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07-12-1988 Regular MeetingThe meeting of the Village Mayor Spero Canton at 8:03 Board Members: Also Present: Miami Shores Village Pension Board Meeting of July 12, 1988 of Miami Shores Pension Board was called to order by a.m. The following were in attendance: Mayor Spero Canton Mr. William Walker Sgt. Jack Ulmer Mr. Elly Johnson Dr. Robert Butler Ms. Patricia Varney Mr. William Fann, Village Attorney Ms. Gail Macdonald, Plan Administrator Mr. Bruce Baker of Stembler Adams & Sweet Absent: Mr. William. Heffernan 1. Fiduciary Insurance and. Fidelity Bond Coverage Mr. Baker presented a benefit and price comparison of the various insurance companies that offer fiduciary responsibility insurance and fidelity bond coverage. After a discussion by the Board, Dr. Butler made a motion to accept the proposal by Aetna Insurance for a 3 million dollar coverage and an annual premium of $6,439 for Fudiciary Insurance. Mr. Johnson seconded the motion, the motion passed unanimously. Mr. Walker made amotion to accept the Fidelity Bond coverage by Aetna with an annual premium of $253. The motion was seconded by Mr. Johnson and the motion passed unanimously. 2. Final discussion andselection of new Actuarial representative. Dr. Butler made a motion to accept The Wyatt Company as the new Actuary effective September 1, 1988. The motion was seconded by Mr. Johnson. The motion passed unanimously;,, 3. Approval of the Minutes of the June 7, 1988 Pension Board meeting. Sgt. Ulmer made a motion to approve the Pension Board minutes of June 7, 1988 with the amendment to paragraph 5 as so stated. Mr. Johnson seconded the motion and the motion passed unanimously.. 4. Old Business Attached, as a permanent part of these minutes, is the District Court of Appealt' decision on the amendment of Chapters 175 and 185. 5. New Business No new business to be discussed at this time. 6. Adjournment Mr. Johnson made a motionto adjourn the meeting. Dr. Butler seconded the motion and the motion passed unanimously. The meeting adjourned at 8:35 a.m. Elly . Joy nson , Secretary • THE CITY OF ORLANDO; THE CITY OF BRADENTON; THE CITY OF FERNANDINA BEACH; THE CITY OF PLANT CITY; THE CITY OF PANAMA CITY BEACH; AND THE CITY OF DAYTONA BEACH, Appellants, v. STATE OF FLORIDA DEPARTMENT OF INSURANCE; and BILL GUNTER as INSURANCE COMMISSIONER OF THE STATE OF FLORIDA, Appellees. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES * TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF * FILED. * CASE NO. 87-1409 * * * * * * * Opinion filed July 7, 1988. Appeal from the Circuit Court for Leon County Charles Miner, Judge. James C. Massie, Tallahassee, for Appellants. Gabriel Mazzeo, Tallahassee; Richard A. Sicking of Kaplan, Sicking & Bloom, Miami; Robert D. Klausner of Robert D. Klausner, P.A., Hollywood, for Appellees. James R. Wolf, Tallahassee; James W. Linn and Lucille E. Turner of Carson & Linn, P.A., Tallahassee, for Amicus Curiae. BARFIELD, J. Appellants seek review of an order finding Chapters 86-41 and 86-42, Laws of Florida, amending Chapters 175 and 185, Florida Statutes (1985) respectively, to be facially constitution61. We affirm, with one exception, the trial court's determination the Acts do not violate constitutional tenets. Chapters 175 and 185 create a purely voluntary program whereby municipalities may receive state -collected taxes, imposed on property and casualty insurance premiums, with which to fund retirement programs for local police and firefighters. In exchange for receipt of these funds, the legislature has established certain criteria under which the funds must be operated and managed. The cities may opt into or out of such plans at their discretion. As the program is not mandatory as to any city's participation, we find nothing that. renders the amended statutes to be facially unconstitutional. However, we reverse that portion of the order finding that both Chapters 86-41 and 5(a), Florida Constitution, precluded municipal officials 86-42 and Article II, Section barring dual officeholding, from serving on the Boards of Trustees of the respective municipal police and firefighters pension trust funds. The legislative history, submitted to this Court without objection, reflects the legislative intent that elected or appointed officials could be appointed by the local legislative body to serve as the municipality's representatives on the Boards. Further, there is nothing inherently inconsistent or incompatible in service by municipal officials on these Boards so as to say that it 2 • presumptively violates the prohibition against dual officeholding in Article II, Section 5(a). Bath Club, Inc. v. Dade County, 394 So.2d 110 (Fla. 1981); Gryzik v. State, 380 So.2d 1102 (Fla. 1st DCA), petition for review denied, 388 So.2d 1113 (Fla. 1980). Such determination must be made on a case-by-case basis as to each Board or individual trustee. Accordingly, the trial court's order is AFFIRMED in part and REVERSED in part. THOMPSON AND NIMMONS, JJ., CONCUR. 3