Florida Statute 175.121 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 175
FIREFIGHTER PENSIONS

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F.S. 175.121

175.121 Department of Revenue and Division of Retirement to keep accounts of deposits; disbursements.—For any municipality or special fire control district having a chapter or local law plan established pursuant to this chapter:

(1) The Department of Revenue shall keep a separate account of all moneys collected for each municipality and each special fire control district under the provisions of this chapter. All moneys so collected must be transferred to the Police and Firefighters’ Premium Tax Trust Fund and shall be separately accounted for by the division. The moneys budgeted as necessary to pay the expenses of the division for the daily oversight and monitoring of the firefighters’ pension plans under this chapter and for the oversight and actuarial reviews conducted under part VII of chapter 112 are annually appropriated from the interest and investment income earned on the moneys collected for each municipality or special fire control district and deposited in the Police and Firefighters’ Premium Tax Trust Fund. Interest and investment income remaining thereafter in the trust fund which is unexpended and otherwise unallocated by law shall revert to the General Revenue Fund on June 30 of each year.

(2) The Chief Financial Officer shall, on or before July 1 of each year, and at such other times as authorized by the division, draw his or her warrants on the full net amount of money then on deposit in the Police and Firefighters’ Premium Tax Trust Fund pursuant to this chapter, specifying the municipalities and special fire control districts to which the moneys must be paid and the net amount collected for and to be paid to each municipality or special fire control district, respectively, subject to the limitation on disbursement under s. 175.122. The sum payable to each municipality or special fire control district is appropriated annually out of the Police and Firefighters’ Premium Tax Trust Fund. The warrants of the Chief Financial Officer shall be payable to the respective municipalities and special fire control districts entitled to receive them and shall be remitted annually by the division to the respective municipalities and special fire control districts. In lieu thereof, the municipality or special fire control district may provide authorization to the division for the direct payment of the premium tax to the board of trustees. In order for a municipality or special fire control district and its pension fund to participate in the distribution of premium tax moneys under this chapter, all the provisions shall be complied with annually, including state acceptance pursuant to part VII of chapter 112.

(3)(a) All moneys not distributed to municipalities and special fire control districts under this section as a result of the limitation on disbursement contained in s. 175.122, or as a result of any municipality or special fire control district not having qualified in any given year, or portion thereof, shall be transferred to the Firefighters’ Supplemental Compensation Trust Fund administered by the Department of Revenue, as provided in s. 633.422.

(b)1. Moneys transferred under paragraph (a) but not needed to support the supplemental compensation program in a given year shall be redistributed pro rata to those participating municipalities and special fire control districts that transfer any portion of their funds to support the supplemental compensation program in that year. Such additional moneys shall be used to cover or offset costs of the retirement plan.

2. To assist the Department of Revenue, the division shall identify those municipalities and special fire control districts that are eligible for redistribution as provided in s. 633.422(3)(c)2., by listing the municipalities and special fire control districts from which funds were transferred under paragraph (a) and specifying the amount transferred by each.

History.—s. 1, ch. 63-249; ss. 13, 35, ch. 69-106; s. 1, ch. 74-294; s. 3, ch. 85-61; s. 7, ch. 86-41; s. 21, ch. 93-193; s. 11, ch. 94-259; s. 1449, ch. 95-147; s. 2, ch. 95-250; s. 10, ch. 99-1; s. 162, ch. 2003-261; s. 127, ch. 2013-183.

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Amendments to 175.121

Arrestable Offenses / Crimes under Fla. Stat. 175.121

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.121.

Annotations, Discussions, Cases:

Cases Citing Statute 175.121

Total Results: 9

Rimmer v. State

Court: Fla. | Date Filed: 2010-12-16T00:00:00-08:00

Citation: 59 So. 3d 763, 35 Fla. L. Weekly Supp. 745, 2010 Fla. LEXIS 2091, 2010 WL 5110212

Snippet: People ex rel. Daley v. Fitzgerald, 123 Ill.2d 175, 121 Ill.Dec. 937, 526 N.E.2d 131, 135 (1988)). We

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Court: Fla. Att'y Gen. | Date Filed: 2001-09-21T00:53:00-07:00

Snippet: or special fire control district pursuant to s. 175.121 that exceed that amount received for calendar year

State v. Lewis

Court: Fla. | Date Filed: 1994-10-27T00:00:00-07:00

Citation: 656 So. 2d 1248

Snippet: People ex rel. Daley v. Fitzgerald, 123 Ill.2d 175, 121 Ill.Dec. 937, 941, 526 N.E.2d 131, 135 (1988).

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: Section 175.321 stated that "sections 175.101-175.121 and 175.131-175.151 shall be applicable in relation…distribution of tax funds established in ss. 175.101-175.121 and 175.131-175.151, their pension funds must meet…amended in 1986 and states in part: Sections 175.101-175.121 and 175.131-175.151 shall be applicable in relation…singular) "established by ss. 175.041 and 175.121." This express reference to a chapter fund…from the tax fund established in Sections 175.101-175.121 and 175.131-175.151, Florida Statutes." A

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Court: Fla. Att'y Gen. | Date Filed: 1985-02-18T23:53:00-08:00

Snippet: distributed to municipalities in accordance with s. 175.121 as a result of the limitation contained in s. 175.122

BD. OF TRUSTEES OF CITY OF DUNEDIN v. Dulje

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-20T00:53:00-07:00

Citation: 453 So. 2d 177

Snippet: pre-empts municipal law as to sections 175.101-175.121 and sections 175.131-175.151. Section 175.321 also

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Court: Fla. Att'y Gen. | Date Filed: 1979-12-17T23:53:00-08:00

Snippet: prescribed by ss. 175.121 and 185.10. The disbursement of those moneys provided for in s. 175.121 is limited …Commissioner's Regulatory Trust Fund pursuant to ss. 175.121 and 185.10, F. S., when such funds are not payable…Trust Fund for firefighters and policemen. See ss. 175.121 and 185.10, F. S. You further state that such accumulation…along with your request suggests that, because ss. 175.121 and 185.10 do not evidence any legislative intent…the General Revenue Fund of the state. Sections 175.121 and 185.10, F. S., require the Insurance Commissioner

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

Snippet: municipality as appropriated annually. See ss.175.121 and 185.10, F. S. Any funds received by the municipality

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

Snippet: each municipality at least once a year. Sections 175.121 and 185.10. Municipalities must pay such revenue…revenue into the appropriate funds. Sections 175.121 and 185.11. All funds and securities of the funds are