The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 175
FIREFIGHTER PENSIONS

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F.S. 175.021

175.021 Legislative declaration.—

(1) It is hereby declared by the Legislature that firefighters perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to protect property at their own risk and peril; that it is their duty to prevent conflagration and to continuously instruct school personnel, public officials, and private citizens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in s. 252.34; and that their activities are vital to the public safety. It is further declared that firefighters employed by special fire control districts serve under the same circumstances and perform the same duties as firefighters employed by municipalities and should therefore be entitled to the benefits available under this chapter. Therefore, the Legislature declares that it is a proper and legitimate state purpose to provide a uniform retirement system for the benefit of firefighters and intends, in implementing the provisions of s. 14, Art. X of the State Constitution as they relate to municipal and special district firefighters’ pension 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 the firefighters’ pension trust funds. Pursuant to s. 18, Art. VII of the State Constitution, the Legislature hereby determines and declares that this act fulfills an important state interest.

(2) This chapter hereby establishes, for all municipal and special district pension plans existing 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 firefighters’ pension 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. 175.121. Minimum benefits and minimum standards for each plan may not be diminished by local charter, ordinance, or resolution or by special act of the Legislature and may not be reduced or offset by any other local, state, or federal law that includes firefighters in its operation, except as provided under s. 112.65.

History.—s. 1, ch. 63-249; s. 1, ch. 79-380; s. 7, ch. 83-334; s. 1, ch. 86-41; s. 12, ch. 93-193; s. 1, ch. 99-1; s. 65, ch. 99-2; s. 58, ch. 2011-142; s. 1, ch. 2015-39.

F.S. 175.021 on Google Scholar

F.S. 175.021 on Casetext

Amendments to 175.021

Arrestable Offenses / Crimes under Fla. Stat. 175.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ARTZ ARTZ, Jr. Jr. Jr. Sr. A. v. CITY OF TAMPA, a Of Of In Of Of, 102 So. 3d 747 (Fla. Dist. Ct. App. 2012)

. . . Tampa’s, as plans created by special act of the legislature or by municipal ordinance); see also §§ 175.021 . . .

KILPATRICK, v. SKLAR,, 548 So. 2d 215 (Fla. 1989)

. . . See, e.g., §§ 175.021, 185.01, 321.15, 440.091, Fla.Stat. (1987). . . .

FLORIDA LEAGUE OF CITIES, INC. St. v. DEPARTMENT OF INSURANCE AND TREASURER, 540 So. 2d 850 (Fla. Dist. Ct. App. 1989)

. . . intent has been further clarified by the following language in section 1, ch. 86-41, amending section 175.021 . . . , quoted above. § 175.021, Fla. . . . (R. 514) The hearing officer concluded that the Department’s construction of section 175.021 had not . . . The Department and the hearing officer rely upon the Department’s construction of section 175.021 as . . . The Department defends this rule on the basis of its broad interpretation of amended section 175.021 . . .

FLORIDA LEAGUE OF CITIES, v. DEPARTMENT OF INSURANCE AND TREASURER,, 25 Fla. Supp. 2d 221 (Fla. Div. Admin. Hearings 1987)

. . . carrying out this responsibility, the Department argues persuasively that it was guided by Section 175.021 . . . when it purports to apply certain proposed rules to local law plans based upon its reliance on Section 175.021 . . . See Sections 175.021 and 185.01, Florida Statutes (1986 Supplement). . . . The Department’s construction of Sections 175.021 and 185.01, as amended, has not been shown to be unreasonable . . . 175.352 is not the only statutory provision applicable to local law funds, as is made clear by Section 175.021 . . .

A. MELTON, v. GUNTER,, 773 F.2d 1548 (11th Cir. 1985)

. . . As the Florida Legislature stated: 175.021. . . . FLA.STAT.ANN. § 175.021 (West 1984). . See note 17, supra. . . . .