Legal Opinion

City of Wilton Manors v. Department of Management Services, Division of Retirement

District Court of Appeal of Florida

Decided December 1, 2010No. 4D09-4435Published

1Opinion of the CourtFarmer, J.

The City appeals a refusal by the Division of Retirement of the Department of Management Services to distribute to the City certain revenues from a fund derived from a tax on casualty insurance written on property within its borders. We affirm the final order of the agency.

In 1953, the Legislature enacted statutory provisions for police (and, later, firefighter) pensions. The statute authorized cities to assess an excise tax on casualty insurance for property within the city, the revenues from which could go to the existing police officer retirement trust fund. See now § 185.08, Fla. Stat.…

2Cases cited9 opinions

  1. Gay v. Canada Dry Bottling Co. of FloridaSupreme Court of Florida · 1952
  2. PUBLIC EMPLOYEES REL. v. Dade County PoliceSupreme Court of Florida · 1985
  3. PW Ventures, Inc. v. NicholsSupreme Court of Florida · 1988
  4. United States Gypsum Company v. GreenSupreme Court of Florida · 1959
  5. Ameristeel Corp. v. ClarkSupreme Court of Florida · 1997

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