Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 198
                        Barcode 465434
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/13/2007 08:11 AM         .                    
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11  The Committee on Governmental Operations (Argenziano)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (a) of subsection (8) and
19  subsection (16) of section 175.032, Florida Statutes, are
20  amended to read:
21         175.032  Definitions.--For any municipality, special
22  fire control district, chapter plan, local law municipality,
23  local law special fire control district, or local law plan
24  under this chapter, the following words and phrases have the
25  following meanings:
26         (8)(a)  "Firefighter" means any person employed solely
27  by a constituted fire department of any municipality or
28  special fire control district who is certified as a
29  firefighter as a condition of employment in accordance with
30  the provisions of s. 633.35 and whose duty it is to extinguish
31  fires, to protect life, or to protect property. "Firefighter"
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 includes all certified supervisory and command personnel whose 2 duties include, in whole or in part, the supervision, 3 training, guidance, and management responsibilities of 4 full-time firefighters, part-time firefighters, or auxiliary 5 firefighters but does not include part-time firefighters or 6 auxiliary firefighters. However, for purposes of this chapter 7 only, "firefighter" also includes public safety officers who 8 are responsible for performing both police and fire services, 9 who are certified as police officers or firefighters, and who 10 are certified by their employers to the Chief Financial 11 Officer as participating in this chapter prior to October 1, 12 1979. Effective October 1, 1979, public safety officers who 13 have not been certified as participating in this chapter shall 14 be considered police officers for retirement purposes and 15 shall be eligible to participate in chapter 185. Any plan may 16 provide that the fire chief shall have an option to 17 participate, or not, in that plan. 18 (16) "Special fire control district" means a special 19 district, as defined in s. 189.403(1), established for the 20 purposes of extinguishing fires, protecting life, and 21 protecting property within the incorporated or unincorporated 22 portions of any county or combination of counties, or within 23 any combination of incorporated and unincorporated portions of 24 any county or combination of counties. The term includes 25 community development districts providing fire suppression and 26 related services pursuant to s. 190.012(2)(b). The term does 27 not include any dependent or independent special district, as 28 defined in s. 189.403(2) and (3), respectively, the employees 29 of which are members of the Florida Retirement System pursuant 30 to s. 121.051(1) or (2). 31 Section 2. Paragraph (a) of subsection (1) and 2 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 subsection (7) of section 175.061, Florida Statutes, are 2 amended to read: 3 175.061 Board of trustees; members; terms of office; 4 meetings; legal entity; costs; attorney's fees.--For any 5 municipality, special fire control district, chapter plan, 6 local law municipality, local law special fire control 7 district, or local law plan under this chapter: 8 (1) In each municipality and in each special fire 9 control district there is hereby created a board of trustees 10 of the firefighters' pension trust fund, which shall be solely 11 responsible for administering the trust fund. Effective 12 October 1, 1986, and thereafter: 13 (a) The membership of the board of trustees for a 14 chapter plan shall consist of five members, two of whom, 15 unless otherwise prohibited by law, shall be legal residents 16 of the municipality or special fire control district, who 17 shall be appointed by the governing body of the municipality 18 or special fire control district, and two of whom shall be 19 full-time firefighters as defined in s. 175.032 who shall be 20 elected by a majority of the active firefighters who are 21 members of such plan. With respect to any chapter plan or 22 local law plan that, on January 1, 1997, allowed retired 23 firefighters to vote in such elections, retirees may continue 24 to vote in such elections. The fifth member shall be chosen by 25 a majority of the previous four members as provided for 26 herein, and such person's name shall be submitted to the 27 governing body of the municipality or special fire control 28 district. Upon receipt of the fifth person's name, the 29 governing body of the municipality or special fire control 30 district shall, as a ministerial duty, appoint such person to 31 the board of trustees as its fifth member. The fifth member 3 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 shall have the same rights as each of the other four members 2 appointed or elected as herein provided, shall serve as 3 trustee for a period of 2 years, and may succeed himself or 4 herself in office. Each resident member shall serve as trustee 5 for a period of 2 years, unless sooner replaced by the 6 governing body at whose pleasure he or she shall serve, and 7 may succeed himself or herself as a trustee. Each firefighter 8 member shall serve as trustee for a period of 2 years, unless 9 he or she sooner leaves the employment of the municipality or 10 special fire control district as a firefighter, whereupon a 11 successor shall be chosen in the same manner as an original 12 appointment. Each firefighter may succeed himself or herself 13 in office. The terms of office of the appointed and elected 14 members of the board may be amended by municipal ordinance, 15 special act of the Legislature, or resolution adopted by the 16 governing body of the special fire control district to extend 17 the terms of office from 2 years to 4 years. The length of the 18 terms of office shall be the same for all board members. 19 (7) 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 for child 27 support or alimony. Further, the board of trustees may, upon 28 written request of the retiree of the plan, authorize the plan 29 administrator to withhold from the retirement payment those 30 funds that are necessary to pay for premiums for accident, 31 health, and long-term care insurance for the retiree and the 4 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 retiree's spouse and dependents. A retirement plan does not 2 incur any liability for participation in this permissive 3 program if its actions are taken in good faith. 4 Section 3. Subsection (1) of section 175.071, Florida 5 Statutes, is amended to read: 6 175.071 General powers and duties of board of 7 trustees.--For any municipality, special fire control 8 district, chapter plan, local law municipality, local law 9 special fire control district, or local law plan under this 10 chapter: 11 (1) The board of trustees, subject to the fiduciary 12 standards in ss. 112.656, 112.661, and 518.11 and the Code of 13 Ethics in ss. 112.311-112.3187, may: 14 (a) Invest and reinvest the assets of the 15 firefighters' pension trust fund in annuity and life insurance 16 contracts of life insurance companies in amounts sufficient to 17 provide, in whole or in part, the benefits to which all of the 18 participants in the firefighters' pension trust fund shall be 19 entitled under the provisions of this chapter and pay the 20 initial and subsequent premiums thereon. 21 (b) Invest and reinvest the assets of the 22 firefighters' pension trust fund in: 23 1. Time or savings accounts of a national bank, a 24 state bank insured by the Bank Insurance Fund, or a savings, 25 building, and loan association insured by the Savings 26 Association Insurance Fund which is administered by the 27 Federal Deposit Insurance Corporation or a state or federal 28 chartered credit union whose share accounts are insured by the 29 National Credit Union Share Insurance Fund. 30 2. Obligations of the United States or obligations 31 guaranteed as to principal and interest by the government of 5 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 the United States. 2 3. Bonds issued by the State of Israel. 3 4. Bonds, stocks, or other evidences of indebtedness 4 issued or guaranteed by a corporation organized under the laws 5 of the United States, any state or organized territory of the 6 United States, or the District of Columbia, provided: 7 a. The corporation is listed on any one or more of the 8 recognized national stock exchanges or on the National Market 9 System of the NASDAQ Stock Market and, in the case of bonds 10 only, holds a rating in one of the three highest 11 classifications by a major rating service; and 12 b. The board of trustees shall not invest more than 5 13 percent of its assets in the common stock or capital stock of 14 any one issuing company, nor shall the aggregate investment in 15 any one issuing company exceed 5 percent of the outstanding 16 capital stock of that company or the aggregate of its 17 investments under this subparagraph at cost exceed 50 percent 18 of the assets of the fund. 19 20 This paragraph shall apply to all boards of trustees and 21 participants. However, in the event that a municipality or 22 special fire control district has a duly enacted pension plan 23 pursuant to, and in compliance with, s. 175.351, and the 24 trustees thereof desire to vary the investment procedures 25 herein, the trustees of such plan shall request a variance of 26 the investment procedures as outlined herein only through a 27 municipal ordinance, special act of the Legislature, or 28 resolution by the governing body of the special fire control 29 district; where a special act, or a municipality by ordinance 30 adopted prior to July 1, 1998, permits a greater than 31 50-percent equity investment, such municipality shall not be 6 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 required to comply with the aggregate equity investment 2 provisions of this paragraph. Notwithstanding any other 3 provision of law to the contrary, nothing in this section may 4 be construed to take away any preexisting legal authority to 5 make equity investments that exceed the requirements of this 6 paragraph. The board of trustees may invest up to 20 10 7 percent of plan assets in foreign securities. 8 (c) Issue drafts upon the firefighters' pension trust 9 fund pursuant to this act and rules and regulations prescribed 10 by the board of trustees. All such drafts shall be 11 consecutively numbered, be signed by the chair and secretary 12 or two individuals designated by the board who are subject to 13 the same fiduciary standards as required for the board of 14 trustees under this subsection, and state upon their faces the 15 purpose for which the drafts are drawn. The treasurer or 16 depository of each municipality or special fire control 17 district shall retain such drafts when paid, as permanent 18 vouchers for disbursements made, and no money shall be 19 otherwise drawn from the fund. 20 (d) Convert into cash any securities of the fund. 21 (e) Keep a complete record of all receipts and 22 disbursements and of the board's acts and proceedings. 23 Section 4. Paragraph (a) of subsection (1) and 24 subsection (6) of section 185.05, Florida Statutes, are 25 amended to read: 26 185.05 Board of trustees; members; terms of office; 27 meetings; legal entity; costs; attorney's fees.--For any 28 municipality, chapter plan, local law municipality, or local 29 law plan under this chapter: 30 (1) In each municipality described in s. 185.03 there 31 is hereby created a board of trustees of the municipal police 7 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 officers' retirement trust fund, which shall be solely 2 responsible for administering the trust fund. Effective 3 October 1, 1986, and thereafter: 4 (a) The membership of the board of trustees for 5 chapter plans shall consist of five members, two of whom, 6 unless otherwise prohibited by law, shall be legal residents 7 of the municipality, who shall be appointed by the legislative 8 body of the municipality, and two of whom shall be police 9 officers as defined in s. 185.02 who shall be elected by a 10 majority of the active police officers who are members of such 11 plan. With respect to any chapter plan or local law plan that, 12 on January 1, 1997, allowed retired police officers to vote in 13 such elections, retirees may continue to vote in such 14 elections. The fifth member shall be chosen by a majority of 15 the previous four members, and such person's name shall be 16 submitted to the legislative body of the municipality. Upon 17 receipt of the fifth person's name, the legislative body of 18 the municipality shall, as a ministerial duty, appoint such 19 person to the board of trustees as its fifth member. The fifth 20 member shall have the same rights as each of the other four 21 members appointed or elected as herein provided, shall serve 22 as trustee for a period of 2 years, and may succeed himself or 23 herself in office. Each resident member shall serve as trustee 24 for a period of 2 years, unless sooner replaced by the 25 legislative body at whose pleasure the member shall serve, and 26 may succeed himself or herself as a trustee. Each police 27 officer member shall serve as trustee for a period of 2 years, 28 unless he or she sooner leaves the employment of the 29 municipality as a police officer, whereupon the legislative 30 body of the municipality shall choose a successor in the same 31 manner as an original appointment. Each police officer may 8 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 succeed himself or herself in office. The terms of office of 2 the appointed and elected members of the board may be amended 3 by municipal ordinance or special act of the Legislature to 4 extend the terms of office from 2 years to 4 years. The length 5 of the terms of office shall be the same for all board 6 members. 7 (6) The board of trustees may, upon written request by 8 the retiree of the plan, or by a dependent, when authorized by 9 the retiree or the retiree's beneficiary, authorize the plan 10 administrator to withhold from the monthly retirement payment 11 those funds that are necessary to pay for the benefits being 12 received through the governmental entity from which the 13 employee retired, to pay the certified bargaining agent of the 14 governmental entity, and to make any payments for child 15 support or alimony. Further, the board of trustees may, upon 16 written request of the retiree of the plan, authorize the plan 17 administrator to withhold from the retirement payment those 18 funds that are necessary to pay for premiums for accident, 19 health, and long-term care insurance for the retiree and the 20 retiree's spouse and dependents. A retirement plan does not 21 incur any liability for participation in this permissive 22 program if its actions are taken in good faith. 23 Section 5. Subsection (1) of section 185.06, Florida 24 Statutes, is amended to read: 25 185.06 General powers and duties of board of 26 trustees.--For any municipality, chapter plan, local law 27 municipality, or local law plan under this chapter: 28 (1) The board of trustees, subject to the fiduciary 29 standards in ss. 112.656, 112.661, and 518.11 and the Code of 30 Ethics in ss. 112.311-112.3187, may: 31 (a) Invest and reinvest the assets of the retirement 9 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 trust fund in annuity and life insurance contracts of life 2 insurance companies in amounts sufficient to provide, in whole 3 or in part, the benefits to which all of the participants in 4 the municipal police officers' retirement trust fund shall be 5 entitled under the provisions of this chapter, and pay the 6 initial and subsequent premiums thereon. 7 (b) Invest and reinvest the assets of the retirement 8 trust fund in: 9 1. Time or savings accounts of a national bank, a 10 state bank insured by the Bank Insurance Fund, or a savings 11 and loan association insured by the Savings Association 12 Insurance Fund which is administered by the Federal Deposit 13 Insurance Corporation or a state or federal chartered credit 14 union whose share accounts are insured by the National Credit 15 Union Share Insurance Fund. 16 2. Obligations of the United States or obligations 17 guaranteed as to principal and interest by the United States. 18 3. Bonds issued by the State of Israel. 19 4. Bonds, stocks, or other evidences of indebtedness 20 issued or guaranteed by a corporation organized under the laws 21 of the United States, any state or organized territory of the 22 United States, or the District of Columbia, provided: 23 a. The corporation is listed on any one or more of the 24 recognized national stock exchanges or on the National Market 25 System of the NASDAQ Stock Market and, in the case of bonds 26 only, holds a rating in one of the three highest 27 classifications by a major rating service; and 28 b. The board of trustees shall not invest more than 5 29 percent of its assets in the common stock or capital stock of 30 any one issuing company, nor shall the aggregate investment in 31 any one issuing company exceed 5 percent of the outstanding 10 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 capital stock of the company or the aggregate of its 2 investments under this subparagraph at cost exceed 50 percent 3 of the fund's assets. 4 5 This paragraph shall apply to all boards of trustees and 6 participants. However, in the event that a municipality has a 7 duly enacted pension plan pursuant to, and in compliance with, 8 s. 185.35 and the trustees thereof desire to vary the 9 investment procedures herein, the trustees of such plan shall 10 request a variance of the investment procedures as outlined 11 herein only through a municipal ordinance or special act of 12 the Legislature; where a special act, or a municipality by 13 ordinance adopted prior to July 1, 1998, permits a greater 14 than 50-percent equity investment, such municipality shall not 15 be required to comply with the aggregate equity investment 16 provisions of this paragraph. Notwithstanding any other 17 provision of law to the contrary, nothing in this section may 18 be construed to take away any preexisting legal authority to 19 make equity investments that exceed the requirements of this 20 paragraph. The board of trustees may invest up to 20 10 21 percent of plan assets in foreign securities. 22 (c) Issue drafts upon the municipal police officers' 23 retirement trust fund pursuant to this act and rules and 24 regulations prescribed by the board of trustees. All such 25 drafts shall be consecutively numbered, be signed by the chair 26 and secretary or two individuals designated by the board who 27 are subject to the same fiduciary standards as required for 28 the board of trustees under this subsection, and state upon 29 their faces the purposes for which the drafts are drawn. The 30 city treasurer or other depository shall retain such drafts 31 when paid, as permanent vouchers for disbursements made, and 11 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 no money shall otherwise be drawn from the fund. 2 (d) Finally decide all claims to relief under the 3 board's rules and regulations and pursuant to the provisions 4 of this act. 5 (e) Convert into cash any securities of the fund. 6 (f) Keep a complete record of all receipts and 7 disbursements and of the board's acts and proceedings. 8 Section 6. Subsection (17) is added to section 9 190.011, Florida Statutes, to read: 10 190.011 General powers.--The district shall have, and 11 the board may exercise, the following powers: 12 (17) To assess and impose the state excise tax 13 authorized under s. 175.101, if exercising the powers 14 permitted under s. 190.012(2)(b). 15 Section 7. If any provision of this act or its 16 application to any person or circumstance is held invalid, the 17 invalidity does not affect other provisions or applications of 18 the act which can be given effect without the invalid 19 provision or application, and to this end the provisions of 20 this act are severable. 21 Section 8. This act shall take effect upon becoming a 22 law. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to firefighter and municipal 12 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 police pensions; amending s. 175.032, F.S.; 2 redefining the term "firefighter"; redefining 3 the term "special fire control district" to 4 include certain community development districts 5 performing fire suppression and related 6 services; amending s. 175.061, F.S.; 7 authorizing the terms of office for the board 8 of trustees of the firefighters' pension trust 9 fund to be revised under certain circumstances; 10 authorizing the plan administrator to withhold 11 funds to pay for premiums for accident, health, 12 and long-term care insurance for the retiree 13 and the retiree's spouse and dependents; 14 providing an exemption from liability under 15 certain circumstances; amending s. 175.071, 16 F.S.; requiring the board of trustees to 17 perform its powers subject to certain fiduciary 18 standards and ethics provisions; increasing the 19 percentage of assets of the firefighters' 20 pension trust fund which the board of trustees 21 may invest in foreign securities; authorizing 22 certain individuals to sign drafts issued upon 23 the firefighters' pension trust fund; amending 24 s. 185.05, F.S.; authorizing the terms of 25 office for the board of trustees of the 26 municipal police officers' retirement trust 27 fund to be revised under certain circumstances; 28 authorizing the plan administrator to withhold 29 funds to pay for premiums for accident, health, 30 and long-term care insurance for the retiree 31 and the retiree's spouse and dependents; 13 11:36 AM 04/10/07 s0198d-go03-tgo
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 198 Barcode 465434 1 providing an exemption from liability under 2 certain circumstances; amending s. 185.06, 3 F.S.; requiring the board of trustees to 4 perform its powers subject to certain fiduciary 5 standards and ethics provisions; increasing the 6 percentage of assets of the municipal police 7 officers' retirement trust fund which the board 8 of trustees may invest in foreign securities; 9 authorizing certain individuals to sign drafts 10 issued upon the municipal police officers' 11 retirement trust fund; amending s. 190.011, 12 F.S.; authorizing community development 13 districts to levy the state excise tax on 14 property insurance premiums; providing for 15 severability; providing an effective date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 11:36 AM 04/10/07 s0198d-go03-tgo