HB 1159

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.055, F.S.; during a specified period of time,
4permitting local government employees who are members of
5the Senior Management Service Class, who have withdrawn
6from the Florida Retirement System, to elect membership in
7the defined benefit program or the public employee
8optional retirement program of the system; prescribing
9requirements in making such election; providing for
10payment of the costs of such membership; amending s.
11175.041, F.S.; providing that any municipality that
12provides fire protection services to another municipality
13under an interlocal agreement is eligible to receive
14premium taxes; authorizing the municipality that receives
15the fire protection services to enact an ordinance levying
16the tax; authorizing the Division of Retirement within the
17Department of Management Services to distribute the
18premium taxes; amending s. 175.101, F.S.; authorizing any
19municipality that has entered into an interlocal agreement
20for fire protection services with another municipality to
21impose an excise tax on entities that are engaged in the
22business of property insurance; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Paragraph (b) of subsection (1) of section
28121.055, Florida Statutes, is amended to read:
29     121.055  Senior Management Service Class.--There is hereby
30established a separate class of membership within the Florida
31Retirement System to be known as the "Senior Management Service
32Class," which shall become effective February 1, 1987.
33     (1)
34     (b)1.  Except as provided in subparagraph 2., effective
35January 1, 1990, participation in the Senior Management Service
36Class shall be compulsory for the president of each community
37college, the manager of each participating city or county, and
38all appointed district school superintendents.  Effective
39January 1, 1994, additional positions may be designated for
40inclusion in the Senior Management Service Class of the Florida
41Retirement System, provided that:
42     a.  Positions to be included in the class shall be
43designated by the local agency employer.  Notice of intent to
44designate positions for inclusion in the class shall be
45published once a week for 2 consecutive weeks in a newspaper of
46general circulation published in the county or counties
47affected, as provided in chapter 50.
48     b.  Up to 10 nonelective full-time positions may be
49designated for each local agency employer reporting to the
50Department of Management Services; for local agencies with 100
51or more regularly established positions, additional nonelective
52full-time positions may be designated, not to exceed 1 percent
53of the regularly established positions within the agency.
54     c.  Each position added to the class must be a managerial
55or policymaking position filled by an employee who is not
56subject to continuing contract and serves at the pleasure of the
57local agency employer without civil service protection, and who:
58     (I)  Heads an organizational unit; or
59     (II)  Has responsibility to effect or recommend personnel,
60budget, expenditure, or policy decisions in his or her areas of
61responsibility.
62     2.  In lieu of participation in the Senior Management
63Service Class, members of the Senior Management Service Class
64pursuant to the provisions of subparagraph 1. may withdraw from
65the Florida Retirement System altogether. The decision to
66withdraw from the Florida Retirement System shall be irrevocable
67for as long as the employee holds such a position. Any service
68creditable under the Senior Management Service Class shall be
69retained after the member withdraws from the Florida Retirement
70System; however, additional service credit in the Senior
71Management Service Class shall not be earned after such
72withdrawal.  Such members shall not be eligible to participate
73in the Senior Management Service Optional Annuity Program.
74     3.  Effective January 1, 2006, through June 30, 2006, an
75employee who has withdrawn from the Florida Retirement System
76under subparagraph 2. has one opportunity to elect to
77participate in either the defined benefit program or the Public
78Employee Optional Retirement Program of the Florida Retirement
79System.
80     a.  If the employee elects to participate in the Public
81Employee Optional Retirement Program, membership shall be
82prospective, and the applicable provisions of s. 121.4501(4)
83shall govern the election.
84     b.  If the employee elects to participate in the defined
85benefit program of the Florida Retirement System, the employee
86shall, upon payment to the system trust fund of the amount
87calculated under sub-sub-subparagraph (I), receive service
88credit for prior service based upon the time during which the
89employee had withdrawn from the system.
90     (I)  The cost for such credit shall be an amount
91representing the actuarial accrued liability for the affected
92period of service. The cost shall be calculated using the
93discount rate and other relevant actuarial assumptions that were
94used to value the Florida Retirement System defined benefit plan
95liabilities in the most recent actuarial valuation. The
96calculation shall include any service already maintained under
97the defined benefit plan in addition to the period of
98withdrawal. The actuarial accrued liability attributable to any
99service already maintained under the defined benefit plan shall
100be applied as a credit to the total cost resulting from the
101calculation. The division shall ensure that the transfer sum is
102prepared using a formula and methodology certified by an
103actuary.
104     (II)  The employee must transfer a sum representing the net
105cost owed for the actuarial accrued liability in sub-sub-
106subparagraph (I) immediately following the time of such
107movement, determined assuming that attained service equals the
108sum of service in the defined benefit program and the period of
109withdrawal.
110     Section 2.  Subsection (3) of section 175.041, Florida
111Statutes, is amended to read:
112     175.041  Firefighters' Pension Trust Fund created;
113applicability of provisions.--For any municipality, special fire
114control district, chapter plan, local law municipality, local
115law special fire control district, or local law plan under this
116chapter:
117     (3)  The provisions of this chapter shall apply only to
118municipalities organized and established pursuant to the laws of
119the state and to special fire control districts, and said
120provisions shall not apply to the unincorporated areas of any
121county or counties except with respect to special fire control
122districts that include unincorporated areas, nor shall the
123provisions hereof apply to any governmental entity whose
124firefighters are eligible to participate in the Florida
125Retirement System.
126     (a)  Special fire control districts that include, or
127consist exclusively of, unincorporated areas of one or more
128counties may levy and impose the tax and participate in the
129retirement programs enabled by this chapter.
130     (b)  With respect to the distribution of premium taxes, a
131single consolidated government consisting of a former county and
132one or more municipalities, consolidated pursuant to s. 3 or s.
1336(e) (6)(e), Art. VIII of the State Constitution, is also
134eligible to participate under this chapter. The consolidated
135government shall notify the division when it has entered into an
136interlocal agreement to provide fire services to a municipality
137within its boundaries. The municipality may enact an ordinance
138levying the tax as provided in s. 175.101. Upon being provided
139copies of the interlocal agreement and the municipal ordinance
140levying the tax, the division may distribute any premium taxes
141reported for the municipality to the consolidated government as
142long as the interlocal agreement is in effect.
143     (c)  Any municipality that has entered into an interlocal
144agreement to provide fire protection services to any other
145incorporated municipality, in its entirety, for a period of 12
146months or more may be eligible to receive the premium taxes
147reported for such other municipality. In order to be eligible
148for such premium taxes, the municipality providing the fire
149services must notify the division that it has entered into an
150interlocal agreement with another municipality. The municipality
151receiving the fire services may enact an ordinance levying the
152tax as provided in s. 175.101. Upon being provided copies of the
153interlocal agreement and the municipal ordinance levying the
154tax, the division may distribute any premium taxes reported for
155the municipality receiving the fire services to the
156participating municipality providing the fire services as long
157as the interlocal agreement is in effect.
158     Section 3.  Section 175.101, Florida Statutes, is amended
159to read:
160     175.101  State excise tax on property insurance premiums
161authorized; procedure.--For any municipality, special fire
162control district, chapter plan, local law municipality, local
163law special fire control district, or local law plan under this
164chapter:
165     (1)  Each municipality or special fire control district in
166this state described and classified in s. 175.041, having a
167lawfully established firefighters' pension trust fund or
168municipal fund or special fire control district fund, by
169whatever name known, providing pension benefits to firefighters
170as provided under this chapter, may assess and impose on every
171insurance company, corporation, or other insurer now engaged in
172or carrying on, or who shall hereinafter engage in or carry on,
173the business of property insurance as shown by the records of
174the Office of Insurance Regulation of the Financial Services
175Commission an excise tax in addition to any lawful license or
176excise tax now levied by each of the municipalities or special
177fire control districts, respectively, amounting to 1.85 percent
178of the gross amount of receipts of premiums from policyholders
179on all premiums collected on property insurance policies
180covering property within the corporate limits of such
181municipalities or within the legally defined boundaries of
182special fire control districts, respectively. Whenever the
183boundaries of a special fire control district that has lawfully
184established a firefighters' pension trust fund encompass a
185portion of the corporate territory of a municipality that has
186also lawfully established a firefighters' pension trust fund,
187that portion of the tax receipts attributable to insurance
188policies covering property situated both within the municipality
189and the special fire control district shall be given to the fire
190service provider. The agent shall identify the fire service
191provider on the property owner's application for insurance.  
192Remaining revenues collected pursuant to this chapter shall be
193distributed to the municipality or special fire control district
194according to the location of the insured property.
195     (2)  In the case of multiple peril policies with a single
196premium for both the property and casualty coverages in such
197policies, 70 percent of such premium shall be used as the basis
198for the 1.85-percent tax.
199     (3)  This excise tax shall be payable annually on March 1
200of each year after the passage of an ordinance, in the case of a
201municipality, or resolution, in the case of a special fire
202control district, assessing and imposing the tax authorized by
203this section.  Installments of taxes shall be paid according to
204the provision of s. 624.5092(2)(a), (b), and (c).
205
206This section also applies to any municipality consisting of a
207single consolidated government which is made up of a former
208county and one or more municipalities, consolidated pursuant to
209the authority in s. 3 or s. 6(e), Art. VIII of the State
210Constitution, and to property insurance policies covering
211property within the boundaries of the consolidated government,
212regardless of whether the properties are located within one or
213more separately incorporated areas within the consolidated
214government, provided the properties are being provided fire
215protection services by the consolidated government. This section
216also applies to any municipality, as provided in s.
217175.041(3)(c), which has entered into an interlocal agreement to
218receive fire protection services from another municipality
219participating under chapter 175. The excise tax may be levied on
220all premiums collected on property insurance policies covering
221property located within the corporate limits of the municipality
222receiving the fire protection services, but will be available
223for distribution to the municipality providing the fire
224protection services.
225     Section 4.  This act shall take effect October 1, 2005.


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