Florida Senate - 2020                              CS for SB 760
       
       
        
       By the Committee on Community Affairs; and Senator Brandes
       
       
       
       
       
       578-03052-20                                           2020760c1
    1                        A bill to be entitled                      
    2         An act relating to fire control districts and
    3         firefighter pensions; amending s. 175.041, F.S.;
    4         revising applicability of the Firefighters’ Pension
    5         Trust Fund; authorizing a municipality that provides
    6         fire protection services to a municipal services
    7         taxing unit under an interlocal agreement to receive
    8         property insurance premium taxes; authorizing a county
    9         to enact an ordinance levying a tax on behalf of a
   10         municipal services taxing unit receiving fire
   11         protection services; amending s. 175.101, F.S.;
   12         authorizing a municipal services taxing unit that
   13         enters into an interlocal agreement for fire
   14         protection services with a municipality to impose an
   15         excise tax on property insurance premiums; amending s.
   16         175.111, F.S.; requiring a municipal services taxing
   17         unit to provide the Division of Retirement of the
   18         Department of Management Services with a certified
   19         copy of an ordinance assessing and imposing certain
   20         taxes; amending ss. 175.121, 175.122, and 175.351,
   21         F.S.; revising provisions relating to the disbursement
   22         of moneys by the division and the Department of
   23         Revenue and the limitation of disbursement to conform
   24         to changes made by the act; amending s. 175.411, F.S.;
   25         authorizing a municipal services taxing unit to revoke
   26         its participation and cease to receive property
   27         insurance premium taxes under certain conditions;
   28         amending s. 191.006, F.S.; requiring an independent
   29         special fire control district to have, and authorizing
   30         the board of such district to exercise by majority
   31         vote, specified powers; amending ss. 175.032, 175.071,
   32         175.381, and 633.422, F.S.; conforming provisions to
   33         changes made by the act; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (14) of section 175.032, Florida
   38  Statutes, is amended to read:
   39         175.032 Definitions.—For any municipality, special fire
   40  control district, chapter plan, local law municipality, local
   41  law special fire control district, or local law plan under this
   42  chapter, the term:
   43         (14) “Local law plan” means a retirement plan that includes
   44  both a defined benefit plan component and a defined contribution
   45  plan component for firefighters, or for firefighters and police
   46  officers if both are included, as described in s. 175.351,
   47  established by municipal ordinance, special district resolution,
   48  or special act of the Legislature, which enactment sets forth
   49  all plan provisions. Local law plan provisions may vary from the
   50  provisions of this chapter if minimum benefits and minimum
   51  standards are met. However, any such variance must provide a
   52  greater benefit for firefighters, or firefighters and police
   53  officers if both are included. Actuarial valuations of local law
   54  plans shall be conducted by an enrolled actuary as provided in
   55  s. 175.261(2).
   56         Section 2. Section 175.041, Florida Statutes, is amended to
   57  read:
   58         175.041 Firefighters’ Pension Trust Fund created;
   59  applicability of provisions.—For any municipality, municipal
   60  services taxing unit, special fire control district, chapter
   61  plan, local law municipality, local law special fire control
   62  district, or local law plan under this chapter:
   63         (1) There shall be established a special fund exclusively
   64  for the purpose of this chapter, which in the case of chapter
   65  plans shall be known as the “Firefighters’ Pension Trust Fund,”
   66  in each municipality, municipal services taxing unit, and each
   67  special fire control district of this state heretofore or
   68  hereafter created which now has or which may hereafter have a
   69  constituted fire department or an authorized volunteer fire
   70  department, or any combination thereof.
   71         (2) To qualify as a fire department or volunteer fire
   72  department or combination thereof under the provisions of this
   73  chapter, the department shall own and use apparatus for the
   74  fighting of fires that was in compliance with National Fire
   75  Protection Association Standards for Automotive Fire Apparatus
   76  at the time of purchase.
   77         (3) The provisions of This chapter applies shall apply only
   78  to municipalities organized and established under pursuant to
   79  the laws of the state and to special fire control districts.
   80  This chapter does, and said provisions shall not apply to the
   81  unincorporated areas of any county or counties except with
   82  respect to municipal services taxing units established in
   83  unincorporated areas for the purpose of receiving fire
   84  protection services from a municipality and special fire control
   85  districts that include unincorporated areas. This chapter also
   86  does not, nor shall the provisions hereof apply to any
   87  governmental entity whose firefighters are eligible to
   88  participate in the Florida Retirement System.
   89         (a) Special fire control districts that include, or consist
   90  exclusively of, unincorporated areas of one or more counties may
   91  levy and impose the tax and participate in the retirement
   92  programs created enabled by this chapter.
   93         (b) With respect to the distribution of premium taxes, a
   94  single consolidated government consisting of a former county and
   95  one or more municipalities, consolidated under pursuant to s. 3
   96  or s. 6(e), Art. VIII of the State Constitution, is also
   97  eligible to participate under this chapter. The consolidated
   98  government shall notify the division when it has entered into an
   99  interlocal agreement to provide fire services to a municipality
  100  within its boundaries. The municipality may enact an ordinance
  101  levying the tax as provided in s. 175.101. Upon being provided
  102  copies of the interlocal agreement and the municipal ordinance
  103  levying the tax, the division may distribute any premium taxes
  104  reported for the municipality to the consolidated government as
  105  long as the interlocal agreement is in effect.
  106         (c) Any municipality that has entered into an interlocal
  107  agreement to provide fire protection services to any other
  108  incorporated municipality, in its entirety, or a municipal
  109  services taxing unit in an unincorporated area, in its entirety,
  110  for a period of 12 months or more may be eligible to receive the
  111  premium taxes reported for such other municipality or municipal
  112  services taxing unit. In order to be eligible for such premium
  113  taxes, the municipality providing the fire services must notify
  114  the division that it has entered into an interlocal agreement
  115  with another municipality or a county on behalf of a municipal
  116  services taxing unit. The municipality receiving the fire
  117  services, or a county on behalf of the municipal services taxing
  118  unit receiving the fire services, may enact an ordinance levying
  119  the tax as provided in s. 175.101. Upon being provided copies of
  120  the interlocal agreement and the municipal ordinance levying the
  121  tax, the division may distribute any premium taxes reported for
  122  the municipality or municipal services taxing unit receiving the
  123  fire services to the participating municipality providing the
  124  fire services as long as the interlocal agreement is in effect.
  125         (4) No municipality shall establish more than one
  126  retirement plan for public safety officers which is supported in
  127  whole or in part by the distribution of premium tax funds as
  128  provided by this chapter or chapter 185, nor shall any
  129  municipality establish a retirement plan for public safety
  130  officers which receives premium tax funds from both this chapter
  131  and chapter 185.
  132         Section 3. Section 175.071, Florida Statutes, is amended to
  133  read:
  134         175.071 General powers and duties of board of trustees.—For
  135  any municipality, municipal services taxing unit, special fire
  136  control district, chapter plan, local law municipality, local
  137  law special fire control district, or local law plan under this
  138  chapter:
  139         (1) The board of trustees, subject to the fiduciary
  140  standards in ss. 112.656, 112.661, and 518.11 and the Code of
  141  Ethics in ss. 112.311-112.3187, may:
  142         (a) Invest and reinvest the assets of the firefighters’
  143  pension trust fund in annuity and life insurance contracts of
  144  life insurance companies in amounts sufficient to provide, in
  145  whole or in part, the benefits to which all of the participants
  146  in the firefighters’ pension trust fund are entitled under this
  147  chapter and pay the initial and subsequent premiums thereon.
  148         (b) Invest and reinvest the assets of the firefighters’
  149  pension trust fund in:
  150         1. Time or savings accounts of a national bank, a state
  151  bank insured by the Bank Insurance Fund, or a savings, building,
  152  and loan association insured by the Savings Association
  153  Insurance Fund administered by the Federal Deposit Insurance
  154  Corporation or a state or federal chartered credit union whose
  155  share accounts are insured by the National Credit Union Share
  156  Insurance Fund.
  157         2. Obligations of the United States or obligations
  158  guaranteed as to principal and interest by the government of the
  159  United States.
  160         3. Bonds issued by the State of Israel.
  161         4. Bonds, stocks, or other evidences of indebtedness issued
  162  or guaranteed by a corporation organized under the laws of the
  163  United States, any state or organized territory of the United
  164  States, or the District of Columbia, if:
  165         a. The corporation is listed on any one or more of the
  166  recognized national stock exchanges or on the National Market
  167  System of the NASDAQ Stock Market and, in the case of bonds
  168  only, holds a rating in one of the three highest classifications
  169  by a major rating service; and
  170         b. The board of trustees may not invest more than 5 percent
  171  of its assets in the common stock or capital stock of any one
  172  issuing company, nor may the aggregate investment in any one
  173  issuing company exceed 5 percent of the outstanding capital
  174  stock of that company or the aggregate of its investments under
  175  this subparagraph at cost exceed 50 percent of the assets of the
  176  fund.
  177  
  178  This paragraph applies to all boards of trustees and
  179  participants. However, if a municipality, municipal services
  180  taxing unit, or special fire control district has a duly enacted
  181  pension plan under pursuant to, and in compliance with, s.
  182  175.351, and the trustees desire to vary the investment
  183  procedures, the trustees of such plan must request a variance of
  184  the investment procedures as outlined herein only through an a
  185  municipal ordinance, special act of the Legislature, or
  186  resolution by the governing body of the special fire control
  187  district; if a special act, or a municipality by ordinance
  188  adopted before July 1, 1998, permits a greater than 50-percent
  189  equity investment, such municipality is not required to comply
  190  with the aggregate equity investment provisions of this
  191  paragraph. Notwithstanding any other provision of law, this
  192  section may not be construed to take away any preexisting legal
  193  authority to make equity investments that exceed the
  194  requirements of this paragraph. Notwithstanding any other
  195  provision of law, the board of trustees may invest up to 25
  196  percent of plan assets in foreign securities on a market-value
  197  basis. The investment cap on foreign securities may not be
  198  revised, amended, increased, or repealed except as provided by
  199  general law.
  200         (c) Issue drafts upon the firefighters’ pension trust fund
  201  pursuant to this act and rules prescribed by the board of
  202  trustees. All such drafts must be consecutively numbered, be
  203  signed by the chair and secretary, or by two individuals
  204  designated by the board who are subject to the same fiduciary
  205  standards as the board of trustees under this subsection, and
  206  state upon their faces the purpose for which the drafts are
  207  drawn. The treasurer or depository of each municipality or
  208  special fire control district shall retain such drafts when
  209  paid, as permanent vouchers for disbursements made, and no money
  210  may be otherwise drawn from the fund.
  211         (d) Convert into cash any securities of the fund.
  212         (e) Keep a complete record of all receipts and
  213  disbursements and the board’s acts and proceedings.
  214         (2) Any and all acts and decisions shall be effectuated by
  215  vote of a majority of the members of the board; however, no
  216  trustee shall take part in any action in connection with the
  217  trustee’s own participation in the fund, and no unfair
  218  discrimination shall be shown to any individual firefighter
  219  participating in the fund.
  220         (3) The board’s action on all claims for retirement under
  221  this act shall be final, provided, however, that the rules and
  222  regulations of the board have been complied with.
  223         (4) The secretary of the board of trustees shall keep a
  224  record of all persons receiving retirement payments under the
  225  provisions of this chapter, in which shall be noted the time
  226  when the pension is allowed and the time when the pension shall
  227  cease to be paid. In this record, the secretary shall keep a
  228  list of all firefighters employed by the municipality, municipal
  229  services taxing unit, or special fire control district. The
  230  record shall show the name, address, and time of employment of
  231  such firefighters and when they cease to be employed by the
  232  municipality, municipal services taxing unit, or special fire
  233  control district.
  234         (5) The sole and exclusive administration of, and the
  235  responsibilities for, the proper operation of the firefighters’
  236  pension trust fund and for making effective the provisions of
  237  this chapter are vested in the board of trustees; however,
  238  nothing herein shall empower a board of trustees to amend the
  239  provisions of a retirement plan without the approval of the
  240  municipality, municipal services taxing unit, or special fire
  241  control district. The board of trustees shall keep in convenient
  242  form such data as shall be necessary for an actuarial valuation
  243  of the firefighters’ pension trust fund and for checking the
  244  actual experience of the fund.
  245         (6)(a) At least once every 3 years, the board of trustees
  246  shall retain a professionally qualified independent consultant
  247  who shall evaluate the performance of any existing professional
  248  money manager and shall make recommendations to the board of
  249  trustees regarding the selection of money managers for the next
  250  investment term. These recommendations shall be considered by
  251  the board of trustees at its next regularly scheduled meeting.
  252  The date, time, place, and subject of this meeting shall be
  253  advertised in the same manner as for any meeting of the board.
  254         (b) For purposes of this subsection, the term
  255  “professionally qualified independent consultant” means a
  256  consultant who, based on education and experience, is
  257  professionally qualified to evaluate the performance of
  258  professional money managers, and who, at a minimum:
  259         1. Provides his or her services on a flat-fee basis.
  260         2. Is not associated in any manner with the money manager
  261  for the pension fund.
  262         3. Makes calculations according to the American Banking
  263  Institute method of calculating time-weighted rates of return.
  264  All calculations must be made net of fees.
  265         4. Has 3 or more years of experience working in the public
  266  sector.
  267         (7) To assist the board in meeting its responsibilities
  268  under this chapter, the board, if it so elects, may:
  269         (a) Employ independent legal counsel at the pension fund’s
  270  expense.
  271         (b) Employ an independent enrolled actuary, as defined in
  272  s. 175.032, at the pension fund’s expense.
  273         (c) Employ such independent professional, technical, or
  274  other advisers as it deems necessary at the pension fund’s
  275  expense.
  276  
  277  If the board chooses to use the municipality’s, municipal
  278  services taxing unit’s, or special district’s legal counsel or
  279  actuary, or chooses to use any of the municipality’s, municipal
  280  services taxing unit’s, or special district’s other
  281  professional, technical, or other advisers, it must do so only
  282  under terms and conditions acceptable to the board.
  283         (8) Notwithstanding paragraph (1)(b) and as provided in s.
  284  215.473, the board of trustees must identify and publicly report
  285  any direct or indirect holdings it may have in any scrutinized
  286  company, as defined in that section, and proceed to sell,
  287  redeem, divest, or withdraw all publicly traded securities it
  288  may have in that company beginning January 1, 2010. The
  289  divestiture of any such security must be completed by September
  290  30, 2010. The board and its named officers or investment
  291  advisors may not be deemed to have breached their fiduciary duty
  292  in any action taken to dispose of any such security, and the
  293  board shall have satisfactorily discharged the fiduciary duties
  294  of loyalty, prudence, and sole and exclusive benefit to the
  295  participants of the pension fund and their beneficiaries if the
  296  actions it takes are consistent with the duties imposed by s.
  297  215.473, and the manner of the disposition, if any, is
  298  reasonable as to the means chosen. For the purposes of effecting
  299  compliance with that section, the pension fund shall designate
  300  terror-free plans that allocate their funds among securities not
  301  subject to divestiture. No person may bring any civil, criminal,
  302  or administrative action against the board of trustees or any
  303  employee, officer, director, or advisor of such pension fund
  304  based upon the divestiture of any security pursuant to this
  305  subsection.
  306         Section 4. Section 175.101, Florida Statutes, is amended to
  307  read:
  308         175.101 State excise tax on property insurance premiums
  309  authorized; procedure.—For any municipality, municipal services
  310  taxing unit, special fire control district, chapter plan, local
  311  law municipality, local law special fire control district, or
  312  local law plan under this chapter:
  313         (1) Each municipality, municipal services taxing unit, or
  314  special fire control district in this state described and
  315  classified in s. 175.041, having a lawfully established
  316  firefighters’ pension trust fund, or municipal fund, or special
  317  fire control district fund, by whatever name known, providing
  318  pension benefits to firefighters, or firefighters and police
  319  officers if both are included, as provided under this chapter,
  320  or receiving fire protection services from a municipality
  321  participating under this chapter, may assess and impose on every
  322  insurance company, corporation, or other insurer now engaged in
  323  or carrying on, or who shall hereinafter engage in or carry on,
  324  the business of property insurance as shown by the records of
  325  the Office of Insurance Regulation of the Financial Services
  326  Commission, an excise tax in addition to any lawful license or
  327  excise tax now levied by each of the municipalities, municipal
  328  services taxing units, or special fire control districts,
  329  respectively, amounting to 1.85 percent of the gross amount of
  330  receipts of premiums from policyholders on all premiums
  331  collected on property insurance policies covering property
  332  within the corporate limits of such municipalities or within the
  333  legally defined boundaries of municipal services taxing units or
  334  special fire control districts, respectively. Whenever the
  335  boundaries of a special fire control district that has lawfully
  336  established a firefighters’ pension trust fund encompass a
  337  portion of the corporate territory of a municipality that has
  338  also lawfully established a firefighters’ pension trust fund, or
  339  a municipal services taxing unit receiving fire protection
  340  services from a municipality participating under this chapter,
  341  that portion of the tax receipts attributable to insurance
  342  policies covering property situated both within the municipality
  343  or municipal services taxing unit and the special fire control
  344  district shall be given to the fire service provider. For the
  345  purpose of this section, the boundaries of a special fire
  346  control district include an area that has been annexed until the
  347  completion of the 4-year period provided for in s. 171.093(4),
  348  or other agreed-upon extension, or if a special fire control
  349  district is providing services under an interlocal agreement
  350  executed in accordance with s. 171.093(3). The agent shall
  351  identify the fire service provider on the property owner’s
  352  application for insurance. Remaining revenues collected under
  353  pursuant to this chapter shall be distributed to the
  354  municipality or special fire control district according to the
  355  location of the insured property.
  356         (2) In the case of multiple peril policies with a single
  357  premium for both the property and casualty coverages in such
  358  policies, 70 percent of such premium shall be used as the basis
  359  for the 1.85-percent tax.
  360         (3) This excise tax is shall be payable annually on March 1
  361  of each year after the passage of an ordinance, in the case of a
  362  municipality or municipal services taxing unit, or resolution,
  363  in the case of a special fire control district, assessing and
  364  imposing the tax authorized by this section. Installments of
  365  taxes shall be paid according to the provision of s.
  366  624.5092(2)(a), (b), and (c).
  367  
  368  This section also applies to any municipality consisting of a
  369  single consolidated government which is made up of a former
  370  county and one or more municipalities, consolidated under
  371  pursuant to the authority in s. 3 or s. 6(e), Art. VIII of the
  372  State Constitution, and to property insurance policies covering
  373  property within the boundaries of the consolidated government,
  374  regardless of whether the properties are located within one or
  375  more separately incorporated areas within the consolidated
  376  government, provided the properties are being provided fire
  377  protection services by the consolidated government. This section
  378  also applies to any municipality or municipal services taxing
  379  unit in an unincorporated area, as provided in s. 175.041(3)(c),
  380  which has entered into an interlocal agreement to receive fire
  381  protection services from another municipality participating
  382  under this chapter. The excise tax may be levied on all premiums
  383  collected on property insurance policies covering property
  384  located within the corporate limits of the municipality or
  385  municipality services taxing unit receiving the fire protection
  386  services, but will be available for distribution to the
  387  municipality providing the fire protection services.
  388         Section 5. Section 175.111, Florida Statutes, is amended to
  389  read:
  390         175.111 Certified copy of ordinance or resolution filed;
  391  insurance companies’ annual report of premiums; duplicate files;
  392  book of accounts.—For any municipality, municipal services
  393  taxing unit, special fire control district, chapter plan, local
  394  law municipality, local law special fire control district, or
  395  local law plan under this chapter, whenever any municipality, or
  396  any county on behalf of a municipal services taxing unit, passes
  397  an ordinance or whenever any special fire control district
  398  passes a resolution establishing a chapter plan or local law
  399  plan assessing and imposing the taxes authorized in s. 175.101,
  400  a certified copy of such ordinance or resolution shall be
  401  deposited with the division. Thereafter every insurance company,
  402  association, corporation, or other insurer carrying on the
  403  business of property insurance on real or personal property, on
  404  or before the succeeding March 1 after the date of the passage
  405  of the ordinance or resolution, shall report fully in writing
  406  and under oath to the division and the Department of Revenue a
  407  just and true account of all premiums by such insurer received
  408  for property insurance policies covering or insuring any real or
  409  personal property located within the corporate limits of each
  410  such municipality, municipal services taxing unit, or special
  411  fire control district during the period of time elapsing between
  412  the date of the passage of the ordinance or resolution and the
  413  end of the calendar year. The report shall include the code
  414  designation as prescribed by the division for each piece of
  415  insured property, real or personal, located within the corporate
  416  limits of each municipality and within the legally defined
  417  boundaries of each special fire control district and municipal
  418  services taxing unit. The aforesaid insurer shall annually
  419  thereafter, on March 1, file with the Department of Revenue a
  420  similar report covering the preceding year’s premium receipts,
  421  and every such insurer at the same time of making such reports
  422  shall pay to the Department of Revenue the amount of the imposed
  423  tax hereinbefore mentioned. Every insurer engaged in carrying on
  424  such insurance business in the state shall keep accurate books
  425  of accounts of all such business done by it within the corporate
  426  limits of each such municipality and within the legally defined
  427  boundaries of each such special fire control district and
  428  municipal services taxing unit, and in such manner as to be able
  429  to comply with the provisions of this chapter. Based on the
  430  insurers’ reports of premium receipts, the division shall
  431  prepare a consolidated premium report and shall furnish to any
  432  municipality, municipal services taxing unit, or special fire
  433  control district requesting the same a copy of the relevant
  434  section of that report.
  435         Section 6. Section 175.121, Florida Statutes, is amended to
  436  read:
  437         175.121 Department of Revenue and Division of Retirement to
  438  keep accounts of deposits; disbursements.—For any municipality,
  439  municipal services taxing unit, or special fire control district
  440  having a chapter or local law plan established under pursuant to
  441  this chapter:
  442         (1) The Department of Revenue shall keep a separate account
  443  of all moneys collected for each municipality, municipal
  444  services taxing unit, and each special fire control district
  445  under the provisions of this chapter. All moneys so collected
  446  must be transferred to the Police and Firefighters’ Premium Tax
  447  Trust Fund and shall be separately accounted for by the
  448  division. The moneys budgeted as necessary to pay the expenses
  449  of the division for the daily oversight and monitoring of the
  450  firefighters’ pension plans under this chapter and for the
  451  oversight and actuarial reviews conducted under part VII of
  452  chapter 112 are annually appropriated from the interest and
  453  investment income earned on the moneys collected for each
  454  municipality, municipal services taxing unit, or special fire
  455  control district and deposited in the Police and Firefighters’
  456  Premium Tax Trust Fund. Interest and investment income remaining
  457  thereafter in the trust fund which is unexpended and otherwise
  458  unallocated by law shall revert to the General Revenue Fund on
  459  June 30 of each year.
  460         (2) The Chief Financial Officer shall, on or before July 1
  461  of each year, and at such other times as authorized by the
  462  division, draw his or her warrants on the full net amount of
  463  money then on deposit in the Police and Firefighters’ Premium
  464  Tax Trust Fund under pursuant to this chapter, specifying the
  465  municipalities, municipal services taxing units, and special
  466  fire control districts to which the moneys must be paid and the
  467  net amount collected for and to be paid to each municipality,
  468  municipal services taxing unit, or special fire control
  469  district, respectively, subject to the limitation on
  470  disbursement under s. 175.122. The sum payable to each
  471  municipality, municipal services taxing unit, or special fire
  472  control district is appropriated annually out of the Police and
  473  Firefighters’ Premium Tax Trust Fund. The warrants of the Chief
  474  Financial Officer shall be payable to the respective
  475  municipalities, municipal services taxing units, and special
  476  fire control districts entitled to receive them and shall be
  477  remitted annually by the division to the respective
  478  municipalities, municipal services taxing units, and special
  479  fire control districts. In lieu thereof, the municipality,
  480  municipal services taxing unit, or special fire control district
  481  may provide authorization to the division for the direct payment
  482  of the premium tax to the board of trustees. In order for a
  483  municipality, municipal services taxing unit, or special fire
  484  control district and its pension fund to participate in the
  485  distribution of premium tax moneys under this chapter, all the
  486  provisions shall be complied with annually, including state
  487  acceptance under pursuant to part VII of chapter 112.
  488         (3)(a) All moneys not distributed to municipalities,
  489  municipal services taxing units, and special fire control
  490  districts under this section as a result of the limitation on
  491  disbursement contained in s. 175.122, or as a result of any
  492  municipality, municipal services taxing unit, or special fire
  493  control district not having qualified in any given year, or
  494  portion thereof, shall be transferred to the Firefighters’
  495  Supplemental Compensation Trust Fund administered by the
  496  Department of Revenue, as provided in s. 633.422.
  497         (b)1. Moneys transferred under paragraph (a) but not needed
  498  to support the supplemental compensation program in a given year
  499  shall be redistributed pro rata to those participating
  500  municipalities, municipal services taxing units, and special
  501  fire control districts that transfer any portion of their funds
  502  to support the supplemental compensation program in that year.
  503  Such additional moneys shall be used to cover or offset costs of
  504  the retirement plan.
  505         2. To assist the Department of Revenue, the division shall
  506  identify those municipalities, municipal services taxing units,
  507  and special fire control districts that are eligible for
  508  redistribution as provided in s. 633.422(3)(c)2., by listing the
  509  municipalities, municipal services taxing units, and special
  510  fire control districts from which funds were transferred under
  511  paragraph (a) and specifying the amount transferred by each.
  512         Section 7. Section 175.122, Florida Statutes, is amended to
  513  read:
  514         175.122 Limitation of disbursement.—For any municipality,
  515  municipal services taxing unit, special fire control district,
  516  chapter plan, local law municipality, local law special fire
  517  control district, or local law plan under this chapter, any
  518  municipality, municipal services taxing unit, or special fire
  519  control district participating in the firefighters’ pension
  520  trust fund under pursuant to the provisions of this chapter,
  521  whether under a chapter plan or local law plan, is shall be
  522  limited to receiving any moneys from such fund in excess of that
  523  produced by one-half of the excise tax, as provided for in s.
  524  175.101; however, any such municipality, municipal services
  525  taxing unit, or special fire control district receiving less
  526  than 6 percent of its fire department payroll from such fund is
  527  shall be entitled to receive from such fund the amount
  528  determined under s. 175.121, in excess of one-half of the excise
  529  tax, not to exceed 6 percent of its fire department payroll.
  530  Payroll amounts of members included in the Florida Retirement
  531  System are shall not be included.
  532         Section 8. Section 175.351, Florida Statutes, is amended to
  533  read:
  534         175.351 Municipalities, municipal services taxing units,
  535  and special fire control districts that have their own
  536  retirement plans for firefighters.—In order for a municipality,
  537  municipal services taxing unit, or special fire control district
  538  that has its own retirement plan for firefighters, or for
  539  firefighters and police officers if both are included, to
  540  participate in the distribution of the tax fund established
  541  under s. 175.101, a local law plan must meet minimum benefits
  542  and minimum standards, except as provided in the mutual consent
  543  provisions in paragraph (1)(g) with respect to the minimum
  544  benefits not met as of October 1, 2012.
  545         (1) If a municipality, municipal services taxing unit, or
  546  special fire control district has a retirement plan for
  547  firefighters, or for firefighters and police officers if both
  548  are included, which in the opinion of the division meets minimum
  549  benefits and minimum standards, the board of trustees of the
  550  retirement plan must place the income from the premium tax in s.
  551  175.101 in such plan for the sole and exclusive use of its
  552  firefighters, or for firefighters and police officers if both
  553  are included, where it shall become an integral part of that
  554  plan and be used to fund benefits as provided herein. Effective
  555  October 1, 2015, for noncollectively bargained service or upon
  556  entering into a collective bargaining agreement on or after July
  557  1, 2015:
  558         (a) The base premium tax revenues must be used to fund
  559  minimum benefits or other retirement benefits in excess of the
  560  minimum benefits as determined by the municipality, municipal
  561  services taxing unit, or special fire control district.
  562         (b) Of the additional premium tax revenues received that
  563  are in excess of the amount received for the 2012 calendar year,
  564  50 percent must be used to fund minimum benefits or other
  565  retirement benefits in excess of the minimum benefits as
  566  determined by the municipality, municipal services taxing unit,
  567  or special fire control district, and 50 percent must be placed
  568  in a defined contribution plan to fund special benefits.
  569         (c) Additional premium tax revenues not described in
  570  paragraph (b) must be used to fund benefits that are not
  571  included in the minimum benefits. If the additional premium tax
  572  revenues subject to this paragraph exceed the full annual cost
  573  of benefits provided through the plan which are in excess of the
  574  minimum benefits, any amount in excess of the full annual cost
  575  must be used as provided in paragraph (b).
  576         (d) Of any accumulations of additional premium tax revenues
  577  which have not been allocated to fund benefits in excess of the
  578  minimum benefits, 50 percent of the amount of the accumulations
  579  must be used to fund special benefits, and 50 percent must be
  580  applied to fund any unfunded actuarial liabilities of the plan;
  581  provided that any amount of accumulations in excess of the
  582  amount required to fund the unfunded actuarial liabilities must
  583  be used to fund special benefits.
  584         (e) For a plan created after March 1, 2015, 50 percent of
  585  the insurance premium tax revenues must be used to fund defined
  586  benefit plan component benefits, with the remainder used to fund
  587  defined contribution plan component benefits.
  588         (f) If a plan offers benefits in excess of the minimum
  589  benefits, such benefits, excluding supplemental plan benefits in
  590  effect as of September 30, 2014, may be reduced if the plan
  591  continues to meet minimum benefits and minimum standards. The
  592  amount of insurance premium tax revenues previously used to fund
  593  benefits in excess of minimum benefits before the reduction,
  594  excluding the amount of any additional premium tax revenues
  595  distributed to a supplemental plan for the 2012 calendar year,
  596  must be used as provided in paragraph (b). However, benefits in
  597  excess of minimum benefits may not be reduced if a plan does not
  598  meet the minimum percentage amount of 2.75 percent of the
  599  average final compensation of a full-time firefighter, as
  600  required by s. 175.162(2)(a)1., or provides an effective benefit
  601  that is below 2.75 percent as a result of a maximum benefit
  602  limitation as described in s. 175.162(2)(a)2.
  603         (g) Notwithstanding paragraphs (a)-(f), the use of premium
  604  tax revenues, including any accumulations of additional premium
  605  tax revenues which have not been allocated to fund benefits in
  606  excess of minimum benefits, may deviate from the provisions of
  607  this subsection by mutual consent of the members’ collective
  608  bargaining representative or, if there is no representative, by
  609  a majority of the firefighter members, or firefighter and police
  610  officer members if both are included, of the fund, and by
  611  consent of the municipality, municipal services taxing unit, or
  612  special fire control district, provided that the plan continues
  613  to meet minimum benefits and minimum standards; however, a plan
  614  that operates under pursuant to this paragraph and does not meet
  615  minimum benefits as of October 1, 2012, may continue to provide
  616  the benefits that do not meet the minimum benefits at the same
  617  level as was provided as of October 1, 2012, and all other
  618  benefit levels must continue to meet the minimum benefits. Such
  619  mutually agreed deviation must continue until modified or
  620  revoked by subsequent mutual consent of the members’ collective
  621  bargaining representative or, if none, by a majority of the
  622  firefighter members, or firefighter and police officer members
  623  if both are included, of the fund, and the municipality,
  624  municipal services taxing unit, or special fire control
  625  district. An existing arrangement for the use of premium tax
  626  revenues contained within a special act plan or a plan within a
  627  supplemental plan municipality is considered, as of July 1,
  628  2015, to be a deviation for which mutual consent has been
  629  granted.
  630         (2) The premium tax provided by this chapter must be used
  631  in its entirety to provide retirement benefits to firefighters,
  632  or to firefighters and police officers if both are included.
  633  Local law plans created by special act before May 27, 1939, are
  634  deemed to comply with this chapter.
  635         (3) A retirement plan or amendment to a retirement plan may
  636  not be proposed for adoption unless the proposed plan or
  637  amendment contains an actuarial estimate of the costs involved.
  638  Such proposed plan or proposed plan change may not be adopted
  639  without the approval of the municipality, municipal services
  640  taxing unit, special fire control district, or, if where
  641  required, the Legislature. Copies of the proposed plan or
  642  proposed plan change and the actuarial impact statement of the
  643  proposed plan or proposed plan change shall be furnished to the
  644  division before the last public hearing on the proposal is held.
  645  Such statement must also indicate whether the proposed plan or
  646  proposed plan change is in compliance with s. 14, Art. X of the
  647  State Constitution and those provisions of part VII of chapter
  648  112 which are not expressly provided in this chapter.
  649  Notwithstanding any other provision, only those local law plans
  650  created by special act of legislation before May 27, 1939, are
  651  deemed to meet minimum benefits and minimum standards.
  652         (4) Notwithstanding any other provision, with respect to
  653  any supplemental plan municipality:
  654         (a) A local law plan and a supplemental plan may continue
  655  to use their definition of compensation or salary in existence
  656  on March 12, 1999.
  657         (b) Section 175.061(1)(b) does not apply, and a local law
  658  plan and a supplemental plan shall continue to be administered
  659  by a board or boards of trustees numbered, constituted, and
  660  selected as the board or boards were numbered, constituted, and
  661  selected on December 1, 2000.
  662         (5) The retirement plan setting forth the benefits and the
  663  trust agreement, if any, covering the duties and
  664  responsibilities of the trustees and the regulations of the
  665  investment of funds must be in writing, and copies made
  666  available to the participants and to the general public.
  667         (6) In addition to the defined benefit plan component of
  668  the local law plan, each plan sponsor must have a defined
  669  contribution plan component within the local law plan by October
  670  1, 2015, for noncollectively bargained service, upon entering
  671  into a collective bargaining agreement on or after July 1, 2015,
  672  or upon the creation date of a new participating plan. Depending
  673  upon the application of subsection (1), a defined contribution
  674  plan component may or may not receive any funding.
  675         (7) Notwithstanding any other provision of this chapter, a
  676  municipality, municipal services taxing unit, or special fire
  677  control district that has implemented or proposed changes to a
  678  local law plan based on the municipality’s, municipal services
  679  taxing unit’s, or district’s reliance on an interpretation of
  680  this chapter by the Department of Management Services on or
  681  after August 14, 2012, and before March 3, 2015, may continue
  682  the implemented changes or continue to implement proposed
  683  changes. Such reliance must be evidenced by a written collective
  684  bargaining proposal or agreement, or formal correspondence
  685  between the municipality, municipal services taxing unit, or
  686  district and the Department of Management Services which
  687  describes the specific changes to the local law plan, with the
  688  initial proposal, agreement, or correspondence from the
  689  municipality, municipal services taxing unit, or district dated
  690  before March 3, 2015. Changes to the local law plan which are
  691  otherwise contrary to minimum benefits and minimum standards may
  692  continue in effect until the earlier of October 1, 2018, or the
  693  effective date of a collective bargaining agreement that is
  694  contrary to the changes to the local law plan.
  695         Section 9. Section 175.381, Florida Statutes, is amended to
  696  read:
  697         175.381 Applicability.—This act shall apply to all
  698  municipalities, municipal services taxing units, special fire
  699  control districts, chapter plans, local law municipalities,
  700  local law special fire control districts, or local law plans
  701  presently existing or to be created under pursuant to this
  702  chapter. Those plans presently existing under pursuant to s.
  703  175.351 and not in compliance with the provisions of this act
  704  must comply no later than December 31, 1999. However, the plan
  705  sponsor of any plan established by special act of the
  706  Legislature shall have until July 1, 2000, to comply with the
  707  provisions of this act, except as otherwise provided in this act
  708  with regard to establishment and election of board members. The
  709  provisions of This act shall be construed to establish minimum
  710  standards and minimum benefit levels, and nothing contained in
  711  this act or in chapter 175 operates shall operate to reduce
  712  presently existing rights or benefits of any firefighter,
  713  directly, indirectly, or otherwise.
  714         Section 10. Section 175.411, Florida Statutes, is amended
  715  to read:
  716         175.411 Optional participation.—A municipality, municipal
  717  services taxing unit, or special fire control district may
  718  revoke its participation under this chapter by rescinding the
  719  legislative act, ordinance, or resolution which assesses and
  720  imposes the taxes authorized in s. 175.101, and by furnishing a
  721  certified copy of such legislative act, ordinance, or resolution
  722  to the division. Thereafter, the municipality, municipal
  723  services taxing unit, or special fire control district is shall
  724  be prohibited from participating under this chapter, and is
  725  shall not be eligible for future premium tax moneys. Premium tax
  726  moneys previously received shall continue to be used for the
  727  sole and exclusive benefit of firefighters, or firefighters and
  728  police officers if both are where included, and no amendment,
  729  legislative act, ordinance, or resolution shall be adopted which
  730  has shall have the effect of reducing the then-vested accrued
  731  benefits of the firefighters, or firefighters and police
  732  officers if both are included, retirees, or their beneficiaries.
  733  The municipality, municipal services taxing unit, or special
  734  fire control district shall continue to furnish an annual report
  735  to the division as provided in s. 175.261. If the municipality,
  736  municipal services taxing unit, or special fire control district
  737  subsequently terminates the defined benefit plan, they shall do
  738  so in compliance with the provisions of s. 175.361.
  739         Section 11. Subsection (13) of section 191.006, Florida
  740  Statutes, is amended to read:
  741         191.006 General powers.—The district shall have, and the
  742  board may exercise by majority vote, the following powers:
  743         (13) To cooperate or contract with other persons or
  744  entities, including other governmental agencies, as necessary,
  745  convenient, incidental, or proper in connection with providing
  746  effective mutual aid and furthering any power, duty, or purpose
  747  authorized by this act. The district shall have, and the board
  748  may exercise, all powers and duties provided in s. 163.01,
  749  chapter 189, and this chapter, including such powers within or
  750  without the district’s boundary in cooperation with another
  751  governmental agency when such agency shares such powers in
  752  common with the district.
  753         Section 12. Paragraph (c) of subsection (3) of section
  754  633.422, Florida Statutes, is amended to read:
  755         633.422 Firefighters; supplemental compensation.—
  756         (3) FUNDING.—
  757         (c) There is appropriated from the Police and Firefighter’s
  758  Premium Tax Trust Fund to the Firefighters’ Supplemental
  759  Compensation Trust Fund, which is created under the Department
  760  of Revenue, all moneys which have not been distributed to
  761  municipalities, municipal services taxing units, and special
  762  fire control districts in accordance with s. 175.121 as a result
  763  of the limitation contained in s. 175.122 on the disbursement of
  764  revenues collected under pursuant to chapter 175 or as a result
  765  of any municipality, municipal services taxing unit, or special
  766  fire control district not having qualified in any given year, or
  767  portion thereof, for participation in the distribution of the
  768  revenues collected under pursuant to chapter 175. The total
  769  required annual distribution from the Firefighters’ Supplemental
  770  Compensation Trust Fund shall equal the amount necessary to pay
  771  supplemental compensation as provided in this section, provided
  772  that:
  773         1. Any deficit in the total required annual distribution
  774  shall be made up from accrued surplus funds existing in the
  775  Firefighters’ Supplemental Compensation Trust Fund on June 30,
  776  1990, for as long as such funds last. If the accrued surplus is
  777  insufficient to cure the deficit in any given year, the
  778  proration of the appropriation among the counties,
  779  municipalities, municipal services taxing units, and special
  780  fire service taxing districts shall equal the ratio of
  781  compensation paid in the prior year to county, municipal,
  782  municipal services taxing unit, and special fire service taxing
  783  district firefighters under pursuant to this section. This ratio
  784  shall be provided annually to the Department of Revenue by the
  785  division. Surplus funds that have accrued or accrue on or after
  786  July 1, 1990, shall be redistributed to municipalities,
  787  municipal services taxing units, and special fire control
  788  districts as provided in subparagraph 2.
  789         2. By October 1 of each year, any funds that have accrued
  790  or accrue on or after July 1, 1990, and remain in the
  791  Firefighters’ Supplemental Compensation Trust Fund following the
  792  required annual distribution shall be redistributed by the
  793  Department of Revenue pro rata to those municipalities,
  794  municipal services taxing units, and special fire control
  795  districts identified by the Department of Management Services as
  796  being eligible for additional funds under pursuant to s.
  797  175.121(3)(b).
  798         Section 13. This act shall take effect July 1, 2020.