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Florida Statute 175.091 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 175
FIREFIGHTER PENSIONS
View Entire Chapter
F.S. 175.091
175.091 Creation and maintenance of fund.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) The firefighters’ pension trust fund in each municipality and in each special fire control district shall be created and maintained in the following manner:
(a) By payment to the fund of the net proceeds of the 1.85-percent excise or other similar tax which may be imposed by the municipality or special fire control district upon fire insurance companies, fire insurance associations, or other property insurers on their gross receipts on premiums from holders of policies, which policies cover real or personal property within the corporate limits of such municipality, in the case of a municipal government, and within the legally defined jurisdiction of the district, in the case of a special fire control district. Whenever a municipality maintains a firefighters’ pension trust fund under the provisions of this chapter but is partially contained within the boundaries of a special fire control district, that portion of the 1.85-percent excise, license, or other similar tax which is collected for insurance policies covering property within the jurisdiction of both the municipality and the special fire control district shall be given to the firefighters’ pension trust fund of the fire service provider. Remaining revenues collected pursuant to this chapter shall be distributed to the municipality or special fire control district according to the location of the insured property.
(b) Except as reduced or increased contributions are authorized by subsection (2), by the payment to the fund of 5 percent of the salary of each uniformed firefighter who is a member or duly enrolled in the fire department of any municipality or special fire control district, which 5 percent shall be deducted by the municipality or special fire control district from the compensation due to the firefighter and paid over to the board of trustees of the firefighters’ pension trust fund wherein such firefighter is employed. No firefighter shall have any right to the money so paid into the fund except as provided in this chapter.
(c) By all fines and forfeitures imposed and collected from any firefighter because of the violation of any rule and regulation promulgated by the board of trustees.
(d) By mandatory payment by the municipality or special fire control district of a sum equal to the normal cost of and the amount required to fund any actuarial deficiency shown by an actuarial valuation conducted under part VII of chapter 112 after taking into account the amounts described in paragraphs (b), (c), (e), (f), and (g) and the tax proceeds described in paragraph (a) which are used to fund benefits in a defined benefit plan component.
(e) By all gifts, bequests, and devises when donated to the fund.
(f) By all accretions to the fund by way of interest or dividends on bank deposits, or otherwise.
(g) By all other sources or income now or hereafter authorized by law for the augmentation of such firefighters’ pension trust fund.
(2) Member contribution rates may be adjusted as follows:
(a) The employing municipality or special fire control district, by local ordinance or resolution, may elect to make an employee’s contributions. However, under no circumstances may a municipality or special fire control district reduce the member contribution to less than one-half of 1 percent of salary.
(b) Firefighter member contributions may be increased by consent of the members’ collective bargaining representative or, if none, by majority consent of firefighter members of the fund.

Nothing in this section shall be construed to require adjustment of member contribution rates in effect on the date this act becomes a law, including rates that exceed 5 percent of salary, provided that such rates are at least one-half of 1 percent of salary.

History.s. 1, ch. 63-249; s. 1, ch. 65-58; s. 1, ch. 67-218; s. 5, ch. 81-168; s. 5, ch. 86-41; s. 18, ch. 93-193; s. 7, ch. 97-96; s. 7, ch. 99-1; s. 6, ch. 2011-216; s. 5, ch. 2015-39.

F.S. 175.091 on Google Scholar

F.S. 175.091 on Casetext

Amendments to 175.091


Arrestable Offenses / Crimes under Fla. Stat. 175.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.091.



Annotations, Discussions, Cases:

Cases Citing Statute 175.091

Total Results: 6

Board of Trustees v. Town of Lake Park

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-03T00:53:00-07:00

Citation: 966 So. 2d 448

Snippet: the Town violated sections 175.361, 112.0515 and 175.091(d), Florida Statutes. The Board further alleged…received no distribution from the Plan. Section 175.091, Florida Statutes, governs the creation and maintenance…provided in part VII of chapter 112." See § 175.091(1)(a)-(g), Fla. Stat. (2006). Prior to termination…required by the provisions of the Plan and section 175.091(1)(d), Florida Statutes. Certainly, if the Town…benefits to be distributed to Plan members. Section 175.091(1)(d), Florida Statutes, required the Town to make

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-06-25T00:53:00-07:00

Snippet: Section 175.061(1)(a), Fla. Stat. 8 Id. 9 Section 175.091(1)(a), Fla. Stat. 10 Section 175.071(1)(a), (b)

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

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-27T23:53:00-08:00

Citation: 540 So. 2d 850

Snippet: law plans: sections 175.061, 175.071, 175.041, 175.091, 175.162, 175.181, 175.191, 175.251, 175.261, 175.291

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-12-21T23:53:00-08:00

Snippet: municipalities and their employees. See generally ss. 175.091 and 185.08, F. S., regarding the creation and maintenance

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-01-02T23:53:00-08:00

Snippet: made by the municipalities. See generally, ss. 175.091-175.101 and ss. 185.07-185.08, F. S., regarding

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Court: Fla. Att'y Gen. | Date Filed: 1974-04-09T00:53:00-07:00

Snippet: contributions made by the municipalities. Sections 175.091 and 185.07. The license tax revenue is collected