Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 2088
       
       
       
       
       
       
                                Barcode 324190                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Governmental Oversight and Accountability
       (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 8 and 9
    4  insert:
    5         Section 1. Subsection (6) is added to section 175.351,
    6  Florida Statutes, to read:
    7         175.351 Municipalities and special fire control districts
    8  having their own pension plans for firefighters.—For any
    9  municipality, special fire control district, local law
   10  municipality, local law special fire control district, or local
   11  law plan under this chapter, in order for municipalities and
   12  special fire control districts with their own pension plans for
   13  firefighters, or for firefighters and police officers if
   14  included, to participate in the distribution of the tax fund
   15  established pursuant to s. 175.101, local law plans must meet
   16  the minimum benefits and minimum standards set forth in this
   17  chapter.
   18         (6) Notwithstanding any other provision, with respect to
   19  any plan established under this chapter, if the municipality or
   20  special fire control district and the plan members’ collective
   21  bargaining representative or, if none, a majority of the plan
   22  members, mutually consent to the retirement benefits provided in
   23  the plan or to the use of income from the premium tax provided
   24  pursuant to this chapter, the provisions of the agreement shall
   25  be deemed to comply with this chapter for retirement purposes.
   26  This subsection is retroactive in application to any agreement
   27  entered into or effective on or after October 1, 2010.
   28  
   29         Between lines 63 and 64
   30  insert:
   31         Section 3. Subsection (6) is added to section 185.35,
   32  Florida Statutes, to read:
   33         185.35 Municipalities having their own pension plans for
   34  police officers.—For any municipality, chapter plan, local law
   35  municipality, or local law plan under this chapter, in order for
   36  municipalities with their own pension plans for police officers,
   37  or for police officers and firefighters if included, to
   38  participate in the distribution of the tax fund established
   39  pursuant to s. 185.08, local law plans must meet the minimum
   40  benefits and minimum standards set forth in this chapter:
   41         (6) Notwithstanding any other provision, with respect to
   42  any plan established under this chapter, if the municipality and
   43  the plan members’ collective bargaining representative or, if
   44  none, a majority of the plan members, mutually consent to the
   45  retirement benefits provided in the plan or to the use of income
   46  from the premium tax provided pursuant to this chapter, the
   47  provisions of the agreement shall be deemed to comply with this
   48  chapter for retirement purposes. This subsection is retroactive
   49  in application to any agreement entered into or effective on or
   50  after October 1, 2010.
   51         Section 4. The Legislature finds that a proper and
   52  legitimate state purpose is served when employees and retirees
   53  of the state and its political subdivisions, and the dependents,
   54  survivors, and beneficiaries of such employees and retirees, are
   55  extended the basic protections afforded by governmental
   56  retirement systems that provide fair and adequate benefits and
   57  that are managed, administered, and funded in an actuarially
   58  sound manner as required by s. 14, Article X of the State
   59  Constitution and part VII of chapter 112, Florida Statutes.
   60  Therefore, the Legislature determines and declares that this act
   61  fulfills an important state interest.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete line 2
   66  and insert:
   67         An act relating to public retirement plans; amending
   68         s. 175.351, F.S.; revising provisions relating to
   69         benefits paid from the premium tax by a municipality
   70         or special fire control district that has its own
   71         pension plan; providing for retroactive application;
   72         amending
   73  
   74         Delete line 4
   75  and insert:
   76         “compensation” or “salary” for purposes of police
   77         officers’ pensions; amending s. 185.35, F.S.; revising
   78         provisions relating to benefits paid by a municipality
   79         that has its own pension plan; providing for
   80         retroactive application; providing a declaration of
   81         important state interest; providing an effective