4533 Amending Chapter 66, FF Retirement SystemOrdinance No. 2019-4533
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER 66, PENSIONS AND RETIREMENT, ARTICLE III,
FIREFIGHTERS' RETIREMENT SYSTEM OF THE CODE OF
ORDINANCES OF THE CITY OF SANFORD; AMENDING SECTION
66-76, BENEFIT AMOUNTS AND ELIGIBILITY, SUBSECTION (C),
PRE -RETIREMENT DEATH, AND SUBSECTION (D), DISABILITY;
PROVIDING FOR COMPLIANCE WITH CHAPTER 2019-21, LAWS OF
FLORIDA; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR A SAVINGS
PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Be it Enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a) The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the City staff report and City Commission agenda memorandum
relating to this ordinance.
(b) The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Firefighters' Retirement System. Chapter 66, Article 111, Code of
Ordinances of the City of Sanford, is hereby amended to read as follows by amending
Section 66-76, Benefit Amounts and Eligibility, subsection (c), Pre -Retirement Death, by
adding a new subparagraph (4):
ided and subiect to the limitations in section112.1816
uiv 1. zuiv, a tiretignter (as
r
to have died in the line of duty it he or sne ales as a result of cancer
(as defined in section 112.11316(1), Horiaa Statutes) or
circumstances that arise out of the treatment of such cancer (as
defined in section 112.1816(1). Florida Statutes).
1
For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall
constitute ellipses to the original text and strttcethrotr shall constitute deletions to the original text.
Section 3. Firefighters' Retirement System. Chapter 66, Article III, Code of
Ordinances of the City of Sanford, is hereby amended to read as follows by amending
Section 66-76, Benefit Amounts and Eligibility, subsection (d), Disability, subsection
(d)(2), On -Duty Presumptions, by adding subparagraph (c), Cancer Presumption:
(d)(2) On -duty Presumptions.
c) Cancer Presumption. As provided and subject to the limitations
firefighter (as defined in section 112.1816(1), Florida Statutes)
member shall considered to be totally and permanently disabled in
the line of duty if he or she meets the Plan's definition of Totally and
Permanently Disabled due to a diagnosis of cancer (as defined in
section 112.1816(l), Florida Statutes) or circumstances that arise
out of the treatment of such cancer (as defined in section
112.1816(1), Florida Statutes).
Section 7. Savings. The prior actions of the City of Sanford relating to the
administration of the firefighters' retirement system and related matters are hereby ratified
and affirmed.
Section 8. Conflicts. All Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed.
Section 9. 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 determined to be
invalid, unlawful, or unconstitutional.
For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall
constitute ellipses to the original text and str'rkethro� shall constitute deletions to the original text.
Section 10. Codification. Sections 2 and 3 of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Sanford, Florida.
Section 11. Effective Date. This Ordinance shall become effective upon
passage; however, the provisions of this Ordinance that are specified to take effect as of
a date certain shall take effect as of the date specified herein.
Passed and Adopted this 13th day of January, 2020.
City Commission
Sanford, Florida
npieii,
Attest:
cl'*i
6IuMIA10, Rpw
Traci Houchin, City Clerk
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Approved as to form and legal sufficiency: U "�
William L. Colbert, City Attorney
3
City of
For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * * * shall
constitute ellipses to the original text and strikethrottgh shall constitute deletions to the original text.
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman
Howard S. Susskind
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Pedro A. Herrera
David Robinson
Ivelisse Berio LeBeou
• Board Certified Labor
& Employment Lawyer
TO: City of_Sanford,. FL City Comm
FROM: Pedro A. Herrera
Sugarman & Susskind, P.A.
DATE: November 6, 2019
Re: Ch. 2019-21, Laws of Florida
Commissioners:
100 Miracle Mile
Suite 300
Coral Gables, Florida 33134
(305) 529-2801
Toll Free (800) 329-2122
Facsimile (305) 447-8115
Effective July 1, 2019, the Florida Legislature enacted legislation providing various
benefits to qualifying full-time and retired firefighters. The new law amends F.S. 112 to provide
additional disability and death benefits to eligible firefighters who have been disabled or died as a
result of certain forms of cancer. Specifically, the new law creates a presumption of service -
connected disability, or preretirement death, for eligible firefighters who either perish or are found
to be totally and permanently disabled from useful and efficient service as a firefighter, based on
at least one of 21 enumerated forms of cancer or circumstances that arise out of the treatment of
such cancer.
Consequently, in order to comply with the recently amended state statute, we previously
discussed the proposed amendment with the Board of Trustees for the City of Sanford Firefighters'
Retirement System and it approved proceeding with seeking this Commission's enactment of the
proposed amendment.
Enclosed please find a proposed amendment to Section 66-76, Benefit Amounts and
Eligibility, Subsection (C), and Preretirement Death, Subsection (D), Disability, of the Sanford
code of ordinances which will update the Retirement System's governing code to comply with the
recent enactment of Ch. 2019-21, Laws of Florida.
Please do not hesitate to contact me directly should you have any questions or require any
additional information.
WS—RM X
Item No. -I, C
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FLORIDA
CITY COMMISSION MEMORANDUM 20.004
JANUARY 13, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Lindsay, Finance Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana
SUBJECT: City of Sanford Fire Fighters' Retir me System Proposed Ordinance
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
An ordinance has been prepared amending Section 66-76 of the Fire Fighters' Retirement System
for the City Commission's consideration.
FFISCALISTAFFING STATEMENT:
The Fire Pension Board's actuary, Foster & Foster, Inc., advised that there is a cost of approximately
.1% of payroll or $3,700 per year.
BACKGROUND:
At the August 1, 2019 Fire Fighters' Pension Board meeting, the board unanimously recommended
amending the following section of the Fire Fighters' Retirement System to comply with changes to
the Florida State Statutes.
• Section 66-76, Benefit Amounts and Eligibility, subsection (c), Pre -Retirement Death,
is being amended to provide additional disability and death benefits to eligible firefighters
who have been disabled or died as a result of certain forms of Cancer.
The City Commission approved the first reading of Ordinance No. 4533 on December 9, 2019.
The City Clerk published notice of the 2°d public hearing in the Sanford Herald on December 29,
2019.
LEGAL REVIEW:
The ordinance has been prepared by the Fire Fighters' Pension Board attorney.
RECOMMENDATION:
The Fire Fighters' Pension Board recommends the City Commission adopt Ordinance No. 4533 to
amend the Section 66-76 of the Fire Fighters' Retirement System Ordinance.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2019-4533"
Attachments: Cover letter from the Law Offices of Sugarman & Susskind
Actuarial Impact Letter from Foster & Foster Actuaries
Ordinance No. 2019-4533