The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 185
MUNICIPAL POLICE PENSIONS

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F.S. 185.01

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.

F.S. 185.01 on Google Scholar

F.S. 185.01 on Casetext

Amendments to 185.01

Arrestable Offenses / Crimes under Fla. Stat. 185.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 185.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CAVINESS, v. COMMISSIONER OF SOCIAL SECURITY,, 681 F. App'x 453 (6th Cir. 2017)

. . . Relying on the cost-of-living provision, Caviness requested a rate of $185.01 per hour for 89 hours of . . . Caviness arrived at the $185.01 per hour rate by applying the rate of inflation for Midwest urban areas . . . therefore correctly determined that Caviness was not automatically entitled to an attorney fee rate of $185.01 . . . court did not adequately explain its decision to award fees at a rate of $125 per hour, as opposed to $185.01 . . .

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)

. . . created by special act of the legislature or by municipal ordinance); see also §§ 175.021, et seq, 185.01 . . .

CITY OF ST. PETERSBURG St. v. REMIA,, 41 So. 3d 322 (Fla. Dist. Ct. App. 2010)

. . . Any such agreement, however, seems contrary to the legislative intent and public policy of section 185.01 . . . concurrently makes provision for the funding of the increase in benefits on a sound actuarial basis. . 185.01 . . .

In D. WHEAT S. S. XXX- XX- XXXX, 149 B.R. 1003 (Bankr. S.D. Fla. 1992)

. . . . § 185.01 (“Legislative declaration”) (emphasis added). . . .

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)

. . . Similar language was added by section 1, ch. 86-42, to section 185.01 regarding police officers’ trust . . .

COUNTY OF SARASOTA, a v. L. BURDETTE, U Em, s, 524 So. 2d 1064 (Fla. Dist. Ct. App. 1988)

. . . $1,440.79, should be evenly divided between the two parcels with a resulting credit to the County of $185.01 . . .

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

. . . See also Section 185.01, as amended by Section 1, Chapter 86-42, Laws of Florida. . . . 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 . . .

BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF CINCINNATI, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE,, 655 F. Supp. 1504 (S.D. Ohio 1986)

. . . . §§ 185.01 et seq. Board of Education of the City School District of the City of Cincinnati v. . . . and the administrative guidelines adopted by the Office of Education pursuant to the Act, 45 C.F.R. § 185.01 . . .

A. M. SEAMON v. UPHAM,, 536 F. Supp. 931 (E.D. Tex. 1982)

. . . .-04, 181.05,181.06,181.15,182.01,182.02, 183, 184.01, 184.02, 184.03, 185.01, 186, 187, 188.-01, 188.02 . . .

REED v. A. RHODES, 472 F. Supp. 615 (N.D. Ohio 1979)

. . . The definition is contained in Subpart k, section 185.01 which provides as follows: “ ‘Magnet school’ . . .

BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK v. CALIFANO, Jr., 464 F. Supp. 1114 (E.D.N.Y. 1979)

. . . . § 185.01 et seq., 38 Fed.Reg. 3452 (Feb. 6, 1973). . . .

CITY OF HOLLYWOOD E. v. HOLLYWOOD LODGE FRATERNAL ORDER OF POLICE,, 329 So. 2d 366 (Fla. Dist. Ct. App. 1976)

. . . “in violation of the legislative mandate as expressed in Section 185.01, Florida Statutes, and as interpreted . . . using the Chapter 185 tax receipts “in violation of the legislative mandate as expressed in Section 185.01 . . .

BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF CINCINNATI v. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, REGION, 396 F. Supp. 203 (S.D. Ohio 1975)

. . . itself and the administrative guidelines adopted by the Office of Education pursuant to the Act. 45 CFR 185.01 . . . with 20 U.S.C. § 1605(a), (c), (d) and (1), and with the regulations which implement the Act, 45 CFR 185.01 . . .

E. HEADLEY, A. M. D. F. M. E. v. W. H. SHARPE,, 138 So. 2d 536 (Fla. Dist. Ct. App. 1962)

. . . life and property, and that their activities are vital to public welfare of this State, pursuant to § 185.01 . . .

v., 9 T.C. 1077 (T.C. 1947)

. . . Section 185.01 of-that chapter provides: In this chapter, unless the text or subject matter otherwise . . . has it ever limited the amount of its dividends payable to its stockholders as provided in section 185.01 . . .

In WISCONSIN CO- OPERATIVE MILK POOL. FIRST WISCONSIN NAT. BANK OF MILWAUKEE v. WISCONSIN CO- OPERATIVE MILK POOL, 119 F.2d 999 (7th Cir. 1941)

. . . Revised Statutes of Wisconsin, Section 185.01 to 185.23. . . .

In WISCONSIN CO- OPERATIVE MILK POOL, 35 F. Supp. 787 (E.D. Wis. 1940)

. . . Sec. 185.01, Wisconsin Statutes. Sec. 185.081, Wisconsin Statutes. Sec. 94.15, Wisconsin Statutes. . . .