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. |