Florida Statute 112.05 | 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. 112.05

112.05 Retirement; cost-of-living adjustment; employment after retirement.—

(1)(a) Whenever any state official or state employee has attained the age of 70 years or more and has served the state as either an official or employee, or both, for as much as 20 consecutive years or more or for an aggregate time of 30 years or more, or whenever any state official or employee, irrespective of age, has served the state as either an official or employee, or both, for 30 consecutive years or more, or for as much as an aggregate of 35 years or more, such official or employee may retire from office as such official or employee with the right to be paid, and shall be paid monthly on his or her own requisition during the remainder of his or her natural life one-half the amount of the average monthly salary received during the last 10 years of such service; and sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated. Provided, that military service in the Armed Forces of the United States shall be computed as a part of the time specified hereinabove as entitling a state official or employee to the benefits of this section. This section shall apply only to persons retired or persons who are on a state payroll June 30, 1953, and remain continuously on a state payroll until eligible to retire. This section shall not affect any state official or employee who has already retired under any retirement act, except that no Cabinet officer qualifying shall receive less than $4,500 per year.

(b)1. Any state official or state employee who, as of January 1, 1976, has served the state as either an official or employee, or both, for 29 consecutive years, irrespective of age, and who has a terminal or critical illness, which illness is certified by two physicians licensed in this state as terminal or critical, shall be eligible for early retirement. The benefits accruing to any such person under this section shall be reduced by five-twelfths of 1 percent for each complete month by which such retirement precedes the 30 years of service required under paragraph (a).

2. Any state official or employee eligible to retire pursuant to the provisions of this paragraph may retire from office as such official or employee with the right to be paid, and shall be paid monthly on his or her own requisition, during the remainder of his or her natural life, one-half the amount of the average monthly salary received during the last 10 years of service, less the actuarial reduction provided for in subparagraph 1.

(c) Upon the death of a retired state officer or employee receiving monthly benefits under this section, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date.

(2) An annual cost-of-living adjustment shall be made to the monthly benefit payable to retirees who are retired under this section pursuant to the provisions of s. 121.101.

(3) Any person who is retired under this section may be employed by an employer who does not participate in a state-administered retirement system and may receive compensation from such employment without limiting or restricting in any way the retirement benefits payable to such person.

(4)(a) Any person who is retired under this section may be reemployed by any private or public employer after retirement and receive retirement benefits and compensation from his or her employer without limitation, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 12 months immediately subsequent to the date of retirement.

(b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to the employer and to the division; and the person’s retirement benefits shall be suspended for the balance of the 12-month limitation period. Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the Department of Management Services to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system. Any retirement benefits received by such person while reemployed during this limitation period shall be repaid to the retirement trust fund, and the retirement benefits shall remain suspended until such repayment has been made. Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reemployment limitation.

(c) An employer, upon employment of any person who has been retired under a state-administered retirement program, shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for a regular member of the Florida Retirement System.

(d) The limitations of this subsection apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the category of funds from which the person is compensated.

History.—s. 1, ch. 12293, 1927; CGL 242; s. 1, ch. 17274, 1935; s. 1, ch. 20499, 1941; s. 1, ch. 22828, 1945; ss. 1, chs. 28147, 28148, 1953; s. 1, ch. 74-303; s. 1, ch. 76-212; s. 1, ch. 80-126; s. 2, ch. 80-130; s. 1, ch. 81-307; s. 31, ch. 83-217; s. 19, ch. 84-266; s. 1, ch. 90-274; s. 3, ch. 95-146; s. 683, ch. 95-147; s. 1, ch. 96-368; s. 12, ch. 99-255.

Note.—Former s. 121.001.

F.S. 112.05 on Google Scholar

F.S. 112.05 on Casetext

Amendments to 112.05

Arrestable Offenses / Crimes under Fla. Stat. 112.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.05.

Annotations, Discussions, Cases:

Cases Citing Statute 112.05

Total Results: 20

EL BRAZO FUERTE BAKERY 2 v. 24 HOUR AIR SERVICE, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-11-24

Snippet: from the total hours billed, but the remaining 112.05 hours billed were reasonable. He further opined

Powanda v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-01

Citation: 8 So. 3d 1230, 2009 Fla. App. LEXIS 3984, 2009 WL 1162780

Snippet: scoresheet reflected a permissible sentencing range of 112.5 to 187.5 months’ incarceration. On December 10,

SHANDS TEACHING HOSP. AND CLINICS v. Dunn

Court: District Court of Appeal of Florida | Date Filed: 2007-11-20

Citation: 977 So. 2d 594, 2007 WL 4105356

Snippet: of 225 micrograms to be followed by two doses of 112.5 micrograms over the course of the next two days

Shore Village Owners'association, Inc. v. Department of Env. Protection

Court: District Court of Appeal of Florida | Date Filed: 2002-07-10

Citation: 824 So. 2d 208, 2002 WL 1466811

Snippet: right of way line of State Road A1A, a distance of 112.05 feet for the point of beginning; thence run North

Willis v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-06-14

Citation: 760 So. 2d 1018, 2000 Fla. App. LEXIS 7249, 2000 WL 763594

Snippet: on the probation violation and to a concurrent 112.5 'months in prison on the later burglary. No objections

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-12-28

Snippet: those offenses particularly described in section 24.112(5), Florida Statutes, that may result in contract

Eblin v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-07-24

Citation: 677 So. 2d 388, 1996 WL 410718

Snippet: burglary. The scoresheet showed a range of 67.5 to 112.5 months' imprisonment. The court sentenced Eblin

Townsend v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-01-29

Citation: 613 So. 2d 534, 1993 Fla. App. LEXIS 634, 1993 WL 16411

Snippet: supreme court. In White v. Illinois, — U.S. -, 112 5.Ct. 736, 116 L.Ed.2d 848 (1992) the court permitted

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-12-08

Snippet: cumulative to other provisions of part III of chapter 112." 5 See, AGO 74-167 ("although subsection 111.011(5)

Buford v. State

Court: Supreme Court of Florida | Date Filed: 1981-07-23

Citation: 403 So. 2d 943

Snippet: 284, 89 So. 807 (1921); Reddick v. State, 25 Fla. 112, 5 So. 704 (1889). Defendant next contends that section

Lykes Bros., Inc. v. City of Plant City

Court: Supreme Court of Florida | Date Filed: 1978-01-19

Citation: 354 So. 2d 878, 1978 Fla. LEXIS 4670

Snippet: rise to a total municipal tax liability of $47,112.05. [6] Art. VII, § 10, Fla. Const. (prohibiting

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-05-19

Snippet: the state's old noncontributory pension plan, s. 112.05, F.S.; and s.112.0501, id., directing the administrator

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-02-28

Snippet: under the noncontributory state pension law (s. 112.05, F. S.) from becoming reemployed by the state "unless

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-02-21

Snippet: continuous service credit for retirement under s. 112.05, F.S., for service in the War Manpower Commission

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-03-01

Citation: 184 So. 2d 691, 1966 Fla. App. LEXIS 5736

Snippet: of Brown was found another cigar box containing $112.05 and numerous slips of paper. Also in the drawer

Turner v. State Ex Rel. Gruver

Court: District Court of Appeal of Florida | Date Filed: 1964-10-27

Citation: 168 So. 2d 192

Snippet: 221 P.2d 669; Town of Marion v. Baxley, 192 S.C. 112, 5 S.E.2d 573. The Arkansas case concerned a violation

Branch v. State of Florida

Court: Supreme Court of Florida | Date Filed: 1927-07-15

Citation: 115 So. 143, 94 Fla. 286

Snippet: assaulted is not fatal. See Reddick v. State, 25 Fla. 112, 5 South. Rep. 704; Pyke v. State, 47 Fla. 93, 36

Meyers v. State

Court: Supreme Court of Florida | Date Filed: 1922-11-01

Citation: 84 Fla. 508

Snippet: 37 South. Rep. 334; Reddick v. State, 25 Fla. 112, 5 South. Rep. 704. The last assignment is based upon

Gafford v. State

Court: Supreme Court of Florida | Date Filed: 1920-04-26

Citation: 79 Fla. 581

Snippet: beén excluded on motion. Reddick v. State, 25 Fla. 112, 5 South. Rep. 704; Golden v. State, 54 Fla. 43, 44

Hicks v. State

Court: Supreme Court of Florida | Date Filed: 1918-02-26

Citation: 75 Fla. 311, 78 So. 270

Snippet: certain name. 16 Cyc. 1126; Reddick v. State, 25 Fla. 112, 5 South. Rep. 704. Assignments of error are- also