Florida Statute 121.23 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 121
FLORIDA RETIREMENT SYSTEM

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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.

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Amendments to 121.23

Annotations, Discussions, Cases:

Cases Citing Statute 121.23

Total Results: 27

Henry v. STATE, DEPT. OF ADMIN., DIV. OF RETIREMENT

431 So. 2d 677

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 456300

Cited 18 times | Published

waiver of appellant's waiver in 1978. [3] Section 121.23, Florida Statutes, as to this agency's actions

Amico v. DIVISION OF RETIREMENT, ETC.

352 So. 2d 556

District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1701329

Cited 5 times | Published

Commission conducted the hearing prescribed by Section 121.23 for termination of benefits and sustained the

Bolinger v. DIV. OF RETIRE., ST. DEPT. OF ADMIN.

335 So. 2d 568

District Court of Appeal of Florida | Filed: Jul 13, 1976 | Docket: 1306435

Cited 5 times | Published

retirement from state employment. Ch. 75-248, Fla.Laws, § 121.23, F.S. 1975. The Commission ordered that Bolinger

Havener v. Division of Retirement

461 So. 2d 231, 10 Fla. L. Weekly 61, 1984 Fla. App. LEXIS 16288

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 464376

Cited 3 times | Published

Commission's denial of its motion to dismiss the section 121.23 administrative hearing because Havener failed

Pridgeon v. STATE DIV. OF RETIREMENT

662 So. 2d 1028, 1995 WL 686041

District Court of Appeal of Florida | Filed: Nov 21, 1995 | Docket: 1282907

Cited 2 times | Published

examination by the Division of Retirement. See § 121.23(2)(a), Florida Statutes (1993); Fla. Admin. Code

Blanton v. Division of Retirement

480 So. 2d 134, 10 Fla. L. Weekly 2712, 1985 Fla. App. LEXIS 16923

District Court of Appeal of Florida | Filed: Dec 10, 1985 | Docket: 1220316

Cited 2 times | Published

conducted before the Commission, pursuant to Section 121.23(2), Florida Statutes. Appellant's treating

Kennedy v. Wiggins

368 So. 2d 454

District Court of Appeal of Florida | Filed: Mar 14, 1979 | Docket: 1389410

Cited 2 times | Published

matters relating to disability retirement. In Section 121.23(2)(a), the commission was given broad authority

Caldwell v. DIV. OF RET., FLA. DEPT. OF AD.

344 So. 2d 923

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 474767

Cited 2 times | Published

award Caldwell costs and attorney's fees under Section 121.23(2)(a), Florida Statutes (1975). Caldwell, a

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

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

District Court of Appeal of Florida | Filed: Nov 5, 2009 | Docket: 2533975

Cited 1 times | Published

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

Daniels v. Division of Retirement

389 So. 2d 340, 1980 Fla. App. LEXIS 17862

District Court of Appeal of Florida | Filed: Oct 27, 1980 | Docket: 1282023

Cited 1 times | Published

her husband, a fireman, due to heart disease. Section 121.23, Florida Statutes (1979). The fireman suffered

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

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

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 64856895

Published

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

Carver v. State, Division of Retirement

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

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823876

Published

contrary to this court’s interpretation of section 121.23(2)(a), Florida Statutes, in Nichols v. Division

Jackson v. State, Division of Retirement

813 So. 2d 281, 2002 Fla. App. LEXIS 4799, 2002 WL 553395

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64814172

Published

should have determined the Division’s motions. Section 121.23(2), Florida Statutes (2001), authorizes the

Pender v. State Retirement Commission

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

District Court of Appeal of Florida | Filed: Oct 22, 1999 | Docket: 64791676

Published

Retirement, 621 So.2d 543, 544 (Fla. 1st DCA 1993); § 121.23(4), Fla. Stat. (1997). Although Pender herself

Otero v. State Retirement Commission

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

District Court of Appeal of Florida | Filed: Nov 13, 1998 | Docket: 64784381

Published

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

Nickols v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 64748508

Published

is the following: [T]he Commission has read section 121-23(2)(a), Florida Statutes, as requiring appellant

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

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

District Court of Appeal of Florida | Filed: Jul 13, 1993 | Docket: 64697662

Published

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

Alsobrook v. State, Division of Retirement

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

District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64668528

Published

Division Administrator and requests a hearing. Section 121.23(2), Fla. Stat. (1991). In this instance, the

Department of Administration, Division of Retirement v. McInerney

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

District Court of Appeal of Florida | Filed: Apr 13, 1992 | Docket: 64666758

Published

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

Andersen v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640623

Published

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

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

531 So. 2d 377, 13 Fla. L. Weekly 2134, 1988 Fla. App. LEXIS 4053, 1988 WL 93290

District Court of Appeal of Florida | Filed: Sep 13, 1988 | Docket: 64637135

Published

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

Andrews v. Division of Retirement

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

District Court of Appeal of Florida | Filed: Jun 5, 1987 | Docket: 64627809

Published

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

Ago

Florida Attorney General Reports | Filed: Feb 13, 1985 | Docket: 3259008

Published

include the above-described certification. Section 121.23, F.S., sets forth procedural guidelines for

Brantley v. Division of Retirement

463 So. 2d 1222, 23 Educ. L. Rep. 447, 10 Fla. L. Weekly 401, 1985 Fla. App. LEXIS 12337

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 64610037

Published

This court’s standard of review is limited by § 121.23(4), Fla.Stat. (1983). Kennedy v. Wiggins, 368

Castiglia v. Division of Retirement, State Department of Administration

442 So. 2d 1007, 1983 Fla. App. LEXIS 24361

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 64601791

Published

before the Retirement Commission pursuant to Section 121.23. After an evidentiary hearing, the Commission

Pierce v. Division of Retirement

410 So. 2d 669, 1982 Fla. App. LEXIS 19474

District Court of Appeal of Florida | Filed: Mar 10, 1982 | Docket: 64588312

Published

of administrative appeal on the basis that section 121.23(3), Florida Statutes (1981), provides that

Seward v. Department of Administration, Division of Retirement

366 So. 2d 82, 1978 Fla. App. LEXIS 17010

District Court of Appeal of Florida | Filed: Dec 28, 1978 | Docket: 64567944

Published

of SCOERS could petition for a hearing under § 121.-23(2).4 Petitioner then filed this petition for review