185.01
Legislative declaration.
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185.01 Legislative declaration.—
(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 life and property; and that their activities are vital to public welfare of this state. Therefore the Legislature declares that it is a proper and legitimate state purpose to provide a uniform retirement system for the benefit of police officers as hereinafter defined and intends, in implementing the provisions of s. 14, Art. X of the State Constitution as they relate to municipal police officers’ retirement trust fund systems and plans, that such retirement systems or plans be managed, administered, operated, and funded in such manner as to maximize the protection of police officers’ retirement trust funds. Therefore, the Legislature hereby determines and declares that the provisions of this act fulfill an important state interest.
(2) This chapter hereby establishes, for all municipal pension plans provided for under this chapter, including chapter plans and local law plans, minimum benefits and minimum standards for the operation and funding of such plans, hereinafter referred to as municipal police officers’ retirement trust funds, which must be met as conditions precedent to the plan or plan sponsor’s receiving a distribution of insurance premium tax revenues under s. 185.10. Minimum benefits and minimum standards for each plan may not be diminished by local ordinance or by special act of the Legislature and may not be reduced or offset by any other local, state, or federal plan that includes police officers in its operation, except as provided under s. 112.65.
History.—s. 1, ch. 28230, 1953; s. 1, ch. 86-42; s. 41, ch. 99-1; s. 8, ch. 2015-39.
Notes of Decisions
Cited in 6
cases, 1962–2010 · leading case: In Re Wheat
In Re Wheat (1992)
“Fla.Stat. § 185.01 (“Legislative declaration”) (emphasis added).”
Florida League of Cities, Inc. v. Department of Insurance and Treasurer (1989)
“86-42, to section 185.01 regarding police officers' trust funds.”
City of St. Petersburg v. Remia (2010)
“The City contends that the former police officers are bound by the terms of their employment contracts which included a pension provision, apparently set by ordinance, that their contributions were forfeited absent vesting.”
City of Hollywood v. Hollywood Lodge 21 (1976)
““in violation of the legislative mandate as expressed in Section 185.01, Florida Statutes, and as interpreted by the Florida Supreme Court in the case of City of Miami v.”
Headley v. Sharpe (1962)
“There is no question that these services rendered by the appellees can be classified a police function in that they keep the public peace; that they conserve both life and property, and that their activities are vital to public welfare of this State, pursuant to § 185.01,…”
Florida League of Cities v. Department of Insurance & Treasurer (1987)
“) See also Section 185.01, as amended by Section 1, Chapter 86-42, Laws of Florida.”
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