Florida District Courts of Appeal, 1993

Vitale v. Town of Surfside Pension Fund

Vitale v. Town of Surfside Pension Fund
Florida District Courts of Appeal · Decided October 12, 1993 · Cope, Ferguson, Hubbart
624 So. 2d 869; 1993 Fla. App. LEXIS 10312; 1993 WL 406607 (Southern Reporter, Second Series)

Vitale v. Town of Surfside Pension Fund

Opinion of the Court

PER CURIAM.

Certiorari denied.

HUBBART and FERGUSON, JJ., concur.

Concurring Opinion

COPE, Judge

(concurring).

I do not think this petition for writ of certiorari is procedurally barred. On the merits, I think it would be desirable if the definition of “disability retirement” contained in section 185.18, Florida Statutes (1991), applied to local law plans. However, paragraph 185.35(l)(f) allows a local law plan to incorporate disability benefits “as the municipality wishes.” As I see it, this phraseology allows the Town of Surfside to adopt its own definition of “disability” which is at variance from the definition used in section 185.18. Accordingly, I join in the denial of certiorari.

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