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