CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  The City of Tampa is authorized and

19  empowered to enter into a supplemental contract with each

20  firefighter or police officer who became an active or

21  contributing member of the City Pension Fund for Firefighters

22  and Police Officers in the City of Tampa on or after October

23  16, 1992, or who hereafter enters into a pension contract with

24  the City, amending Section 25 of the City of Tampa

25  Firefighters and Police Officers Pension Contract as

26  prescribed by Section 28-17 of the City of Tampa Code

27  (Ordinance No. 4746-A, enacted September 30, 1969), as amended

28  by Section 28-19 of the City of Tampa Code (Ordinance No.

29  6038-A, enacted September 17, 1974), pursuant to chapter

30  74-613, Laws of Florida, as further amended by chapter 92-231,

31  Laws of Florida, chapter 94-463, Laws of Florida, and chapter

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)





 1  98-515, Laws of Florida, to read:

 2         Section 25.

 3         (A)  To the extent that any provision of this contract

 4  is in conflict with sections 112.60-.67, Florida Statutes, or

 5  other these provisions of the Florida Statutes made applicable

 6  to the Fund, excluding chapters 175 and 185, Florida Statutes,

 7  that apply to local law plans established by municipal

 8  ordinance or special act, or provisions of Florida Statutes

 9  made applicable to pension funds established by special act,

10  these provisions of Florida Statutes shall prevail. To the

11  extent that any provision of this contract would result in a

12  forfeiture of the right of the Pension Fund to participate in

13  the distribution of the tax funds established in chapters 175

14  and 185, Florida Statutes, those provisions of the Florida

15  Statutes shall prevail.

16         (B)  To the extent that any provision of this contract

17  would result in the loss of the tax-exempt status of the Fund,

18  such contractual provision shall be null and void.

19         (C)  To the extent any provision of this contract is

20  not in compliance with the minimum benefits provisions of

21  chapters 175 and 185, Florida Statutes, that apply to the

22  Fund, the non-compliance with which would result in a

23  forfeiture of the right the loss of tax exempt status of the

24  Fund, such contractual provision shall be null and void. to

25  participate in the distribution of the premium tax funds

26  established in chapters 175 and 185, Florida Statutes, the

27  City is authorized to amend this contract by local ordinance

28  to cure such non-compliance, only to the extent that

29  additional premium tax revenues become available to

30  incrementally fund the cost of such compliance, such ordinance

31  is consistent with the terms of a collective bargaining

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)





 1  agreement entered into among the City and the certified

 2  bargaining agents for firefighters and police officers, the

 3  procedures for the adoption of such ordinance are consistent

 4  with section 112.63(3), Florida Statutes, and such ordinance

 5  is adopted prior to March 31, 2003. Any local ordinance

 6  adopted by the City pursuant to this subparagraph shall be

 7  incorporated by reference into the pension contract of each

 8  firefighter and police officer who is an active or

 9  contributing member of the Fund on the date the amendments to

10  such contract provided in such ordinance become effective.

11         (D)  To the extent that any provision of this contract

12  is not in compliance with the minimum standards provisions of

13  chapters 175 and 185, Florida Statutes, that apply to the

14  Fund, the non-compliance with which would result in a

15  forfeiture of the right of the Fund to participate in the

16  distribution of the premium tax funds established in chapters

17  175 and 185, Florida Statutes, the City is authorized to amend

18  this contract by local ordinance to cure such non-compliance,

19  provided such ordinance is consistent with the terms of a

20  collective bargaining agreement entered into among the City

21  and the certified bargaining agents for firefighters and

22  police officers, and such ordinance is adopted prior to March

23  31, 2003. Any local ordinance adopted by the City pursuant to

24  this subparagraph shall be incorporated by reference into the

25  pension contract of each firefighter and police officer who is

26  an active or contributing member of the Fund on the date the

27  amendments to such contract provided in such ordinance become

28  effective.

29         Section 2.  The City of Tampa is authorized and

30  empowered to enter into a supplemental contract with each

31  firefighter or police officer who became an active or

                                  3

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)





 1  contributing member of the City Pension Fund for Firefighters

 2  and Police Officers in the City of Tampa prior to October 16,

 3  1992, creating Section 25 of the City of Tampa Firefighters

 4  and Police Officers Pension Contract to read:

 5         Section 25.

 6         (A)  To the extent that any provision of this contract

 7  is in conflict with sections 112.60-.67, Florida Statutes, or

 8  other provisions of the Florida Statutes made applicable to

 9  the Fund, excluding chapters 175 and 185, Florida Statutes,

10  those provisions of the Florida Statutes shall prevail.

11         (B)  To the extent that any provision of this contract

12  would result in the loss of the tax-exempt status of the Fund,

13  such contractual provision shall be null and void.

14         (C)  To the extent that any provision of this contract

15  is not in compliance with the minimum benefits provisions of

16  chapters 175 and 185, Florida Statutes, that apply to the

17  Fund, the non-compliance with which would result in a

18  forfeiture of the right of the Fund to participate in the

19  distribution of the premium tax funds established in chapters

20  175 and 185, Florida Statutes, the City is authorized to amend

21  this contract by local ordinance to cure such non-compliance,

22  only to the extent that additional premium tax revenues become

23  available to incrementally fund the cost of such compliance,

24  such ordinance is consistent with the terms of a collective

25  bargaining agreement entered into among the City and the

26  certified bargaining agents for firefighters and police

27  officers, the procedures for the adoption of such ordinance

28  are consistent with section 112.63(3), Florida Statutes, and

29  such ordinance is adopted prior to March 31, 2003. Any local

30  ordinance adopted by the City pursuant to this subparagraph

31  shall be incorporated by reference into the pension contract

                                  4

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)





 1  of each firefighter and police officer who is an active or

 2  contributing member of the Fund on the date the amendments to

 3  such contract provided in such ordinance become effective.

 4         (D)  To the extent that any provision of this contract

 5  is not in compliance with the minimum standards provisions to

 6  chapters 175 and 185, Florida Statutes, that apply to the

 7  Fund, the non-compliance with which would result in a

 8  forfeiture of the right of the Fund to participate in the

 9  distribution of the premium tax funds established in chapters

10  175 and 185, Florida Statutes, the City is authorized to amend

11  this contract by local ordinance to cure such non-compliance,

12  provided such ordinance is consistent with the terms of a

13  collective bargaining agreement entered into among the City

14  and the certified bargaining agents for firefighters and

15  police officers, and such ordinance is adopted prior to March

16  31, 2003. Any local ordinance adopted by the City pursuant to

17  this subparagraph shall be incorporated by reference into the

18  pension contract of each firefighter and police officer who is

19  an active or contributing member of the Fund on the date the

20  amendments to such contract provided in such ordinance become

21  effective.

22         Section 3.  The City of Tampa Firefighters and Police

23  Officers Pension Contract as prescribed by Section 28-17 of

24  the City of Tampa Code (Ordinance No. 4746-A, enacted

25  September 30, 1969), as amended by Section 28-19 of the City

26  of Tampa Code (Ordinance No. 6038-A, enacted September 17,

27  1974), pursuant to chapter 74-613, Laws of Florida; as further

28  amended by Ordinance No. 89-314, enacted December 21, 1989,

29  and approved, ratified, validated, and confirmed by chapter

30  90-391, Laws of Florida, and as further amended by chapter

31  94-463, Laws of Florida, and chapter 98-515, Laws of Florida,

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1805

    Amendment No.     (for drafter's use only)





 1  is in all other respects approved, ratified, validated, and

 2  confirmed.

 3         Section 4.  This act shall take effect upon becoming a

 4  law.

 5

 6

 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9  remove from the title of the bill:  the entire title

10

11  and insert in lieu thereof:

12                  A bill to be entitled

13         An act relating to the City of Tampa,

14         Hillsborough County, and particularly to the

15         City Pension Fund for Firefighters and Police

16         Officers in the City of Tampa; authorizing the

17         City of Tampa to enter into a supplemental

18         contract with certain firefighters and police

19         officers to provide for compliance with the

20         minimum standards and benefits with respect to

21         pension funds provided under chapters 175 and

22         185, Florida Statutes; confirming in part the

23         City of Tampa Firefighters and Police Officers

24         Pension Contract; providing an effective date.

25

26

27

28

29

30

31

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