Chapter 185 — Chapter 185
38 sections in this chapter.
Fla. Stat. § 185.01 Legislative declaration
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(1) It is hereby found and declared by the Legislature that police officers as hereinafter defined perform both state and municipal functions; that they make arrests for violations of state traffic laws on public highways; that they keep the public peace; that they conserve both …
Fla. Stat. § 185.015 Short title
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This chapter may be cited as the “Marvin B. Clayton Police Officers Pension Trust Fund Act.”
Fla. Stat. § 185.02 Definitions
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, the term:(1) “Additional premium tax revenues” means revenues received by a municipality pursuant to s. 185.10 which exceed base premium tax revenues.(2) “Average final compensation”…
Fla. Stat. § 185.03 Municipal police officers’ retirement trust funds; creation; applicability of provisions; participation by public safety officers
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) There shall be established a special fund exclusively for the purpose of this chapter, which in the case of chapter plans shall be known as the “Municipal Police Officers’ Retirem…
Fla. Stat. § 185.04 Actuarial deficits not state obligations
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, actuarial deficits, if any, arising under this chapter are not the obligation of the state.
Fla. Stat. § 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney’s fees
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) In each municipality described in s. 185.03 there is hereby created a board of trustees of the municipal police officers’ retirement trust fund, which shall be solely responsible …
Fla. Stat. § 185.06 General powers and duties of board of trustees
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) The board of trustees, subject to the fiduciary standards in ss. 112.656, 112.661, and 518.11, the Code of Ethics in ss. 112.311-112.3187, and the requirements in s. 112.662, may:…
Fla. Stat. § 185.061 Use of annuity or insurance policies
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When the board of trustees of any municipality, chapter plan, local law municipality, or local law plan purchases annuity or life insurance contracts to provide all or part of the benefits promised by this chapter, the following principles shall be observed:(1) Only those officer…
Fla. Stat. § 185.07 Creation and maintenance of fund
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) The municipal police officers’ retirement trust fund in each municipality described in s. 185.03 shall be created and maintained in the following manner:(a) By the net proceeds of…
Fla. Stat. § 185.08 State excise tax on casualty insurance premiums authorized; procedure
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1)(a) Each incorporated municipality in this state described and classified in s. 185.03, as well as each other city or town of this state which on July 31, 1953, had a lawfully esta…
Fla. Stat. § 185.085 Determination of local premium tax situs
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(1)(a) Any insurance company that is obligated to report and remit the excise tax on casualty insurance premiums imposed under s. 185.08 shall be held harmless from any liability, including, but not limited to, liability for taxes, interest, or penalties that would otherwise be d…
Fla. Stat. § 185.09 Report of premiums paid; date tax payable
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, whenever any municipality passes an ordinance establishing a chapter plan or local law plan and assessing and imposing the tax authorized in s. 185.08, a certified copy of such ordin…
Fla. Stat. § 185.10 Department of Revenue and Division of Retirement to keep accounts of deposits; disbursements
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For any municipality having a chapter plan or local law plan under this chapter:(1) The Department of Revenue shall keep a separate account of all moneys collected for each municipality under the provisions of this chapter. All moneys so collected must be transferred to the Polic…
Fla. Stat. § 185.105 Police and Firefighters’ Premium Tax Trust Fund
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The Police and Firefighters’ Premium Tax Trust Fund is created, to be administered by the Division of Retirement of the Department of Management Services. Funds credited to the trust fund, as provided in chapter 95-250, Laws of Florida, or similar legislation, shall be expended f…
Fla. Stat. § 185.11 Funds received by municipalities, deposit in retirement trust fund
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, all state and other funds received by any municipality under the provisions of this chapter shall be deposited by the municipality immediately, and under no circumstances more than 5…
Fla. Stat. § 185.12 Payment of excise tax credit on similar state excise or license tax
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The tax herein authorized shall in nowise be additional to the similar state excise or license tax imposed by part IV, chapter 624, but the payor of the tax hereby authorized shall receive credit therefor on his or her state excise or license tax and the balance of said state exc…
Fla. Stat. § 185.13 Failure of insurer to comply with chapter; penalty
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If any insurance company, corporation or other insurer fails to comply with the provisions of this chapter, on or before March 1 in each year as herein provided, the certificate of authority issued to said insurance company, corporation or other insurer to transact business in th…
Fla. Stat. § 185.16 Requirements for retirement
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, any police officer who completes 10 or more years of creditable service as a police officer and attains age 55, or completes 25 years of creditable service as a police officer and at…
Fla. Stat. § 185.161 Optional forms of retirement income
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1)(a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified in s. 185.16, a police officer, upon written request to the …
Fla. Stat. § 185.162 Beneficiaries
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) Each police officer may, on a form, provided for that purpose, signed and filed with the board of trustees, designate a choice of one or more persons, named sequentially or jointl…
Fla. Stat. § 185.18 Disability retirement
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) A police officer having 10 or more years of credited service, or a police officer who becomes totally and permanently disabled in the line of duty, regardless of length of service…
Fla. Stat. § 185.185 False, misleading, or fraudulent statements made to obtain public retirement benefits prohibited; penalty
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(1) It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain an…
Fla. Stat. § 185.19 Separation from municipal service; refunds
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) If any police officer leaves the service of the municipality before accumulating aggregate time of 10 years toward retirement and before being eligible to retire under the provisi…
Fla. Stat. § 185.191 Lump-sum payment of small retirement income
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, notwithstanding any provision of the plan to the contrary, if the monthly retirement income payable to any person entitled to benefits hereunder is less than $100 or if the single-su…
Fla. Stat. § 185.21 Death prior to retirement; refunds of contributions or payment of death benefits
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) If a police officer dies before being eligible to retire, the heirs, legatees, beneficiaries, or personal representatives of such deceased police officer shall be entitled to a re…
Fla. Stat. § 185.221 Annual report to Division of Retirement; actuarial valuations
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, the board of trustees for every chapter plan and local law plan shall submit the following reports to the division:(1) With respect to chapter plans:(a) Each year by February 1, the …
Fla. Stat. § 185.23 Duties of Division of Retirement; rulemaking authority; investments by State Board of Administration
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(1) The division shall be responsible for the daily oversight and monitoring for actuarial soundness of the municipal police officers’ retirement plans, whether chapter or local law plans, established under this chapter, for receiving and holding the premium tax moneys collected …
Fla. Stat. § 185.25 Exemption from tax and execution
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, the pensions, annuities, or any other benefits accrued or accruing to any person under any municipality, chapter plan, local law municipality, or local law plan under the provisions …
Fla. Stat. § 185.30 Depository for retirement fund
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, all funds of the municipal police officers’ retirement trust fund of any municipality, chapter plan, local law municipality, or local law plan under this chapter may be deposited by …
Fla. Stat. § 185.31 Municipalities and boards independent of other municipalities and boards and of each other
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In the enforcement and interpretation of the provisions of this chapter for any municipality, chapter plan, local law municipality, or local law plan under this chapter, each municipality shall be independent of any other municipality, and the board of trustees of the municipal p…
Fla. Stat. § 185.34 Disability in line of duty
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, any condition or impairment of health of any and all police officers employed in the state caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resultin…
Fla. Stat. § 185.341 Discrimination in benefit formula prohibited; restrictions regarding designation of joint annuitants
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) No plan shall discriminate in its benefit formula based on color, national origin, sex, or marital status.(2)(a) If a plan offers a joint annuitant option and the member selects s…
Fla. Stat. § 185.35 Municipalities that have their own retirement plans for police officers
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In order for a municipality that has its own retirement plan for police officers, or for police officers and firefighters if both are included, to participate in the distribution of the tax fund established under s. 185.08, a local law plan must meet minimum benefits and minimum …
Fla. Stat. § 185.37 Termination of plan and distribution of fund
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, the plan may be terminated by the municipality. Upon termination of the plan by the municipality for any reason, or because of a transfer, merger, or consolidation of governmental un…
Fla. Stat. § 185.38 Transfer to another state retirement system; benefits payable
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter:(1) Any police officer who has a vested right to benefits under a pension plan created pursuant to the provisions of this chapter and who elects to participate in another state retire…
Fla. Stat. § 185.39 Applicability
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This act applies to all municipalities, chapter plans, local law municipalities, or local law plans presently existing or to be created pursuant to this chapter. Those plans presently existing pursuant to s. 185.35 and not in compliance with the provisions of this act must comply…
Fla. Stat. § 185.50 Retiree health insurance subsidy
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For any municipality, chapter plan, local law municipality, or local law plan under this chapter, under the broad grant of home rule powers under the State Constitution and chapter 166, municipalities have the authority to establish and administer locally funded health insurance …
Fla. Stat. § 185.60 Optional participation
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A municipality may revoke its participation under this chapter by rescinding the legislative act, or ordinance which assesses and imposes taxes authorized in s. 185.08, and by furnishing a certified copy of such legislative act, or ordinance to the division. Thereafter, the munic…