CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1989 WL 15937
...insuring, through the application of statutory minimum standards, that local plans are managed, administered, operated and funded in such a manner as to maximize protection of pension trust funds. For example, Sections
175.171,
175.181,
175.191 and
175.231, Florida Statutes, upon which these proposed rules are based in part, establish minimum standards which clarify and define Section
175.351(1), and are thereby applicable to both chapter and local law funds......
...ination by special act or local ordinance under the powers reserved to municipalities. We hold this rule invalid as exceeding delegated legislative authority. Rule 4-54.039 Rule 4-54.039 deals with "disability in line of duty" and simply states that section 175.231 "is applicable to all Chapter Funds and all Local Law Funds." Appellants argue that the rule is invalid because section 175.231 is not expressly made applicable to local law plans....
...inuation of section 4-54.12, effective since 1982 uniformly administered and not challenged by the League, the City or anyone else." The Department further contends, "There is nothing new with this section" and that, "The presumptions established in Section 175.231 are minimum standards which have been consistently applied to all pension *865 funds requiring them to meet these minimums." The Department also points out that the City's plans meet or exceed the minimums provided in section 175.231. We hold this rule invalid for essentially the same reasons expressed as to rule 4-54.037. Nothing set forth in chapter 175 makes section 175.231 expressly applicable to local law plans....
...utory authority for the Department to make this section's minimum standards applicable to such plans. This practice in local law plans is consistent with the notion that municipalities are free to legislate on this matter independent of standards in section 175.231....
...That the rule may be essentially a continuation of rule 4-54.12, effective since 1982, also does not supplant the needed statutory authority. Whether rule 4-54.12 remains effective and a viable means for the Department to apply minimum requirements meeting section 175.231 to local law plans is not within the scope of this rule challenge proceeding and is not decided by us....
...sufficiency of the Department's economic impact statement accompanying the proposed rules under review pursuant to section
120.54(2). The parties stipulated, and the hearing officer found, that the application of sections
175.071,
175.081,
175.191,
175.231,
175.261,
175.333 and
175.361 to local law plans would have a significant economic impact, as defined in section
120.54, on a number of local law plans, including those of the City....
