Florida Statute 112.048 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.048

112.048 Voluntary retirement with half pay authorized for elective officers of cities or towns; appropriation.—

(1) The intent of the Legislature is to authorize and direct each city and town to provide a system of retirement for elected officials, but it is further the intent that each city or town may determine whether the system will be contributory or noncontributory.

(2)(a) From and after June 3, 1939, whenever any elective officer of any city or town of this state has held any elective office of such city or town for a period of 20 years or more consecutively, or for a period of 20 years or more consecutively, except for one period not exceeding 6 months, such elective officer may voluntarily resign or retire from such elective office with the right to be paid on the officer’s own requisition by such city or town during the remainder of his or her natural life a sum equal to one-half of the full amount of the annual or monthly salary that such city or town was authorized by law to pay said elective officer at the time of resignation or retirement; and such city and town shall appropriate and provide in its annual budget sufficient moneys to meet the requirements of this section when no other plan is available for elected local officials. In cases in which an elective officer during any term of office entered or enters and served or serves in the Armed Forces of the United States during any period during which the United States was or shall be engaged in war and thereafter was or shall be appointed or again elected to the same elective office prior to discharge from such service in the Armed Forces, such time of service in the Armed Forces shall not be construed to be a break in consecutive service and shall be counted in determining the years of consecutive service of such elective officer.

(b) The provisions of this subsection shall not operate to preclude any elected officer from retiring under, and receiving benefits pursuant to, the provisions of this section as it existed prior to October 1, 1973, if such officer had, prior to that date, completed the required 20 years of service or been elected to a term upon the expiration of which he or she completes the required 20 years of service. However, if on October 1, 1973, an elected officer had completed at least 10 of the required 20 years of service, the city or town may elect to provide an annual or monthly retirement salary as provided in this subsection.

(3) Each city or town may by ordinance establish a contributory retirement system for those officials defined in subsection (2). The rules for participation, the amount of the official’s contributions, and the method of appropriation and payment may be determined by ordinance of the city or town.

History.—s. 1, ch. 19247, 1939; CGL 1940 Supp. 2998(1); s. 1, ch. 57-805; s. 1, ch. 65-455; s. 1, ch. 72-280; s. 4, ch. 73-129; s. 1, ch. 74-231; s. 1, ch. 84-351; s. 682, ch. 95-147.

Note.—Former ss. 165.25, 121.20.

F.S. 112.048 on Google Scholar

F.S. 112.048 on Casetext

Amendments to 112.048

Arrestable Offenses / Crimes under Fla. Stat. 112.048

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.048.

Annotations, Discussions, Cases:

Cases Citing Statute 112.048

Total Results: 9

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Court: Fla. Att'y Gen. | Date Filed: 2004-02-12T23:53:00-08:00

Snippet: of the provisions of section 112.048, Florida Statutes. Section 112.048(2)(a), Florida Statutes, specifically…Laws of Florida 1939. 2 Section 112.048(1), Fla. Stat. 3 Section 112.048(3), Fla. Stat. 4 See City of Hialeah… to pay, pursuant to the provisions of section 112.048, Florida Statutes, retirement benefits to a former… applied for retirement benefits under section 112.048, Florida Statutes. You state that he was not aware…that the City of Arcadia is authorized by section 112.048(2)(a), Florida Statutes, to pay a former city council

City of Jacksonville v. Forshee

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-24T23:53:00-08:00

Citation: 670 So. 2d 165

Snippet: regarding his rights under section 112.048, Florida Statutes. Section 112.048, Florida Statutes (1993) provides…statute [section 112.048] and we have not sought equitable relief." Section 112.048 does not require…Florida Statutes 112.048(2). L. Plaintiff is entitled to benefits pursuant to Section 112.048 during the remainder…"when no other plan is available." § 112.048(2), Fla.Stat. (1993). He argued successfully below…complaint is predicated solely on "Section 112.048, Florida Statutes." At trial, Forshee testified

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Court: Fla. Att'y Gen. | Date Filed: 1996-02-20T23:53:00-08:00

Snippet: under the provisions of section 112.048, Florida Statutes. Section 112.048, Florida Statutes, provides that… General RAB/tjw 1 Section 112.048(1), Fla. Stat. (1995). 2 See, s. 112.048(2)(a), Fla. Stat. (1995), …substantially the following questions: 1. Does section 112.048, Florida Statutes, require the City of Largo to…receive retirement benefits pursuant to section 112.048, Florida Statutes? In sum: 1. The city commission…commission is not required under section 112.048, Florida Statutes, to provide retirement benefits to a city

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Court: Fla. Att'y Gen. | Date Filed: 1995-09-28T00:53:00-07:00

Snippet: voluntary retirement benefits provided by section 112.048, Florida Statutes, entitled to one-half the monthly…president of the city council? In sum: Since section 112.048, Florida Statutes, provides for a retirement benefit…entitled to $100 per month or $125 per month. Section 112.048, Florida Statutes, provides that it is the intent…elected local officials. . . .2 (e.s.) Thus, section 112.048 provides for voluntary retirement with half pay…available for elected local officials.3 Section 112.048(2)(a), Florida Statutes, clearly states that the

Branca v. City of Miramar

Court: Fla. | Date Filed: 1994-04-29T00:53:00-07:00

Citation: 634 So. 2d 604

Snippet: already had a pension plan by reason of section 112.048, Florida Statutes (1987). This statute mandates…We do not believe that the existence of section 112.048 meant that the City of Miramar had an existing …Miramar had the statutory authority under section 112.048(3), Florida Statutes (1987), to provide a pension

Branca v. City of Miramar

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-12T00:00:00-07:00

Citation: 602 So. 2d 1374, 1992 Fla. App. LEXIS 8650, 1992 WL 191304

Snippet: whether Ordinance 88-16 is unconstitutional. Section 112.048, Florida Statutes, predates the enactment of Article…in benefits on a sound actuarial basis. Section 112.048 mandates that cities must provide a retirement …Ordinance 88-16 apart from those mandated in section 112.048, Florida Statutes. As such, Ordinance 88-16 would

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Court: Fla. Att'y Gen. | Date Filed: 1986-09-02T00:53:00-07:00

Snippet: Section 121.20 was transferred to s. 112.048 in 1983. Thus, while s. 112.048(1), F.S., requires a municipality…in s.112.048(2)(a), F.S. Cities and towns must provide the retirement plan set forth in s. 112.048(2)(a…restated as follows: DO THE PROVISIONS OF s. 112.048, F.S., MANDATE THAT CITIES AND TOWNS ADOPT THE …THE PRECISE RETIREMENT PLAN SET FORTH IN s. 112.048(2)(a) FOR ELECTED OFFICERS, OR MAY CITIES AND TOWNS…must provide the specific plan set forth in s. 112.048(2), F.S. It is to be initially emphasized that

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Court: Fla. Att'y Gen. | Date Filed: 1984-03-14T23:53:00-08:00

Snippet: special session . . . ." See also, ss 112.40-112.48, F.S. (statutory implementation of subsection 7

City of Orlando v. Heard

Court: Fla. | Date Filed: 1892-01-14T23:53:00-08:00

Citation: 29 Fla. 581

Snippet: Wis., 105 ; see also 6 Lansing, 381 ; 24 Ala., 112 ; 48 Cal., 409 ; Shearman & Redfield on Negligence