| 1 | A bill to be entitled | 
| 2 | An act relating to firefighter and municipal police  | 
| 3 | pensions; creating s. 175.025, F.S.; providing a short  | 
| 4 | title; creating s. 175.1015, F.S.; authorizing the  | 
| 5 | Department of Revenue to create and maintain a database  | 
| 6 | for use by insurers that report and remit an excise tax on  | 
| 7 | property insurance premiums; providing incentives to  | 
| 8 | insurers for using the database and penalties for failure  | 
| 9 | to use the database; requiring local governments to  | 
| 10 | provide information to the department; appropriating funds  | 
| 11 | to the department for the administration of the database;  | 
| 12 | authorizing the department to adopt rules; creating s.  | 
| 13 | 185.015, F.S.; providing a short title; creating s.  | 
| 14 | 185.085, F.S.; authorizing the Department of Revenue to  | 
| 15 | create and maintain a database for use by insurers that  | 
| 16 | report and remit an excise tax on casualty insurers  | 
| 17 | premiums; providing incentives to insurers for using the  | 
| 18 | database and penalties for failure to use the database;  | 
| 19 | requiring local governments to provide information to the  | 
| 20 | department; appropriating funds to the department for the  | 
| 21 | administration of the database; authorizing the department  | 
| 22 | to adopt rules; providing for distribution of tax revenues  | 
| 23 | through 2007; amending s. 175.351,, F.S.; providing for  | 
| 24 | the meaning of the term "extra benefits" with respect to  | 
| 25 | pension plans for firefighters; amending s. 185.35, F.S.;  | 
| 26 | providing for the meaning of the term "extra benefits"  | 
| 27 | with respect to pension plans for municipal police  | 
| 28 | officers; amending s. 175.061, F.S.; authorizing the plan  | 
| 29 | administrator to withhold certain funds; amending s.  | 
| 30 | 185.05, F.S.; authorizing the plan administrator to  | 
| 31 | withhold certain funds; providing an appropriation to the  | 
| 32 | Department of Revenue; providing an effective date.   | 
| 33 | 
  | 
| 34 | Be It Enacted by the Legislature of the State of Florida: | 
| 35 | 
  | 
| 36 |      Section 1.  Section 175.025, Florida Statutes, is created  | 
| 37 | to 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  | 
| 41 | to read: | 
| 42 |      175.1015  Determination of local premium tax situs.-- | 
| 43 |      (1)(a)  Any insurance company that is obligated to report  | 
| 44 | and remit the excise tax on property insurance premiums imposed  | 
| 45 | under s. 175.101 shall be held harmless from any liability,  | 
| 46 | including, but not limited to, liability for taxes, interest, or  | 
| 47 | penalties that would otherwise be due solely as a result of an  | 
| 48 | assignment of an insured property to an incorrect local taxing  | 
| 49 | jurisdiction if the insurance company exercises due diligence in  | 
| 50 | applying an electronic database provided by the Department of  | 
| 51 | Revenue under subsection (2). Insurance companies that do not  | 
| 52 | use the electronic database provided by the Department of  | 
| 53 | Revenue or that do not exercise due diligence in applying the  | 
| 54 | electronic database for tax years on or after January 1, 2006,  | 
| 55 | are subject to a 0.5 percent penalty on the portion of the  | 
| 56 | premium pertaining to any insured risk that is improperly  | 
| 57 | assigned, whether assigned to an improper local taxing  | 
| 58 | jurisdiction, not assigned to a local taxing jurisdiction when  | 
| 59 | it should be assigned to a local taxing jurisdiction, or  | 
| 60 | assigned to a local taxing jurisdiction when it should not be  | 
| 61 | assigned to a local taxing jurisdiction. | 
| 62 |      (b)  Any insurance company that is obligated to report and  | 
| 63 | remit the excise tax on commercial property insurance premiums  | 
| 64 | imposed under s. 175.101 and is unable, after due diligence, to  | 
| 65 | assign an insured property to a specific local taxing  | 
| 66 | jurisdiction for purposes of complying with paragraph(a) shall  | 
| 67 | remit the excise tax on commercial property insurance premiums  | 
| 68 | using a methodology of apportionment in a manner consistent with  | 
| 69 | the remittance for the 2004 calendar year. An insurance company  | 
| 70 | which makes two contacts with the agent responsible for a  | 
| 71 | commercial property insurance application for the purpose of  | 
| 72 | verifying information on the application necessary for the  | 
| 73 | assignment to the appropriate taxing jurisdiction, shall be  | 
| 74 | considered to have exercised due diligence. Any insurance  | 
| 75 | company which complies with the provisions of this paragraph  | 
| 76 | shall not be subject to the penalty provided in paragraph (a). | 
| 77 |      (2)(a)  The Department of Revenue shall, subject to  | 
| 78 | legislative appropriation, create as soon as practical and  | 
| 79 | feasible, and thereafter shall maintain, an electronic database  | 
| 80 | that conforms to any format approved by the American National  | 
| 81 | Standards Institute's Accredited Standards Committee X12 and  | 
| 82 | that designates for each street address and address range in the  | 
| 83 | state, including any multiple postal street addresses applicable  | 
| 84 | to one street location, the local taxing jurisdiction in which  | 
| 85 | the street address and address range is located, and the  | 
| 86 | appropriate code for each such participating local taxing  | 
| 87 | jurisdiction, identified by one nationwide standard numeric  | 
| 88 | code. The nationwide standard numeric code must contain the same  | 
| 89 | number of numeric digits, and each digit or combination of  | 
| 90 | digits must refer to the same level of taxing jurisdiction  | 
| 91 | throughout the United States and must be in a format similar to  | 
| 92 | FIPS 55-3 or other appropriate standard approved by the  | 
| 93 | Federation of Tax Administrators and the Multistate Tax  | 
| 94 | Commission. Each address or address range must be provided in  | 
| 95 | standard postal format, including the street number, street  | 
| 96 | number range, street name, and zip code. Each year after the  | 
| 97 | creation of the initial database, the Department of Revenue  | 
| 98 | shall annually create and maintain a database for the current  | 
| 99 | tax year. Each annual database must be calendar-year specific. | 
| 100 |      (b)1.  Each participating local taxing jurisdiction shall  | 
| 101 | furnish to the Department of Revenue all information needed to  | 
| 102 | create the electronic database as soon as practical and  | 
| 103 | feasible. The information furnished to the Department of Revenue  | 
| 104 | must specify an effective date. | 
| 105 |      2.  Each participating local taxing jurisdiction shall  | 
| 106 | furnish to the Department of Revenue all information needed to  | 
| 107 | create and update the current year's database, including changes  | 
| 108 | in annexations, incorporations, and reorganizations and any  | 
| 109 | other changes in jurisdictional boundaries, as well as changes  | 
| 110 | in eligibility to participate in the excise tax imposed under  | 
| 111 | this chapter. The information must specify an effective date and  | 
| 112 | must be furnished to the Department of Revenue by July 1 of the  | 
| 113 | current year. | 
| 114 |      3.  The Department of Revenue shall create and update the  | 
| 115 | current year's database in accordance with the information  | 
| 116 | furnished by participating local taxing jurisdictions under  | 
| 117 | subparagraph 1. or subparagraph 2., as appropriate. To the  | 
| 118 | extent practicable, the Department of Revenue shall post each  | 
| 119 | new annual database on a web site by September 1 of each year.  | 
| 120 | Each participating local taxing jurisdiction shall have access  | 
| 121 | to this web site and, within 30 days thereafter, shall provide  | 
| 122 | any corrections to the Department of Revenue. The Department of  | 
| 123 | Revenue shall finalize the current year's database and post it  | 
| 124 | on a web site by November 1 of the current year. If a dispute in  | 
| 125 | jurisdictional boundaries cannot be resolved so that changes in  | 
| 126 | boundaries may be included, as appropriate, in the database by  | 
| 127 | November 1, the changes may not be retroactively included in the  | 
| 128 | current year's database and the boundaries will remain the same  | 
| 129 | as in the previous year's database. The finalized database must  | 
| 130 | be used in assigning policies and premiums to the proper local  | 
| 131 | taxing jurisdiction for the insurance premium tax return due on  | 
| 132 | the following March 1 for the tax year 2005. For subsequent tax  | 
| 133 | years, the finalized database must be used in assigning policies  | 
| 134 | and premiums to the proper local taxing jurisdiction for the  | 
| 135 | insurance premium tax return due for the tax year beginning on  | 
| 136 | or after the January 1 following the website posting of the  | 
| 137 | database. Information contained in the electronic database is  | 
| 138 | conclusive for purposes of this chapter. The electronic database  | 
| 139 | is not an order, a rule, or a policy of general applicability. | 
| 140 |      4.  Each annual database must identify the additions,  | 
| 141 | deletions, and other changes to the preceding version of the  | 
| 142 | database. | 
| 143 |      (3)(a)  As used in this section, the term "due diligence"  | 
| 144 | means the care and attention that is expected from and is  | 
| 145 | ordinarily exercised by a reasonable and prudent person under  | 
| 146 | the circumstances. | 
| 147 |      (b)  Notwithstanding any law to the contrary, an insurance  | 
| 148 | company is exercising due diligence if the insurance company  | 
| 149 | complies with the provisions of paragraph (1)(b) or if the  | 
| 150 | insurance company assigns an insured's premium to local taxing  | 
| 151 | jurisdictions in accordance with the Department of Revenue's  | 
| 152 | annual database and with respect to such database: | 
| 153 |      1.  Expends reasonable resources to accurately and reliably  | 
| 154 | implement such method; | 
| 155 |      2.  Maintains adequate internal controls to correctly  | 
| 156 | include in its database of policyholders the location of the  | 
| 157 | property insured, in the proper address format, so that matching  | 
| 158 | with the department's database is accurate; and | 
| 159 |      3.  Corrects errors in the assignment of addresses to local  | 
| 160 | taxing jurisdictions within 120 days after the insurance company  | 
| 161 | discovers the errors. | 
| 162 |      (4)  There is annually appropriated from the moneys  | 
| 163 | collected under this chapter and deposited in the Police and  | 
| 164 | Firefighter's Premium Tax Trust Fund an amount sufficient to pay  | 
| 165 | the expenses of the Department of Revenue in administering this  | 
| 166 | section, but not to exceed $50,000 annually, adjusted annually  | 
| 167 | by the lesser of a 5 percent increase or the percentage of  | 
| 168 | growth in the total collections. | 
| 169 |      (5)  The Department of Revenue shall adopt rules necessary  | 
| 170 | to administer this section, including rules establishing  | 
| 171 | procedures and forms. | 
| 172 |      (6)  Any insurer that is obligated to collect and remit the  | 
| 173 | tax on property insurance imposed under s. 175.101 shall be held  | 
| 174 | harmless from any liability, including, but not limited to,  | 
| 175 | liability for taxes, interest, or penalties that would otherwise  | 
| 176 | be due solely as a result of an assignment of an insured  | 
| 177 | property to an incorrect local taxing jurisdiction, based on the  | 
| 178 | collection and remission of the tax accruing before January 1,  | 
| 179 | 2005, if the insurer collects and reports this tax consistent  | 
| 180 | with filings for periods before January 1, 2005. Further, any  | 
| 181 | insurer that is obligated to collect and remit the tax on  | 
| 182 | property insurance imposed under this section is not subject to  | 
| 183 | an examination under s. 624.316 or s. 624.3161 which would occur  | 
| 184 | solely as a result of an assignment of an insured property to an  | 
| 185 | incorrect local taxing jurisdiction, based on the collection and  | 
| 186 | remission of such tax accruing before January 1, 2005.  | 
| 187 |      Section 3.  Section 185.015, Florida Statutes, is created  | 
| 188 | to 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  | 
| 192 | to read: | 
| 193 |      185.085  Determination of local premium tax situs.-- | 
| 194 |      (1)(a)  Any insurance company that is obligated to report  | 
| 195 | and remit the excise tax on casualty insurance premiums imposed  | 
| 196 | under s. 185.08 shall be held harmless from any liability,  | 
| 197 | including, but not limited to, liability for taxes, interest, or  | 
| 198 | penalties that would otherwise be due solely as a result of an  | 
| 199 | assignment of an insured property to an incorrect local taxing  | 
| 200 | jurisdiction if the insurance company exercises due diligence in  | 
| 201 | applying an electronic database provided by the Department of  | 
| 202 | Revenue under subsection (2). Insurance companies that do not  | 
| 203 | use the electronic database provided by the Department of  | 
| 204 | Revenue or that do not exercise due diligence in applying the  | 
| 205 | electronic database for tax years on or after January 1, 2006,  | 
| 206 | are subject to a 0.5 percent penalty on the portion of the  | 
| 207 | premium pertaining to any insured risk that is improperly  | 
| 208 | assigned, whether assigned to an improper local taxing  | 
| 209 | jurisdiction, not assigned to a local taxing jurisdiction when  | 
| 210 | it should be assigned to a local taxing jurisdiction, or  | 
| 211 | assigned to a local taxing jurisdiction when it should not be  | 
| 212 | assigned to a local taxing jurisdiction. | 
| 213 |      (b)  Any insurance company that is obligated to report and  | 
| 214 | remit the excise tax on commercial casualty insurance premiums  | 
| 215 | imposed under s. 185.08 and is unable, after due diligence, to  | 
| 216 | assign an insured property to a specific local taxing  | 
| 217 | jurisdiction for purposes of complying with paragraph(a) shall  | 
| 218 | remit the excise tax on commercial casualty insurance premiums  | 
| 219 | using a methodology of apportionment in a manner consistent with  | 
| 220 | the remittance for the 2004 calendar year. An insurance company  | 
| 221 | which makes two contacts with the agent responsible for a  | 
| 222 | commercial casualty insurance application for the purpose of  | 
| 223 | verifying information on the application necessary for the  | 
| 224 | assignment to the appropriate taxing jurisdiction, shall be  | 
| 225 | considered to have exercised due diligence. Any insurance  | 
| 226 | company which complies with the provisions of this paragraph  | 
| 227 | shall not be subject to the penalty provided in paragraph (a). | 
| 228 |      (2)(a)  The Department of Revenue shall, subject to  | 
| 229 | legislative appropriation, create as soon as practical and  | 
| 230 | feasible, and thereafter shall maintain, an electronic database  | 
| 231 | that conforms to any format approved by the American National  | 
| 232 | Standards Institute's Accredited Standards Committee X12 and  | 
| 233 | that designates for each street address and address range in the  | 
| 234 | state, including any multiple postal street addresses applicable  | 
| 235 | to one street location, the local taxing jurisdiction in which  | 
| 236 | the street address and address range is located, and the  | 
| 237 | appropriate code for each such participating local taxing  | 
| 238 | jurisdiction, identified by one nationwide standard numeric  | 
| 239 | code. The nationwide standard numeric code must contain the same  | 
| 240 | number of numeric digits, and each digit or combination of  | 
| 241 | digits must refer to the same level of taxing jurisdiction  | 
| 242 | throughout the United States and must be in a format similar to  | 
| 243 | FIPS 55-3 or other appropriate standard approved by the  | 
| 244 | Federation of Tax Administrators and the Multistate Tax  | 
| 245 | Commission. Each address or address range must be provided in  | 
| 246 | standard postal format, including the street number, street  | 
| 247 | number range, street name, and zip code. Each year after the  | 
| 248 | creation of the initial database, the Department of Revenue  | 
| 249 | shall annually create and maintain a database for the current  | 
| 250 | tax year. Each annual database must be calendar-year specific. | 
| 251 |      (b)1.  Each participating local taxing jurisdiction shall  | 
| 252 | furnish to the Department of Revenue all information needed to  | 
| 253 | create the electronic database as soon as practical and  | 
| 254 | feasible. The information furnished to the Department of Revenue  | 
| 255 | must specify an effective date. | 
| 256 |      2.  Each participating local taxing jurisdiction shall  | 
| 257 | furnish to the Department of Revenue all information needed to  | 
| 258 | create and update the current year's database, including changes  | 
| 259 | in annexations, incorporations, and reorganizations and any  | 
| 260 | other changes in jurisdictional boundaries, as well as changes  | 
| 261 | in eligibility to participate in the excise tax imposed under  | 
| 262 | this chapter. The information must specify an effective date and  | 
| 263 | must be furnished to the Department of Revenue by July 1 of the  | 
| 264 | current year. | 
| 265 |      3.  The Department of Revenue shall create and update the  | 
| 266 | current year's database in accordance with the information  | 
| 267 | furnished by participating local taxing jurisdictions under  | 
| 268 | subparagraph 1. or subparagraph 2., as appropriate. To the  | 
| 269 | extent practicable, the Department of Revenue shall post each  | 
| 270 | new annual database on a web site by September 1 of each year.  | 
| 271 | Each participating local taxing jurisdiction shall have access  | 
| 272 | to this web site and, within 30 days thereafter, shall provide  | 
| 273 | any corrections to the Department of Revenue. The Department of  | 
| 274 | Revenue shall finalize the current year's database and post it  | 
| 275 | on a web site by November 1 of the current year. If a dispute in  | 
| 276 | jurisdictional boundaries cannot be resolved so that changes in  | 
| 277 | boundaries may be included, as appropriate, in the database by  | 
| 278 | November 1, the changes may not be retroactively included in the  | 
| 279 | current year's database and the boundaries will remain the same  | 
| 280 | as in the previous year's database. The finalized database must  | 
| 281 | be used in assigning policies and premiums to the proper local  | 
| 282 | taxing jurisdiction for the insurance premium tax return due on  | 
| 283 | the following March 1 for the tax year 2005. For subsequent tax  | 
| 284 | years, the finalized database must be used in assigning policies  | 
| 285 | and premiums to the proper local taxing jurisdiction for the  | 
| 286 | insurance premium tax return due for the tax year beginning on  | 
| 287 | or after the January 1 following the website posting of the  | 
| 288 | database. Information contained in the electronic database is  | 
| 289 | conclusive for purposes of this chapter. The electronic database  | 
| 290 | is not an order, a rule, or a policy of general applicability. | 
| 291 |      4.  Each annual database must identify the additions,  | 
| 292 | deletions, and other changes to the preceding version of the  | 
| 293 | database. | 
| 294 |      (3)(a)  As used in this section, the term "due diligence"  | 
| 295 | means the care and attention that is expected from and is  | 
| 296 | ordinarily exercised by a reasonable and prudent person under  | 
| 297 | the circumstances. | 
| 298 |      (b)  Notwithstanding any law to the contrary, an insurance  | 
| 299 | company is exercising due diligence if the insurance company  | 
| 300 | complies with the provisions of paragraph (1)(b) or if the  | 
| 301 | insurance company assigns an insured's premium to local taxing  | 
| 302 | jurisdictions in accordance with the Department of Revenue's  | 
| 303 | annual database and with respect to such database: | 
| 304 |      1.  Expends reasonable resources to accurately and reliably  | 
| 305 | implement such method; | 
| 306 |      2.  Maintains adequate internal controls to correctly  | 
| 307 | include in its database of policyholders the location of the  | 
| 308 | property insured, in the proper address format, so that matching  | 
| 309 | with the department's database is accurate; and | 
| 310 |      3.  Corrects errors in the assignment of addresses to local  | 
| 311 | taxing jurisdictions within 120 days after the insurance company  | 
| 312 | discovers the errors. | 
| 313 |      (4)  There is annually appropriated from the moneys  | 
| 314 | collected under this chapter and deposited in the Police and  | 
| 315 | Firefighter's Premium Tax Trust Fund an amount sufficient to pay  | 
| 316 | the expenses of the Department of Revenue in administering this  | 
| 317 | section, but not to exceed $50,000 annually, adjusted annually  | 
| 318 | by the lesser of a 5 percent increase or the percentage of  | 
| 319 | growth in the total collections. | 
| 320 |      (5)  The Department of Revenue shall adopt rules necessary  | 
| 321 | to administer this section, including rules establishing  | 
| 322 | procedures and forms. | 
| 323 |      (6)(a)  Notwithstanding any other law, a methodology,  | 
| 324 | formula, or database that is adopted in any year after January  | 
| 325 | 1, 2005, may not result in a distribution to a participating  | 
| 326 | municipality that has a retirement plan created pursuant to this  | 
| 327 | chapter of an amount of excise tax which is less than the amount  | 
| 328 | distributed to such participating municipality for calendar year  | 
| 329 | 2004. However, if the total proceeds to be distributed for the  | 
| 330 | current year from the excise tax imposed under s. 185.08 are  | 
| 331 | less than the total amount distributed for calendar year 2004,  | 
| 332 | each participating municipality shall receive a current year  | 
| 333 | distribution that is proportionate to its share of the total  | 
| 334 | 2004 calendar year distribution. If the total proceeds to be  | 
| 335 | distributed for the current year from the excise tax imposed  | 
| 336 | under s. 185.08 are greater than or equal to the total amount  | 
| 337 | distributed for calendar year 2004, each participating  | 
| 338 | municipality shall initially be distributed a minimum amount  | 
| 339 | equal to the amount received for calendar year 2004. The  | 
| 340 | remaining amount to be distributed for the current year, which  | 
| 341 | equals the total to be distributed for the current year, less  | 
| 342 | minimum distribution amount, shall be distributed to those  | 
| 343 | municipalities with an amount reported for the current year  | 
| 344 | which is greater than the amount distributed to such  | 
| 345 | municipality for calendar year 2004. Each municipality eligible  | 
| 346 | for distribution of this remaining amount shall receive its  | 
| 347 | proportionate share of the remaining amount based upon the  | 
| 348 | amount reported for that municipality, above the calendar year  | 
| 349 | 2004 distribution for the current year, to the total amount over  | 
| 350 | the calendar year 2004 distribution for all municipalities with  | 
| 351 | an amount reported for the current year which is greater than  | 
| 352 | the calendar year 2004 distribution. | 
| 353 |      (b)  If a new municipality elects to participate under this  | 
| 354 | chapter during any year after January 1, 2005, such municipality  | 
| 355 | shall receive the total amount reported for the current- year  | 
| 356 | for such municipality. All other participating municipalities  | 
| 357 | shall receive a current year distribution, calculated as  | 
| 358 | provided in this section, which is proportionate to their share  | 
| 359 | of the total 2004 calendar year distribution after subtracting  | 
| 360 | the 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  | 
| 363 | tax on casualty insurance imposed under s. 185.08 shall be held  | 
| 364 | harmless from any liability, including, but not limited to,  | 
| 365 | liability for taxes, interest, or penalties that would otherwise  | 
| 366 | be due solely as a result of an assignment of an insured risk to  | 
| 367 | an incorrect local taxing jurisdiction, based on the collection  | 
| 368 | and remission of the tax accruing before January 1, 2005, if the  | 
| 369 | insurer collects and reports this tax consistent with filings  | 
| 370 | for periods before January 1, 2005. Further, any insurer that is  | 
| 371 | obligated to collect and remit the tax on casualty insurance  | 
| 372 | imposed under this section is not subject to an examination  | 
| 373 | under s. 624.316 or s. 624.3161 which would occur solely as a  | 
| 374 | result of an assignment of an insured risk to an incorrect local  | 
| 375 | taxing jurisdiction, based on the collection and remission of  | 
| 376 | such tax accruing before January 1, 2005.  | 
| 377 |      Section 5.  Subsection (1) of section 175.351, Florida  | 
| 378 | Statutes, is amended to read: | 
| 379 |      175.351  Municipalities and special fire control districts  | 
| 380 | having their own pension plans for firefighters.--For any  | 
| 381 | municipality, special fire control district, local law  | 
| 382 | municipality, local law special fire control district, or local  | 
| 383 | law plan under this chapter, in order for municipalities and  | 
| 384 | special fire control districts with their own pension plans for  | 
| 385 | firefighters, or for firefighters and police officers, where  | 
| 386 | included, to participate in the distribution of the tax fund  | 
| 387 | established pursuant to s. 175.101, local law plans must meet  | 
| 388 | the minimum benefits and minimum standards set forth in this  | 
| 389 | chapter. | 
| 390 |      (1)  PREMIUM TAX INCOME.--If a municipality has a pension  | 
| 391 | plan for firefighters, or a pension plan for firefighters and  | 
| 392 | police officers, where included, which in the opinion of the  | 
| 393 | division meets the minimum benefits and minimum standards set  | 
| 394 | forth in this chapter, the board of trustees of the pension  | 
| 395 | plan, as approved by a majority of firefighters of the  | 
| 396 | municipality, may: | 
| 397 |      (a)  Place the income from the premium tax in s. 175.101 in  | 
| 398 | such pension plan for the sole and exclusive use of its  | 
| 399 | firefighters, or for firefighters and police officers, where  | 
| 400 | included, where it shall become an integral part of that pension  | 
| 401 | plan and shall be used to pay extra benefits to the firefighters  | 
| 402 | included in that pension plan; or | 
| 403 |      (b)  Place the income from the premium tax in s. 175.101 in  | 
| 404 | a separate supplemental plan to pay extra benefits to  | 
| 405 | firefighters, or to firefighters and police officers where  | 
| 406 | included, participating in such separate supplemental plan.  | 
| 407 | 
  | 
| 408 |  The premium tax provided by this chapter shall in all cases be  | 
| 409 | used in its entirety to provide extra benefits to firefighters,  | 
| 410 | or to firefighters and police officers, where included.   | 
| 411 | However, local law plans in effect on October 1, 1998, shall be  | 
| 412 | required to comply with the minimum benefit provisions of this  | 
| 413 | chapter only to the extent that additional premium tax revenues  | 
| 414 | become available to incrementally fund the cost of such  | 
| 415 | compliance as provided in s. 175.162(2)(a). When a plan is in  | 
| 416 | compliance with such minimum benefit provisions, as subsequent  | 
| 417 | additional premium tax revenues become available, they shall be  | 
| 418 | used to provide extra benefits. For the purpose of this chapter,  | 
| 419 | "additional premium tax revenues" means revenues received by a  | 
| 420 | municipality or special fire control district pursuant to s.  | 
| 421 | 175.121 which that exceed that amount received for calendar year  | 
| 422 | 1997, and the term "extra benefits" means benefits in addition  | 
| 423 | to or greater than those provided to general employees of the  | 
| 424 | municipality and in addition to those in existence for  | 
| 425 | firefighters on March 12, 1999. Local law plans created by  | 
| 426 | special act before May 23, 1939, shall be deemed to comply with  | 
| 427 | this chapter.  | 
| 428 |      Section 6.  Subsection (1) of section 185.35, Florida  | 
| 429 | Statutes, is amended to read: | 
| 430 |      185.35  Municipalities having their own pension plans for  | 
| 431 | police officers.--For any municipality, chapter plan, local law  | 
| 432 | municipality, or local law plan under this chapter, in order for  | 
| 433 | municipalities with their own pension plans for police officers,  | 
| 434 | or for police officers and firefighters where included, to  | 
| 435 | participate in the distribution of the tax fund established  | 
| 436 | pursuant to s. 185.08, local law plans must meet the minimum  | 
| 437 | benefits and minimum standards set forth in this chapter: | 
| 438 |      (1)  PREMIUM TAX INCOME.--If a municipality has a pension  | 
| 439 | plan for police officers, or for police officers and  | 
| 440 | firefighters where included, which, in the opinion of the  | 
| 441 | division, meets the minimum benefits and minimum standards set  | 
| 442 | forth in this chapter, the board of trustees of the pension  | 
| 443 | plan, as approved by a majority of police officers of the  | 
| 444 | municipality, may: | 
| 445 |      (a)  Place the income from the premium tax in s. 185.08 in  | 
| 446 | such pension plan for the sole and exclusive use of its police  | 
| 447 | officers, or its police officers and firefighters where  | 
| 448 | included, where it shall become an integral part of that pension  | 
| 449 | plan and shall be used to pay extra benefits to the police  | 
| 450 | officers included in that pension plan; or | 
| 451 |      (b)  May place the income from the premium tax in s. 185.08  | 
| 452 | in a separate supplemental plan to pay extra benefits to the  | 
| 453 | police officers, or police officers and firefighters where  | 
| 454 | included, participating in such separate supplemental plan.   | 
| 455 | 
  | 
| 456 |  The premium tax provided by this chapter shall in all cases be  | 
| 457 | used in its entirety to provide extra benefits to police  | 
| 458 | officers, or to police officers and firefighters, where  | 
| 459 | included.  However, local law plans in effect on October 1,  | 
| 460 | 1998, shall be required to comply with the minimum benefit  | 
| 461 | provisions of this chapter only to the extent that additional  | 
| 462 | premium tax revenues become available to incrementally fund the  | 
| 463 | cost of such compliance as provided in s. 185.16(2). When a plan  | 
| 464 | is in compliance with such minimum benefit provisions, as  | 
| 465 | subsequent additional tax revenues become available, they shall  | 
| 466 | be used to provide extra benefits. For the purpose of this  | 
| 467 | chapter, "additional premium tax revenues" means revenues  | 
| 468 | received by a municipality pursuant to s. 185.10 which that  | 
| 469 | exceed the amount received for calendar year 1997, and the term  | 
| 470 | "extra benefits" means benefits in addition to or greater than  | 
| 471 | those provided to general employees of the municipality and in  | 
| 472 | addition to those in existence for police officers on March 12,  | 
| 473 | 1999. Local law plans created by special act before May 23,  | 
| 474 | 1939, shall be deemed to comply with this chapter.  | 
| 475 |      Section 7.  Subsection (7) is added to section 175.061,  | 
| 476 | Florida Statutes, to read: | 
| 477 |      175.061  Board of trustees; members; terms of office;  | 
| 478 | meetings; legal entity; costs; attorney's fees.--For any  | 
| 479 | municipality, special fire control district, chapter plan, local  | 
| 480 | law municipality, local law special fire control district, or  | 
| 481 | local law plan under this chapter: | 
| 482 |      (7)  The board of trustees may, upon written request by the  | 
| 483 | retiree of the plan, or by a dependent, when authorized by the  | 
| 484 | retiree or the retiree's beneficiary, authorize the plan  | 
| 485 | administrator to withhold from the monthly retirement payment  | 
| 486 | those funds that are necessary to pay for the benefits being  | 
| 487 | received through the governmental entity from which the employee  | 
| 488 | retired, to pay the certified bargaining agent of the  | 
| 489 | governmental entity, and to make any payments for child support  | 
| 490 | or alimony.  | 
| 491 |      Section 8.  Present subsection (6) of section 185.05,  | 
| 492 | Florida Statutes, is redesignated as subsection (7), and a new  | 
| 493 | subsection (6) is added to that section, to read: | 
| 494 |      185.05  Board of trustees; members; terms of office;  | 
| 495 | meetings; legal entity; costs; attorney's fees.--For any  | 
| 496 | municipality, chapter plan, local law municipality, or local law  | 
| 497 | plan under this chapter: | 
| 498 |      (6)  The board of trustees may, upon written request by the  | 
| 499 | retiree of the plan, or by a dependent, when authorized by the  | 
| 500 | retiree or the retiree's beneficiary, authorize the plan  | 
| 501 | administrator to withhold from the monthly retirement payment  | 
| 502 | those funds that are necessary to pay for the benefits being  | 
| 503 | received through the governmental entity from which the employee  | 
| 504 | retired, to pay the certified bargaining agent of the  | 
| 505 | governmental entity, and to make any payments for child support  | 
| 506 | or alimony.  | 
| 507 |      Section 9.  The sum of $300,000 is appropriated from the  | 
| 508 | General Revenue Fund to the Department of Revenue for the one- | 
| 509 | time expense of creating the original database called for by  | 
| 510 | sections 1 and 2 of this act and to support the implementation  | 
| 511 | process for use of the database. It is the intent of the  | 
| 512 | Legislature in providing this appropriation that the database  | 
| 513 | for sections 1 and 2 of this act be available for use in  | 
| 514 | determining the allocation of premiums to the various  | 
| 515 | municipalities and special fire control districts for the 2005  | 
| 516 | insurance premium tax return that is due by March 1, 2006.  | 
| 517 |      Section 10.  The Legislature finds that a proper and  | 
| 518 | legitimate state purpose is served when employees and retirees  | 
| 519 | of the state and its political subdivisions, and the dependents,  | 
| 520 | survivors, and beneficiaries of such employees and retirees, are  | 
| 521 | extended the basic protections afforded by governmental  | 
| 522 | retirement systems. These persons must be provided benefits that  | 
| 523 | are fair and adequate and that are managed, administered, and  | 
| 524 | funded in an actuarially sound manner, as required by Section  | 
| 525 | 14, Article X of the State Constitution, and part VII of chapter  | 
| 526 | 112, Florida Statutes. Therefore, the Legislature determines and  | 
| 527 | declares that this act fulfills an important state interest.  | 
| 528 |      Section 11.  This act shall take effect upon becoming a  | 
| 529 | law.  |