Vitale v. Town of Surfside Pension Fund
Vitale v. Town of Surfside Pension Fund
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
Certiorari denied.
HUBBART and FERGUSON, JJ., concur.
Concurring Opinion
(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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.