retirement plan may
  277  not be proposed for adoption unless the proposed plan or
  278  amendment contains an actuarial estimate of the costs involved.
  279  Such proposed plan or proposed plan change may not be adopted
  280  without the approval of the municipality, special fire control
  281  district, or, where permitted, the Legislature. Copies of the
  282  proposed plan or proposed plan change and the actuarial impact
  283  statement of the proposed plan or proposed plan change shall be
  284  furnished to the division before the last public hearing
  285  thereon. Such statement must also indicate whether the proposed
  286  plan or proposed plan change is in compliance with s. 14, Art. X
  287  of the State Constitution and those provisions of part VII of
  288  chapter 112 which are not expressly provided in this chapter.
  289  Notwithstanding any other provision, only those local law plans
  290  created by special act of legislation before May 27, 1939, are
  291  deemed to meet the minimum benefits and minimum standards only
  292  in this chapter.
  293         (4) Notwithstanding any other provision, with respect to
  294  any supplemental plan municipality:
  295         (a) A local law plan and a supplemental plan may continue
  296  to use their definition of compensation or salary in existence
  297  on March 12, 1999.
  298         (b) Section 175.061(1)(b) does not apply, and a local law
  299  plan and a supplemental plan shall continue to be administered
  300  by a board or boards of trustees numbered, constituted, and
  301  selected as the board or boards were numbered, constituted, and
  302  selected on December 1, 2000.
  303         (c) The election set forth in paragraph (1)(b) is deemed to
  304  have been made.
  305         (5) The retirement plan setting forth the benefits and the
  306  trust agreement, if any, covering the duties and
  307  responsibilities of the trustees and the regulations of the
  308  investment of funds must be in writing, and copies made
  309  available to the participants and to the general public.
  310         Section 6. Section 175.411, Florida Statutes, is amended to
  311  read:
  312         175.411 Optional participation.—A municipality, municipal
  313  service taxing unit, or special fire control district may revoke
  314  its participation under this chapter by rescinding the
  315  legislative act, ordinance, or resolution which assesses and
  316  imposes the taxes authorized in s. 175.101, and by furnishing a
  317  certified copy of such legislative act, ordinance, or resolution
  318  to the division. Thereafter, the municipality, municipal service
  319  taxing unit, or special fire control district shall be
  320  prohibited from participating under this chapter, and shall not
  321  be eligible for future premium tax moneys. Premium tax moneys
  322  previously received shall continue to be used for the sole and
  323  exclusive benefit of firefighters, or firefighters and police
  324  officers where included, and no amendment, legislative act,
  325  ordinance, or resolution shall be adopted which shall have the
  326  effect of reducing the then-vested accrued benefits of the
  327  firefighters, retirees, or their beneficiaries. The
  328  municipality, municipal service taxing unit, or special fire
  329  control district shall continue to furnish an annual report to
  330  the division as provided in s. 175.261. If the municipality,
  331  municipal service taxing unit, or special fire control district
  332  subsequently terminates the defined benefit plan, they shall do
  333  so in compliance with the provisions of s. 175.361.
  334         Section 7. This act shall take effect July 1, 2015.