SENATE AMENDMENT
    Bill No. CS for SB 654
    Amendment No. ___   Barcode 270192
                            CHAMBER ACTION
              Senate                               House
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       03/15/2004 05:37 PM         .                    
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11  Senator Fasano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 175.1015, Florida Statutes, is
18  created to read:
19         175.1015  Determination of local premium tax situs.--
20         (1)(a)  Any insurance company that is obligated to
21  report and remit the excise tax on property insurance premiums
22  imposed under s. 175.101 shall be held harmless from any
23  liability, including, but not limited to, liability for taxes,
24  interest, or penalties that would otherwise be due solely as a
25  result of an assignment of an insured property to an incorrect
26  local taxing jurisdiction if the insurance company exercises
27  due diligence in applying an electronic database provided by
28  the Department of Revenue under subsection (2). Insurance
29  companies that do not use the electronic database provided by
30  the Department of Revenue or that do not exercise due
31  diligence in applying the electronic database for tax years on
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SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 or after January 1, 2006, are subject to a 0.5 percent penalty 2 on the portion of the premium pertaining to any insured risk 3 that is improperly assigned, whether assigned to an improper 4 local taxing jurisdiction, not assigned to a local taxing 5 jurisdiction when it should be assigned to a local taxing 6 jurisdiction, or assigned to a local taxing jurisdiction when 7 it should not be assigned to a local taxing jurisdiction. 8 (b) Any insurance company that is obligated to report 9 and remit the excise tax on commercial property insurance 10 premiums imposed under s. 175.101 and is unable, after due 11 diligence, to assign an insured property to a specific local 12 taxing jurisdiction for purposes of complying with 13 paragraph(a) shall remit the excise tax on commercial property 14 insurance premiums using a methodology of apportionment in a 15 manner consistent with the remittance for the 2004 calendar 16 year. An insurance company which makes two contacts with the 17 agent responsible for a commercial property insurance 18 application for the purpose of verifying information on the 19 application necessary for the assignment to the appropriate 20 taxing jurisdiction, shall be considered to have exercised due 21 diligence. Any insurance company which complies with the 22 provisions of this paragraph shall not be subject to the 23 penalty provided in paragraph (a). 24 (2)(a) The Department of Revenue shall, subject to 25 legislative appropriation, create as soon as practical and 26 feasible, and thereafter shall maintain, an electronic 27 database that conforms to any format approved by the American 28 National Standards Institute's Accredited Standards Committee 29 X12 and that designates for each street address and address 30 range in the state, including any multiple postal street 31 addresses applicable to one street location, the local taxing 2 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 jurisdiction in which the street address and address range is 2 located, and the appropriate code for each such participating 3 local taxing jurisdiction, identified by one nationwide 4 standard numeric code. The nationwide standard numeric code 5 must contain the same number of numeric digits, and each digit 6 or combination of digits must refer to the same level of 7 taxing jurisdiction throughout the United States and must be 8 in a format similar to FIPS 55-3 or other appropriate standard 9 approved by the Federation of Tax Administrators and the 10 Multistate Tax Commission. Each address or address range must 11 be provided in standard postal format, including the street 12 number, street number range, street name, and zip code. Each 13 year after the creation of the initial database, the 14 Department of Revenue shall annually create and maintain a 15 database for the current tax year. Each annual database must 16 be calendar-year specific. 17 (b)1. Each participating local taxing jurisdiction 18 shall furnish to the Department of Revenue all information 19 needed to create the electronic database as soon as practical 20 and feasible. The information furnished to the Department of 21 Revenue must specify an effective date. 22 2. Each participating local taxing jurisdiction shall 23 furnish to the Department of Revenue all information needed to 24 create and update the current year's database, including 25 changes in annexations, incorporations, and reorganizations 26 and any other changes in jurisdictional boundaries, as well as 27 changes in eligibility to participate in the excise tax 28 imposed under this chapter. The information must specify an 29 effective date and must be furnished to the Department of 30 Revenue by July 1 of the current year. 31 3. The Department of Revenue shall create and update 3 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 the current year's database in accordance with the information 2 furnished by participating local taxing jurisdictions under 3 subparagraph 1. or subparagraph 2., as appropriate. To the 4 extent practicable, the Department of Revenue shall post each 5 new annual database on a web site by September 1 of each year. 6 Each participating local taxing jurisdiction shall have access 7 to this web site and, within 30 days thereafter, shall provide 8 any corrections to the Department of Revenue. The Department 9 of Revenue shall finalize the current year's database and post 10 it on a web site by November 1 of the current year. If a 11 dispute in jurisdictional boundaries cannot be resolved so 12 that changes in boundaries may be included, as appropriate, in 13 the database by November 1, the changes may not be 14 retroactively included in the current year's database and the 15 boundaries will remain the same as in the previous year's 16 database. The finalized database must be used in assigning 17 policies and premiums to the proper local taxing jurisdiction 18 for the insurance premium tax return due on the following 19 March 1 for the tax year 2005. For subsequent tax years, the 20 finalized database must be used in assigning policies and 21 premiums to the proper local taxing jurisdiction for the 22 insurance premium tax return due for the tax year beginning on 23 or after the January 1 following the website posting of the 24 database. Information contained in the electronic database is 25 conclusive for purposes of this chapter. The electronic 26 database is not an order, a rule, or a policy of general 27 applicability. 28 4. Each annual database must identify the additions, 29 deletions, and other changes to the preceding version of the 30 database. 31 (3)(a) As used in this section, the term "due 4 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 diligence" means the care and attention that is expected from 2 and is ordinarily exercised by a reasonable and prudent person 3 under the circumstances. 4 (b) Notwithstanding any law to the contrary, an 5 insurance company is exercising due diligence if the insurance 6 company complies with the provisions of paragraph (1)(b) or if 7 the insurance company assigns an insured's premium to local 8 taxing jurisdictions in accordance with the Department of 9 Revenue's annual database and with respect to such database: 10 1. Expends reasonable resources to accurately and 11 reliably implement such method; 12 2. Maintains adequate internal controls to correctly 13 include in its database of policyholders the location of the 14 property insured, in the proper address format, so that 15 matching with the department's database is accurate; and 16 3. Corrects errors in the assignment of addresses to 17 local taxing jurisdictions within 120 days after the insurance 18 company discovers the errors. 19 (4) There is annually appropriated from the moneys 20 collected under this chapter and deposited in the Police and 21 Firefighter's Premium Tax Trust Fund an amount sufficient to 22 pay the expenses of the Department of Revenue in administering 23 this section, but not to exceed $50,000 annually, adjusted 24 annually by the lesser of a 5 percent increase or the 25 percentage of growth in the total collections. 26 (5) The Department of Revenue shall adopt rules 27 necessary to administer this section, including rules 28 establishing procedures and forms. 29 (6) Any insurer that is obligated to collect and remit 30 the tax on property insurance imposed under s. 175.101 shall 31 be held harmless from any liability, including, but not 5 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 limited to, liability for taxes, interest, or penalties that 2 would otherwise be due solely as a result of an assignment of 3 an insured property to an incorrect local taxing jurisdiction, 4 based on the collection and remission of the tax accruing 5 before January 1, 2005, if the insurer collects and reports 6 this tax consistent with filings for periods before January 1, 7 2005. Further, any insurer that is obligated to collect and 8 remit the tax on property insurance imposed under this section 9 is not subject to an examination under s. 624.316 or s. 10 624.3161 which would occur solely as a result of an assignment 11 of an insured property to an incorrect local taxing 12 jurisdiction, based on the collection and remission of such 13 tax accruing before January 1, 2005. 14 Section 2. Section 185.085, Florida Statutes, is 15 created to read: 16 185.085 Determination of local premium tax situs.-- 17 (1)(a) Any insurance company that is obligated to 18 report and remit the excise tax on casualty insurance premiums 19 imposed under s. 185.08 shall be held harmless from any 20 liability, including, but not limited to, liability for taxes, 21 interest, or penalties that would otherwise be due solely as a 22 result of an assignment of an insured property to an incorrect 23 local taxing jurisdiction if the insurance company exercises 24 due diligence in applying an electronic database provided by 25 the Department of Revenue under subsection (2). Insurance 26 companies that do not use the electronic database provided by 27 the Department of Revenue or that do not exercise due 28 diligence in applying the electronic database for tax years on 29 or after January 1, 2006, are subject to a 0.5 percent penalty 30 on the portion of the premium pertaining to any insured risk 31 that is improperly assigned, whether assigned to an improper 6 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 local taxing jurisdiction, not assigned to a local taxing 2 jurisdiction when it should be assigned to a local taxing 3 jurisdiction, or assigned to a local taxing jurisdiction when 4 it should not be assigned to a local taxing jurisdiction. 5 (b) Any insurance company that is obligated to report 6 and remit the excise tax on commercial casualty insurance 7 premiums imposed under s. 185.08 and is unable, after due 8 diligence, to assign an insured property to a specific local 9 taxing jurisdiction for purposes of complying with 10 paragraph(a) shall remit the excise tax on commercial casualty 11 insurance premiums using a methodology of apportionment in a 12 manner consistent with the remittance for the 2004 calendar 13 year. An insurance company which makes two contacts with the 14 agent responsible for a commercial property insurance 15 application for the purpose of verifying information on the 16 application necessary for the assignment to the appropriate 17 taxing jurisdiction, shall be considered to have exercised due 18 diligence. Any insurance company which complies with the 19 provisions of this paragraph shall not be subject to the 20 penalty provided in paragraph (a). 21 (2)(a) The Department of Revenue shall, subject to 22 legislative appropriation, create as soon as practical and 23 feasible, and thereafter shall maintain, an electronic 24 database that conforms to any format approved by the American 25 National Standards Institute's Accredited Standards Committee 26 X12 and that designates for each street address and address 27 range in the state, including any multiple postal street 28 addresses applicable to one street location, the local taxing 29 jurisdiction in which the street address and address range is 30 located, and the appropriate code for each such participating 31 local taxing jurisdiction, identified by one nationwide 7 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 standard numeric code. The nationwide standard numeric code 2 must contain the same number of numeric digits, and each digit 3 or combination of digits must refer to the same level of 4 taxing jurisdiction throughout the United States and must be 5 in a format similar to FIPS 55-3 or other appropriate standard 6 approved by the Federation of Tax Administrators and the 7 Multistate Tax Commission. Each address or address range must 8 be provided in standard postal format, including the street 9 number, street number range, street name, and zip code. Each 10 year after the creation of the initial database, the 11 Department of Revenue shall annually create and maintain a 12 database for the current tax year. Each annual database must 13 be calendar-year specific. 14 (b)1. Each participating local taxing jurisdiction 15 shall furnish to the Department of Revenue all information 16 needed to create the electronic database as soon as practical 17 and feasible. The information furnished to the Department of 18 Revenue must specify an effective date. 19 2. Each participating local taxing jurisdiction shall 20 furnish to the Department of Revenue all information needed to 21 create and update the current year's database, including 22 changes in annexations, incorporations, and reorganizations 23 and any other changes in jurisdictional boundaries, as well as 24 changes in eligibility to participate in the excise tax 25 imposed under this chapter. The information must specify an 26 effective date and must be furnished to the Department of 27 Revenue by July 1 of the current year. 28 3. The Department of Revenue shall create and update 29 the current year's database in accordance with the information 30 furnished by participating local taxing jurisdictions under 31 subparagraph 1. or subparagraph 2., as appropriate. To the 8 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 extent practicable, the Department of Revenue shall post each 2 new annual database on a web site by September 1 of each year. 3 Each participating local taxing jurisdiction shall have access 4 to this web site and, within 30 days thereafter, shall provide 5 any corrections to the Department of Revenue. The Department 6 of Revenue shall finalize the current year's database and post 7 it on a web site by November 1 of the current year. If a 8 dispute in jurisdictional boundaries cannot be resolved so 9 that changes in boundaries may be included, as appropriate, in 10 the database by November 1, the changes may not be 11 retroactively included in the current year's database and the 12 boundaries will remain the same as in the previous year's 13 database. The finalized database must be used in assigning 14 policies and premiums to the proper local taxing jurisdiction 15 for the insurance premium tax return due on the following 16 March 1 for the tax year 2005. For subsequent tax years, the 17 finalized database must be used in assigning policies and 18 premiums to the proper local taxing jurisdiction for the 19 insurance premium tax return due for the tax year beginning on 20 or after the January 1 following the website posting of the 21 database. Information contained in the electronic database is 22 conclusive for purposes of this chapter. The electronic 23 database is not an order, a rule, or a policy of general 24 applicability. 25 4. Each annual database must identify the additions, 26 deletions, and other changes to the preceding version of the 27 database. 28 (3)(a) As used in this section, the term "due 29 diligence" means the care and attention that is expected from 30 and is ordinarily exercised by a reasonable and prudent person 31 under the circumstances. 9 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 (b) Notwithstanding any law to the contrary, an 2 insurance company is exercising due diligence if the insurance 3 company complies with the provisions of paragraph (1)(b) or if 4 the insurance company assigns an insured's premium to local 5 taxing jurisdictions in accordance with the Department of 6 Revenue's annual database and with respect to such database: 7 1. Expends reasonable resources to accurately and 8 reliably implement such method; 9 2. Maintains adequate internal controls to correctly 10 include in its database of policyholders the location of the 11 property insured, in the proper address format, so that 12 matching with the department's database is accurate; and 13 3. Corrects errors in the assignment of addresses to 14 local taxing jurisdictions within 120 days after the insurance 15 company discovers the errors. 16 (4) There is annually appropriated from the moneys 17 collected under this chapter and deposited in the Police and 18 Firefighter's Premium Tax Trust Fund an amount sufficient to 19 pay the expenses of the Department of Revenue in administering 20 this section, but not to exceed $50,000 annually, adjusted 21 annually by the lesser of a 5 percent increase or the 22 percentage of growth in the total collections. 23 (5) The Department of Revenue shall adopt rules 24 necessary to administer this section, including rules 25 establishing procedures and forms. 26 (6)(a) Notwithstanding any other law, a methodology, 27 formula, or database that is adopted in any year after January 28 1, 2005, may not result in a distribution to a participating 29 municipality that has a retirement plan created pursuant to 30 this chapter of an amount of excise tax which is less than the 31 amount distributed to such participating municipality for 10 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 calendar year 2004. However, if the total proceeds to be 2 distributed for the current year from the excise tax imposed 3 under s. 185.08 are less than the total amount distributed for 4 calendar year 2004, each participating municipality shall 5 receive a current year distribution that is proportionate to 6 its share of the total 2004 calendar year distribution. If the 7 total proceeds to be distributed for the current year from the 8 excise tax imposed under s. 185.08 are greater than or equal 9 to the total amount distributed for calendar year 2004, each 10 participating municipality shall initially be distributed a 11 minimum amount equal to the amount received for calendar year 12 2004. The remaining amount to be distributed for the current 13 year, which equals the total to be distributed for the current 14 year, less minimum distribution amount, shall be distributed 15 to those municipalities with an amount reported for the 16 current year which is greater than the amount distributed to 17 such municipality for calendar year 2004. Each municipality 18 eligible for distribution of this remaining amount shall 19 receive its proportionate share of the remaining amount based 20 upon the amount reported for that municipality, above the 21 calendar year 2004 distribution for the current year, to the 22 total amount over the calendar year 2004 distribution for all 23 municipalities with an amount reported for the current year 24 which is greater than the calendar year 2004 distribution. 25 (b) If a new municipality elects to participate under 26 this chapter during any year after January 1, 2005, such 27 municipality shall receive the total amount reported for the 28 current- year for such municipality. All other participating 29 municipalities shall receive a current year distribution, 30 calculated as provided in this section, which is proportionate 31 to their share of the total 2004 calendar year distribution 11 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 after subtracting the amount paid to the new participating 2 plans. 3 (c) This subsection expires January 1, 2008. 4 (7) Any insurer that is obligated to collect and remit 5 the tax on casualty insurance imposed under s. 185.08 shall be 6 held harmless from any liability, including, but not limited 7 to, liability for taxes, interest, or penalties that would 8 otherwise be due solely as a result of an assignment of an 9 insured risk to an incorrect local taxing jurisdiction, based 10 on the collection and remission of the tax accruing before 11 January 1, 2005, if the insurer collects and reports this tax 12 consistent with filings for periods before January 1, 2005. 13 Further, any insurer that is obligated to collect and remit 14 the tax on casualty insurance imposed under this section is 15 not subject to an examination under s. 624.316 or s. 624.3161 16 which would occur solely as a result of an assignment of an 17 insured risk to an incorrect local taxing jurisdiction, based 18 on the collection and remission of such tax accruing before 19 January 1, 2005. 20 Section 3. Subsection (1) of section 175.351, Florida 21 Statutes, is amended to read: 22 175.351 Municipalities and special fire control 23 districts having their own pension plans for 24 firefighters.--For any municipality, special fire control 25 district, local law municipality, local law special fire 26 control district, or local law plan under this chapter, in 27 order for municipalities and special fire control districts 28 with their own pension plans for firefighters, or for 29 firefighters and police officers, where included, to 30 participate in the distribution of the tax fund established 31 pursuant to s. 175.101, local law plans must meet the minimum 12 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 benefits and minimum standards set forth in this chapter. 2 (1) PREMIUM TAX INCOME.--If a municipality has a 3 pension plan for firefighters, or a pension plan for 4 firefighters and police officers, where included, which in the 5 opinion of the division meets the minimum benefits and minimum 6 standards set forth in this chapter, the board of trustees of 7 the pension plan, as approved by a majority of firefighters of 8 the municipality, may: 9 (a) Place the income from the premium tax in s. 10 175.101 in such pension plan for the sole and exclusive use of 11 its firefighters, or for firefighters and police officers, 12 where included, where it shall become an integral part of that 13 pension plan and shall be used to pay extra benefits to the 14 firefighters included in that pension plan; or 15 (b) Place the income from the premium tax in s. 16 175.101 in a separate supplemental plan to pay extra benefits 17 to firefighters, or to firefighters and police officers where 18 included, participating in such separate supplemental plan. 19 20 The premium tax provided by this chapter shall in all cases be 21 used in its entirety to provide extra benefits to 22 firefighters, or to firefighters and police officers, where 23 included. However, local law plans in effect on October 1, 24 1998, shall be required to comply with the minimum benefit 25 provisions of this chapter only to the extent that additional 26 premium tax revenues become available to incrementally fund 27 the cost of such compliance as provided in s. 175.162(2)(a). 28 When a plan is in compliance with such minimum benefit 29 provisions, as subsequent additional premium tax revenues 30 become available, they shall be used to provide extra 31 benefits. For the purpose of this chapter, "additional premium 13 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 tax revenues" means revenues received by a municipality or 2 special fire control district pursuant to s. 175.121 which 3 that exceed that amount received for calendar year 1997, and 4 the term "extra benefits" means benefits in addition to or 5 greater than those provided to general employees of the 6 municipality and in addition to those in existence for 7 firefighters on March 12, 1999. Local law plans created by 8 special act before May 23, 1939, shall be deemed to comply 9 with this chapter. 10 Section 4. Subsection (1) of section 185.35, Florida 11 Statutes, is amended to read: 12 185.35 Municipalities having their own pension plans 13 for police officers.--For any municipality, chapter plan, 14 local law municipality, or local law plan under this chapter, 15 in order for municipalities with their own pension plans for 16 police officers, or for police officers and firefighters where 17 included, to participate in the distribution of the tax fund 18 established pursuant to s. 185.08, local law plans must meet 19 the minimum benefits and minimum standards set forth in this 20 chapter: 21 (1) PREMIUM TAX INCOME.--If a municipality has a 22 pension plan for police officers, or for police officers and 23 firefighters where included, which, in the opinion of the 24 division, meets the minimum benefits and minimum standards set 25 forth in this chapter, the board of trustees of the pension 26 plan, as approved by a majority of police officers of the 27 municipality, may: 28 (a) Place the income from the premium tax in s. 185.08 29 in such pension plan for the sole and exclusive use of its 30 police officers, or its police officers and firefighters where 31 included, where it shall become an integral part of that 14 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 pension plan and shall be used to pay extra benefits to the 2 police officers included in that pension plan; or 3 (b) May place the income from the premium tax in s. 4 185.08 in a separate supplemental plan to pay extra benefits 5 to the police officers, or police officers and firefighters 6 where included, participating in such separate supplemental 7 plan. 8 9 The premium tax provided by this chapter shall in all cases be 10 used in its entirety to provide extra benefits to police 11 officers, or to police officers and firefighters, where 12 included. However, local law plans in effect on October 1, 13 1998, shall be required to comply with the minimum benefit 14 provisions of this chapter only to the extent that additional 15 premium tax revenues become available to incrementally fund 16 the cost of such compliance as provided in s. 185.16(2). When 17 a plan is in compliance with such minimum benefit provisions, 18 as subsequent additional tax revenues become available, they 19 shall be used to provide extra benefits. For the purpose of 20 this chapter, "additional premium tax revenues" means revenues 21 received by a municipality pursuant to s. 185.10 which that 22 exceed the amount received for calendar year 1997, and the 23 term "extra benefits" means benefits in addition to or greater 24 than those provided to general employees of the municipality 25 and in addition to those in existence for police officers on 26 March 12, 1999. Local law plans created by special act before 27 May 23, 1939, shall be deemed to comply with this chapter. 28 Section 5. Subsection (7) is added to section 175.061, 29 Florida Statutes, to read: 30 175.061 Board of trustees; members; terms of office; 31 meetings; legal entity; costs; attorney's fees.--For any 15 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 municipality, special fire control district, chapter plan, 2 local law municipality, local law special fire control 3 district, or local law plan under this chapter: 4 (7) The board of trustees may, upon written request by 5 the retiree of the plan, or by a dependent, when authorized by 6 the retiree or the retiree's beneficiary, authorize the plan 7 administrator to withhold from the monthly retirement payment 8 those funds that are necessary to pay for the benefits being 9 received through the governmental entity from which the 10 employee retired, to pay the certified bargaining agent of the 11 governmental entity, and to make any payments required by law. 12 Section 6. Present subsection (6) of section 185.05, 13 Florida Statutes, is redesignated as subsection (7), and a new 14 subsection (6) is added to that section, to read: 15 185.05 Board of trustees; members; terms of office; 16 meetings; legal entity; costs; attorney's fees.--For any 17 municipality, chapter plan, local law municipality, or local 18 law plan under this chapter: 19 (6) The board of trustees may, upon written request by 20 the retiree of the plan, or by a dependent, when authorized by 21 the retiree or the retiree's beneficiary, authorize the plan 22 administrator to withhold from the monthly retirement payment 23 those funds that are necessary to pay for the benefits being 24 received through the governmental entity from which the 25 employee retired, to pay the certified bargaining agent of the 26 governmental entity, and to make any payments required by law. 27 Section 7. The sum of $300,000 is appropriated from 28 the General Revenue Fund to the Department of Revenue for the 29 one-time expense of creating the original database called for 30 by sections 1 and 2 of this act and to support the 31 implementation process for use of the database. It is the 16 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 intent of the Legislature in providing this appropriation that 2 the database for sections 1 and 2 of this act be available for 3 use in determining the allocation of premiums to the various 4 municipalities and special fire control districts for the 2005 5 insurance premium tax return that is due by March 1, 2006. 6 Section 8. The Legislature finds that a proper and 7 legitimate state purpose is served when employees and retirees 8 of the state and its political subdivisions, and the 9 dependents, survivors, and beneficiaries of such employees and 10 retirees, are extended the basic protections afforded by 11 governmental retirement systems. These persons must be 12 provided benefits that are fair and adequate and that are 13 managed, administered, and funded in an actuarially sound 14 manner, as required by Section 14, Article X of the State 15 Constitution, and part VII of chapter 112, Florida Statutes. 16 Therefore, the Legislature determines and declares that this 17 act fulfills an important state interest. 18 Section 9. This act shall take effect upon becoming a 19 law. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to firefighter and municipal 29 police pensions; creating s. 175.1015, F.S.; 30 authorizing the Department of Revenue to create 31 and maintain a database for use by insurers 17 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 that report and remit an excise tax on property 2 insurance premiums; providing incentives to 3 insurers for using the database and penalties 4 for failure to use the database; requiring 5 local governments to provide information to the 6 department; appropriating funds to the 7 department for the administration of the 8 database; authorizing the department to adopt 9 rules; creating s. 185.085, F.S.; authorizing 10 the Department of Revenue to create and 11 maintain a database for use by insurers that 12 report and remit an excise tax on casualty 13 insurers premiums; providing incentives to 14 insurers for using the database and penalties 15 for failure to use the database; requiring 16 local governments to provide information to the 17 department; appropriating funds to the 18 department for the administration of the 19 database; authorizing the department to adopt 20 rules; providing for distribution of tax 21 revenues through 2007; amending s. 175.351, 22 F.S.; providing for the meaning of the term 23 "extra benefits" with respect to pension plans 24 for firefighters; amending s. 185.35, F.S.; 25 providing for the meaning of the term "extra 26 benefits" with respect to pension plans for 27 municipal police officers; amending s. 175.061, 28 F.S.; authorizing the plan administrator to 29 withhold certain funds; amending s. 185.05, 30 F.S.; authorizing the plan administrator to 31 withhold certain funds; providing an 18 4:57 PM 03/03/04 s0654c1c-11t01
SENATE AMENDMENT Bill No. CS for SB 654 Amendment No. ___ Barcode 270192 1 appropriation to the Department of Revenue; 2 providing an effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 4:57 PM 03/03/04 s0654c1c-11t01