The 2023 Florida Statutes (including Special Session C)

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.

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 from cite.case.law:

H. CRYSTAL, v. STATE DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 21 So. 3d 134 (Fla. Dist. Ct. App. 2009)

. . . State, Div. of Ret., 796 So.2d 644 (Fla. 1st DCA 2001); see also § 121.23(4), Fla. Stat. (2008). . . .

J. LAWRENCE, v. STATE DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 995 So. 2d 603 (Fla. Dist. Ct. App. 2008)

. . . See § 121.23(4), Fla. Stat. (2008). . . .

CARVER, v. STATE DIVISION OF RETIREMENT,, 848 So. 2d 1203 (Fla. Dist. Ct. App. 2003)

. . . the Commission applied a legal standard which is contrary to this court’s interpretation of section 121.23 . . . Before the Commission, section 121.23(2)(a), provides, in pertinent part, that: In cases involving disability . . . Construing section 121.23(2)(a), in Nichols this court held that this provision does not require the . . . at 263: WHERE A CLAIMANT SEEKS TOTAL AND PERMANENT DISABILITY BENEFITS IN A PROCEEDING UNDER SECTION 121.23 . . . competency, the error was not properly preserved for appellate review). .The 1997 version of section 121.23 . . .

JACKSON, v. STATE DIVISION OF RETIREMENT,, 813 So. 2d 281 (Fla. Dist. Ct. App. 2002)

. . . Section 121.23(2), Florida Statutes (2001), authorizes the Commission to hear appeals “on the merits . . . Section 121.24(1), Florida Statutes (2001), provides: (a) For purposes of hearing appeals under s. 121.23 . . .

L. MORRIS, v. DIVISION OF RETIREMENT,, 747 So. 2d 462 (Fla. Dist. Ct. App. 1999)

. . . . §§ 121.091(4)(c); 121.23(2)(a), Fla. Stat. See Hartley v. . . .

PENDER, v. STATE RETIREMENT COMMISSION,, 743 So. 2d 173 (Fla. Dist. Ct. App. 1999)

. . . State, Dept. of Management, Division of Retirement, 621 So.2d 543, 544 (Fla. 1st DCA 1993); § 121.23( . . . Division of Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984); § 121.23(4), Fla. Stat. (1997). . . . Insurance Comm’r and Treasurer, 330 So.2d 794 (Fla. 1st DCA 1976); § 121.23, Fla. Stat. (1997). . . .

L. OTERO, v. STATE RETIREMENT COMMISSION,, 720 So. 2d 1147 (Fla. Dist. Ct. App. 1998)

. . . See § 121.23(4)(b) and (e), Fla. Stat. (1997). REVERSED and REMANDED for further proceedings. . . .

PRIDGEON, v. STATE DIVISION OF RETIREMENT,, 662 So. 2d 1028 (Fla. Dist. Ct. App. 1995)

. . . See § 121.23(2)(a), Florida Statutes (1993); Fla.Admin.Code R. 60R-1.00481(2); Division of Retirement . . . Division of Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984); § 121.23(4)(c), Fla.Stat. (1993). . . .

In S. BRUMLIK,, 185 B.R. 887 (Bankr. M.D. Fla. 1995)

. . . are indebted to the first mortgagee in the sum of $547,063.38 plus interest accruing at the rate of $121.23 . . .

K. NICKOLS, v. DIVISION OF RETIREMENT,, 637 So. 2d 261 (Fla. Dist. Ct. App. 1994)

. . . Section 121.23(2)(a), Florida Statutes (1991), reads: The [Cjommission shall have the authority to issue . . . Assuming that one could conclude from a fair reading of the last sentence of section 121.23(2)(a) that . . . (2)(a)), lists among its intended purposes “amending s. 121.23, F.S.; limiting the review powers of the . . . [Section 121.23(2)(a):] The Retirement Commission shall have the authority to issue orders as a result . . . Because section 121.23(2)(a) permitted the Commission to “order any action that it deems appropriate, . . . Thus, the Commission has read section 121.23(2)(a), Florida Statutes, as requiring appellant to present . . . The Commission’s determination of eligibility for such benefits is controlled by section 121.23(2)(a) . . . Section 121.23(2)(a), Florida Statutes, formerly provided in pertinent part that "[t]he commission may . . . The current version of section 121.23(2)(a), Florida Statutes, is clear on its face that the Commission . . . The Legislature, by providing in the amended version of section 121.23(2)(a), Florida Statutes, that . . .

GLISSON, v. STATE DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 621 So. 2d 543 (Fla. Dist. Ct. App. 1993)

. . . Section 121.23(4), Fla.Stat. (1989). See Havener v. . . .

P. ALSOBROOK, v. STATE DIVISION OF RETIREMENT,, 600 So. 2d 1173 (Fla. Dist. Ct. App. 1992)

. . . Section 121.23(2), Fla. Stat. (1991). . . . Section 121.23(4)(a), Fla.Stat. (1991). . . .

DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, v. J. W. McINERNEY,, 597 So. 2d 358 (Fla. Dist. Ct. App. 1992)

. . . Appellee appealed the denial to the SRC pursuant to Section 121.23, Florida Statutes. . . .

STATE OF FLORIDA v. LONG, 50 Fla. Supp. 2d 144 (Okaloosa Cty. Ct. 1991)

. . . complaints; FS § 370.16(20) false returns as to oysters; FS § 876.10 false oath of public officer; FS § 121.23 . . .

L. PERCELL, v. INTERNATIONAL BUSINESS MACHINES, INC., 765 F. Supp. 297 (E.D.N.C. 1991)

. . . Larson, Employment Discrimination § 121.220-121.23 (1991). . . .

ANDERSEN, v. DIVISION OF RETIREMENT,, 538 So. 2d 929 (Fla. Dist. Ct. App. 1989)

. . . finding of fact where the decision of the Commission was supported by substantial evidence,” section 121.23 . . .

STATE DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, v. UNIVERSITY OF FLORIDA,, 531 So. 2d 377 (Fla. Dist. Ct. App. 1988)

. . . Section 121.23, Florida Statutes, providing for the powers and duties of the Retirement Commission, specifically . . .

ANDREWS, v. DIVISION OF RETIREMENT,, 508 So. 2d 477 (Fla. Dist. Ct. App. 1987)

. . . . § 121.23, Fla.Stat. (1985); Havener v. Division of Retirement, 461 So.2d 231 (Fla. 1st DCA 1984). . . .

WISCONSIN DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS v. GOULD INC., 475 U.S. 282 (U.S. 1986)

. . . . § 121.23 (1984). . . .

M. BLANTON, v. DIVISION OF RETIREMENT,, 480 So. 2d 134 (Fla. Dist. Ct. App. 1985)

. . . appellant’s petition, an administrative hearing was conducted before the Commission, pursuant to Section 121.23 . . . Section 121.23(4), Florida Statutes. . . .

E. BRANTLEY, v. DIVISION OF RETIREMENT,, 463 So. 2d 1222 (Fla. Dist. Ct. App. 1985)

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

E. HAVENER, v. DIVISION OF RETIREMENT,, 461 So. 2d 231 (Fla. Dist. Ct. App. 1984)

. . . The Division of Retirement cross-appeals the Commission’s denial of its motion to dismiss the section 121.23 . . . and was granted an administrative hearing with the State Retirement Commission pursuant to section 121.23 . . .

L. CASTIGLIA, v. DIVISION OF RETIREMENT, STATE DEPARTMENT OF ADMINISTRATION,, 442 So. 2d 1007 (Fla. Dist. Ct. App. 1983)

. . . benefits, and Castiglia petitioned for a hearing before the Retirement Commission pursuant to Section 121.23 . . . subject final order the Commission stated that its statutory jurisdiction was limited under Section 121.23 . . . Section 121.23 provides that the “provisions of this section shall apply to all proceedings respecting . . .

W. HENRY, v. STATE DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT,, 431 So. 2d 677 (Fla. Dist. Ct. App. 1983)

. . . retroactivity were to be heard, and not to any agency waiver of appellant’s waiver in 1978. .Section 121.23 . . .

BATTLE, v. ANDERSON,, 541 F. Supp. 1061 (E.D. Okla. 1982)

. . . Bane in the amount of $121.23. 8. . . .

In GOMES,, 19 B.R. 9 (Bankr. D.R.I. 1982)

. . . He is also allowed $121.23 in expenses. . . . .

J. PIERCE, v. DIVISION OF RETIREMENT,, 410 So. 2d 669 (Fla. Dist. Ct. App. 1982)

. . . motions sought dismissal of petitioner’s notice of administrative appeal on the basis that section 121.23 . . . The headquarters of respondent, the Division of Retirement, is located in Tallahassee, and if section 121.23 . . . on an additional ground, we find it necessary to discuss only whether section 120.68(2) or section 121.23 . . . In denying respondents’ motions to dismiss, we find that section 120.68(2) has replaced section 121.23 . . . Respondents argue that chapter 120 did not replace section 121.23(3) because section 121.23(3), though . . .

A. DANIELS, v. DIVISION OF RETIREMENT,, 389 So. 2d 340 (Fla. Dist. Ct. App. 1980)

. . . Section 121.23, Florida Statutes (1979). . . . matter to a DOAH hearing officer for hearing, because the Retirement Commission interprets Section 121.23 . . .

L. KENNEDY, Jr. v. N. WIGGINS, 368 So. 2d 454 (Fla. Dist. Ct. App. 1979)

. . . In Section 121.23(2)(a), the commission was given broad authority in its delegated area, including the . . . Section 121.23(2)(a) was enacted after Section 121.091(4)(b), which had made the decisions of the administrator . . . Section 121.23(4). . . .

CONROY, v. CONROY,, 575 F.2d 175 (8th Cir. 1978)

. . . . § 121.23, for the transfer of the beneficial title in and to the above-described real property to the . . . give full and fair consideration to the above-ordered application under the provisions of 25 C.F.R. §§ 121.23 . . .

P. AMICO, v. DIVISION OF RETIREMENT, DEPARTMENT OF ADMINISTRATION,, 352 So. 2d 556 (Fla. Dist. Ct. App. 1977)

. . . In November 1976, the Retirement Commission conducted the hearing prescribed by Section 121.23 for termination . . .

E. CALDWELL, v. DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION,, 344 So. 2d 923 (Fla. Dist. Ct. App. 1977)

. . . Caldwell’s contention that he is entitled to an attorney’s fee and costs under Section 121.23(2)(a), . . . Section 121.23(2)(a) does not specifically grant the Commission authority to award attorney’s fees and . . .

T. BOLINGER, v. DIVISION OF RETIREMENT, STATE DEPARTMENT OF ADMINISTRATION,, 335 So. 2d 568 (Fla. Dist. Ct. App. 1976)

. . . Ch. 75-248, Fla.Laws, § 121.23, F.S.1975. . . . Secs. 120.68(10), 121.23(4), F.S.1975. . . . See § 120.57(1) (a) 1, (b)3, § 121.23(2), F.S.1975. . . . .

Co. N. Y. v., 59 Cust. Ct. 600 (Cust. Ct. 1967)

. . . Packed #700 - $121.23 C. & F. Packed 4. . . . involved herein and that said values are: $113.88, C&F, packed, less ocean freight, for chair No. 5 $121.23 . . .

W. C. v., 58 Cust. Ct. 631 (Cust. Ct. 1967)

. . . Chair No. 700 $121.23 each C.I.F., packed. 4.That the ocean freight included in said C.I.F. prices is . . . $162.00 each, c.i.f., packed, less ocean freight equal to 8.72% of the c.i.f. price Chair No. 700 $121.23 . . .

McBRIDE, v. E. J. ROLAND,, 248 F. Supp. 459 (S.D.N.Y. 1965)

. . . . § 121.23). . . . . § 121.23). . . . Plaintiff’s third contention is directed to Sections 121.13 and 121.23 which provide for the establishment . . .

W. GRAHAM, v. C. RICHMOND,, 272 F.2d 517 (D.C. Cir. 1959)

. . . . (§121.23) If upon receipt of the appeal board’s recommendation the Commandant is still not satisfied . . .

DUPREE, v. UNITED STATES, 247 F.2d 819 (3d Cir. 1957)

. . . . § 121.23. . Id. § 121.25. . Id. §§ 121.27, 121.29, . Id. § 121.31. . Rayonier, Inc. v. . . .

PARKER v. LESTER, 112 F. Supp. 433 (N.D. Cal. 1953)

. . . Part 121.23(e). . . .