October 22, 2020
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_h0027__
HB 27

1
A bill to be entitled
2An act relating to firefighter and municipal police
3pensions; amending s. 175.032, F.S.; revising the
4definition of "firefighter"; amending s. 175.061, F.S.;
5authorizing the terms of office for the board of trustees
6of the firefighters' pension trust fund to be revised
7under certain circumstances; authorizing the plan
8administrator to withhold funds to pay for premiums for
9accident, health, and long-term care insurance for the
10retiree and the retiree's spouse and dependents; providing
11an exemption from liability under certain circumstances;
12amending s. 175.071, F.S.; requiring the board of trustees
13to perform its powers subject to certain fiduciary
14standards and ethics provisions; authorizing the use of
15additional investment policy guidelines; increasing the
16percentage of assets of the firefighters' pension trust
17fund that the board of trustees may invest in foreign
18securities; authorizing certain individuals to sign drafts
19issued upon the firefighters' pension trust fund; amending
20s. 175.101, F.S.; clarifying boundaries of a special fire
21control district; amending s. 185.03, F.S.; specifying
22application to certain consolidated governments; requiring
23notice to the Division of Retirement of the Department of
24Management Services of certain interlocal agreements;
25authorizing the levy of taxes by municipal ordinance;
26providing for the distribution of tax proceeds; amending
27s. 185.05, F.S.; authorizing the terms of office for the
28board of trustees of the municipal police officers'
29retirement trust fund to be revised under certain
30circumstances; authorizing the plan administrator to
31withhold funds to pay for premiums for accident, health,
32and long-term care insurance for the retiree and the
33retiree's spouse and dependents; providing an exemption
34from liability under certain circumstances; amending s.
35185.06, F.S.; requiring the board of trustees to perform
36its powers subject to certain fiduciary standards and
37ethics provisions; authorizing the use of additional
38investment policy guidelines; increasing the percentage of
39assets of the municipal police officers' retirement trust
40fund that the board of trustees may invest in foreign
41securities; authorizing certain individuals to sign drafts
42issued upon the municipal police officers' retirement
43trust fund; amending s. 185.08, F.S.; including certain
44consolidated governments under provisions authorizing
45imposition of a state excise tax on property insurance
46premiums covering certain property for certain purposes;
47providing for severability; providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Paragraph (a) of subsection (8) of section
52175.032, Florida Statutes, is amended to read:
53     175.032  Definitions.--For any municipality, special fire
54control district, chapter plan, local law municipality, local
55law special fire control district, or local law plan under this
56chapter, the following words and phrases have the following
57meanings:
58     (8)(a)  "Firefighter" means any person employed solely by a
59constituted fire department of any municipality or special fire
60control district who is certified as a firefighter as a
61condition of employment in accordance with the provisions of s.
62633.35 and whose duty it is to extinguish fires, to protect
63life, or to protect property. "Firefighter" includes all
64certified supervisory and command personnel whose duties
65include, in whole or in part, the supervision, training,
66guidance, and management responsibilities of full-time
67firefighters, part-time firefighters, or auxiliary firefighters
68but does not include part-time firefighters or auxiliary
69firefighters. However, for purposes of this chapter only,
70"firefighter" also includes public safety officers who are
71responsible for performing both police and fire services, who
72are certified as police officers or firefighters, and who are
73certified by their employers to the Chief Financial Officer as
74participating in this chapter prior to October 1, 1979.
75Effective October 1, 1979, public safety officers who have not
76been certified as participating in this chapter shall be
77considered police officers for retirement purposes and shall be
78eligible to participate in chapter 185. Any plan may provide
79that the fire chief shall have an option to participate, or not,
80in that plan.
81     Section 2.  Paragraph (a) of subsection (1) and subsection
82(7) of section 175.061, Florida Statutes, are amended to read:
83     175.061  Board of trustees; members; terms of office;
84meetings; legal entity; costs; attorney's fees.--For any
85municipality, special fire control district, chapter plan, local
86law municipality, local law special fire control district, or
87local law plan under this chapter:
88     (1)  In each municipality and in each special fire control
89district there is hereby created a board of trustees of the
90firefighters' pension trust fund, which shall be solely
91responsible for administering the trust fund. Effective October
921, 1986, and thereafter:
93     (a)  The membership of the board of trustees for a chapter
94plan shall consist of five members, two of whom, unless
95otherwise prohibited by law, shall be legal residents of the
96municipality or special fire control district, who shall be
97appointed by the governing body of the municipality or special
98fire control district, and two of whom shall be full-time
99firefighters as defined in s. 175.032 who shall be elected by a
100majority of the active firefighters who are members of such
101plan. With respect to any chapter plan or local law plan that,
102on January 1, 1997, allowed retired firefighters to vote in such
103elections, retirees may continue to vote in such elections. The
104fifth member shall be chosen by a majority of the previous four
105members as provided for herein, and such person's name shall be
106submitted to the governing body of the municipality or special
107fire control district. Upon receipt of the fifth person's name,
108the governing body of the municipality or special fire control
109district shall, as a ministerial duty, appoint such person to
110the board of trustees as its fifth member. The fifth member
111shall have the same rights as each of the other four members
112appointed or elected as herein provided, shall serve as trustee
113for a period of 2 years, and may succeed himself or herself in
114office. Each resident member shall serve as trustee for a period
115of 2 years, unless sooner replaced by the governing body at
116whose pleasure he or she shall serve, and may succeed himself or
117herself as a trustee. Each firefighter member shall serve as
118trustee for a period of 2 years, unless he or she sooner leaves
119the employment of the municipality or special fire control
120district as a firefighter, whereupon a successor shall be chosen
121in the same manner as an original appointment. Each firefighter
122may succeed himself or herself in office. The terms of office of
123the appointed and elected members of the board may be amended by
124municipal ordinance, special act of the Legislature, or
125resolution adopted by the governing body of the special fire
126control district to extend the terms of office from 2 years to 4
127years. The length of the terms of office shall be the same for
128all board members.
129     (7)  The board of trustees may, upon written request by the
130retiree of the plan, or by a dependent, when authorized by the
131retiree or the retiree's beneficiary, authorize the plan
132administrator to withhold from the monthly retirement payment
133those funds that are necessary to pay for the benefits being
134received through the governmental entity from which the employee
135retired, to pay the certified bargaining agent of the
136governmental entity, and to make any payments for child support
137or alimony. Further, the board of trustees may, upon written
138request of the retiree of the plan, authorize the plan
139administrator to withhold from the retirement payment those
140funds that are necessary to pay for premiums for accident,
141health, and long-term care insurance for the retiree and the
142retiree's spouse and dependents. A retirement plan does not
143incur any liability for participation in this permissive program
144if its actions are taken in good faith.
145     Section 3.  Subsection (1) of section 175.071, Florida
146Statutes, is amended to read:
147     175.071  General powers and duties of board of
148trustees.--For any municipality, special fire control district,
149chapter plan, local law municipality, local law special fire
150control district, or local law plan under this chapter:
151     (1)  The board of trustees, subject to the fiduciary
152standards in ss. 112.656, 112.661, and 518.11 and the Code of
153Ethics in ss. 112.311-112.3187, may utilize the investment
154policy guidelines provided in s. 112.661(5) or:
155     (a)  Invest and reinvest the assets of the firefighters'
156pension trust fund in annuity and life insurance contracts of
157life insurance companies in amounts sufficient to provide, in
158whole or in part, the benefits to which all of the participants
159in the firefighters' pension trust fund shall be entitled under
160the provisions of this chapter and pay the initial and
161subsequent premiums thereon.
162     (b)  Invest and reinvest the assets of the firefighters'
163pension trust fund in:
164     1.  Time or savings accounts of a national bank, a state
165bank insured by the Bank Insurance Fund, or a savings, building,
166and loan association insured by the Savings Association
167Insurance Fund which is administered by the Federal Deposit
168Insurance Corporation or a state or federal chartered credit
169union whose share accounts are insured by the National Credit
170Union Share Insurance Fund.
171     2.  Obligations of the United States or obligations
172guaranteed as to principal and interest by the government of the
173United States.
174     3.  Bonds issued by the State of Israel.
175     4.  Bonds, stocks, or other evidences of indebtedness
176issued or guaranteed by a corporation organized under the laws
177of the United States, any state or organized territory of the
178United States, or the District of Columbia, provided:
179     a.  The corporation is listed on any one or more of the
180recognized national stock exchanges or on the National Market
181System of the NASDAQ Stock Market and, in the case of bonds
182only, holds a rating in one of the three highest classifications
183by a major rating service; and
184     b.  The board of trustees shall not invest more than 5
185percent of its assets in the common stock or capital stock of
186any one issuing company, nor shall the aggregate investment in
187any one issuing company exceed 5 percent of the outstanding
188capital stock of that company or the aggregate of its
189investments under this subparagraph at cost exceed 50 percent of
190the assets of the fund.
191
192This paragraph shall apply to all boards of trustees and
193participants. However, in the event that a municipality or
194special fire control district has a duly enacted pension plan
195pursuant to, and in compliance with, s. 175.351, and the
196trustees thereof desire to vary the investment procedures
197herein, the trustees of such plan shall request a variance of
198the investment procedures as outlined herein only through a
199municipal ordinance, special act of the Legislature, or
200resolution by the governing body of the special fire control
201district; where a special act, or a municipality by ordinance
202adopted prior to July 1, 1998, permits a greater than 50-percent
203equity investment, such municipality shall not be required to
204comply with the aggregate equity investment provisions of this
205paragraph. Notwithstanding any other provision of law to the
206contrary, nothing in this section may be construed to take away
207any preexisting legal authority to make equity investments that
208exceed the requirements of this paragraph. The board of trustees
209may invest up to 20 10 percent of plan assets in foreign
210securities.
211     (c)  Issue drafts upon the firefighters' pension trust fund
212pursuant to this act and rules and regulations prescribed by the
213board of trustees. All such drafts shall be consecutively
214numbered, be signed by the chair and secretary or two
215individuals designated by the board who are subject to the same
216fiduciary standards as required for the board of trustees under
217this subsection, and state upon their faces the purpose for
218which the drafts are drawn. The treasurer or depository of each
219municipality or special fire control district shall retain such
220drafts when paid, as permanent vouchers for disbursements made,
221and no money shall be otherwise drawn from the fund.
222     (d)  Convert into cash any securities of the fund.
223     (e)  Keep a complete record of all receipts and
224disbursements and of the board's acts and proceedings.
225     Section 4.  Subsection (1) of section 175.101, Florida
226Statutes, is amended to read:
227     175.101  State excise tax on property insurance premiums
228authorized; procedure.--For any municipality, special fire
229control district, chapter plan, local law municipality, local
230law special fire control district, or local law plan under this
231chapter:
232     (1)  Each municipality or special fire control district in
233this state described and classified in s. 175.041, having a
234lawfully established firefighters' pension trust fund or
235municipal fund or special fire control district fund, by
236whatever name known, providing pension benefits to firefighters
237as provided under this chapter, may assess and impose on every
238insurance company, corporation, or other insurer now engaged in
239or carrying on, or who shall hereinafter engage in or carry on,
240the business of property insurance as shown by the records of
241the Office of Insurance Regulation of the Financial Services
242Commission an excise tax in addition to any lawful license or
243excise tax now levied by each of the municipalities or special
244fire control districts, respectively, amounting to 1.85 percent
245of the gross amount of receipts of premiums from policyholders
246on all premiums collected on property insurance policies
247covering property within the corporate limits of such
248municipalities or within the legally defined boundaries of
249special fire control districts, respectively. Whenever the
250boundaries of a special fire control district that has lawfully
251established a firefighters' pension trust fund encompass a
252portion of the corporate territory of a municipality that has
253also lawfully established a firefighters' pension trust fund,
254that portion of the tax receipts attributable to insurance
255policies covering property situated both within the municipality
256and the special fire control district shall be given to the fire
257service provider. For the purpose of this section, the
258boundaries of a special fire control district shall be deemed to
259include an area that has been annexed until the completion of
260the 4-year period provided for in s. 171.093(4), or other
261agreed-upon extension, or the termination of an interlocal
262agreement executed pursuant to s. 171.093(3). The agent shall
263identify the fire service provider on the property owner's
264application for insurance. Remaining revenues collected pursuant
265to this chapter shall be distributed to the municipality or
266special fire control district according to the location of the
267insured property.
268
269This section also applies to any municipality consisting of a
270single consolidated government which is made up of a former
271county and one or more municipalities, consolidated pursuant to
272the authority in s. 3 or s. 6(e), Art. VIII of the State
273Constitution, and to property insurance policies covering
274property within the boundaries of the consolidated government,
275regardless of whether the properties are located within one or
276more separately incorporated areas within the consolidated
277government, provided the properties are being provided fire
278protection services by the consolidated government. This section
279also applies to any municipality, as provided in s.
280175.041(3)(c), which has entered into an interlocal agreement to
281receive fire protection services from another municipality
282participating under this chapter. The excise tax may be levied
283on all premiums collected on property insurance policies
284covering property located within the corporate limits of the
285municipality receiving the fire protection services, but will be
286available for distribution to the municipality providing the
287fire protection services.
288     Section 5.  Subsection (2) of section 185.03, Florida
289Statutes, is amended to read:
290     185.03  Municipal police officers' retirement trust funds;
291creation; applicability of provisions; participation by public
292safety officers.--For any municipality, chapter plan, local law
293municipality, or local law plan under this chapter:
294     (2)(a)  The provisions of this chapter shall apply only to
295municipalities organized and established pursuant to the laws of
296the state, and said provisions shall not apply to the
297unincorporated areas of any county or counties nor shall the
298provisions hereof apply to any governmental entity whose police
299officers are eligible to participate in the Florida Retirement
300System.
301     (b)  With respect to the distribution of premium taxes, a
302single consolidated government consisting of a former county and
303one or more municipalities, consolidated pursuant to s. 3 or s.
3046(e), Art. VIII of the State Constitution, is also eligible to
305participate under this chapter. The consolidated government
306shall notify the division when it has entered into an interlocal
307agreement to provide police services to a municipality within
308its boundaries. The municipality may enact an ordinance levying
309the tax as provided in s. 185.08. Upon being provided copies of
310the interlocal agreement and the municipal ordinance levying the
311tax, the division shall distribute any premium taxes reported
312for the municipality to the consolidated government as long as
313the interlocal agreement is in effect.
314     Section 6.  Paragraph (a) of subsection (1) and subsection
315(6) of section 185.05, Florida Statutes, are amended to read:
316     185.05  Board of trustees; members; terms of office;
317meetings; legal entity; costs; attorney's fees.--For any
318municipality, chapter plan, local law municipality, or local law
319plan under this chapter:
320     (1)  In each municipality described in s. 185.03 there is
321hereby created a board of trustees of the municipal police
322officers' retirement trust fund, which shall be solely
323responsible for administering the trust fund. Effective October
3241, 1986, and thereafter:
325     (a)  The membership of the board of trustees for chapter
326plans shall consist of five members, two of whom, unless
327otherwise prohibited by law, shall be legal residents of the
328municipality, who shall be appointed by the legislative body of
329the municipality, and two of whom shall be police officers as
330defined in s. 185.02 who shall be elected by a majority of the
331active police officers who are members of such plan. With
332respect to any chapter plan or local law plan that, on January
3331, 1997, allowed retired police officers to vote in such
334elections, retirees may continue to vote in such elections. The
335fifth member shall be chosen by a majority of the previous four
336members, and such person's name shall be submitted to the
337legislative body of the municipality. Upon receipt of the fifth
338person's name, the legislative body of the municipality shall,
339as a ministerial duty, appoint such person to the board of
340trustees as its fifth member. The fifth member shall have the
341same rights as each of the other four members appointed or
342elected as herein provided, shall serve as trustee for a period
343of 2 years, and may succeed himself or herself in office. Each
344resident member shall serve as trustee for a period of 2 years,
345unless sooner replaced by the legislative body at whose pleasure
346the member shall serve, and may succeed himself or herself as a
347trustee. Each police officer member shall serve as trustee for a
348period of 2 years, unless he or she sooner leaves the employment
349of the municipality as a police officer, whereupon the
350legislative body of the municipality shall choose a successor in
351the same manner as an original appointment. Each police officer
352may succeed himself or herself in office. The terms of office of
353the appointed and elected members of the board may be amended by
354municipal ordinance or special act of the Legislature to extend
355the terms of office from 2 years to 4 years. The length of the
356terms of office shall be the same for all board members.
357     (6)  The board of trustees may, upon written request by the
358retiree of the plan, or by a dependent, when authorized by the
359retiree or the retiree's beneficiary, authorize the plan
360administrator to withhold from the monthly retirement payment
361those funds that are necessary to pay for the benefits being
362received through the governmental entity from which the employee
363retired, to pay the certified bargaining agent of the
364governmental entity, and to make any payments for child support
365or alimony. Further, the board of trustees may, upon written
366request of the retiree of the plan, authorize the plan
367administrator to withhold from the retirement payment those
368funds that are necessary to pay for premiums for accident,
369health, and long-term care insurance for the retiree and the
370retiree's spouse and dependents. A retirement plan does not
371incur any liability for participation in this permissive program
372if its actions are taken in good faith.
373     Section 7.  Subsection (1) of section 185.06, Florida
374Statutes, is amended to read:
375     185.06  General powers and duties of board of
376trustees.--For any municipality, chapter plan, local law
377municipality, or local law plan under this chapter:
378     (1)  The board of trustees, subject to the fiduciary
379standards in ss. 112.656, 112.661, and 518.11 and the Code of
380Ethics in ss. 112.311-112.3187, may utilize the investment
381policy guidelines provided in s. 112.661(5) or:
382     (a)  Invest and reinvest the assets of the retirement trust
383fund in annuity and life insurance contracts of life insurance
384companies in amounts sufficient to provide, in whole or in part,
385the benefits to which all of the participants in the municipal
386police officers' retirement trust fund shall be entitled under
387the provisions of this chapter, and pay the initial and
388subsequent premiums thereon.
389     (b)  Invest and reinvest the assets of the retirement trust
390fund in:
391     1.  Time or savings accounts of a national bank, a state
392bank insured by the Bank Insurance Fund, or a savings and loan
393association insured by the Savings Association Insurance Fund
394which is administered by the Federal Deposit Insurance
395Corporation or a state or federal chartered credit union whose
396share accounts are insured by the National Credit Union Share
397Insurance Fund.
398     2.  Obligations of the United States or obligations
399guaranteed as to principal and interest by the United States.
400     3.  Bonds issued by the State of Israel.
401     4.  Bonds, stocks, or other evidences of indebtedness
402issued or guaranteed by a corporation organized under the laws
403of the United States, any state or organized territory of the
404United States, or the District of Columbia, provided:
405     a.  The corporation is listed on any one or more of the
406recognized national stock exchanges or on the National Market
407System of the NASDAQ Stock Market and, in the case of bonds
408only, holds a rating in one of the three highest classifications
409by a major rating service; and
410     b.  The board of trustees shall not invest more than 5
411percent of its assets in the common stock or capital stock of
412any one issuing company, nor shall the aggregate investment in
413any one issuing company exceed 5 percent of the outstanding
414capital stock of the company or the aggregate of its investments
415under this subparagraph at cost exceed 50 percent of the fund's
416assets.
417
418This paragraph shall apply to all boards of trustees and
419participants. However, in the event that a municipality has a
420duly enacted pension plan pursuant to, and in compliance with,
421s. 185.35 and the trustees thereof desire to vary the investment
422procedures herein, the trustees of such plan shall request a
423variance of the investment procedures as outlined herein only
424through a municipal ordinance or special act of the Legislature;
425where a special act, or a municipality by ordinance adopted
426prior to July 1, 1998, permits a greater than 50-percent equity
427investment, such municipality shall not be required to comply
428with the aggregate equity investment provisions of this
429paragraph. Notwithstanding any other provision of law to the
430contrary, nothing in this section may be construed to take away
431any preexisting legal authority to make equity investments that
432exceed the requirements of this paragraph. The board of trustees
433may invest up to 20 10 percent of plan assets in foreign
434securities.
435     (c)  Issue drafts upon the municipal police officers'
436retirement trust fund pursuant to this act and rules and
437regulations prescribed by the board of trustees. All such drafts
438shall be consecutively numbered, be signed by the chair and
439secretary or two individuals designated by the board who are
440subject to the same fiduciary standards as required for the
441board of trustees under this subsection, and state upon their
442faces the purposes for which the drafts are drawn. The city
443treasurer or other depository shall retain such drafts when
444paid, as permanent vouchers for disbursements made, and no money
445shall otherwise be drawn from the fund.
446     (d)  Finally decide all claims to relief under the board's
447rules and regulations and pursuant to the provisions of this
448act.
449     (e)  Convert into cash any securities of the fund.
450     (f)  Keep a complete record of all receipts and
451disbursements and of the board's acts and proceedings.
452     Section 8.  Section 185.08, Florida Statutes, is amended to
453read:
454     185.08  State excise tax on casualty insurance premiums
455authorized; procedure.--For any municipality, chapter plan,
456local law municipality, or local law plan under this chapter:
457     (1)  Each incorporated municipality in this state described
458and classified in s. 185.03, as well as each other city or town
459of this state which on July 31, 1953, had a lawfully established
460municipal police officers' retirement trust fund or city fund,
461by whatever name known, providing pension or relief benefits to
462police officers as provided under this chapter, may assess and
463impose on every insurance company, corporation, or other insurer
464now engaged in or carrying on, or who shall hereafter engage in
465or carry on, the business of casualty insurance as shown by
466records of the Office of Insurance Regulation of the Financial
467Services Commission, an excise tax in addition to any lawful
468license or excise tax now levied by each of the said
469municipalities, respectively, amounting to .85 percent of the
470gross amount of receipts of premiums from policyholders on all
471premiums collected on casualty insurance policies covering
472property within the corporate limits of such municipalities,
473respectively.
474     (2)  In the case of multiple peril policies with a single
475premium for both property and casualty coverages in such
476policies, 30 percent of such premium shall be used as the basis
477for the .85-percent tax above.
478     (3)  The excise tax shall be payable annually March 1 of
479each year after the passing of an ordinance assessing and
480imposing the tax herein authorized. Installments of taxes shall
481be paid according to the provisions of s. 624.5092(2)(a), (b),
482and (c).
483
484This section also applies to any municipality that has entered
485into an interlocal agreement to receive police protection
486services from another municipality under s. 185.03. The excise
487tax may be levied on all premiums collected on casualty
488insurance policies covering property located within the
489corporate limits of the municipality receiving the police
490protection services but is available for distribution to the
491municipality providing the police protection services.
492     Section 9.  If any provision of this act or its application
493to any person or circumstance is held invalid, the invalidity
494does not affect other provisions or applications of the act
495which can be given effect without the invalid provision or
496application, and to this end the provisions of this act are
497severable.
498     Section 10.  This act shall take effect upon becoming a
499law.


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