Senate Bill sb0330e1
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    SB 330                                         First Engrossed
  1                      A bill to be entitled
  2         An act relating to firefighter and municipal
  3         police pensions; creating s. 175.1015, F.S.;
  4         authorizing the Department of Revenue to create
  5         and maintain a database for use by insurers
  6         that report and remit an excise tax on property
  7         insurance premiums; providing insurers with
  8         incentives for using the database; providing
  9         penalties for failure to use the database;
10         requiring local governments to provide
11         information to the department; appropriating
12         funds to the department for the administration
13         of the database; authorizing the department to
14         adopt rules; creating s. 185.085, F.S.;
15         authorizing the Department of Revenue to create
16         and maintain a database for use by insurers
17         that report and remit an excise tax on casualty
18         insurers premiums; providing incentives to
19         insurers for using the database and penalties
20         for failure to use the database; requiring
21         local governments to provide information to the
22         department; appropriating funds to the
23         department for the administration of the
24         database; authorizing the department to adopt
25         rules; providing for distribution of tax
26         revenues through 2007; amending s. 175.351,
27         F.S.; defining the term "extra benefits" with
28         respect to pension plans for firefighters;
29         amending s. 185.35, F.S.; providing for the
30         meaning of the term "extra benefits" with
31         respect to pension plans for municipal police
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    SB 330                                         First Engrossed
 1         officers; amending s. 175.061, F.S.;
 2         authorizing the plan administrator to withhold
 3         certain funds; amending s. 185.05, F.S.;
 4         authorizing the plan administrator to withhold
 5         certain funds; providing an appropriation to
 6         the Department of Revenue; providing an
 7         effective date.
 8  
 9  Be It Enacted by the Legislature of the State of Florida:
10  
11         Section 1.  Section 175.1015, Florida Statutes, is
12  created to read:
13         175.1015  Determination of local premium tax situs.--
14         (1)(a)  Any insurance company that is obligated to
15  report and remit the excise tax on property insurance premiums
16  imposed under s. 175.101 shall be held harmless from any
17  liability for taxes, interest, or penalties that would
18  otherwise be due solely as a result of an assignment of an
19  insured property to an incorrect local taxing jurisdiction if
20  the insurance company exercises due diligence in applying an
21  electronic database provided by the Department of Revenue
22  under subsection (2). Insurance companies that do not use the
23  electronic database provided by the Department of Revenue or
24  that do not exercise due diligence in applying the electronic
25  database are subject to a 0.5-percent penalty on the portion
26  of the premium pertaining to any insured risk that is
27  improperly assigned, whether assigned to an improper local
28  taxing jurisdiction, not assigned to a local taxing
29  jurisdiction when it should be assigned to a local taxing
30  jurisdiction, or assigned to a local taxing jurisdiction when
31  it should not be assigned to a local taxing jurisdiction.
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    SB 330                                         First Engrossed
 1         (b)  Any insurance company that is obligated to report
 2  and remit the excise tax on commercial property insurance
 3  premiums imposed under s. 175.101 and is unable, after due
 4  diligence, to assign an insured property to a specific local
 5  taxing jurisdiction for purposes of complying with paragraph
 6  (a) shall remit the excise tax on commercial property
 7  insurance premiums using a methodology of apportionment in a
 8  manner consistent with the remittance for the 2002 calendar
 9  year.
10         (2)(a)  The Department of Revenue shall, subject to
11  legislative appropriation, create as soon as practical and
12  feasible, and thereafter shall maintain, an electronic
13  database that conforms to any format approved by the American
14  National Standards Institute's Accredited Standards Committee
15  X12 and that designates for each street address and address
16  range in the state, including any multiple postal street
17  addresses applicable to one street location, the local taxing
18  jurisdiction in which the street address and address range is
19  located, and the appropriate code for each such participating
20  local taxing jurisdiction, identified by one nationwide
21  standard numeric code. The nationwide standard numeric code
22  must contain the same number of numeric digits, and each digit
23  or combination of digits must refer to the same level of
24  taxing jurisdiction throughout the United States and must be
25  in a format similar to FIPS 55-3 or other appropriate standard
26  approved by the Federation of Tax Administrators and the
27  Multistate Tax Commission. Each address or address range must
28  be provided in standard postal format, including the street
29  number, street number range, street name, and zip code. Each
30  year after the creation of the initial database, the
31  Department of Revenue shall annually create and maintain a
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    SB 330                                         First Engrossed
 1  database for the current tax year. Each annual database must
 2  be calendar-year specific.
 3         (b)1.  Each participating local taxing jurisdiction
 4  shall furnish to the Department of Revenue all information
 5  needed to create the electronic database as soon as practical
 6  and feasible. The information furnished to the Department of
 7  Revenue must specify an effective date.
 8         2.  Each participating local taxing jurisdiction shall
 9  furnish to the Department of Revenue all information needed to
10  create and update the current year's database, including
11  changes in annexations, incorporations, and reorganizations
12  and any other changes in jurisdictional boundaries, as well as
13  changes in eligibility to participate in the excise tax
14  imposed under this chapter. The information must specify an
15  effective date and must be furnished to the Department of
16  Revenue by July 1 of the current year.
17         3.  The Department of Revenue shall create and update
18  the current year's database in accordance with the information
19  furnished by participating local taxing jurisdictions under
20  subparagraph 1. or subparagraph 2., as appropriate. To the
21  extent practicable, the Department of Revenue shall post each
22  new annual database on a web site by September 1 of each year.
23  Each participating local taxing jurisdiction shall have access
24  to this web site and, within 30 days thereafter, shall provide
25  any corrections to the Department of Revenue. The Department
26  of Revenue shall finalize the current year's database and post
27  it on a web site by November 1 of the tax year. If a dispute
28  in jurisdictional boundaries cannot be resolved so that
29  changes in boundaries may be included, as appropriate, in the
30  database by November 1, the changes may not be retroactively
31  included in the current year's database and the boundaries
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    SB 330                                         First Engrossed
 1  will remain the same as in the previous year's database. The
 2  finalized database must be used in assigning policies and
 3  premiums to the proper local taxing jurisdiction for the
 4  insurance premium tax return due on the following March 1. The
 5  Department of Revenue shall furnish the annual database on
 6  magnetic or electronic media to any insurance company or
 7  vendor that requests the database for the sole purpose of
 8  assigning insurance premiums to the proper local taxing
 9  jurisdiction for the excise tax imposed under this chapter.
10  Information contained in the electronic database is conclusive
11  for purposes of this chapter. The electronic database is not
12  an order, a rule, or a policy of general applicability.
13         4.  Each annual database must identify the additions,
14  deletions, and other changes to the preceding version of the
15  database.
16         (3)(a)  As used in this section, the term "due
17  diligence" means the care and attention that is expected from
18  and is ordinarily exercised by a reasonable and prudent person
19  under the circumstances.
20         (b)  Notwithstanding any law to the contrary, an
21  insurance company is exercising due diligence if the insurance
22  company complies with the provisions of paragraph (1)(b) or if
23  the insurance company assigns an insured's premium to local
24  taxing jurisdictions in accordance with the Department of
25  Revenue's annual database and:
26         1.  Expends reasonable resources to accurately and
27  reliably implement such method;
28         2.  Maintains adequate internal controls to correctly
29  include in its database of policyholders the location of the
30  property insured, in the proper address format, so that
31  matching with the department's database is accurate; and
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    SB 330                                         First Engrossed
 1         3.  Corrects errors in the assignment of addresses to
 2  local taxing jurisdictions within 120 days after the insurance
 3  company discovers the errors.
 4         (4)  There is annually appropriated from the moneys
 5  collected under this chapter and deposited in the Police and
 6  Firefighter's Premium Tax Trust Fund an amount sufficient to
 7  pay the expenses of the Department of Revenue in administering
 8  this section, but not to exceed $50,000 annually, adjusted
 9  annually by the lesser of a 5-percent increase or the
10  percentage of growth in the total collections.
11         (5)  The Department of Revenue shall adopt rules
12  necessary to administer this section, including rules
13  establishing procedures and forms.
14         (6)  Any insurer that is obligated to collect and remit
15  the tax on property insurance imposed under s. 175.101 shall
16  be held harmless from any liability for taxes, interest, or
17  penalties that would otherwise be due solely as a result of an
18  assignment of an insured property to an incorrect local taxing
19  jurisdiction, based on the collection and remission of the tax
20  accruing before January 1, 2004, if the insurer collects and
21  reports this tax consistent with filings for periods before
22  January 1, 2004. Further, any insurer that is obligated to
23  collect and remit the tax on property insurance imposed under
24  this section is not subject to an examination under s. 624.316
25  or s. 624.3161 which would occur solely as a result of an
26  assignment of an insured property to an incorrect local taxing
27  jurisdiction, based on the collection and remission of such
28  tax accruing before January 1, 2004.
29         Section 2.  Section 185.085, Florida Statutes, is
30  created to read:
31         185.085  Determination of local premium tax situs.--
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    SB 330                                         First Engrossed
 1         (1)(a)  Any insurance company that is obligated to
 2  report and remit the excise tax on casualty insurance premiums
 3  imposed under s. 185.08 shall be held harmless from any
 4  liability for taxes, interest, or penalties that would
 5  otherwise be due solely as a result of an assignment of an
 6  insured property to an incorrect local taxing jurisdiction if
 7  the insurance company exercises due diligence in applying an
 8  electronic database provided by the Department of Revenue
 9  under subsection (2). Insurance companies that do not use the
10  electronic database provided by the Department of Revenue or
11  that do not exercise due diligence in applying the electronic
12  database are subject to a 0.5-percent penalty on the portion
13  of the premium pertaining to any insured risk that is
14  improperly assigned, whether assigned to an improper local
15  taxing jurisdiction, not assigned to a local taxing
16  jurisdiction when it should be assigned to a local taxing
17  jurisdiction, or assigned to a local taxing jurisdiction when
18  it should not be assigned to a local taxing jurisdiction.
19         (b)  Any insurance company that is obligated to report
20  and remit the excise tax on commercial casualty insurance
21  premiums imposed under s. 185.08 and is unable, after due
22  diligence, to assign an insured property to a specific local
23  taxing jurisdiction for purposes of complying with paragraph
24  (a) shall remit the excise tax on commercial casualty
25  insurance premiums using a methodology of apportionment in a
26  manner consistent with the remittance for the 2002 calendar
27  year.
28         (2)(a)  The Department of Revenue shall, subject to
29  legislative appropriation, create as soon as practical and
30  feasible, and thereafter shall maintain, an electronic
31  database that conforms to any format approved by the American
                                  7
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    SB 330                                         First Engrossed
 1  National Standards Institute's Accredited Standards Committee
 2  X12 and that designates for each street address and address
 3  range in the state, including any multiple postal street
 4  addresses applicable to one street location, the local taxing
 5  jurisdiction in which the street address and address range is
 6  located, and the appropriate code for each such participating
 7  local taxing jurisdiction, identified by one nationwide
 8  standard numeric code. The nationwide standard numeric code
 9  must contain the same number of numeric digits, and each digit
10  or combination of digits must refer to the same level of
11  taxing jurisdiction throughout the United States and must be
12  in a format similar to FIPS 55-3 or other appropriate standard
13  approved by the Federation of Tax Administrators and the
14  Multistate Tax Commission. Each address or address range must
15  be provided in standard postal format, including the street
16  number, street number range, street name, and zip code. Each
17  year after the creation of the initial database, the
18  Department of Revenue shall annually create and maintain a
19  database for the current tax year. Each annual database must
20  be calendar-year specific.
21         (b)1.  Each participating local taxing jurisdiction
22  shall furnish to the Department of Revenue all information
23  needed to create the electronic database as soon as practical
24  and feasible. The information furnished to the Department of
25  Revenue must specify an effective date.
26         2.  Each participating local taxing jurisdiction shall
27  furnish to the Department of Revenue all information needed to
28  create and update the current year's database, including
29  changes in annexations, incorporations, and reorganizations
30  and any other changes in jurisdictional boundaries, as well as
31  changes in eligibility to participate in the excise tax
                                  8
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    SB 330                                         First Engrossed
 1  imposed under this chapter. The information must specify an
 2  effective date and must be furnished to the Department of
 3  Revenue by July 1 of the current year.
 4         3.  The Department of Revenue shall create and update
 5  the current year's database in accordance with the information
 6  furnished by participating local taxing jurisdictions under
 7  subparagraph 1. or subparagraph 2., as appropriate. To the
 8  extent practicable, the Department of Revenue shall post each
 9  new annual database on a web site by September 1 of each year.
10  Each participating local taxing jurisdiction shall have access
11  to this web site and, within 30 days thereafter, shall provide
12  any corrections to the Department of Revenue. The Department
13  of Revenue shall finalize the current year's database and post
14  it on a web site by November 1 of the tax year. If a dispute
15  in jurisdictional boundaries cannot be resolved so that
16  changes in boundaries may be included, as appropriate, in the
17  database by November 1, the changes may not be retroactively
18  included in the current year's database and the boundaries
19  will remain the same as in the previous year's database. The
20  finalized database must be used in assigning policies and
21  premiums to the proper local taxing jurisdiction for the
22  insurance premium tax return due on the following March 1. The
23  Department of Revenue shall furnish the annual database on
24  magnetic or electronic media to any insurance company or
25  vendor that requests the database for the sole purpose of
26  assigning insurance premiums to the proper local taxing
27  jurisdiction for the excise tax imposed under this chapter.
28  Information contained in the electronic database is conclusive
29  for purposes of this chapter. The electronic database is not
30  an order, a rule, or a policy of general applicability.
31  
                                  9
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    SB 330                                         First Engrossed
 1         4.  Each annual database must identify the additions,
 2  deletions, and other changes to the preceding version of the
 3  database.
 4         (3)(a)  As used in this section, the term "due
 5  diligence" means the care and attention that is expected from
 6  and is ordinarily exercised by a reasonable and prudent person
 7  under the circumstances.
 8         (b)  Notwithstanding any law to the contrary, an
 9  insurance company is exercising due diligence if the insurance
10  company complies with the provisions of paragraph (1)(b) or if
11  the insurance company assigns an insured's premium to local
12  taxing jurisdictions in accordance with the Department of
13  Revenue's annual database and:
14         1.  Expends reasonable resources to accurately and
15  reliably implement such method;
16         2.  Maintains adequate internal controls to correctly
17  include in its database of policyholders the location of the
18  property insured, in the proper address format, so that
19  matching with the department's database is accurate; and
20         3.  Corrects errors in the assignment of addresses to
21  local taxing jurisdictions within 120 days after the insurance
22  company discovers the errors.
23         (4)  There is annually appropriated from the moneys
24  collected under this chapter and deposited in the Police and
25  Firefighter's Premium Tax Trust Fund an amount sufficient to
26  pay the expenses of the Department of Revenue in administering
27  this section, but not to exceed $50,000 annually, adjusted
28  annually by the lesser of a 5-percent increase or the
29  percentage of growth in the total collections.
30  
31  
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    SB 330                                         First Engrossed
 1         (5)  The Department of Revenue shall adopt rules
 2  necessary to administer this section, including rules
 3  establishing procedures and forms.
 4         (6)(a)  Notwithstanding any other law, no methodology,
 5  formula, or database that is adopted in any year after January
 6  1, 2004, may result in a distribution to a participating
 7  municipality that has a retirement plan created pursuant to
 8  this chapter of an amount of excise tax which is less than the
 9  amount distributed to such participating municipality for
10  calendar year 2003. However, if the total proceeds to be
11  distributed for the current year from the excise tax imposed
12  under s. 185.08 are less than the total amount distributed for
13  calendar year 2003, each participating municipality shall
14  receive a current year distribution that is proportionate to
15  its share of the total 2003 calendar year distribution. If the
16  total proceeds to be distributed for the current year from the
17  excise tax imposed under s. 185.08 are greater than or equal
18  to the total amount distributed for calendar year 2003, each
19  participating municipality shall initially be distributed a
20  minimum amount equal to the amount received for calendar year
21  2003. The remaining amount to be distributed for the current
22  year, which equals the total to be distributed for the current
23  year, less minimum distribution amount, shall be distributed
24  to those municipalities with a current-year reported amount
25  that is greater than the amount distributed to such
26  municipality for calendar year 2003. Each municipality
27  eligible for distribution of this remaining amount shall
28  receive its proportionate share of the remaining amount based
29  upon the amount reported for that municipality, above the
30  calendar year 2003 distribution for the current year, to the
31  total amount over the calendar year 2003 distribution for all
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    SB 330                                         First Engrossed
 1  municipalities with a current year reported amount that is
 2  greater than the calendar year 2003 distribution.
 3         (b)  If a new municipality elects to participate under
 4  this chapter during any year after January 1, 2004, such
 5  municipality shall receive the total amount reported for the
 6  current year for such municipality. All other participating
 7  municipalities shall receive a current year distribution,
 8  calculated as provided in this section, which is proportionate
 9  to their share of the total 2003 calendar year distribution
10  after subtracting the amount paid to the new participating
11  plans.
12         (c)  This subsection expires January 1, 2007.
13         (7)  Any insurer that is obligated to collect and remit
14  the tax on casualty insurance imposed under s. 185.08 shall be
15  held harmless from any liability for taxes, interest, or
16  penalties that would otherwise be due solely as a result of an
17  assignment of an insured risk to an incorrect local taxing
18  jurisdiction, based on the collection and remission of the tax
19  accruing before January 1, 2004, if the insurer collects and
20  reports this tax consistent with filings for periods before
21  January 1, 2004. Further, any insurer that is obligated to
22  collect and remit the tax on casualty insurance imposed under
23  this section is not subject to an examination under s. 624.316
24  or s. 624.3161 which would occur solely as a result of an
25  assignment of an insured risk to an incorrect local taxing
26  jurisdiction, based on the collection and remission of such
27  tax accruing before the effective date of this section.
28         Section 3.  Subsection (1) of section 175.351, Florida
29  Statutes, is amended to read:
30         175.351  Municipalities and special fire control
31  districts having their own pension plans for
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    SB 330                                         First Engrossed
 1  firefighters.--For any municipality, special fire control
 2  district, local law municipality, local law special fire
 3  control district, or local law plan under this chapter, in
 4  order for municipalities and special fire control districts
 5  with their own pension plans for firefighters, or for
 6  firefighters and police officers, where included, to
 7  participate in the distribution of the tax fund established
 8  pursuant to s. 175.101, local law plans must meet the minimum
 9  benefits and minimum standards set forth in this chapter.
10         (1)  PREMIUM TAX INCOME.--If a municipality has a
11  pension plan for firefighters, or a pension plan for
12  firefighters and police officers, where included, which in the
13  opinion of the division meets the minimum benefits and minimum
14  standards set forth in this chapter, the board of trustees of
15  the pension plan, as approved by a majority of firefighters of
16  the municipality, may:
17         (a)  Place the income from the premium tax in s.
18  175.101 in such pension plan for the sole and exclusive use of
19  its firefighters, or for firefighters and police officers,
20  where included, where it shall become an integral part of that
21  pension plan and shall be used to pay extra benefits to the
22  firefighters included in that pension plan; or
23         (b)  Place the income from the premium tax in s.
24  175.101 in a separate supplemental plan to pay extra benefits
25  to firefighters, or to firefighters and police officers where
26  included, participating in such separate supplemental plan.
27  
28  The premium tax provided by this chapter shall in all cases be
29  used in its entirety to provide extra benefits to
30  firefighters, or to firefighters and police officers, where
31  included.  However, local law plans in effect on October 1,
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    SB 330                                         First Engrossed
 1  1998, shall be required to comply with the minimum benefit
 2  provisions of this chapter only to the extent that additional
 3  premium tax revenues become available to incrementally fund
 4  the cost of such compliance as provided in s. 175.162(2)(a).
 5  When a plan is in compliance with such minimum benefit
 6  provisions, as subsequent additional premium tax revenues
 7  become available, they shall be used to provide extra
 8  benefits. For the purpose of this chapter, "additional premium
 9  tax revenues" means revenues received by a municipality or
10  special fire control district pursuant to s. 175.121 which
11  that exceed that amount received for calendar year 1997, and
12  the term "extra benefits" means benefits in addition to or
13  greater than those provided to general employees of the
14  municipality and in addition to those in existence for
15  firefighters on March 12, 1999. Local law plans created by
16  special act before May 23, 1939, shall be deemed to comply
17  with this chapter.
18         Section 4.  Subsection (1) of section 185.35, Florida
19  Statutes, is amended to read:
20         185.35  Municipalities having their own pension plans
21  for police officers.--For any municipality, chapter plan,
22  local law municipality, or local law plan under this chapter,
23  in order for municipalities with their own pension plans for
24  police officers, or for police officers and firefighters where
25  included, to participate in the distribution of the tax fund
26  established pursuant to s. 185.08, local law plans must meet
27  the minimum benefits and minimum standards set forth in this
28  chapter:
29         (1)  PREMIUM TAX INCOME.--If a municipality has a
30  pension plan for police officers, or for police officers and
31  firefighters where included, which, in the opinion of the
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    SB 330                                         First Engrossed
 1  division, meets the minimum benefits and minimum standards set
 2  forth in this chapter, the board of trustees of the pension
 3  plan, as approved by a majority of police officers of the
 4  municipality, may:
 5         (a)  Place the income from the premium tax in s. 185.08
 6  in such pension plan for the sole and exclusive use of its
 7  police officers, or its police officers and firefighters where
 8  included, where it shall become an integral part of that
 9  pension plan and shall be used to pay extra benefits to the
10  police officers included in that pension plan; or
11         (b)  May place the income from the premium tax in s.
12  185.08 in a separate supplemental plan to pay extra benefits
13  to the police officers, or police officers and firefighters
14  where included, participating in such separate supplemental
15  plan.
16  
17  The premium tax provided by this chapter shall in all cases be
18  used in its entirety to provide extra benefits to police
19  officers, or to police officers and firefighters, where
20  included.  However, local law plans in effect on October 1,
21  1998, shall be required to comply with the minimum benefit
22  provisions of this chapter only to the extent that additional
23  premium tax revenues become available to incrementally fund
24  the cost of such compliance as provided in s. 185.16(2). When
25  a plan is in compliance with such minimum benefit provisions,
26  as subsequent additional tax revenues become available, they
27  shall be used to provide extra benefits. For the purpose of
28  this chapter, "additional premium tax revenues" means revenues
29  received by a municipality pursuant to s. 185.10 which that
30  exceed the amount received for calendar year 1997, and the
31  term "extra benefits" means benefits in addition to or greater
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    SB 330                                         First Engrossed
 1  than those provided to general employees of the municipality
 2  and in addition to those in existence for police officers on
 3  March 12, 1999. Local law plans created by special act before
 4  May 23, 1939, shall be deemed to comply with this chapter.
 5         Section 5.  Subsection (7) is added to section 175.061,
 6  Florida Statutes, to read:
 7         175.061  Board of trustees; members; terms of office;
 8  meetings; legal entity; costs; attorney's fees.--For any
 9  municipality, special fire control district, chapter plan,
10  local law municipality, local law special fire control
11  district, or local law plan under this chapter:
12         (7)  The board of trustees may, upon written request by
13  the retiree of the plan, or by a dependent, when authorized by
14  the retiree or the retiree's beneficiary, authorize the plan
15  administrator to withhold from the monthly retirement payment
16  those funds that are necessary to pay for the benefits being
17  received through the governmental entity from which the
18  employee retired, to pay the certified bargaining agent of the
19  governmental entity, and to make any payments required by law.
20         Section 6.  Present subsection (6) of section 185.05,
21  Florida Statutes, is redesignated as subsection (7), and a new
22  subsection (6) is added to that section, to read:
23         185.05  Board of trustees; members; terms of office;
24  meetings; legal entity; costs; attorney's fees.--For any
25  municipality, chapter plan, local law municipality, or local
26  law plan under this chapter:
27         (6)  The board of trustees may, upon written request by
28  the retiree of the plan, or by a dependent, when authorized by
29  the retiree or the retiree's beneficiary, authorize the plan
30  administrator to withhold from the monthly retirement payment
31  those funds that are necessary to pay for the benefits being
                                  16
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    SB 330                                         First Engrossed
 1  received through the governmental entity from which the
 2  employee retired, to pay the certified bargaining agent of the
 3  governmental entity, and to make any payments required by law.
 4         Section 7.  The sum of $300,000 is appropriated from
 5  the General Revenue Fund to the Department of Revenue for the
 6  one-time expense of creating the original database called for
 7  by sections 1 and 2 of this act, and to support the
 8  implementation process for use of the database. It is the
 9  intent of the Legislature in providing this appropriation that
10  the database for sections 1 and 2 of this act be available for
11  use in determining the allocation of premiums to the various
12  municipalities and special fire control districts for the 2004
13  insurance premium tax return that is due by March 1, 2005.
14         Section 8.  This act shall take effect January 1, 2004.
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CODING: Words stricken are deletions; words underlined are additions.