HomeMy WebLinkAboutDocumentation_Pension Public Safety_Tab 06_08/07/2006Gwen Carlisle
From: Bonni S. Jensen [bsjensen@hpjlaw com)
'ent: Wednesday, July 26, 2006 10:03 AM
~~ Gwen Carlisle; Ed Sabin; Ray Giblin
Cc: Joann Forsythe; Karen Amenita
Subject: Jupiter Inlet Colony - 175 Levying Ordinance
I just finished my call with Bill Doney. He indicated that he will be
presenting this matter to the Tcwn at some future meeting. He indicated
that he had the materials that he needed and he would be asking the Town
if they were interested ir. doing an ordinance.
It sounds as if this matter is r,ot moving forward with any speed. He
did not commit to which meeting he wou~d be presenting the information.
I told him if he needed further information he should be back in touch
with the Board or me.
If you have any questions, please do not hesitate to contact me.
Bonni S. Jensen <bsjensen@hpjlaw.com>
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401
Telephone: (561)686-6550
Facsimile: (561)686-2802
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be used by a taxpayer for the purpose of avoiding penalties that may be imposed
by law.
1
VILLAGE OF TEQUESTA
Post Office Box 3273 250 Tequesta Drive, Suite 300
Tequesta, Florida 33469-0273 (561) 575-6200
Fax: (56l) 575-6203
May 23, 2006
Ms. Joann Manganiello, Town Clerk
Town of Jupiter Inlet Colony
I Colony Road
Jupiter Inlet Colony, Fl 33469-3507
Re: Tequesta Public Safety Pension Fund: House Bill 1159, Chapter 175 Money
Dear Ms. Manganiello: .
Enclosed are copies of the Village of Tequesta's Ordinance 598, and the current
Summary Plan Document for the Public Safety Officers Pension Fund. These documents
are being submitted to the Town of Jupiter Inlet Colony for review and consideration by
your Town Council regarding House Bill 1159.
The Village Council of the Village of Tequesta agreed to send a letter to each Council
Member asking that Jupiter Inlet Colony consider this item on your next meeting agenda
(enclosed). Please call me with the date and time of the Council meeting when this
would be discussed, so the Village could have a representative present.
If you have any questions regarding this matter, please do not hesitate to contact me at
(561)575-6244.
Sincerely,
~'
Gwen Carlisle, CMC
Village Clerk
Enclosures: Ord 598
Public Safety Officers Pension Board Summary Plan
Letter to Jupiter Inlet Colony Mayor and Council Members
Two (2) Letters from Ms. Bonni Jensen, Board Attorney, Hanson Perry
and Jensen to: 1) William Doney dated May 18, 2006, and 2) Ms. Joann
Manganiello, dated September 12, 2005.
Kecycled PaFxr
HANSON, PERRY ~ JENSEN, P.A.
4OO EXECUTIVE CENTER DRIVE, SUITE 2O7 -WEST PALM BEACH, FLORIDA 33401-2922
JILL HANSON*
~(hanson ~ hpJlaw.com TELEPHONE
FACSInmLE
,NN H. PERRY
aperry ®hpJlaw.com
BONNI SPATARA JENSEN
bsjensen®hpjlaw.com j
May 18, 2006 `%~.
'n~so Awarrreo tt~ N.Y.
William P. Doney, Esquire
1665 Palm Beach Lakes Boulevard, #610
West Palm Beach, Florida 33401-2106
(561)686-6550
(561)686-2802
'Y
Re: Village of Tequesta Public Safety Employees
Pension Fund
Chapter 175 Money
Our File No.: 1011.0080
Dear Mr. Doney:
This office represents the Village of Tequesta Public Safety Employees Pension
Fund. As a follow up to my earlier correspondence dated September 12, 2005 (a copy of
which is enclosed), below is a discussion of the tax provided for under Florida Statutes
§175.101 as an existing tax already paid by insurance companies not an additional tax.
Under Florida Statutes Chapter 624, every authorized domestic, foreign and alien
insurerengaged in the business of entering into contracts of insurance orannuity in Florida
shall annually remit a tax on insurance premiums, premiums for title insurance, or
assessments and annuity premiums or considerations. This tax is reported on Form DR-
908 (copy enclosed). This is a tax on the insurer not on any individual policy holder.
The Schedules attached to DR-908 show the calculation of the taxes. Schedule I
is an accumulation of all of the taxes on the various types of insurance. Schedule II is the
taxes on annuity premiums and is included a line item on Schedule I.
Schedule III is the section which accounts for the credits against the tax. Several
specific credits are provided for in this section, including the credits for the Firefighters
Pension Trust Fund. As you can see, once the credit is taken, it is then individually
reported as an amount due.
The Ordinance "levying" the tax which would be passed by Jupiter Inlet Colony
creates a reporting requirement for the insurance companies. Jupiter Inlet Colony would
be assigned aMunicipality/Fire Control District Code number. This number and the name
of the municipality would be added to Schedule XII to DR-908. Insurance companies
~.J 13
William P. Dopey, Esquire
May 18, 2006
Page 2
writing policies within the municipal limits of Jupiter Inlet Colony would be responsible to
track the premiums under the Florida law. These amounts would be reported on DR-908
and the insurance companies would pay their taxes based upon these premiums. The
addresses within the municipal limits would be traced using the Communications Services
Tax database.
I hope that you find this material helpful. If you have any questions regarding this
information, please do not hesitate to contact me.
Sincerely yours,
L /~ ~
v / v~
Bonni S. Jensen
BSJ/ka
Encl.
Copy to: Chairman and Secretary
Gwen Carlisle, Pension Coordinator
Jodi Forsythe, Finance Director
H:1Tequesta PS 10111Chapter 1751Doney May 18.wpd
I~ANSON, PERRY ~ JENSEN, P.1~.
4DO EXECUTIVE CENTER DRIVE, SUITE 2O7 -WEST PALM BEACH, FLORIDA 33401-2922
JILL HANSON*
son ®hpjlaw.com
~ H. PERRY
aperry®hpJlaw.com
80NN! SPATARA JENSEN
bsjensen®hpjlaw.com
'n~so AoMlr~o w N.Y.
September 12, 2Q05
TELEPHONE (561)686-6550
FACSIMILE (561) 686-2802
Q~
G~
Joann Manganiello, Town Clerk
Town of Jupiter Inlet Colony
1 Colony Road
Jupiter Inlet Colony, Florida 33469-3507
Re
Dear Ms. Manganiello:
Tequesta Public Safety Pension Fund
House Bill 1159
This year the Florida Legislature passed House Bill 1159 which permits municipal
fire departments who provide all of the fire protection services to another municipality
through an interlocal agreement to collect the Florida Statute Chapter 175 premium tax
monies for the other municipality.
The Tequesta Fire Department provides all of the Fire services for the Town of
Jupiter Inlet Colony. HB 1159 makes the Tequesta Public Safety Pension Fund eligible
for the Florida Statute Chapter 175 excise tax that is already paid by your residents.
Currently, these funds are retained in Tallahassee for use by the State. The law is
effective October 1, 2005. Attached is a copy of the law. The pertinent provisions are on
page 6 at lines 143 through 157 and page 8 at line 215 through page 9 line 224.
Enclosed, for your consideration, is a draft of a municipal Ordinance which would
place a reporting requirement on the insurers selling insurance within the municipal limits
of Jupiter Inlet Colony. The insurers would report the excise taxes paid within Jupiter Inlet
Colony which could then be remitted to the Tequesta Public Safety Pension Fund to fund
retirement benefits for firefighters.
This ordinance does not affect your residents in any way. Residents already pay
the tax as a part of their current insurance premiums. This legislation allows the Town to
place a reporting requirement on the insurers within the municipal limits.
On behalf of the Pension Fund, I am requesting that the Town of Jupiter I nlet Colony
Joann Manganiello, Town Clerk
Town of Jupiter Inlet Colony
September 12, 2005
Page 2
enact the draft Ordinance into law.
If you have any questions, the Pension Fund would be happy to meet with you to
discuss this matter further. Please contact me to arrange a meeting.
Sincerely yours,
.~
-1]~_. ,`
~~~~ ~:
Bonni S. Jensen
Copy lo: Chairman and Secretary
Gwen Carlisle
Betty Laur
Chief James Weinand
BSJIka
H:\Tequesta PS 1011\Chapter 17511tr to Jupiter inlet colony.wpd