175.041  Firefighters' Pension Trust Fund created; applicability of provisions.--

(1)  There is hereby created a special fund to be known as the "Firefighters' Pension Trust Fund," exclusively for the purpose of this chapter, in each municipality and each special fire control district of this state heretofore or hereafter created which now has or which may hereafter have a constituted fire department or an authorized volunteer fire department, or any combination thereof, and which municipality or special fire control district does not presently have established by law, special law, or local ordinance a similar fund.

(2)  To qualify as a fire department or volunteer fire department or combination thereof under the provisions of this chapter, the department shall own and use apparatus for the fighting of fires that is in compliance with National Fire Protection Association Standards for Automotive Fire Apparatus.

(3)  The provisions of this chapter shall apply only to municipalities organized and established pursuant to the laws of the state and to special fire control districts, and said provisions shall not apply to the unincorporated areas of any county or counties except with respect to special fire control districts that include unincorporated areas, nor shall the provisions hereof apply to any governmental entity whose employees participate in the Florida Retirement System. Special fire control districts that include, or consist exclusively of, unincorporated areas of one or more counties may levy and impose the tax and participate in the retirement programs enabled by this chapter.

(4)  No municipality shall establish more than one retirement plan for public safety officers which is supported in whole or in part by the distribution of premium tax funds as provided by this chapter or chapter 185, nor shall any municipality establish a retirement plan for public safety officers which receives premium tax funds from both this chapter and chapter 185.