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Ordinance 1075ORDINANCE NO. 1075 AN ORDINANCE AS 3ESSING AND Ii=POSING 011 EVERY IN- SURANCE COMPANY, CORPORATION OR OTHER. INSURER NOJ ENGAGED IN OR CARRYING ON, OR 6°JH0 SHALL HEREAFTER ENGAGE IN 0R CARRY ON THE BUSINESS OF CASUALTY IN- SURING AS SHOWN BY THE RECORD OF THE STATE TREASUR'1IR IN HIS CAPACITY AS STATE INSURANCE COMMISSIONER, AN XCISE 01-1 LICENSE TAX IN ADDITION TO NY LA'IFUL LICENSE OR EXCISE TAX NOM LEVIED BY THE CITY OF MIAMI ATvMI BEACH, AMOUNTING IITG TO ONE W) PER CENT. OF THE GROSS AMOUI`N'T OF RECEIPT OF PRELIUIvIS FROM POLICY- HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY IN- SURANCE POLICIES COVERING PJOPERTY IITHIN THE COItPORATE LIMITS OF THE CITY OF MIAMI BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF :HE CITY OF MIAMI BEACH, FLORIDA: SLCTIOI 1: There is hereby assessed aril imposed on every in- surance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business of casualty insuring as shown by the records of the State Treasurer in his capacity as State In- surance Commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by the City of Miami reach, amounting to One (leo) Percent of the gross amount of receipts of premiums from policy -holders on all premiums collected on casualty insurance policies covering property with- in the corporate limits of Miami reach. SECTION 2: The tax in this Ordinance provided for is assessed and imposed by authority of Chapter 28230, Laws of Florida, Acts of 1953, and said tax shall be payable and col- lected in the manner provided for in said Chapter, and the money derived from said tax is hereby appropriated for the purposes set forth in said Chapter. SECTION 3: That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 19th day of August, A. D. 1953. Attest: 1st reading - 2nd reading - 3rd reading POSTED August 5, 1953 August 5, 1953 - August 19, 1953 - August 19, 1953 OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA CHAPTER 28230 SENATE BILL NO. 162 AN ACT providing a retirement system for police officer s of in- corporated municipalities in Florida; creating a special fund to be known as the Police Officers Retirement Fund within such municipalities and the State Treasury; providing for the aug- menting of the pension fund of municipal police officers by pro- viding for payment by the State Treasury on warrants duly drawn by the Comptroller of the two per cent tax on premiums paid by foreign casualty insurance companies to the treasury of the several towns, cities and municipalities which have here- tofore or that may hereafter provide for municipal police pen- sions, retirement or death funds; prescribing certain duties of State officers; and providing for the administration and financ- ing of said retirement system. Be It Enacted by the Legislature of the State of Florida: Section 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 pro- vide a uniform retirement system for the benefit of police officers as hereinafter defined. Therefore: There is hereby created a special fund to be known as the police officers' retirement fund, exclus- ively for the purposes provided in this act, in each incorporated city or town of this state, heretofore or hereafter created, which now has or which may hereafter have a regularly organized police department, and which now owns and uses or which may here- after own and use equipment and apparatus of a value exceeding five hundred dollars in serviceable condition, for the prevention of crime and for the preservation of life and property, and which city or town does not presently have established by law a similar fund. Section lb. Actuarial deficits, if any, arising under this act shall not be the obligation of the State of Florida. 1 Section 2. In each municipality described in Section 1 of this act,, there is hereby created a board of trustees of the police offi- cers' retirement fund. The board of trustees shall consist of the mayor, or corresponding officer when the municipality does not have a mayor, the chief of the police department, and a regularly employed policeman of the municipality to be chosen by the leg- islative body of the municipality from among those recommended by a majority of the regularly employed policemen of the mu- nicipality. The mayor, or corresponding officer, and the chief of the police department shall serve as long as they shall con- tinue to hold office as mayor or chief respectively. Upon a va- cancy in the office of mayor or chief, their respective successors shall succeed to the position of trustees. The policeman trustee shall serve for a period of two years, unless he sooner leaves the employment of the municipality as a policeman, whereupon the legislative body of the municipality shall choose his successor as hereinbefore provided. The mayor shall be the chairman of the board and the chief shall be the secretary of the board and shall keep a complete minute book of the proceedings of the board. The trustees shall not receive any compensation as such. Section 3. The board of trustees may: (1) Invest in interest bearing United States bonds the surplus of the police officers' retirement fund. Any accretion to the fund shall become part of the fund, and the city treasurer or depository shall keep such bonds. (2) Issue drafts upon the police officers' retirement fund pur- suant to this act and rules and regulations prescribed by the board of trustees. All such drafts shall be consecutively numbered, and be signed by the chairman and secretary and shall state upon their face the purposes for which the drafts are drawn. The city treasurer or other depository shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall otherwise be drawn from the fund. (3) Finally decide all claims to relief under the board's rules and regulations and pursuant to the provisions of this act. (4) Convert into cash any securities of the fund. 2 (5) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings. Section 4. The police officers' retirement fund in each munici- pality described in Section 1 shall be created and maintained in the following manner: (1) By the net proceeds of the one per cent excise or license tai which may be imposed by the respective cities and towns upon certain casualty insurance companies on their gross receipts of premiums from holders of policies which policies cover property within the corporate limits of such municipalities as is herein- after expressly authorized. (2) By five per cent of the salary of each full time policeman duly appointed and enrolled as a member of such police depart- ment, which shall be deducted by the municipality and paid over to the board of trustees of the respective municipalities wherein such policeman is employed. No policeman or volunteer policeman shall have any right to said money so paid into said fund except as provided in this chapter. (3) By all fines and forfeitures imposed and collected from any policeman because of the violation of any rule and regula- tion promulgated by the board of trustees. (4) By all sums derived by direct millage assessment in cities and towns now or hereafter levied under laws authorizing or which may hereafter authorize the levying and collecting of a special tax for the augmenting of such police officers' retirement fund. (5) By all gifts, bequests and devises when donated for the fund. (6) By all accretions to the fund by way of interest on bank deposits or otherwise. (7) By all other sources of income now or hereafter authorized by law for the augmentation of such police officers' retirement fund. Section 5. Each incorporated city or town in this state de- scribed and classified in section 1 of this act, as well as each other city or town of this state which at the time this act becomes ef- fective, has a lawfully established police officers' retirement fund or city fund providing pension or relief benefits to policemen by 3 whatever name known, may assess and impose on every insurance company, corporation or other insurer now engaged in or carrying on, or who shall hereafter engage in or carry on the business of casualty insuring as shown by the records of the state treasurer in his capacity as state insurance commissioner, an excise or license tax in addition to any lawful license or excise tax now levied by each of the said towns respectively, amounting to one per cent of the gross amount of receipts of premiums from policy holders on all premiums collected on casualty insurance policies covering property within the corporate limits of such municipalities, re- spectively. Said excise or license tax shall be payable annually on the first day of March of each year after the passing of an ordinance assessing and imposing the tax herein authorized. Every insurance company, corporation or other insurer paying such tax shall receive credit for the amount thereof, when paid, on the amount payable by such insurer to the State of Florida for the similar state excise tax now imposed by other provisions of law; provided, however, that this act shall not be construed to require the payment of an excise tax by an insurance company that does not now pay such tax. Section 6. Whenever any city or town shall pass an ordinance assessing and imposing the tax authorized in section 1 of this act, a certified copy of such ordinance shall be deposited with both the comptroller and the treasurer of the State of Florida and thereafter every insurance company, corporation or other insurer carrying on the business of casualty insuring on or before the succeeding first day of March after date of the passage of said ordinance shall report fully in writing to the comptroller and to the treasurer, as insurance commissioner, a just and true account of all premiums received by such insurer for casualty insurance policies covering or insuring any property located within the corporate limits of such municipality during the period of time elapsing between the date of the passage of said ordinance and the succeeding first day of March. The aforesaid insurer shall annually thereafter, on the first day of March, file with the same officers, a similar report covering the preceding year's premium receipts. Every such in- surer shall, at the time of making such report, pay to the state treasurer the amount of the tax heretofore mentioned. Also, at the same time, a report shall be furnished by the insurer to each city or town affected. Every insurer engaged in carrying on a 4 general casualty insurance business in the State of Florida, as shown by the records of the state treasurer as insurance commis- sioner, shall keep accurate books of account of all such business done by it within the limits of such incorporated municipality in such a manner as to be able to comply with the provisions of this act. Section 7. The treasurer of the state shall keep a separate account of all moneys collected for each city and town under the provisions of this act and any and all moneys so collected, after deducting the necessary expense incurred by the treasurer as in- surance commissioner of the state, in carrying out the provisions of this act, shall be paid into the state treasury in a special fund known as the "municipal police officers' retirement fund" which said special fund is hereby created for the reception of the same. The comptroller shall annually, on the 10th day of March, draw his warrant on the state treasurer for the full net amount of money then within the state treasury in the "municipal police officers' retirement fund" specifying the cities or towns to which said moneys shall be paid and the net amount collected for and to be paid to each city or town, respectively, which said sums payable to said cities or towns are hereby appropriated annually out of the "municipal police officers' retirement fund." Said warrants of said comptroller shall be countersigned by the governor and shall be payable to the cities or towns, respectively entitled to receive the same, and shall be remitted annually by the comptroller to such cities and towns. Section 8. All funds received by any city or town., under the provisions of this chapter, shall be by said town paid immediately into its municipal police officers' retirement fund or into its pension fund for policemen, where such latter fund exists. Section 9. The tax herein authorized shall in no wise be addi- tional to the similar state excise or license tax imposed by § § 205.43- 205.45, but the payer of the tax hereby authorized shall receive credit therefor on his said state excise or license tax and the bal- ance of said state excise or license tax shall be paid to the state treasurer as is now provided by law. Section 10. Should any insurance company, corporation or other insurer fail to comply with the provisions of this chapter, on or before the first day of March in each year as herein provided, the certificate of authority issued to said insurance company, corpora - 5 tion or other insurer to transact business in this state may be can- celed and revoked by the state treasurer, and it is unlawful for any such insurance company, corporation or other insurer to transact any business thereafter in this state unless such insurance company, corporation or other insurer shall be granted a new certificate of authority to transact business in this state, in com- pliance with provisions of law authorizing such certificate of author- ity to be issued. Section 11. The following words and phrases as used in this act shall have the following meanings, unless a different meaning is plainly required by the context: (1) "Police officer" means full-time police officers who receive compensation from municipal funds of any incorporated munici- pality of the state for services rendered. (2) "Average final compensation" means the average cash com- pensation of a police officer during his last ten (10) years of service. (3) "Salary" means the total cash remuneration paid to a police officer for services rendered. (4) In determining the aggregate number of years of service of any police officer, the time spent in the military service of the United States or United States Merchant Marines or by the police officer on leave of absence for such reason shall be added to the years of service. (5) Otherwise aggregate number of years of service means the total number of years, and fractional parts of years, of service of any police officer, omitting intervening years and fractional parts of years, when such police officer may not be employed by the municipality, provided, however, that in no event shall credit be given for years in service in excess of thirty (30) years for purposes of calculating retirement compensation. Section 12. From and after the date this act shall become effec- tive the municipal officer or board paying salaries to police officers entitled to the benefit of this act, shall deduct five (5) per cent from each installment of salary of each police officer so long as such police officer shall hold office, or be employed. Said amount so deducted shall be deposited in a special fund hereby established in the municipal treasury, to be known as the police officers' retire - 6 ment fund, provided, however, that no deductions shall be made from the salary of any officer or employee for a period of more than-thirty (30) years. And provided further, however, that any police officer who does not desire to accept the provisions of this act, shall within six (6) months after it becomes effective, notify the officer or board paying the salary of such police officer, in writing, to that effect and thereupon it shall be the duty of the board of trustees to refund from the police officers' retirement fund the full amount, without interest, withheld from such police officer's rsalary and deposited in such fund. Thenceforward no withholding shall be made from such salary and all police officers who have given such notice shall be barred from participating in the retire- ment system. Section 13. Any person who enters the employment of any in- corporated municipality of the state as a police officer after this law becomes effective and who does not desire to accept the pro- visions of this act shall, within six (6) months after employment, notify the officer or board paying the salary of such police officer, in writing, to that effect. Thereupon it shall be the duty of the board of trustees to refund from the police officers' retirement fund the full amount, without interest, withheld from such police officers' salary and deposited in such fund. Thenceforward no withholding shall be made from such salary and all police officers who have given such notice shall be barred from participating in the retirement system. Section 14. There shall be two retirement classifications for all police officers participating herein as hereafter provided in this section. (1) Any police officer who has attained the age of sixty (60) years or more and who at such time is a police officer of any incorporated municipality of the state, and who has been in such service for at least ten (10) years in the aggregate within the con- templation of this act and who has made or makes contributions to the police officers' retirement fund for five (5) or more years as prescribed in this act, or (2) Any police officer, regardless of age, who has thirty (30) years or more in the service of any incorporated municipality of the state in the aggregate within the contemplation of this act, and who at such time is a police officer of any incorporated municipality 7 of the state, and has made or makes contributions to any police officers' retirement fund or equivalent for the last ten (10) years or more as prescribed by this act, may voluntarily retire from office or employment and be entitled to receive retirement com- pensation the amount of which shall be two (2) per cent for each year of service rendered, based upon the average final compensa- tion, payable in equal monthly installments, upon his own requi- sition. Section 15. Any police officer who at the time of the effective date of this act is eligible for retirement or shall become eligible within five (5) years from such date may pay into the police officers' retirement fund of a participating municipality a sum of money which together with the contributions he has already made will equal the amount of contributions he would have made had contributions been made regularly over a period of five (5) years and thereupon shall be entitled to receive retirement compensation as provided for herein. Any police officer who shall become eligible for retirement more than five (5) years after the effective date of this act and who has made regular contributions to a police officers' retirement fund as herein provided shall be entitled to receive retirement compensation as provided for herein, provided that re- tirement compensation shall not exceed one (1) per cent for each year of service rendered, based upon the average final compensation payable in equal monthly installments for those years of service credited for which no contribution was made by the police officer. Section 16. Whenever any police officer of any 'incorporated municipality of the state has served as such officer for ten (10) years continuously, and who is regularly contributing to a police officers' retirement fund and shall, while holding such office or employment, become permanently and totally disabled, physically or mentally, or both, from rendering useful and efficient service as such police officer, such police officer may retire from his office or employment, and upon such retirement he shall be paid, so long as his permanent and total disability continue, on his own monthly requisition, from the police officers' retirement fund herein established, retirement compensation as provided in this act, by the board of trustees of the said police officers' retirement fund. No police officer shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or sur- geon, or board of physicians and surgeons, to be selected by the 8 governor for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any police officer re- tiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the governor for that purpose, to determine if such total disability has ceased to exist. Then such police officer shall forthwith cease to be paid benefits under this section. Section 17. Should any police officer leave the service of any ,incorporated municipality of the state before accumulating aggre- gate time of ten (10) years toward retirement and before eligible to retire under the provisions of this act, such police officer shall be entitled to a refund of one hundred (100) per cent of his con- tributions made to the police officers' retirement fund without interest. Should any police officer leave the service of a municipality after accumulating aggregate time of ten (10) years or more toward retirement but before being eligible to retire under the provisions of this act, such police officer shall be entitled to a refund of one- half of his contributions made to the retirement fund, without in- terest, provided, however, should any police officer who has been in the service of any incorporated municipality of the state for at least ten (10) years, elect to leave the accrued contributions in the police officers' retirement fund such police officer may retire at the age of sixty (60) as provided in this act, provided, however, such police officer shall make or shall have made contributions as provided by this act. No police officer who has received retirement benefits under this act shall be entitled to a refund. a Section 18. Any police officer whose employment is for any reason severed may leave the accrued contributions in the retire- ment fund pending possible reemployment by any incorporated municipality of the state, in which event the previous years, and fractional parts of years, of employment shall be added to his sub- sequent years of employment in computing the aggregate number of years of service. Otherwise, such police officer shall be treated as those persons who enter employment for the first time under the provisions of this act. Section 19. Should any police officer die before being eligible to retire under the provisions of this act, the heirs, legatees, benefi- ciaries or personal representatives of such deceased police officer shall be entitled to a refund of one hundred (100) per cent, without 9 interest, of the contributions made to the police officers' retirement fund by such deceased police officer. Any police officer may file, in -writing, a designation of beneficiary and it shall be the duty of the board of trustees to pay the refund provided for herein to such designated beneficiary. The police officer shall have the privilege of changing, in writing, the designated beneficiary at any time. If the deceased police officer has received any benefits under this act, no refund shall be made. Section 20. The state treasurer shall annually make or cause to be made a study of ages, length of service, contributions of par- ticipating police officers, anticipated receipts, anticipated expendi- tures and others factors necessary to determine what percentum per year can be paid to retired police officers from the contribu- tions and appropriations herein provided for each municipality. From such study shall be determined what percentum per year of service can be paid to retired police officers and all retirement compensation shall be paid on the percentum per year of service as determined by the said state treasurer from such annual study, provided further that the percentum per year of service shall not exceed two (2) per cent. The state treasurer shall make such rules and regulations as are necessary for the effective administration of this act. There is hereby annually appropriated to the state treasurer from the moneys collected for each city and town under this act the amount necessary to administer efficiently the pro- visions of this act, not to exceed thirty thousand dollars ($30,000) per annum. Section 21. The pensions, annuities, or any other benefits ac- crued or accruing to any person under the provisions of this chapter and the accumulated contributions and the cash securities in the funds created under this chapter are hereby exempted from any state, county or municipal tax of the state and shall not be subject to execution or attachment or to any legal process whatsoever and shall be unassignable. Section 22. Any person accepting or receiving the benefit of retirement compensation under this act shall not be employed in any capacity by the state or any political subdivision, department, branch or agency thereof, or any incorporated municipality in the state. Any person accepting or enjoying the benefits of retirement compensation under this act who accepts such employment shall 10 forfeit all the benefits of this act and the board of trustees shall forthwith strike such person's name from the retirement compen- sation roll and refuse to honor any requisition for retirement com- pensation made by such person. Section 23. The secretary of the board of trustees shall keep a record of all persons enjoying a pension under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the same shall cease to be paid. And in this book the secretary shall keep a record of all policemen employed by the municipality and a record shall be kept in such manner as to show the name, address and time of employment of such police- men and when such policemen cease to be employed by the munici- pality. Section 24. The chief of police of each municipality in this state described in section 1 of this act, shall promptly report to the state treasurer as insurance commissioner, the fact that the municipality, of which he is the chief of the police department, is within the provisions of section 1 of this act. If any such police department shall at any time cease to be within the provisions of section 1, of the police department, and if there be no chief of the police de- partment, the mayor or corresponding officer of the municipality, shall report such fact to the state treasurer as insurance commis- sioner. The state treasurer as insurance commissioner shall satisfy himself that any municipality reported to be within the provisions of section 1, is in fact within its provisions. Section 25. The city attorney or corporation counsel shall give advice to said board of trustees in all matters pertaining to their duties in the administration of said police officers' retirement fund whenever thereunto requested; and he shall represent and defend said board as its attorney in all suits and actions at law or in equity that may be brought against it, and bring all suits and actions in its behalf that may be required or determined upon by said board; provided, however, that if the city attorney should fail or refuse to comply with the request of the board of trustees in this relation, the said board of trustees in their discretion may employ inde- pendent legal counsel for such purpose. Section 26. All funds and securities of the police officers' re- tirement fund shall be deposited with the city treasurer or deposi- 11 tory of the city, who shall keep the same in a separate fund, and he shall be liable for the safekeeping of the same, under the bond gigen by him to the city, and he shall be liable in the same manner and to the same extent as he is liable for the safekeeping of the funds of the city. Section 27. In the enforcement and in the interpretation of the provisions of this chapter, each municipality shall be independent of any other municipality and the board of trustees of the police officers' retirement fund of each municipality shall function for the municipality which they are to serve as trustees. Section 28. This act shall not apply to any person who is or may become eligible to become a member of any other retirement system provided for by law, or of any retirement system provided for by any ordinance of any incorporated municipality of the state, nor shall this act, nor any provisions thereof, be construed as lim- iting, modifying or enlarging any ordinance of any incorporated municipality of the state, provided, however, this act shall apply to persons eligible for but who are not members of the retirement system provided for in chapter 182, Florida Statutes provided further that nothing in this act shall be construed to bar cities that have adopted the social security plan advanced by the federal government. Section 29. This act shall not operate to repeal any section of chapter 175 or 132 or sections 25.12, 38.14-38.19, 112.05, 238.01-23816, Florida Statutes, nor any retirement acts enacted during the pres- ent session of the legislature, nor to affect the rights of any person enjoying the benefits or entitled to enjoy the benefits of such sec- tions or acts. Section 30. Nothing in this chapter shall be construed to repeal or amend any general or special law heretofore passed pertaining to policemen's pensions or pension funds for policemen. Section 31. This act shall become effective on July 31, 1953. Became a law without the Governor's approval. Filed in Office Secretary of State June 15, 1953. 12 STATE OF FLORIDA COUNTY OF DADE I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1075, entitled: "AN ORDINANCE ASSESSING AND IMPOSING ON EVERY INSURANCE COMPANY, CORPORATION OR OTHER INSURER NOW ENGAGED IN OR CARRYING ON, OR WHO SHALL HEREAFTER ENGAGE IN OR CARRY ON THE BUSINESS OF CASUALTY INSURING AS SHOWN BY THE RECORD OF THE STATE TREASURER IN HIS CAPACITY AS STATE INSURANCE COMMISSIONER, AN EXCISE OR LICENSE TAX IN ADDITION TO ANY LAWFUL LICENSE OR EXCISE TAX NOW LEVIED BY THE CITY OF MIAMI BEACH, AMOUNTING TO ONE (1%) PER CENT OF THE GROSS AMOUNT OF RECEIPT OF PREMIUMS FROM POLICY -HOLDERS ON ALL PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BEACH, FLORIDA", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 19th day of August, 1953, and that said Ordinance remained posted for a period of at least thirty days in accordance with the require- ments of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 7th day of October, A. D. 1953. C. W. M INSON, City Clerk By Deputy CityClerk ORIGINAL ORDINANCE NO. 1075 -I -p o a) a) S; o a) o cd o i r1 o i 0) cd X S FiO •r1 cd 2 •,1 1%-a 4-1 a) 0 o cd U 4-) 0) •ri �Ocd 0)0 • U •ri (1.) LI] V] •r1 o 0) o Q)