175.061 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney’s fees.—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) In each municipality and in each special fire control district there is hereby created a board of trustees of the firefighters’ pension trust fund, which shall be solely responsible for administering the trust fund. Effective October 1, 1986, and thereafter:
(a) The membership of the board of trustees for a chapter plan consists of five members, two of whom, unless otherwise prohibited by law, must be legal residents of the municipality or special fire control district and must be appointed by the governing body of the municipality or special fire control district, and two of whom must be full-time firefighters as defined in s. 175.032 who are elected by a majority of the active firefighters who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, allowed retired firefighters to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members as provided herein, and such person’s name shall be submitted to the governing body of the municipality or special fire control district. Upon receipt of the fifth person’s name, the governing body of the municipality or special fire control district shall, as a ministerial duty, appoint such person to the board of trustees. The fifth member shall have the same rights as each of the other four members, shall serve as trustee for a period of 2 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 2 years, unless sooner replaced by the governing body at whose pleasure he or she serves, and may succeed himself or herself as a trustee. Each firefighter member shall serve as trustee for a period of 2 years, unless he or she sooner leaves the employment of the municipality or special fire control district as a firefighter, whereupon a successor shall be chosen in the same manner as an original appointment. Each firefighter may succeed himself or herself in office. The terms of office of the appointed and elected members may be amended by municipal ordinance, special act of the Legislature, or resolution adopted by the governing body of the special fire control district to extend the terms from 2 years to 4 years. The length of the terms of office shall be the same for all board members.
(b) The membership of boards of trustees for local law plans shall be as follows:
1. If a municipality or special fire control district has a pension plan for firefighters only, the provisions of paragraph (a) apply.
2. If a municipality has a pension plan for firefighters and police officers, the provisions of paragraph (a) apply, except that one member of the board must be a firefighter and one member of the board must be a police officer as defined in s. 185.02, respectively elected by a majority of the active firefighters or police officers who are members of the plan.
3. A board of trustees operating a local law plan on July 1, 1999, which is combined with a plan for general employees shall hold an election of the firefighters, or firefighters and police officers, if included, to determine whether a plan is to be established for firefighters only, or for firefighters and police officers where included. Based on the election results, a new board shall be established as provided in subparagraph 1. or subparagraph 2., as appropriate. The municipality or fire control district shall enact an ordinance or resolution to implement the new board by October 1, 1999. The newly established board shall take whatever action is necessary to determine the amount of assets attributable to firefighters, or firefighters and police officers where included. Such assets include all employer, employee, and state contributions made by or on behalf of firefighters, or firefighters and police officers where included, and any investment income derived from such contributions. All such moneys shall be transferred into the newly established retirement plan, as directed by the board.
With respect to a board of trustees operating a local law plan on June 30, 1986, this paragraph does not permit the reduction of the membership percentage of firefighters, or of firefighters and police officers where a joint or mixed fund exists. However, for the sole purpose of changing municipal representation, a municipality may by ordinance change the municipal representation on the board of trustees operating a local law plan by ordinance, only if such change does not reduce the membership percentage of firefighters, or firefighters and police officers, or the membership percentage of the municipal representation.
(c) Whenever the active firefighter membership of a closed chapter plan or closed local law plan as provided in s. 175.371 falls below 10, an active firefighter member seat may be held by either a retired member or an active firefighter member of the plan who is elected by the active and retired members of the plan. If there are no active or retired firefighters remaining in the plan or capable of serving, the remaining board members may elect an individual to serve in the active firefighter seat. Upon receipt of such person’s name, the legislative body of the municipality or special fire control district shall, as a ministerial duty, appoint such person to the board of trustees. This paragraph applies only to those plans that are closed to new members under s. 175.371(2), and does not apply to any other municipality or fire control district having a chapter or local law plan.
(2) The trustees shall by a majority vote elect from their number a chair and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by Florida law.
(3) The board of trustees shall meet at least quarterly each year.
(4) Each board of trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description.
(5) In any judicial proceeding or administrative proceeding under chapter 120 brought under or pursuant to the provisions of this chapter, the prevailing party shall be entitled to recover the costs thereof, together with reasonable attorney’s fees.
(6) The provisions of this section may not be altered by a participating municipality or special fire control district operating a chapter plan or local law plan under this chapter.
(7) The board of trustees may, upon written request of the retiree of the plan, or by a dependent, if authorized by the retiree or the retiree’s beneficiary, authorize the plan administrator to withhold from the monthly retirement payment funds that are necessary to pay for the benefits being received through the governmental entity from which the employee retired, to pay the certified bargaining agent of the governmental entity, and to make any payments for child support or alimony. Upon the written request of the retiree of the plan, the board may also authorize the plan administrator to withhold from the retirement payment those funds necessary to pay for premiums for accident, health, and long-term care insurance for the retiree and the retiree’s spouse and dependents. A retirement plan does not incur liability for participation in this permissive program if its actions are taken in good faith.
(8)(a) The board of trustees shall:
1. Provide a detailed accounting report of its expenses for each fiscal year to the plan sponsor and the Department of Management Services and make the report available to each member of the plan and post the report on the board’s website, if the board has a website. The report must include all administrative expenses that, for purposes of this subsection, are expenses relating to any legal counsel, actuary, plan administrator, and all other consultants, and all travel and other expenses paid to or on behalf of the members of the board of trustees or anyone else on behalf of the plan.
2. Operate under an administrative expense budget for each fiscal year, provide a copy of the budget to the plan sponsor, and make available a copy of the budget to plan members before the beginning of the fiscal year. If the board of trustees amends the administrative expense budget, the board must provide a copy of the amended budget to the plan sponsor and make available a copy of the amended budget to plan members.
(b) Notwithstanding s. 175.351(2) and (3), a local law plan created by special act before May 27, 1939, must comply with the provisions of this subsection.
Cited 11 times | Published | Florida 1st District Court of Appeal | 1989 WL 15937
...nothing about making the minimum standards and procedures contained in other sections of chapter 175 pertaining to chapter plans applicable to such local law plans with but one exception: sections 175.351(15) and 175.351(16) expressly provided that section 175.061 would be applicable to local law plans in the described circumstances....
...policemen [local law plans]. (Emphasis added.) The Department's Answer Brief states, at page 21, that section 175.321, as it read during the period 1963-1986, *860 made the following sections of chapter 175 inapplicable to local law plans: sections 175.061, 175.071, 175.041, 175.091, 175.162, 175.181, 175.191, 175.251, 175.261, 175.291, and 175.301....
...9.020(b); see also Presidents' Council of SD, Inc. v. Walton County, 36 So.3d 764, 765 (Fla. 1st DCA 2010) (noting that the agency clerk was the person in charge of filing the agency's administrative orders even though her job title did not expressly identify her as the clerk); see generally § 175.061(2), Fla....
...s recent decision in Board of Trustees of City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker, 113 So.3d 64 (Fla. 2d DCA 2013). In Parker , the court held that the prevailing party attorney’s fees provision in section 175.061(5) and 185.05(5), Florida Statutes, did not apply to a local government pension fund established pursuant to special law. Appellant’s argument ignores the fact that entitlement was decided here in the direct appeal and that appellant failed to make any argument, before the trial court or this court, that sections 175.061 and 185.05(c) were not applicable in this case....
...2d DCA 2008) (holding that any potential issue pertaining to the final judgment for attorney’s fees and costs in favor was waived or abandoned by the appellant’s failure to make any argument on appeal regarding the issue)). In fact, appellant actually acquiesced to the entitlement of attorney’s fees pursuant to section 175.061. In particular, appellant requested this court, in the concluding paragraph of its initial brief on the direct appeal, to reverse and reward appellant attorney’s fees and costs pursuant to section 175.061(5). Additionally, in its reply brief, appellant also stated that it “does not dispute that Chapter 175 allows for the award of a reasonable fee.” As such, appellant affirmatively acquiesced to the entitlement of attorney’s fees pursuant to section 175.061....
...FIREFIGHTERS & POLICE OFFICERS IN THE CITY OF TAMPA,
Respondent.
[October 23, 2014]
PER CURIAM.
In this case, we consider whether the prevailing party attorney’s fees
provisions in sections 175.061(5) and 185.05(5), Florida Statutes (2004), apply to
lawsuits brought to obtain benefits under a firefighter and police officer pension
plan established by local law....
...fees were to be paid from the settlement proceeds. Bd. of Trustees, 113 So. 3d at
67-68. The Second District certified the following question on which it passed as
one of great public importance:
ARE THE PREVAILING PARTY ATTORNEY’S FEES
PROVISIONS OF SECTIONS 175.061(5) AND 185.05(5),
FLORIDA STATUTES, APPLICABLE TO JUDICIAL
PROCEEDINGS TO ENFORCE CLAIMS UNDER LOCAL LAW[]
PLANS OR SPECIAL ACTS?
Id....
...V, § 3(b)(4), Fla. Const.
We restate the certified question as follows because a firefighter or police
officer pension plan enacted by special act is a local law plan.
ARE THE PREVAILING PARTY ATTORNEY’S FEES
PROVISIONS OF SECTIONS 175.061(5) AND 185.05(5),
FLORIDA STATUTES, APPLICABLE TO JUDICIAL
PROCEEDINGS TO ENFORCE CLAIMS UNDER LOCAL
LAW PLANS?
For the reasons we explain, we answer the restated certified question in the
affirmative, quash the Second Dis...
... Although the pension plan at issue here is a local law plan created by special
act of the Legislature, that plan exists within and is subject to the framework for
local law plans established in chapters 175 and 185. The prevailing party
attorney’s fees provisions of sections 175.061(5) and 185.05(5) are an integral part
of that statutory framework.
Section 175.061, Florida Statutes (2004), provides with respect to firefighter
pensions:
For any municipality, special fire control district, chapter plan, local
law municipality, local law special fire control district, or local law...
...ize the establishment of local
law plans by local ordinance or by special act of the Legislature and provide that
such local law plans may not grant lesser pension benefits than the minimum
benefits required by chapters 175 and 185, respectively. Section 175.061(5) and
185.05(5) state that the prevailing party is entitled to attorney’s fees in “any
judicial proceeding . . . brought under or pursuant to the provisions of” chapters
175 and 185, respectively.
Section 175.061(6) and section 185.05(7) contain prohibitions on the
alteration of any of the general governance provisions in those statutory sections.
Among those provisions that are subject to the prohibition on alteration are the
prevailing party attorney’s fees provisions of sections 175.061(5) and 185.05(5).
Those fees provisions thus are integral to the overall framework established by the
Legislature. Sections 175.061(5) and 185.05(7) point to a legislative design to
ensure the availability of the prevailing party attorney’s fees.
-8-
Parker sued the Board when it failed to pay benefits under the plan’s 13th
Check Program....
...party and allow it to consider the claim in a decision on whether to proceed.” Id. at
377-78 (citing Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991)). Therefore,
Parker was not required to specify that he was seeking attorney’s fees under
sections 175.061(5) and 185.05(5), and his complaint pleaded a claim for
attorney’s fees with sufficient specificity.
III. CONCLUSION
We therefore conclude that Parker is entitled to prevailing party attorney’s
fees under sections 175.061(5) and 185.05(5)....
...required benefits under chapters 175 and 185, Florida Statutes (2004).
Accordingly, I dissent.
To reflect the facts presented by this case, I would rephrase the certified
question as follows:
ARE THE PREVAILING PARTY ATTORNEY’S FEES
PROVISIONS OF SECTIONS 175.061(5) AND 185.05(5),
FLORIDA STATUTES, APPLICABLE TO JUDICIAL
PROCEEDINGS TO ENFORCE CLAIMS FOR BENEFITS UNDER
A LOCAL LAW PLAN THAT ARE NOT REQUIRED BENEFITS
UNDER CHAPTERS 175 AND 185, FLORIDA STATUTES?
I would answer this rephrased question in the negative and approve the decision
reached by the Second District.
The prevailing party attorney’s fee provisions in section 175.061(5), Florida
Statutes (2004), and section 185.05(5), Florida Statutes (2004), cover only
proceedings “brought under or pursuant to the provisions of” chapters 175 and 185.
The claim at issue here—a claim exclusively based on t...
...attorney’s fees would be available in all proceedings brought regarding benefits
under firefighter and police officer pension plans. Instead, the Legislature adopted
- 12 -
the more narrowly focused fee provisions of sections 175.061(5) and 185.05(5)....
firefighter or police officer appointees pursuant to section 175.061 or section 185.05, Florida Statutes? (2) If
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