HB 0251

1
A bill to be entitled
2An act relating to firefighter and municipal police
3pensions; creating s. 175.1015, F.S.; authorizing the
4Department of Revenue to create and maintain a database
5for use by insurers that report and remit an excise tax on
6property insurance premiums; providing incentives to
7insurers for using the database and penalties for failure
8to use the database; requiring local governments to
9provide information to the department; appropriating funds
10to the department for the administration of the database;
11authorizing the department to adopt rules; creating s.
12185.085, F.S.; authorizing the Department of Revenue to
13create and maintain a database for use by insurers that
14report and remit an excise tax on casualty insurers
15premiums; providing incentives to insurers for using the
16database and penalties for failure to use the database;
17requiring local governments to provide information to the
18department; appropriating funds to the department for the
19administration of the database; authorizing the department
20to adopt rules; providing for distribution of tax revenues
21through 2007; amending s. 175.351, F.S.; providing for the
22meaning of the term "extra benefits" with respect to
23pension plans for firefighters; amending s. 185.35, F.S.;
24providing for the meaning of the term "extra benefits"
25with respect to pension plans for municipal police
26officers; amending s. 175.061, F.S.; authorizing the plan
27administrator to withhold certain funds; amending s.
28185.05, F.S.; authorizing the plan administrator to
29withhold certain funds; providing an appropriation to the
30Department of Revenue; providing that the act fulfills an
31important state interest; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 175.1015, Florida Statutes, is created
36to read:
37     175.1015  Determination of local premium tax situs.--
38     (1)(a)  Any insurance company that is obligated to report
39and remit the excise tax on property insurance premiums imposed
40under s. 175.101 shall be held harmless from any liability,
41including, but not limited to, liability for taxes, interest, or
42penalties that would otherwise be due solely as a result of an
43assignment of an insured property to an incorrect local taxing
44jurisdiction if the insurance company exercises due diligence in
45applying an electronic database provided by the Department of
46Revenue under subsection (2). Insurance companies that do not
47use the electronic database provided by the Department of
48Revenue or that do not exercise due diligence in applying the
49electronic database for tax years on or after January 1, 2006,
50are subject to a 0.5 percent penalty on the portion of the
51premium pertaining to any insured risk that is improperly
52assigned, whether assigned to an improper local taxing
53jurisdiction, not assigned to a local taxing jurisdiction when
54it should be assigned to a local taxing jurisdiction, or
55assigned to a local taxing jurisdiction when it should not be
56assigned to a local taxing jurisdiction.
57     (b)  Any insurance company that is obligated to report and
58remit the excise tax on commercial property insurance premiums
59imposed under s. 175.101 and is unable, after due diligence, to
60assign an insured property to a specific local taxing
61jurisdiction for purposes of complying with paragraph(a) shall
62remit the excise tax on commercial property insurance premiums
63using a methodology of apportionment in a manner consistent with
64the remittance for the 2004 calendar year. An insurance company
65which makes two contacts with the agent responsible for a
66commercial property insurance application for the purpose of
67verifying information on the application necessary for the
68assignment to the appropriate taxing jurisdiction, shall be
69considered to have exercised due diligence. Any insurance
70company which complies with the provisions of this paragraph
71shall not be subject to the penalty provided in paragraph (a).
72     (2)(a)  The Department of Revenue shall, subject to
73legislative appropriation, create as soon as practical and
74feasible, and thereafter shall maintain, an electronic database
75that conforms to any format approved by the American National
76Standards Institute's Accredited Standards Committee X12 and
77that designates for each street address and address range in the
78state, including any multiple postal street addresses applicable
79to one street location, the local taxing jurisdiction in which
80the street address and address range is located, and the
81appropriate code for each such participating local taxing
82jurisdiction, identified by one nationwide standard numeric
83code. The nationwide standard numeric code must contain the same
84number of numeric digits, and each digit or combination of
85digits must refer to the same level of taxing jurisdiction
86throughout the United States and must be in a format similar to
87FIPS 55-3 or other appropriate standard approved by the
88Federation of Tax Administrators and the Multistate Tax
89Commission. Each address or address range must be provided in
90standard postal format, including the street number, street
91number range, street name, and zip code. Each year after the
92creation of the initial database, the Department of Revenue
93shall annually create and maintain a database for the current
94tax year. Each annual database must be calendar-year specific.
95     (b)1.  Each participating local taxing jurisdiction shall
96furnish to the Department of Revenue all information needed to
97create the electronic database as soon as practical and
98feasible. The information furnished to the Department of Revenue
99must specify an effective date.
100     2.  Each participating local taxing jurisdiction shall
101furnish to the Department of Revenue all information needed to
102create and update the current year's database, including changes
103in annexations, incorporations, and reorganizations and any
104other changes in jurisdictional boundaries, as well as changes
105in eligibility to participate in the excise tax imposed under
106this chapter. The information must specify an effective date and
107must be furnished to the Department of Revenue by July 1 of the
108current year.
109     3.  The Department of Revenue shall create and update the
110current year's database in accordance with the information
111furnished by participating local taxing jurisdictions under
112subparagraph 1. or subparagraph 2., as appropriate. To the
113extent practicable, the Department of Revenue shall post each
114new annual database on a web site by September 1 of each year.
115Each participating local taxing jurisdiction shall have access
116to this web site and, within 30 days thereafter, shall provide
117any corrections to the Department of Revenue. The Department of
118Revenue shall finalize the current year's database and post it
119on a web site by November 1 of the current year. If a dispute in
120jurisdictional boundaries cannot be resolved so that changes in
121boundaries may be included, as appropriate, in the database by
122November 1, the changes may not be retroactively included in the
123current year's database and the boundaries will remain the same
124as in the previous year's database. The finalized database must
125be used in assigning policies and premiums to the proper local
126taxing jurisdiction for the insurance premium tax return due on
127the following March 1 for the tax year 2005. For subsequent tax
128years, the finalized database must be used in assigning policies
129and premiums to the proper local taxing jurisdiction for the
130insurance premium tax return due for the tax year beginning on
131or after the January 1 following the website posting of the
132database. Information contained in the electronic database is
133conclusive for purposes of this chapter. The electronic database
134is not an order, a rule, or a policy of general applicability.
135     4.  Each annual database must identify the additions,
136deletions, and other changes to the preceding version of the
137database.
138     (3)(a)  As used in this section, the term "due diligence"
139means the care and attention that is expected from and is
140ordinarily exercised by a reasonable and prudent person under
141the circumstances.
142     (b)  Notwithstanding any law to the contrary, an insurance
143company is exercising due diligence if the insurance company
144complies with the provisions of paragraph (1)(b) or if the
145insurance company assigns an insured's premium to local taxing
146jurisdictions in accordance with the Department of Revenue's
147annual database and with respect to such database:
148     1.  Expends reasonable resources to accurately and reliably
149implement such method;
150     2.  Maintains adequate internal controls to correctly
151include in its database of policyholders the location of the
152property insured, in the proper address format, so that matching
153with the department's database is accurate; and
154     3.  Corrects errors in the assignment of addresses to local
155taxing jurisdictions within 120 days after the insurance company
156discovers the errors.
157     (4)  There is annually appropriated from the moneys
158collected under this chapter and deposited in the Police and
159Firefighter's Premium Tax Trust Fund an amount sufficient to pay
160the expenses of the Department of Revenue in administering this
161section, but not to exceed $50,000 annually, adjusted annually
162by the lesser of a 5 percent increase or the percentage of
163growth in the total collections.
164     (5)  The Department of Revenue shall adopt rules necessary
165to administer this section, including rules establishing
166procedures and forms.
167     (6)  Any insurer that is obligated to collect and remit the
168tax on property insurance imposed under s. 175.101 shall be held
169harmless from any liability, including, but not limited to,
170liability for taxes, interest, or penalties that would otherwise
171be due solely as a result of an assignment of an insured
172property to an incorrect local taxing jurisdiction, based on the
173collection and remission of the tax accruing before January 1,
1742005, if the insurer collects and reports this tax consistent
175with filings for periods before January 1, 2005. Further, any
176insurer that is obligated to collect and remit the tax on
177property insurance imposed under this section is not subject to
178an examination under s. 624.316 or s. 624.3161 which would occur
179solely as a result of an assignment of an insured property to an
180incorrect local taxing jurisdiction, based on the collection and
181remission of such tax accruing before January 1, 2005.
182     Section 2.  Section 185.085, Florida Statutes, is created
183to read:
184     185.085  Determination of local premium tax situs.--
185     (1)(a)  Any insurance company that is obligated to report
186and remit the excise tax on casualty insurance premiums imposed
187under s. 185.08 shall be held harmless from any liability,
188including, but not limited to, liability for taxes, interest, or
189penalties that would otherwise be due solely as a result of an
190assignment of an insured property to an incorrect local taxing
191jurisdiction if the insurance company exercises due diligence in
192applying an electronic database provided by the Department of
193Revenue under subsection (2). Insurance companies that do not
194use the electronic database provided by the Department of
195Revenue or that do not exercise due diligence in applying the
196electronic database for tax years on or after January 1, 2006,
197are subject to a 0.5 percent penalty on the portion of the
198premium pertaining to any insured risk that is improperly
199assigned, whether assigned to an improper local taxing
200jurisdiction, not assigned to a local taxing jurisdiction when
201it should be assigned to a local taxing jurisdiction, or
202assigned to a local taxing jurisdiction when it should not be
203assigned to a local taxing jurisdiction.
204     (b)  Any insurance company that is obligated to report and
205remit the excise tax on commercial casualty insurance premiums
206imposed under s. 185.08 and is unable, after due diligence, to
207assign an insured property to a specific local taxing
208jurisdiction for purposes of complying with paragraph(a) shall
209remit the excise tax on commercial casualty insurance premiums
210using a methodology of apportionment in a manner consistent with
211the remittance for the 2004 calendar year. An insurance company
212which makes two contacts with the agent responsible for a
213commercial property insurance application for the purpose of
214verifying information on the application necessary for the
215assignment to the appropriate taxing jurisdiction, shall be
216considered to have exercised due diligence. Any insurance
217company which complies with the provisions of this paragraph
218shall not be subject to the penalty provided in paragraph (a).
219     (2)(a)  The Department of Revenue shall, subject to
220legislative appropriation, create as soon as practical and
221feasible, and thereafter shall maintain, an electronic database
222that conforms to any format approved by the American National
223Standards Institute's Accredited Standards Committee X12 and
224that designates for each street address and address range in the
225state, including any multiple postal street addresses applicable
226to one street location, the local taxing jurisdiction in which
227the street address and address range is located, and the
228appropriate code for each such participating local taxing
229jurisdiction, identified by one nationwide standard numeric
230code. The nationwide standard numeric code must contain the same
231number of numeric digits, and each digit or combination of
232digits must refer to the same level of taxing jurisdiction
233throughout the United States and must be in a format similar to
234FIPS 55-3 or other appropriate standard approved by the
235Federation of Tax Administrators and the Multistate Tax
236Commission. Each address or address range must be provided in
237standard postal format, including the street number, street
238number range, street name, and zip code. Each year after the
239creation of the initial database, the Department of Revenue
240shall annually create and maintain a database for the current
241tax year. Each annual database must be calendar-year specific.
242     (b)1.  Each participating local taxing jurisdiction shall
243furnish to the Department of Revenue all information needed to
244create the electronic database as soon as practical and
245feasible. The information furnished to the Department of Revenue
246must specify an effective date.
247     2.  Each participating local taxing jurisdiction shall
248furnish to the Department of Revenue all information needed to
249create and update the current year's database, including changes
250in annexations, incorporations, and reorganizations and any
251other changes in jurisdictional boundaries, as well as changes
252in eligibility to participate in the excise tax imposed under
253this chapter. The information must specify an effective date and
254must be furnished to the Department of Revenue by July 1 of the
255current year.
256     3.  The Department of Revenue shall create and update the
257current year's database in accordance with the information
258furnished by participating local taxing jurisdictions under
259subparagraph 1. or subparagraph 2., as appropriate. To the
260extent practicable, the Department of Revenue shall post each
261new annual database on a web site by September 1 of each year.
262Each participating local taxing jurisdiction shall have access
263to this web site and, within 30 days thereafter, shall provide
264any corrections to the Department of Revenue. The Department of
265Revenue shall finalize the current year's database and post it
266on a web site by November 1 of the current year. If a dispute in
267jurisdictional boundaries cannot be resolved so that changes in
268boundaries may be included, as appropriate, in the database by
269November 1, the changes may not be retroactively included in the
270current year's database and the boundaries will remain the same
271as in the previous year's database. The finalized database must
272be used in assigning policies and premiums to the proper local
273taxing jurisdiction for the insurance premium tax return due on
274the following March 1 for the tax year 2005. For subsequent tax
275years, the finalized database must be used in assigning policies
276and premiums to the proper local taxing jurisdiction for the
277insurance premium tax return due for the tax year beginning on
278or after the January 1 following the website posting of the
279database. Information contained in the electronic database is
280conclusive for purposes of this chapter. The electronic database
281is not an order, a rule, or a policy of general applicability.
282     4.  Each annual database must identify the additions,
283deletions, and other changes to the preceding version of the
284database.
285     (3)(a)  As used in this section, the term "due diligence"
286means the care and attention that is expected from and is
287ordinarily exercised by a reasonable and prudent person under
288the circumstances.
289     (b)  Notwithstanding any law to the contrary, an insurance
290company is exercising due diligence if the insurance company
291complies with the provisions of paragraph (1)(b) or if the
292insurance company assigns an insured's premium to local taxing
293jurisdictions in accordance with the Department of Revenue's
294annual database and with respect to such database:
295     1.  Expends reasonable resources to accurately and reliably
296implement such method;
297     2.  Maintains adequate internal controls to correctly
298include in its database of policyholders the location of the
299property insured, in the proper address format, so that matching
300with the department's database is accurate; and
301     3.  Corrects errors in the assignment of addresses to local
302taxing jurisdictions within 120 days after the insurance company
303discovers the errors.
304     (4)  There is annually appropriated from the moneys
305collected under this chapter and deposited in the Police and
306Firefighter's Premium Tax Trust Fund an amount sufficient to pay
307the expenses of the Department of Revenue in administering this
308section, but not to exceed $50,000 annually, adjusted annually
309by the lesser of a 5 percent increase or the percentage of
310growth in the total collections.
311     (5)  The Department of Revenue shall adopt rules necessary
312to administer this section, including rules establishing
313procedures and forms.
314     (6)(a)  Notwithstanding any other law, a methodology,
315formula, or database that is adopted in any year after January
3161, 2005, may not result in a distribution to a participating
317municipality that has a retirement plan created pursuant to this
318chapter of an amount of excise tax which is less than the amount
319distributed to such participating municipality for calendar year
3202004. However, if the total proceeds to be distributed for the
321current year from the excise tax imposed under s. 185.08 are
322less than the total amount distributed for calendar year 2004,
323each participating municipality shall receive a current year
324distribution that is proportionate to its share of the total
3252004 calendar year distribution. If the total proceeds to be
326distributed for the current year from the excise tax imposed
327under s. 185.08 are greater than or equal to the total amount
328distributed for calendar year 2004, each participating
329municipality shall initially be distributed a minimum amount
330equal to the amount received for calendar year 2004. The
331remaining amount to be distributed for the current year, which
332equals the total to be distributed for the current year, less
333minimum distribution amount, shall be distributed to those
334municipalities with an amount reported for the current year
335which is greater than the amount distributed to such
336municipality for calendar year 2004. Each municipality eligible
337for distribution of this remaining amount shall receive its
338proportionate share of the remaining amount based upon the
339amount reported for that municipality, above the calendar year
3402004 distribution for the current year, to the total amount over
341the calendar year 2004 distribution for all municipalities with
342an amount reported for the current year which is greater than
343the calendar year 2004 distribution.
344     (b)  If a new municipality elects to participate under this
345chapter during any year after January 1, 2005, such municipality
346shall receive the total amount reported for the current- year
347for such municipality. All other participating municipalities
348shall receive a current year distribution, calculated as
349provided in this section, which is proportionate to their share
350of the total 2004 calendar year distribution after subtracting
351the 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
354tax on casualty insurance imposed under s. 185.08 shall be held
355harmless from any liability, including, but not limited to,
356liability for taxes, interest, or penalties that would otherwise
357be due solely as a result of an assignment of an insured risk to
358an incorrect local taxing jurisdiction, based on the collection
359and remission of the tax accruing before January 1, 2005, if the
360insurer collects and reports this tax consistent with filings
361for periods before January 1, 2005. Further, any insurer that is
362obligated to collect and remit the tax on casualty insurance
363imposed under this section is not subject to an examination
364under s. 624.316 or s. 624.3161 which would occur solely as a
365result of an assignment of an insured risk to an incorrect local
366taxing jurisdiction, based on the collection and remission of
367such tax accruing before January 1, 2005.
368     Section 3.  Subsection (1) of section 175.351, Florida
369Statutes, is amended to read:
370     175.351  Municipalities and special fire control districts
371having their own pension plans for firefighters.--For any
372municipality, special fire control district, local law
373municipality, local law special fire control district, or local
374law plan under this chapter, in order for municipalities and
375special fire control districts with their own pension plans for
376firefighters, or for firefighters and police officers, where
377included, to participate in the distribution of the tax fund
378established pursuant to s. 175.101, local law plans must meet
379the minimum benefits and minimum standards set forth in this
380chapter.
381     (1)  PREMIUM TAX INCOME.--If a municipality has a pension
382plan for firefighters, or a pension plan for firefighters and
383police officers, where included, which in the opinion of the
384division meets the minimum benefits and minimum standards set
385forth in this chapter, the board of trustees of the pension
386plan, as approved by a majority of firefighters of the
387municipality, may:
388     (a)  Place the income from the premium tax in s. 175.101 in
389such pension plan for the sole and exclusive use of its
390firefighters, or for firefighters and police officers, where
391included, where it shall become an integral part of that pension
392plan and shall be used to pay extra benefits to the firefighters
393included in that pension plan; or
394     (b)  Place the income from the premium tax in s. 175.101 in
395a separate supplemental plan to pay extra benefits to
396firefighters, or to firefighters and police officers where
397included, participating in such separate supplemental plan.
398
399The premium tax provided by this chapter shall in all cases be
400used in its entirety to provide extra benefits to firefighters,
401or to firefighters and police officers, where included.  
402However, local law plans in effect on October 1, 1998, shall be
403required to comply with the minimum benefit provisions of this
404chapter only to the extent that additional premium tax revenues
405become available to incrementally fund the cost of such
406compliance as provided in s. 175.162(2)(a). When a plan is in
407compliance with such minimum benefit provisions, as subsequent
408additional premium tax revenues become available, they shall be
409used to provide extra benefits. For the purpose of this chapter,
410"additional premium tax revenues" means revenues received by a
411municipality or special fire control district pursuant to s.
412175.121 which that exceed that amount received for calendar year
4131997, and the term "extra benefits" means benefits in addition
414to or greater than those provided to general employees of the
415municipality and in addition to those in existence for
416firefighters on March 12, 1999. Local law plans created by
417special act before May 23, 1939, shall be deemed to comply with
418this chapter.
419     Section 4.  Subsection (1) of section 185.35, Florida
420Statutes, is amended to read:
421     185.35  Municipalities having their own pension plans for
422police officers.--For any municipality, chapter plan, local law
423municipality, or local law plan under this chapter, in order for
424municipalities with their own pension plans for police officers,
425or for police officers and firefighters where included, to
426participate in the distribution of the tax fund established
427pursuant to s. 185.08, local law plans must meet the minimum
428benefits and minimum standards set forth in this chapter:
429     (1)  PREMIUM TAX INCOME.--If a municipality has a pension
430plan for police officers, or for police officers and
431firefighters where included, which, in the opinion of the
432division, meets the minimum benefits and minimum standards set
433forth in this chapter, the board of trustees of the pension
434plan, as approved by a majority of police officers of the
435municipality, may:
436     (a)  Place the income from the premium tax in s. 185.08 in
437such pension plan for the sole and exclusive use of its police
438officers, or its police officers and firefighters where
439included, where it shall become an integral part of that pension
440plan and shall be used to pay extra benefits to the police
441officers included in that pension plan; or
442     (b)  May place the income from the premium tax in s. 185.08
443in a separate supplemental plan to pay extra benefits to the
444police officers, or police officers and firefighters where
445included, participating in such separate supplemental plan.
446
447The premium tax provided by this chapter shall in all cases be
448used in its entirety to provide extra benefits to police
449officers, or to police officers and firefighters, where
450included.  However, local law plans in effect on October 1,
4511998, shall be required to comply with the minimum benefit
452provisions of this chapter only to the extent that additional
453premium tax revenues become available to incrementally fund the
454cost of such compliance as provided in s. 185.16(2). When a plan
455is in compliance with such minimum benefit provisions, as
456subsequent additional tax revenues become available, they shall
457be used to provide extra benefits. For the purpose of this
458chapter, "additional premium tax revenues" means revenues
459received by a municipality pursuant to s. 185.10 which that
460exceed the amount received for calendar year 1997, and the term
461"extra benefits" means benefits in addition to or greater than
462those provided to general employees of the municipality and in
463addition to those in existence for police officers on March 12,
4641999. Local law plans created by special act before May 23,
4651939, shall be deemed to comply with this chapter.
466     Section 5.  Subsection (7) is added to section 175.061,
467Florida Statutes, to read:
468     175.061  Board of trustees; members; terms of office;
469meetings; legal entity; costs; attorney's fees.--For any
470municipality, special fire control district, chapter plan, local
471law municipality, local law special fire control district, or
472local law plan under this chapter:
473     (7)  The board of trustees may, upon written request by the
474retiree of the plan, or by a dependent, when authorized by the
475retiree or the retiree's beneficiary, authorize the plan
476administrator to withhold from the monthly retirement payment
477those funds that are necessary to pay for the benefits being
478received through the governmental entity from which the employee
479retired, to pay the certified bargaining agent of the
480governmental entity, and to make any payments required by law.
481     Section 6.  Present subsection (6) of section 185.05,
482Florida Statutes, is redesignated as subsection (7), and a new
483subsection (6) is added to that section, to read:
484     185.05  Board of trustees; members; terms of office;
485meetings; legal entity; costs; attorney's fees.--For any
486municipality, chapter plan, local law municipality, or local law
487plan under this chapter:
488     (6)  The board of trustees may, upon written request by the
489retiree of the plan, or by a dependent, when authorized by the
490retiree or the retiree's beneficiary, authorize the plan
491administrator to withhold from the monthly retirement payment
492those funds that are necessary to pay for the benefits being
493received through the governmental entity from which the employee
494retired, to pay the certified bargaining agent of the
495governmental entity, and to make any payments required by law.
496     Section 7.  The sum of $300,000 is appropriated from the
497General Revenue Fund to the Department of Revenue for the one-
498time expense of creating the original database called for by
499sections 1 and 2 of this act and to support the implementation
500process for use of the database. It is the intent of the
501Legislature in providing this appropriation that the database
502for sections 1 and 2 of this act be available for use in
503determining the allocation of premiums to the various
504municipalities and special fire control districts for the 2005
505insurance premium tax return that is due by March 1, 2006.
506     Section 8.  The Legislature finds that a proper and
507legitimate state purpose is served when employees and retirees
508of the state and its political subdivisions, and the dependents,
509survivors, and beneficiaries of such employees and retirees, are
510extended the basic protections afforded by governmental
511retirement systems. These persons must be provided benefits that
512are fair and adequate and that are managed, administered, and
513funded in an actuarially sound manner, as required by Section
51414, Article X of the State Constitution, and part VII of chapter
515112, Florida Statutes. Therefore, the Legislature determines and
516declares that this act fulfills an important state interest.
517     Section 9.  This act shall take effect upon becoming a law.
518


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