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Michael Wayne Moskowitz
Michael Wayne Moskowitz
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Bar #254606(FL)     License for 47 years; Member in Good Standing
Fort Lauderdale FL

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92-003650  PORT EVERGLADES AUTHORITY, JOSEPH DELILLO, WALTER J. BROWNE, JEAN FITZGERALD, JAMES G. KANE, ELIZABETH H. KRANT, MICHAEL J. MARINELLI, ALAN R. MARKS, CHARLES R. SHAW, MICHAEL BLOCK, MAURICE BERKOWITZ, ROBERT BARBER, HAROLD DYER, BULL STAN HARRIS, vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT  (1992)
Division of Administrative Hearings, Florida Filed: Jun. 18, 1992
Whether the individual Petitioners are entitled to participate in the Elected State and County Officer's Class (ESCOC) of the Florida Retirement System created by Section 121.052(2)(d), Florida Statutes, and the conditions, if any, that should be imposed on such participation. There is no contention that the Port Everglades Port Authority is entitled to membership or benefits from the ESCOC. The following sub-issues are also presented: Whether the commissioners who serve in appointed positions are entitled to membership in the ESCOC retirement class. Whether the elected commissioners who held office on or after July 1, 1990, are entitled to ESCOC credit for service prior to July 1, 1990, (the date these commissioners became compulsory members of ESCOC) as "past service" or "prior service" as those terms are defined by Sections 121.021(18) and (19), Florida Statutes. If the second sub-issue is resolved in the negative, whether the Respondent can receive from the Port the necessary contributions to upgrade the retirement status of the elected commissioners who held office on or after July 30, 1990, or whether those contributions can only be received by Respondent from the individual commissioners who fall into that category. Whether commissioners who left office prior to 1985 are eligible for membership in, or other benefits pursuant to, ESCOC. Whether Respondent is estopped from denying the individual Petitioners retroactive membership in ESCOC.Erroneous retirement status should be changed where statute mandates class estoppel by DOR not establish. DOR should not accept cost of upgrade from Port.

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