
    Frank VITALE, Petitioner, v. TOWN OF SURFSIDE PENSION FUND, Respondent.
    No. 92-458.
    District Court of Appeal of Florida, Third District.
    Oct. 12, 1993.
    Klausner & Cohen and Robert D. Klausner (Hollywood), for petitioner.
    Cypen & Cypen and Myles G. Cypen and Stephen H. Cypen, Miami Beach, for respondent.
    Before HUBBART, FERGUSON and COPE, JJ.
   PER CURIAM.

Certiorari denied.

HUBBART and FERGUSON, JJ., concur.

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.  