Florida Statute 121.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 121
FLORIDA RETIREMENT SYSTEM

View Entire Chapter

F.S. 121.23

121.23 Disability retirement and special risk membership applications; Retirement Commission; powers and duties; judicial review.—The provisions of this section apply to all proceedings in which the administrator has made a written final decision on the merits respecting applications for disability retirement, reexamination of retired members receiving disability benefits, applications for special risk membership, and reexamination of special risk members in the Florida Retirement System. The jurisdiction of the State Retirement Commission under this section shall be limited to written final decisions of the administrator on the merits.

(1) In accordance with the rules of procedure adopted by the Department of Management Services, the administrator shall:

(a) Give reasonable notice of his or her proposed action, or decision to refuse action, together with a summary of the factual, legal, and policy grounds therefor.

(b) Give affected members, or their counsel, an opportunity to present to the division written evidence in opposition to the proposed action or refusal to act or a written statement challenging the grounds upon which the administrator has chosen to justify his or her action or inaction.

(2) A member shall be entitled to a hearing before the State Retirement Commission pursuant to ss. 120.569 and 120.57(1) on the merits of any written adverse decision of the administrator, if he or she files with the commission a written request for such hearing within 21 days after receipt of such written decision from the administrator. For the purpose of such hearings, the commission shall be an “agency head” as defined by s. 120.52.

(a) The commission may issue orders as a result of the hearing that are binding on all parties to the dispute and may order any action that it deems appropriate. Any disability retirement order of the commission that sustains the application of the member may include an amount, to be determined by the commission, for reasonable attorney’s fees and taxable costs, which shall be calculated in accordance with the statewide uniform guidelines for taxation of costs in civil actions. The amount of the attorney’s fees may not exceed 50 percent of the initial yearly benefit awarded under s. 121.091(4). In cases involving disability retirement, the commission shall require the member to present substantial competent medical evidence that meets the requirements of s. 121.091(4)(c)2. and 3., and may require vocational evidence, before awarding disability retirement benefits.

(b) Any person who fails to appear in response to a subpoena, answer any question, or produce any evidence pertinent to any hearing or who knowingly gives false testimony therein commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) The exercise by the State Retirement Commission of the powers, duties, and functions prescribed by this section shall be reviewable by the district court of appeal.

(4) The exercise by the State Retirement Commission of the powers, duties, and functions prescribed by this section shall be reviewable by the judiciary on the grounds that:

(a) The commission did not afford a fair and equitable hearing in accordance with chapter 120;

(b) The decision of the commission was not in accordance with existing statutes or rules and regulations promulgated thereunder; or

The court shall not, however, substitute its judgment for that of the commission as to the weight of the evidence on any disputed finding of fact where the decision of the commission was supported by substantial evidence; nor shall the court substitute its judgment for that of the commission on an issue of discretion.

History.—s. 1, ch. 75-248; s. 5, ch. 78-95; s. 1, ch. 82-46; s. 2, ch. 83-197; ss. 16, 17, ch. 86-149; s. 17, ch. 90-274; s. 1, ch. 92-63; s. 328, ch. 92-279; s. 55, ch. 92-326; s. 32, ch. 94-249; s. 1429, ch. 95-147; s. 19, ch. 96-410; s. 15, ch. 97-180; s. 48, ch. 99-255; s. 15, ch. 2009-209.

F.S. 121.23 on Google Scholar

F.S. 121.23 on Casetext

Amendments to 121.23

Arrestable Offenses / Crimes under Fla. Stat. 121.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 121.23.

Annotations, Discussions, Cases:

Cases Citing Statute 121.23

Total Results: 20

Derek Lang Shine, Jr. v. State of Florida

Court: Fla. | Date Filed: 2019-06-13T00:00:00-07:00

Citation: 273 So. 3d 935

Snippet: ; Milici , 219 So. 3d at 121-23 ; Pinckney , 173 So. 3d at

Crystal v. State, Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-05T00:00:00-08:00

Citation: 21 So. 3d 134, 2009 Fla. App. LEXIS 16541, 2009 WL 3645182

Snippet: , 796 So.2d 644 (Fla. 1st DCA 2001); see also § 121.23(4), Fla. Stat. (2008). The Commission oversees

Lawrence v. State, Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2008-11-19T00:00:00-08:00

Citation: 995 So. 2d 603, 2008 Fla. App. LEXIS 17571, 2008 WL 4922701

Snippet: commission was supported by substantial evidence.” See § 121.23(4), Fla. Stat. (2008). The test for an in-line-

Fernandez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-02T00:00:00-08:00

Citation: 913 So. 2d 734, 2005 Fla. App. LEXIS 17223, 2005 WL 2861140

Snippet: State, SC02-1424 & SC04-705, 915 So.2d 95, 121-23, 2005 WL 2671258 (Fla. Oct. 20, 2005). Affirmed

Lee v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-18T00:00:00-08:00

Citation: 868 So. 2d 577, 2004 WL 331121

Snippet: of the right to go one's way. 528 U.S. at 121-23, 120 S.Ct. 673. The United States Supreme Court

Carver v. State, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-03T00:00:00-07:00

Citation: 848 So. 2d 1203, 2003 Fla. App. LEXIS 10129, 2003 WL 21510795

Snippet: contrary to this court’s interpretation of section 121.23(2)(a), Florida Statutes, in Nichols v. Division…Retirement Commission. Before the Commission, section 121.23(2)(a), provides, in pertinent part, that: In cases…disability retirement benefits. Construing section 121.23(2)(a),3 in Nichols this court held that this provision…decision in Nickols which expressly held that section 121.23(2)(a) does not require an opinion of a physician…DISABILITY BENEFITS IN A PROCEEDING UNDER SECTION 121.23, FLORIDA STATUTES, WHAT MEDICAL EVIDENCE IS THE

Jackson v. State, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-16T00:00:00-07:00

Citation: 813 So. 2d 281, 2002 Fla. App. LEXIS 4799

Snippet: have determined the Division’s motions. Section 121.23(2), Florida Statutes (2001), authorizes the Commission…provides: (a) For purposes of hearing appeals under s. 121.23, the commission may meet in panels consisting of

Morris v. Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-23T00:00:00-08:00

Citation: 747 So. 2d 462, 1999 Fla. App. LEXIS 17092, 1999 WL 1243363

Snippet: and THOMPSON, JJ., concur. . §§ 121.091(4)(c); 121.23(2)(a), Fla. Stat. See Hartley v. Department of

Pender v. State Retirement Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-22T00:00:00-07:00

Citation: 743 So. 2d 173, 1999 Fla. App. LEXIS 13965, 1999 WL 960796

Snippet: Retirement, 621 So.2d 543, 544 (Fla. 1st DCA 1993); § 121.23(4), Fla. Stat. (1997). Although Pender herself …Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984); § 121.23(4), Fla. Stat. (1997). Mrs. Pender also complains…Treasurer, 330 So.2d 794 (Fla. 1st DCA 1976); § 121.23, Fla. Stat. (1997). AFFIRMED. W. SHARP and GOSHORN

Otero v. State Retirement Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-13T00:00:00-08:00

Citation: 720 So. 2d 1147, 1998 Fla. App. LEXIS 14415, 1998 WL 796499

Snippet: we reverse and remand for a new hearing. See § 121.23(4)(b) and (e), Fla. Stat. (1997). REVERSED and

Pridgeon v. STATE DIV. OF RETIREMENT

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-20T23:53:00-08:00

Citation: 662 So. 2d 1028

Snippet: examination by the Division of Retirement. See § 121.23(2)(a), Florida Statutes (1993); Fla. Admin. Code…Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984); § 121.23(4)(c), Fla. Stat. (1993). Pridgeon agrees that

Nickols v. Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-13T00:00:00-07:00

Citation: 637 So. 2d 261, 1994 Fla. App. LEXIS 3372, 1994 WL 122342

Snippet: added to section 121.23(2)(a)), lists among its intended purposes “amending s. 121.23, F.S.; limiting …the following: [T]he Commission has read section 121-23(2)(a), Florida Statutes, as requiring appellant…basic principles of statutory construction. Section 121.23(2)(a), Florida Statutes (1991), reads: The [Cjommission…about the language of the last sentence of section 121.23(2)(a), added in 1990. It seems to me clear from… a fair reading of the last sentence of section 121.23(2)(a) that its meaning is not clear, it would be

Glisson v. State, Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-13T00:00:00-07:00

Citation: 621 So. 2d 543, 1993 Fla. App. LEXIS 7366, 1993 WL 255597

Snippet: Commission as to the weight of the evidence. Section 121.23(4), Fla.Stat. (1989). See Havener v. Division of

Alsobrook v. State, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-20T00:00:00-07:00

Citation: 600 So. 2d 1173, 1992 Fla. App. LEXIS 5510, 1992 WL 104632

Snippet: Division Administrator and requests a hearing. Section 121.23(2), Fla. Stat. (1991). In this instance, the Commission…hearing in accordance with chapter 120.” Section 121.23(4)(a), Fla.Stat. (1991). Therefore, I would reverse

Department of Administration, Division of Retirement v. McInerney

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-13T00:00:00-07:00

Citation: 597 So. 2d 358, 1992 Fla. App. LEXIS 4240, 1992 WL 74908

Snippet: appealed the denial to the SRC pursuant to Section 121.23, Florida Statutes. The SRC reversed the decision

Andersen v. Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-07T00:00:00-08:00

Citation: 538 So. 2d 929, 14 Fla. L. Weekly 375, 1989 Fla. App. LEXIS 503, 1989 WL 8334

Snippet: was supported by substantial evidence,” section 121.23(4), Florida Statutes, we nevertheless hold that

State, Department of Administration, Division of Retirement v. University of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-13T00:00:00-07:00

Citation: 531 So. 2d 377, 13 Fla. L. Weekly 2134, 1988 Fla. App. LEXIS 4053

Snippet: a substantive provision of Chapter 121. Section 121.23, Florida Statutes, providing for the powers and

Andrews v. Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-05T00:00:00-07:00

Citation: 508 So. 2d 477, 40 Educ. L. Rep. 1081, 12 Fla. L. Weekly 1411, 1987 Fla. App. LEXIS 8703

Snippet: supported by competent, substantial evidence. § 121.23, Fla.Stat. (1985); Havener v. Division of Retirement

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-02-03T23:53:00-08:00

Snippet: retirement program as provided in s. 121.35. See, s. 121.23, F.S. The seven member commission is appointed

Blanton v. Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-09T23:53:00-08:00

Citation: 480 So. 2d 134

Snippet: conducted before the Commission, pursuant to Section 121.23(2), Florida Statutes. Appellant's treating …supported by substantial evidence". Section 121.23(4), Florida Statutes. The test for an in-line-of-duty