City of Miami v. Gilbert

Full title: CITY OF MIAMI, PETITIONER, v. JAMES P. GILBERT, RESPONDENT

Court: Supreme Court of Florida

Date published: Oct 27, 1994

644 So. 2d 504 (Fla. 1994)

Opinion

No. 83212.

October 27, 1994.

Application for Review of the Decision of the District Court of Appeal, First District, Case No. 92-2684. Certified Great Public Importance.

A. Quinn Jones, III, City Atty. and Kathryn S. Pecko, Asst. City Atty., Miami, for petitioner.

Richard A. Sicking, Miami, for respondent.

SHAW, Justice.

We have for review City of Miami v. Gilbert, 630 So.2d 1241 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Gilbert and remand for proceedings consistent with our decision in City of Miami v. Bell, 634 So.2d 163 (Fla. 1994). As noted in Bell, the penalty provisions of section 440.20, Florida Statutes (1989), apply only to offsets taken by the city after July 14, 1989.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.