Florida Statute 121.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 121
FLORIDA RETIREMENT SYSTEM

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F.S. 121.061

121.061 Funding.—

(1) Commencing December 1, 1970, all employers withholding contributions required of members under this chapter for purposes of providing retirement benefits and social security benefits to or on behalf of such members shall budget, set aside, and pay over to the administrator, for deposit into the proper retirement and social security trust funds, matching payments for retirement and social security contributions as required by this chapter.

(2)(a) Should any employer other than a state employer fail to make the retirement and social security contributions, both member and employer contributions, required by this chapter, then, upon request by the administrator, the Department of Revenue or the Department of Financial Services, as the case may be, shall deduct the amount owed by the employer from any funds to be distributed by it to the county, municipality, metropolitan planning organization, special district, or consolidated form of government. The amounts so deducted shall be transferred to the administrator for further distribution to the trust funds in accordance with this chapter.

(b) Should any employer for whom the municipality or county tax collector collects taxes, fail to make the retirement and social security contributions required by this chapter, the tax collector, at the request of the administrator and upon receipt of a certificate from the administrator showing the amount owed by the employer, shall deduct the amount so certified from any taxes collected for the employer and remit the amount to the administrator for further distribution to the trust funds in accordance with this chapter.

(c) The governing body of each county, municipality, metropolitan planning organization, special district, or consolidated form of government participating under this chapter or the administrator, acting individually or jointly, is hereby authorized to file and maintain an action in the courts of the state to require any employer to remit any retirement or social security member contributions or employer matching payments due the retirement or social security trust funds under the provisions of this chapter.

(d) Should the income of any constitutional fee officer, in any year, be insufficient to make the matching payments required by this chapter, the board of county commissioners shall provide such fee officer sufficient funds to make these required payments when due.

(3) The appropriations provided each state agency, beginning with the 1970-1971 fiscal year and each fiscal year thereafter, shall include sufficient amounts to pay the matching contributions for social security and retirement as required by this chapter. No state agency, whether its funds are provided by state appropriations or otherwise, shall employ any person or maintain any person on its payroll unless it has allotted for such person sufficient funds to meet these required payments. Should a state agency fail to make such payments, the administrator shall report same to the Governor and certify the amount due the system trust funds to the Executive Office of the Governor. If arrangements cannot be made for the state agency to pay said amount due, then the amount due is hereby appropriated and shall be paid from the General Revenue Fund of the state.

History.—s. 6, ch. 70-112; s. 1, ch. 70-439; s. 2, ch. 72-295; s. 88, ch. 79-190; s. 142, ch. 2003-261; s. 9, ch. 2007-196; s. 12, ch. 2011-68.

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Amendments to 121.061

Arrestable Offenses / Crimes under Fla. Stat. 121.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 121.061.

Annotations, Discussions, Cases:

Cases Citing Statute 121.061

Total Results: 6

Wiggins v. DEPARTMENT OF MANAGEMENT SERV.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-11T00:53:00-07:00

Citation: 882 So. 2d 1030

Snippet: comprised of several classes of employees. See, § 121.061, Fla. Stat. (2003). The members of the Special

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Court: Fla. Att'y Gen. | Date Filed: 1986-11-23T23:53:00-08:00

Snippet: revenue fund of the state. Subsection (3) of s. 121.061, F.S., in pertinent part, provides: "The appropriations…to the fund with state dollars pursuant to ss. 121.061 and 121.071, F.S. Moneys in the system's trust…contributed to the system trust fund as provided in s. 121.061, F.S., but various units of local governments contribute…payment of contractually vested benefits. Cf., s. 121.061(3), F.S., providing that should any state agency

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Court: Fla. Att'y Gen. | Date Filed: 1986-10-06T00:53:00-07:00

Snippet: the property appraiser or tax collector. Section 121.061, F.S., makes provision for funding retirement and…members of the Florida Retirement System. Section 121.061(1), F.S., states that: Commencing December… collected from members since 1975. See also s.121.061(2)(a), F.S., stating that should any employer other…contributions as required by ch. 121, F.S. Section 121.061(1), F.S. Cf. s. 129.03(2), F.S., requiring the

Edwards v. State, Department of Administration, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1983-10-19T00:00:00-07:00

Citation: 445 So. 2d 1030, 1983 Fla. App. LEXIS 22558

Snippet: member’s employer (as defined in Sections 121.021; 121.061; and 121.071, Florida Statutes (1981). We find

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Court: Fla. Att'y Gen. | Date Filed: 1979-07-11T00:53:00-07:00

Snippet: office of a county fee officer. Compare with s. 121.061(2)(d), F. S., and AGO 078-159, in which this office…trust funds, the county commission, pursuant to s. 121.061(2)(d), shall provide sufficient funds from the … paying office personnel and expenses. Section 121.061(2)(d), however, has nothing to do with the deficiency

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Court: Fla. Att'y Gen. | Date Filed: 1978-12-28T23:53:00-08:00

Snippet: security contributions due. Section 121.061(2)(c), F. S.; see also s. 121.061(2)(a), F. S. If, however, the …Ch. 145, supra — as authorized by s. 121.061, F. S. [Attorney General Opinion 071-157.] See … a department or agency of the county. Section 121.061(1), F. S., requires that all employers withholding…funds. Section121.061(2)(a), F. S. See also s. 121.061(2)(b), F. S., which provides that the tax collector…retirement or social security trust funds. Section 121.061(2)(c), F. S. The appropriations for each state