4407 FRS: Police & Fire Ordinance No. 2017-4407
An ordinance of the City of Sanford, Florida relating to membership
into the Florida Retirement System by City police officers (law
enforcement officers) and firefighters; providing for legislative
findings and intent; providing for definitions; providing for
implementing administrative actions such as the adoption of rules;
providing for a savings provision; providing for implementing
administrative actions; providing for a savings provision; providing
for conflicts; providing for severability; providing for codification as
well as the correction of scrivener's errors and providing for an
effective date.
Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent.
The City Commission of the City of Sanford finds and determines as follows:
(a). It is the policy and purpose of the City Commission of the City of Sanford,
Florida, to extend to the police officers (law enforcement officers) and firefighters of the
City of Sanford who are not excluded by law, the benefits of the Florida Retirement
System, on the basis of applicable controlling State laws and amendments thereto, and
rules and regulations, and to authorize and direct the City Manager, or designee, to
execute agreements thereto with the Florida Department of Management Services, for
coverage of the police officers (law enforcement officers) and firefighters.
(b). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth in this Ordinance.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
1 Page
Section 2. Florida Retirement System; Police officers (Law Enforcement
Officers) And Firefighters; Membership.
(a). All City police officers (law enforcement officers) and firefighters, except
those excluded by law, shall participate in the Florida Retirement System as authorized
by Chapter 121, Florida Statutes.
(b). All eligible police officers (law enforcement officers) and firefighters shall
be compulsory members of the Florida Retirement System as of the effective date of
participation in the Florida Retirement System stated in this Ordinance.
(c). The City Manager, or designee, is hereby authorized and directed to
execute any and all necessary agreements and amendments thereto with the
Administrator of the Florida Retirement System for the purpose of extending the
benefits provided by the Florida Retirement System to the police officers (law
enforcement officers) and firefighters of the City. The agreement shall provide for such
methods of administration of the plan by the City as are found by the Administrator of
the Florida Retirement System to be necessary. The agreement shall be effective with
respect to any employment covered by such agreement for services performed on and
after October 1, 2017.
(d). The City shall withhold from salaries, wages or other compensation of City
police officers (law enforcement officers) and firefighters for the purposes provided in
this Ordinance such amounts and at such times as may be required by applicable
controlling State laws or regulations and the amounts so withheld shall be paid over to
the Administrator of the Florida Retirement System as designated by said laws or
regulations to receive such amounts.
2 1 P a g e
(e). There shall be appropriated from available funds, derived from General
Fund revenues, such amounts and at such times as may be required to pay promptly
the contributions and assessments required of the City, as employer, by applicable
controlling State laws or regulations, which shall be paid over to the lawfully designated
Administrator of the Florida Retirement System at the times and in the manner provided
by applicable controlling laws and regulations.
(f). The City shall keep such records and make such reports as may be
required by applicable controlling State laws or regulations, and shall adhere to all laws
and regulations relating to the Florida Retirement System.
(g). The City hereby adopts the terms, conditions, requirements, reservations,
benefits, privileges, and other conditions thereunto appertaining, of the Florida
Retirement System, for and on behalf of all police officers (law enforcement officers)
and firefighters of its departments to be covered under the aforementioned agreement.
(h). The Finance Director of the City, under the direction of the City Manager,
is hereby designated the custodian of all sums withheld from the compensation of
police officers (law enforcement officers) and firefighters as authorized in this
Ordinance and of the appropriated funds for the City's contributions as provided in this
Ordinance. In addition, the Finance Director, under the direction of the City Manager, is
hereby designated the withholding and reporting agent and charged with the duty of
maintaining records for the purposes of this Ordinance. To that end, the Finance
Director shall withhold from salaries sums due or necessary as may be required by
applicable controlling State laws and amendments thereto, and rules and regulations
and pay over funds to comply with such applicable controlling State laws and
amendments thereto, and rules and regulations and make and distribute any and all
required reports and documents.
3 1 P a g e:
Section 3. Implementing administrative actions; adoption of
administrative rules.
The City Manager, or designee, shall have the power and authority to implement
the provisions of this Ordinance to include, but not be limited to, the adoption of
administrative rules.
Section 4. Savings.
The prior actions of the City of Sanford relating to retirement systems, as well as
any and all related matters pertaining thereto, are hereby ratified and affirmed.
Section 5. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. Whenever the requirements or provisions of this Ordinance are in conflict
with the requirements or provisions of any other lawfully adopted ordinance or
statute, the most restrictive requirements shall apply.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 7. Codification; scrivener's errors.
(a). The provisions of this Ordinance shall be codified; provided, however, that
the provisions of Sections 3, 4, 5, 6, 7 and 8 shall not be codified and the sections of
this Ordinance may be renumbered or relettered and that the word "Ordinance" may
be changed to "section", "article" or-some other appropriate word or phrase to
accomplish codification.
4 1 P a g e
(b). Regardless of whether this Ordinance is ever codified, the division and
provisions of this may be renumbered or relettered.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected without the need for a public hearing.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption;
provided, however, that the implementation of the actions relating to the entry into the
Florida Retirement System shall be implemented as set forth in this Ordinance.
Passed and adopted this 26th day of June, 2017.
City Commission of the City of
Sanford, Florida
Seminole County, Florida
deff 9F,
Attest:
Cynthi'd Porter, City Clerk
Approved as to form and legality:
cl
William L. Colbert, Esquire
City Attorney
5 Page