Florida Statute 175.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 175
FIREFIGHTER PENSIONS

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F.S. 175.041

175.041 Firefighters’ Pension Trust Fund created; applicability of provisions.—For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, 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 “Firefighters’ Pension Trust Fund,” in each municipality and each special fire control district of this state heretofore or hereafter created which now has or which may hereafter have a constituted fire department or an authorized volunteer fire department, or any combination thereof.

(2) To qualify as a fire department or volunteer fire department or combination thereof under the provisions of this chapter, the department shall own and use apparatus for the fighting of fires that was in compliance with National Fire Protection Association Standards for Automotive Fire Apparatus at the time of purchase.

(3) The provisions of this chapter shall apply only to municipalities organized and established pursuant to the laws of the state and to special fire control districts, and said provisions shall not apply to the unincorporated areas of any county or counties except with respect to special fire control districts that include unincorporated areas, nor shall the provisions hereof apply to any governmental entity whose firefighters are eligible to participate in the Florida Retirement System.

(a) Special fire control districts that include, or consist exclusively of, unincorporated areas of one or more counties may levy and impose the tax and participate in the retirement programs enabled by this chapter.

(b) With respect to the distribution of premium taxes, a single consolidated government consisting of a former county and one or more municipalities, consolidated pursuant to s. 3 or s. 6(e), Art. VIII of the State Constitution, is also eligible to participate under this chapter. The consolidated government shall notify the division when it has entered into an interlocal agreement to provide fire services to a municipality within its boundaries. The municipality may enact an ordinance levying the tax as provided in s. 175.101. Upon being provided copies of the interlocal agreement and the municipal ordinance levying the tax, the division may distribute any premium taxes reported for the municipality to the consolidated government as long as the interlocal agreement is in effect.

(c) Any municipality that has entered into an interlocal agreement to provide fire protection services to any other incorporated municipality, in its entirety, for a period of 12 months or more may be eligible to receive the premium taxes reported for such other municipality. In order to be eligible for such premium taxes, the municipality providing the fire services must notify the division that it has entered into an interlocal agreement with another municipality. The municipality receiving the fire services may enact an ordinance levying the tax as provided in s. 175.101. Upon being provided copies of the interlocal agreement and the municipal ordinance levying the tax, the division may distribute any premium taxes reported for the municipality receiving the fire services to the participating municipality providing the fire services as long as the interlocal agreement is in effect.

(4) No municipality shall establish more than one retirement plan for public safety officers which is supported in whole or in part by the distribution of premium tax funds as provided by this chapter or chapter 185, nor shall any municipality establish a retirement plan for public safety officers which receives premium tax funds from both this chapter and chapter 185.

History.—s. 1, ch. 63-249; s. 1, ch. 65-153; ss. 2, 3, ch. 79-380; s. 1, ch. 79-388; s. 14, ch. 93-193; s. 3, ch. 99-1; s. 1, ch. 2002-29; s. 2, ch. 2005-205.

F.S. 175.041 on Google Scholar

F.S. 175.041 on Casetext

Amendments to 175.041

Arrestable Offenses / Crimes under Fla. Stat. 175.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.041.

Annotations, Discussions, Cases:

Cases Citing Statute 175.041

Total Results: 10

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-06-25

Snippet: (1996), 80-97 (1980) and 69-2 (1969). 5 Section 175.041(1), Fla. Stat. 6 Section 175.061(1), Fla. Stat

Florida League of Cities, Inc. v. Department of Insurance and Treasurer

Court: District Court of Appeal of Florida | Date Filed: 1989-02-28

Citation: 540 So. 2d 850, 1989 WL 15937

Snippet: municipality shall fall within the classification of s. 175.041 [chapter plans] and have its municipal firefighters'

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-12-22

Snippet: respectively, in each municipality of the state. See ss. 175.041 and 185.03, F. S. The funds consist in part of

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-04-27

Snippet: and disability income for policemen. Sections 175.041(1) and 185.35(2), F. S., further indicate that

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-01-03

Snippet: respectively, in each municipality of the state. Sections 175.041 and 185.03, F. S. The funds consist in part of

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-10-30

Snippet: municipality in this state described and classified in s. 175.041, having a lawfully established municipal firemen's

Whitman v. Kilpatrick

Court: District Court of Appeal of Florida | Date Filed: 1974-07-09

Citation: 297 So. 2d 321, 1974 Fla. App. LEXIS 6824

Snippet: loss are drug, medical and other bills totaling $175.41. Appellee contends that in addition it was reasonable

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-04-09

Snippet: respectively, in each municipality of the state. Sections 175.041 and 185.03. The boards of trustees of the funds

Powell v. New York Life Insurance

Court: Supreme Court of Florida | Date Filed: 1940-02-16

Citation: 194 So. 232, 141 Fla. 758

Snippet: See Green v. Richards,244 Mass. 495, 139 N.E. 175; 41 C. J. 862, Sec. 1057; Parker, et al., v. Oliver

Smith Bros. Inc. v. Williams

Court: Supreme Court of Florida | Date Filed: 1930-02-18

Citation: 126 So. 367, 100 Fla. 642

Snippet: Irrig. Dist. v. Bradley, 164 U.S. 112, 167, 174, 175, 41 L.Ed., 369, 391, 394, 17 Sup. Ct. R. 56." *Page