HB 0251

1
A bill to be entitled
2An act relating to firefighter and municipal police
3pensions; creating s. 175.025, F.S.; providing a short
4title; creating s. 175.1015, F.S.; authorizing the
5Department of Revenue to create and maintain a database
6for use by insurers that report and remit an excise tax on
7property insurance premiums; providing incentives to
8insurers for using the database and penalties for failure
9to use the database; requiring local governments to
10provide information to the department; appropriating funds
11to the department for the administration of the database;
12authorizing the department to adopt rules; creating s.
13185.015, F.S.; providing a short title; creating s.
14185.085, F.S.; authorizing the Department of Revenue to
15create and maintain a database for use by insurers that
16report and remit an excise tax on casualty insurers
17premiums; providing incentives to insurers for using the
18database and penalties for failure to use the database;
19requiring local governments to provide information to the
20department; appropriating funds to the department for the
21administration of the database; authorizing the department
22to adopt rules; providing for distribution of tax revenues
23through 2007; amending s. 175.351,, F.S.; providing for
24the meaning of the term "extra benefits" with respect to
25pension plans for firefighters; amending s. 185.35, F.S.;
26providing for the meaning of the term "extra benefits"
27with respect to pension plans for municipal police
28officers; amending s. 175.061, F.S.; authorizing the plan
29administrator to withhold certain funds; amending s.
30185.05, F.S.; authorizing the plan administrator to
31withhold certain funds; providing an appropriation to the
32Department of Revenue; providing an effective date.  
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 175.025, Florida Statutes, is created
37to read:
38     175.025  Short title.--This chapter may be cited as the
39"Marvin B. Clayton Firefighters Pension Trust Fund Act."
40     Section 2.  Section 175.1015, Florida Statutes, is created
41to read:
42     175.1015  Determination of local premium tax situs.--
43     (1)(a)  Any insurance company that is obligated to report
44and remit the excise tax on property insurance premiums imposed
45under s. 175.101 shall be held harmless from any liability,
46including, but not limited to, liability for taxes, interest, or
47penalties that would otherwise be due solely as a result of an
48assignment of an insured property to an incorrect local taxing
49jurisdiction if the insurance company exercises due diligence in
50applying an electronic database provided by the Department of
51Revenue under subsection (2). Insurance companies that do not
52use the electronic database provided by the Department of
53Revenue or that do not exercise due diligence in applying the
54electronic database for tax years on or after January 1, 2006,
55are subject to a 0.5 percent penalty on the portion of the
56premium pertaining to any insured risk that is improperly
57assigned, whether assigned to an improper local taxing
58jurisdiction, not assigned to a local taxing jurisdiction when
59it should be assigned to a local taxing jurisdiction, or
60assigned to a local taxing jurisdiction when it should not be
61assigned to a local taxing jurisdiction.
62     (b)  Any insurance company that is obligated to report and
63remit the excise tax on commercial property insurance premiums
64imposed under s. 175.101 and is unable, after due diligence, to
65assign an insured property to a specific local taxing
66jurisdiction for purposes of complying with paragraph(a) shall
67remit the excise tax on commercial property insurance premiums
68using a methodology of apportionment in a manner consistent with
69the remittance for the 2004 calendar year. An insurance company
70which makes two contacts with the agent responsible for a
71commercial property insurance application for the purpose of
72verifying information on the application necessary for the
73assignment to the appropriate taxing jurisdiction, shall be
74considered to have exercised due diligence. Any insurance
75company which complies with the provisions of this paragraph
76shall not be subject to the penalty provided in paragraph (a).
77     (2)(a)  The Department of Revenue shall, subject to
78legislative appropriation, create as soon as practical and
79feasible, and thereafter shall maintain, an electronic database
80that conforms to any format approved by the American National
81Standards Institute's Accredited Standards Committee X12 and
82that designates for each street address and address range in the
83state, including any multiple postal street addresses applicable
84to one street location, the local taxing jurisdiction in which
85the street address and address range is located, and the
86appropriate code for each such participating local taxing
87jurisdiction, identified by one nationwide standard numeric
88code. The nationwide standard numeric code must contain the same
89number of numeric digits, and each digit or combination of
90digits must refer to the same level of taxing jurisdiction
91throughout the United States and must be in a format similar to
92FIPS 55-3 or other appropriate standard approved by the
93Federation of Tax Administrators and the Multistate Tax
94Commission. Each address or address range must be provided in
95standard postal format, including the street number, street
96number range, street name, and zip code. Each year after the
97creation of the initial database, the Department of Revenue
98shall annually create and maintain a database for the current
99tax year. Each annual database must be calendar-year specific.
100     (b)1.  Each participating local taxing jurisdiction shall
101furnish to the Department of Revenue all information needed to
102create the electronic database as soon as practical and
103feasible. The information furnished to the Department of Revenue
104must specify an effective date.
105     2.  Each participating local taxing jurisdiction shall
106furnish to the Department of Revenue all information needed to
107create and update the current year's database, including changes
108in annexations, incorporations, and reorganizations and any
109other changes in jurisdictional boundaries, as well as changes
110in eligibility to participate in the excise tax imposed under
111this chapter. The information must specify an effective date and
112must be furnished to the Department of Revenue by July 1 of the
113current year.
114     3.  The Department of Revenue shall create and update the
115current year's database in accordance with the information
116furnished by participating local taxing jurisdictions under
117subparagraph 1. or subparagraph 2., as appropriate. To the
118extent practicable, the Department of Revenue shall post each
119new annual database on a web site by September 1 of each year.
120Each participating local taxing jurisdiction shall have access
121to this web site and, within 30 days thereafter, shall provide
122any corrections to the Department of Revenue. The Department of
123Revenue shall finalize the current year's database and post it
124on a web site by November 1 of the current year. If a dispute in
125jurisdictional boundaries cannot be resolved so that changes in
126boundaries may be included, as appropriate, in the database by
127November 1, the changes may not be retroactively included in the
128current year's database and the boundaries will remain the same
129as in the previous year's database. The finalized database must
130be used in assigning policies and premiums to the proper local
131taxing jurisdiction for the insurance premium tax return due on
132the following March 1 for the tax year 2005. For subsequent tax
133years, the finalized database must be used in assigning policies
134and premiums to the proper local taxing jurisdiction for the
135insurance premium tax return due for the tax year beginning on
136or after the January 1 following the website posting of the
137database. Information contained in the electronic database is
138conclusive for purposes of this chapter. The electronic database
139is not an order, a rule, or a policy of general applicability.
140     4.  Each annual database must identify the additions,
141deletions, and other changes to the preceding version of the
142database.
143     (3)(a)  As used in this section, the term "due diligence"
144means the care and attention that is expected from and is
145ordinarily exercised by a reasonable and prudent person under
146the circumstances.
147     (b)  Notwithstanding any law to the contrary, an insurance
148company is exercising due diligence if the insurance company
149complies with the provisions of paragraph (1)(b) or if the
150insurance company assigns an insured's premium to local taxing
151jurisdictions in accordance with the Department of Revenue's
152annual database and with respect to such database:
153     1.  Expends reasonable resources to accurately and reliably
154implement such method;
155     2.  Maintains adequate internal controls to correctly
156include in its database of policyholders the location of the
157property insured, in the proper address format, so that matching
158with the department's database is accurate; and
159     3.  Corrects errors in the assignment of addresses to local
160taxing jurisdictions within 120 days after the insurance company
161discovers the errors.
162     (4)  There is annually appropriated from the moneys
163collected under this chapter and deposited in the Police and
164Firefighter's Premium Tax Trust Fund an amount sufficient to pay
165the expenses of the Department of Revenue in administering this
166section, but not to exceed $50,000 annually, adjusted annually
167by the lesser of a 5 percent increase or the percentage of
168growth in the total collections.
169     (5)  The Department of Revenue shall adopt rules necessary
170to administer this section, including rules establishing
171procedures and forms.
172     (6)  Any insurer that is obligated to collect and remit the
173tax on property insurance imposed under s. 175.101 shall be held
174harmless from any liability, including, but not limited to,
175liability for taxes, interest, or penalties that would otherwise
176be due solely as a result of an assignment of an insured
177property to an incorrect local taxing jurisdiction, based on the
178collection and remission of the tax accruing before January 1,
1792005, if the insurer collects and reports this tax consistent
180with filings for periods before January 1, 2005. Further, any
181insurer that is obligated to collect and remit the tax on
182property insurance imposed under this section is not subject to
183an examination under s. 624.316 or s. 624.3161 which would occur
184solely as a result of an assignment of an insured property to an
185incorrect local taxing jurisdiction, based on the collection and
186remission of such tax accruing before January 1, 2005.
187     Section 3.  Section 185.015, Florida Statutes, is created
188to read:
189     185.015  Short title.--This chapter may be cited as the
190"Marvin B. Clayton Police Officers Pension Trust Fund Act."
191     Section 4.  Section 185.085, Florida Statutes, is created
192to read:
193     185.085  Determination of local premium tax situs.--
194     (1)(a)  Any insurance company that is obligated to report
195and remit the excise tax on casualty insurance premiums imposed
196under s. 185.08 shall be held harmless from any liability,
197including, but not limited to, liability for taxes, interest, or
198penalties that would otherwise be due solely as a result of an
199assignment of an insured property to an incorrect local taxing
200jurisdiction if the insurance company exercises due diligence in
201applying an electronic database provided by the Department of
202Revenue under subsection (2). Insurance companies that do not
203use the electronic database provided by the Department of
204Revenue or that do not exercise due diligence in applying the
205electronic database for tax years on or after January 1, 2006,
206are subject to a 0.5 percent penalty on the portion of the
207premium pertaining to any insured risk that is improperly
208assigned, whether assigned to an improper local taxing
209jurisdiction, not assigned to a local taxing jurisdiction when
210it should be assigned to a local taxing jurisdiction, or
211assigned to a local taxing jurisdiction when it should not be
212assigned to a local taxing jurisdiction.
213     (b)  Any insurance company that is obligated to report and
214remit the excise tax on commercial casualty insurance premiums
215imposed under s. 185.08 and is unable, after due diligence, to
216assign an insured property to a specific local taxing
217jurisdiction for purposes of complying with paragraph(a) shall
218remit the excise tax on commercial casualty insurance premiums
219using a methodology of apportionment in a manner consistent with
220the remittance for the 2004 calendar year. An insurance company
221which makes two contacts with the agent responsible for a
222commercial casualty insurance application for the purpose of
223verifying information on the application necessary for the
224assignment to the appropriate taxing jurisdiction, shall be
225considered to have exercised due diligence. Any insurance
226company which complies with the provisions of this paragraph
227shall not be subject to the penalty provided in paragraph (a).
228     (2)(a)  The Department of Revenue shall, subject to
229legislative appropriation, create as soon as practical and
230feasible, and thereafter shall maintain, an electronic database
231that conforms to any format approved by the American National
232Standards Institute's Accredited Standards Committee X12 and
233that designates for each street address and address range in the
234state, including any multiple postal street addresses applicable
235to one street location, the local taxing jurisdiction in which
236the street address and address range is located, and the
237appropriate code for each such participating local taxing
238jurisdiction, identified by one nationwide standard numeric
239code. The nationwide standard numeric code must contain the same
240number of numeric digits, and each digit or combination of
241digits must refer to the same level of taxing jurisdiction
242throughout the United States and must be in a format similar to
243FIPS 55-3 or other appropriate standard approved by the
244Federation of Tax Administrators and the Multistate Tax
245Commission. Each address or address range must be provided in
246standard postal format, including the street number, street
247number range, street name, and zip code. Each year after the
248creation of the initial database, the Department of Revenue
249shall annually create and maintain a database for the current
250tax year. Each annual database must be calendar-year specific.
251     (b)1.  Each participating local taxing jurisdiction shall
252furnish to the Department of Revenue all information needed to
253create the electronic database as soon as practical and
254feasible. The information furnished to the Department of Revenue
255must specify an effective date.
256     2.  Each participating local taxing jurisdiction shall
257furnish to the Department of Revenue all information needed to
258create and update the current year's database, including changes
259in annexations, incorporations, and reorganizations and any
260other changes in jurisdictional boundaries, as well as changes
261in eligibility to participate in the excise tax imposed under
262this chapter. The information must specify an effective date and
263must be furnished to the Department of Revenue by July 1 of the
264current year.
265     3.  The Department of Revenue shall create and update the
266current year's database in accordance with the information
267furnished by participating local taxing jurisdictions under
268subparagraph 1. or subparagraph 2., as appropriate. To the
269extent practicable, the Department of Revenue shall post each
270new annual database on a web site by September 1 of each year.
271Each participating local taxing jurisdiction shall have access
272to this web site and, within 30 days thereafter, shall provide
273any corrections to the Department of Revenue. The Department of
274Revenue shall finalize the current year's database and post it
275on a web site by November 1 of the current year. If a dispute in
276jurisdictional boundaries cannot be resolved so that changes in
277boundaries may be included, as appropriate, in the database by
278November 1, the changes may not be retroactively included in the
279current year's database and the boundaries will remain the same
280as in the previous year's database. The finalized database must
281be used in assigning policies and premiums to the proper local
282taxing jurisdiction for the insurance premium tax return due on
283the following March 1 for the tax year 2005. For subsequent tax
284years, the finalized database must be used in assigning policies
285and premiums to the proper local taxing jurisdiction for the
286insurance premium tax return due for the tax year beginning on
287or after the January 1 following the website posting of the
288database. Information contained in the electronic database is
289conclusive for purposes of this chapter. The electronic database
290is not an order, a rule, or a policy of general applicability.
291     4.  Each annual database must identify the additions,
292deletions, and other changes to the preceding version of the
293database.
294     (3)(a)  As used in this section, the term "due diligence"
295means the care and attention that is expected from and is
296ordinarily exercised by a reasonable and prudent person under
297the circumstances.
298     (b)  Notwithstanding any law to the contrary, an insurance
299company is exercising due diligence if the insurance company
300complies with the provisions of paragraph (1)(b) or if the
301insurance company assigns an insured's premium to local taxing
302jurisdictions in accordance with the Department of Revenue's
303annual database and with respect to such database:
304     1.  Expends reasonable resources to accurately and reliably
305implement such method;
306     2.  Maintains adequate internal controls to correctly
307include in its database of policyholders the location of the
308property insured, in the proper address format, so that matching
309with the department's database is accurate; and
310     3.  Corrects errors in the assignment of addresses to local
311taxing jurisdictions within 120 days after the insurance company
312discovers the errors.
313     (4)  There is annually appropriated from the moneys
314collected under this chapter and deposited in the Police and
315Firefighter's Premium Tax Trust Fund an amount sufficient to pay
316the expenses of the Department of Revenue in administering this
317section, but not to exceed $50,000 annually, adjusted annually
318by the lesser of a 5 percent increase or the percentage of
319growth in the total collections.
320     (5)  The Department of Revenue shall adopt rules necessary
321to administer this section, including rules establishing
322procedures and forms.
323     (6)(a)  Notwithstanding any other law, a methodology,
324formula, or database that is adopted in any year after January
3251, 2005, may not result in a distribution to a participating
326municipality that has a retirement plan created pursuant to this
327chapter of an amount of excise tax which is less than the amount
328distributed to such participating municipality for calendar year
3292004. However, if the total proceeds to be distributed for the
330current year from the excise tax imposed under s. 185.08 are
331less than the total amount distributed for calendar year 2004,
332each participating municipality shall receive a current year
333distribution that is proportionate to its share of the total
3342004 calendar year distribution. If the total proceeds to be
335distributed for the current year from the excise tax imposed
336under s. 185.08 are greater than or equal to the total amount
337distributed for calendar year 2004, each participating
338municipality shall initially be distributed a minimum amount
339equal to the amount received for calendar year 2004. The
340remaining amount to be distributed for the current year, which
341equals the total to be distributed for the current year, less
342minimum distribution amount, shall be distributed to those
343municipalities with an amount reported for the current year
344which is greater than the amount distributed to such
345municipality for calendar year 2004. Each municipality eligible
346for distribution of this remaining amount shall receive its
347proportionate share of the remaining amount based upon the
348amount reported for that municipality, above the calendar year
3492004 distribution for the current year, to the total amount over
350the calendar year 2004 distribution for all municipalities with
351an amount reported for the current year which is greater than
352the calendar year 2004 distribution.
353     (b)  If a new municipality elects to participate under this
354chapter during any year after January 1, 2005, such municipality
355shall receive the total amount reported for the current- year
356for such municipality. All other participating municipalities
357shall receive a current year distribution, calculated as
358provided in this section, which is proportionate to their share
359of the total 2004 calendar year distribution after subtracting
360the amount paid to the new participating plans.
361     (c)  This subsection expires January 1, 2008.
362     (7)  Any insurer that is obligated to collect and remit the
363tax on casualty insurance imposed under s. 185.08 shall be held
364harmless from any liability, including, but not limited to,
365liability for taxes, interest, or penalties that would otherwise
366be due solely as a result of an assignment of an insured risk to
367an incorrect local taxing jurisdiction, based on the collection
368and remission of the tax accruing before January 1, 2005, if the
369insurer collects and reports this tax consistent with filings
370for periods before January 1, 2005. Further, any insurer that is
371obligated to collect and remit the tax on casualty insurance
372imposed under this section is not subject to an examination
373under s. 624.316 or s. 624.3161 which would occur solely as a
374result of an assignment of an insured risk to an incorrect local
375taxing jurisdiction, based on the collection and remission of
376such tax accruing before January 1, 2005.
377     Section 5.  Subsection (1) of section 175.351, Florida
378Statutes, is amended to read:
379     175.351  Municipalities and special fire control districts
380having their own pension plans for firefighters.--For any
381municipality, special fire control district, local law
382municipality, local law special fire control district, or local
383law plan under this chapter, in order for municipalities and
384special fire control districts with their own pension plans for
385firefighters, or for firefighters and police officers, where
386included, to participate in the distribution of the tax fund
387established pursuant to s. 175.101, local law plans must meet
388the minimum benefits and minimum standards set forth in this
389chapter.
390     (1)  PREMIUM TAX INCOME.--If a municipality has a pension
391plan for firefighters, or a pension plan for firefighters and
392police officers, where included, which in the opinion of the
393division meets the minimum benefits and minimum standards set
394forth in this chapter, the board of trustees of the pension
395plan, as approved by a majority of firefighters of the
396municipality, may:
397     (a)  Place the income from the premium tax in s. 175.101 in
398such pension plan for the sole and exclusive use of its
399firefighters, or for firefighters and police officers, where
400included, where it shall become an integral part of that pension
401plan and shall be used to pay extra benefits to the firefighters
402included in that pension plan; or
403     (b)  Place the income from the premium tax in s. 175.101 in
404a separate supplemental plan to pay extra benefits to
405firefighters, or to firefighters and police officers where
406included, participating in such separate supplemental plan.
407
408 The premium tax provided by this chapter shall in all cases be
409used in its entirety to provide extra benefits to firefighters,
410or to firefighters and police officers, where included.  
411However, local law plans in effect on October 1, 1998, shall be
412required to comply with the minimum benefit provisions of this
413chapter only to the extent that additional premium tax revenues
414become available to incrementally fund the cost of such
415compliance as provided in s. 175.162(2)(a). When a plan is in
416compliance with such minimum benefit provisions, as subsequent
417additional premium tax revenues become available, they shall be
418used to provide extra benefits. For the purpose of this chapter,
419"additional premium tax revenues" means revenues received by a
420municipality or special fire control district pursuant to s.
421175.121 which that exceed that amount received for calendar year
4221997, and the term "extra benefits" means benefits in addition
423to or greater than those provided to general employees of the
424municipality and in addition to those in existence for
425firefighters on March 12, 1999. Local law plans created by
426special act before May 23, 1939, shall be deemed to comply with
427this chapter.
428     Section 6.  Subsection (1) of section 185.35, Florida
429Statutes, is amended to read:
430     185.35  Municipalities having their own pension plans for
431police officers.--For any municipality, chapter plan, local law
432municipality, or local law plan under this chapter, in order for
433municipalities with their own pension plans for police officers,
434or for police officers and firefighters where included, to
435participate in the distribution of the tax fund established
436pursuant to s. 185.08, local law plans must meet the minimum
437benefits and minimum standards set forth in this chapter:
438     (1)  PREMIUM TAX INCOME.--If a municipality has a pension
439plan for police officers, or for police officers and
440firefighters where included, which, in the opinion of the
441division, meets the minimum benefits and minimum standards set
442forth in this chapter, the board of trustees of the pension
443plan, as approved by a majority of police officers of the
444municipality, may:
445     (a)  Place the income from the premium tax in s. 185.08 in
446such pension plan for the sole and exclusive use of its police
447officers, or its police officers and firefighters where
448included, where it shall become an integral part of that pension
449plan and shall be used to pay extra benefits to the police
450officers included in that pension plan; or
451     (b)  May place the income from the premium tax in s. 185.08
452in a separate supplemental plan to pay extra benefits to the
453police officers, or police officers and firefighters where
454included, participating in such separate supplemental plan.  
455
456 The premium tax provided by this chapter shall in all cases be
457used in its entirety to provide extra benefits to police
458officers, or to police officers and firefighters, where
459included.  However, local law plans in effect on October 1,
4601998, shall be required to comply with the minimum benefit
461provisions of this chapter only to the extent that additional
462premium tax revenues become available to incrementally fund the
463cost of such compliance as provided in s. 185.16(2). When a plan
464is in compliance with such minimum benefit provisions, as
465subsequent additional tax revenues become available, they shall
466be used to provide extra benefits. For the purpose of this
467chapter, "additional premium tax revenues" means revenues
468received by a municipality pursuant to s. 185.10 which that
469exceed the amount received for calendar year 1997, and the term
470"extra benefits" means benefits in addition to or greater than
471those provided to general employees of the municipality and in
472addition to those in existence for police officers on March 12,
4731999. Local law plans created by special act before May 23,
4741939, shall be deemed to comply with this chapter.
475     Section 7.  Subsection (7) is added to section 175.061,
476Florida Statutes, to read:
477     175.061  Board of trustees; members; terms of office;
478meetings; legal entity; costs; attorney's fees.--For any
479municipality, special fire control district, chapter plan, local
480law municipality, local law special fire control district, or
481local law plan under this chapter:
482     (7)  The board of trustees may, upon written request by the
483retiree of the plan, or by a dependent, when authorized by the
484retiree or the retiree's beneficiary, authorize the plan
485administrator to withhold from the monthly retirement payment
486those funds that are necessary to pay for the benefits being
487received through the governmental entity from which the employee
488retired, to pay the certified bargaining agent of the
489governmental entity, and to make any payments for child support
490or alimony.
491     Section 8.  Present subsection (6) of section 185.05,
492Florida Statutes, is redesignated as subsection (7), and a new
493subsection (6) is added to that section, to read:
494     185.05  Board of trustees; members; terms of office;
495meetings; legal entity; costs; attorney's fees.--For any
496municipality, chapter plan, local law municipality, or local law
497plan under this chapter:
498     (6)  The board of trustees may, upon written request by the
499retiree of the plan, or by a dependent, when authorized by the
500retiree or the retiree's beneficiary, authorize the plan
501administrator to withhold from the monthly retirement payment
502those funds that are necessary to pay for the benefits being
503received through the governmental entity from which the employee
504retired, to pay the certified bargaining agent of the
505governmental entity, and to make any payments for child support
506or alimony.
507     Section 9.  The sum of $300,000 is appropriated from the
508General Revenue Fund to the Department of Revenue for the one-
509time expense of creating the original database called for by
510sections 1 and 2 of this act and to support the implementation
511process for use of the database. It is the intent of the
512Legislature in providing this appropriation that the database
513for sections 1 and 2 of this act be available for use in
514determining the allocation of premiums to the various
515municipalities and special fire control districts for the 2005
516insurance premium tax return that is due by March 1, 2006.
517     Section 10.  The Legislature finds that a proper and
518legitimate state purpose is served when employees and retirees
519of the state and its political subdivisions, and the dependents,
520survivors, and beneficiaries of such employees and retirees, are
521extended the basic protections afforded by governmental
522retirement systems. These persons must be provided benefits that
523are fair and adequate and that are managed, administered, and
524funded in an actuarially sound manner, as required by Section
52514, Article X of the State Constitution, and part VII of chapter
526112, Florida Statutes. Therefore, the Legislature determines and
527declares that this act fulfills an important state interest.
528     Section 11.  This act shall take effect upon becoming a
529law.


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