1998 Florida Code
TITLE XII MUNICIPALITIES
Chapter 185 Municipal Police Officers' Retirement Trust Funds  
185.02   Definitions.

185.02  Definitions.--The following words and phrases as used in this chapter shall have the following meanings, unless a different meaning is plainly required by the context:

(1)(a)  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 Marine by the police officer on leave of absence for such reason shall be added to the years of service, provided, however, that to receive credit for such service the police officer must have reentered the municipality's police service within 1 year of date of release from service.

(b)  Otherwise, "aggregate number of years of service with the municipality" 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that no police officer will receive credit for years or fractional parts of years of service for which the officer has withdrawn his or her contributions to the fund for those years or fractional parts of years of service; and provided further that no credit will be given for service after the normal retirement date. Further providing that a police officer may voluntarily leave his or her contributions in the fund for a period of 5 years after leaving the employ of the police department, pending the possibility of being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. Should the person not be reemployed as a police officer, with the same department, within 5 years, his or her contributions shall be returned to him or her without interest.

(2)  "Average final compensation" means one-twelfth of the average annual compensation of the 5 best years of the last 10 years of creditable service prior to retirement, termination, or death.

(3)  "Casualty insurance" means automobile public liability and property damage insurance to be applied at the place of residence of the owner, or if the subject is a commercial vehicle, to be applied at the place of business of the owner; automobile collision insurance; fidelity bonds; burglary and theft insurance; plate glass insurance.

(4)  "Division" means the Division of Retirement.

(5)  "Enrolled actuary" means an actuary who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries.

(6)  "Multiple peril" means a combination or package policy which includes both property coverage and casualty coverage for a single premium.

(7)  "Police officer" means any person who is elected, appointed, or employed full time by any municipality, who is certified or required to be certified as a law enforcement officer in compliance with s. 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers, but does not include part-time law enforcement officers or auxiliary law enforcement officers as the same are defined in s. 943.10(6) and (8), respectively. For the purposes of this chapter only, "police officer" also shall include a public safety officer who is responsible for performing both police and fire services.

(8)  "Salary" means the total cash remuneration paid to a police officer for services rendered.

History.--s. 11, ch. 28230, 1953; s. 1, ch. 29825, 1955; s. 1, ch. 59-320; s. 1, ch. 61-85; s. 7, ch. 79-380; s. 2, ch. 79-388; s. 2, ch. 86-42; s. 43, ch. 91-45; s. 40, ch. 93-193; s. 939, ch. 95-147; s. 14, ch. 95-154.