Florida Statutes

Fla. Stat. § 121.23 (2025)

Disability retirement and special risk membership applications; Retirement Commission; powers and duties; judicial review.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 26 cases, 1976–2009 · leading case: Nickols v. Div. of Ret., 637 So. 2d 261 (Fla. 1st DCA 1994).

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Nickols v. Div. of Ret., 637 So. 2d 261 (Fla. 1st DCA 1994). · cites it 22× “An employee who is unsuccessful before the administrator, however, has the right to de novo determination before the Commission of eligibility for total and permanent disability benefits under section 121.23, Florida Statutes. The Commission’s determination of eligibility for…”

Henry v. State, Dept. of Admin., Div. Of Ret., 431 So. 2d 677 (Fla. 1st DCA 1983). · cites it 2× “[3] Section 121.23, Florida Statutes, as to this agency's actions and decisions, required only "reasonable notice .”

Havener v. Div. of Ret., 461 So. 2d 231 (Fla. 1st DCA 1984). · cites it 4× “The Division notified him that it had approved regular disability benefits but denied in-line-of-duty benefits, and Havener applied for and was granted an administrative hearing with the State Retirement Commission pursuant to section 121.23, Florida Statutes (1983). The…”

Blanton v. Div. of Ret., 480 So. 2d 134 (Fla. 1st DCA 1985). · cites it 4× “Upon appellant's petition, an administrative hearing was conducted before the Commission, pursuant to Section 121.23(2), Florida Statutes. Appellant's treating physician, Dr.”

Caldwell v. Div. Of Ret., Fla. Dept. of Ad., 344 So. 2d 923 (Fla. 1st DCA 1977). · cites it 5× “by failing to award Caldwell costs and attorney's fees under Section 121.23(2)(a), Florida Statutes (1975).”

Pierce v. Div. of Ret., 410 So. 2d 669 (Fla. 1st DCA 1982). · cites it 9× “Both motions sought dismissal of petitioner’s notice of administrative appeal on the basis that section 121.23(3), Florida Statutes (1981), provides that orders of the State Retirement Commission “shall be reviewable by the district court of appeal in the appellate district…”

Kennedy v. Wiggins, 368 So. 2d 454 (Fla. 1st DCA 1979). · cites it 3× “In Section 121.23(2)(a), the commission was given broad authority in its delegated area, including the power to "order any action that it deems appropriate.”

Pridgeon v. State Div. Of Ret., 662 So. 2d 1028 (Fla. 1st DCA 1995). · cites it 3× “See § 121.23(2)(a), Florida Statutes (1993); Fla.”

Bolinger v. Div. Of Retire., St. Dept. of Admin., 335 So. 2d 568 (Fla. 1st DCA 1976). · cites it 2× “Laws, § 121.23, F.S. 1975. The Commission ordered that Bolinger is "totally and permanently disabled" and so entitled to disability benefits from the Florida Retirement System but that she is not entitled to enhanced benefits payable to one so disabled "in line of duty.”

Amico v. Div. of Ret., Etc., 352 So. 2d 556 (Fla. 1st DCA 1977). “In November 1976, the Retirement Commission conducted the hearing prescribed by Section 121.23 for termination of benefits and sustained the decision of the Director of the Division of Retirement that petitioner is no longer disabled.”

Andrews v. Div. of Ret., 508 So. 2d 477 (Fla. 1st DCA 1987). · cites it 2× “§ 121.23, Fla.Stat. (1985); Havener v. Division of Retirement, 461 So.”

Crystal v. State, Dep't of Mgmt. Servs., Div. of Ret., 21 So. 3d 134 (Fla. 1st DCA 2009). · cites it 2× “1st DCA 2001); see also § 121.23(4), Fla. Stat. (2008). The Commission oversees chapter 121, which outlines the Florida Retirement System (“FRS”).”

Show all 26 citing cases →

— 121.23(2) — 4 cases

Blanton v. Div. of Ret., 480 So. 2d 134 (Fla. 1st DCA 1985). “Upon appellant's petition, an administrative hearing was conducted before the Commission, pursuant to Section 121.23(2), Florida Statutes. Appellant's treating physician, Dr.”

Bolinger v. Div. Of Retire., St. Dept. of Admin., 335 So. 2d 568 (Fla. 1st DCA 1976). “Laws, § 121.23, F.S. 1975. The Commission ordered that Bolinger is "totally and permanently disabled" and so entitled to disability benefits from the Florida Retirement System but that she is not entitled to enhanced benefits payable to one so disabled "in line of duty.”

Alsobrook v. State, Div. of Ret., 600 So. 2d 1173 (Fla. 1st DCA 1992).

Jackson v. State, Div. of Ret., 813 So. 2d 281 (Fla. 1st DCA 2002).

— 121.23(2)(a) — 5 cases

Nickols v. Div. of Ret., 637 So. 2d 261 (Fla. 1st DCA 1994). “An employee who is unsuccessful before the administrator, however, has the right to de novo determination before the Commission of eligibility for total and permanent disability benefits under section 121.23, Florida Statutes. The Commission’s determination of eligibility for…”

Caldwell v. Div. Of Ret., Fla. Dept. of Ad., 344 So. 2d 923 (Fla. 1st DCA 1977). “by failing to award Caldwell costs and attorney's fees under Section 121.23(2)(a), Florida Statutes (1975).”

Kennedy v. Wiggins, 368 So. 2d 454 (Fla. 1st DCA 1979). “In Section 121.23(2)(a), the commission was given broad authority in its delegated area, including the power to "order any action that it deems appropriate.”

Pridgeon v. State Div. Of Ret., 662 So. 2d 1028 (Fla. 1st DCA 1995). “See § 121.23(2)(a), Florida Statutes (1993); Fla.”

Carver v. State, Div. of Ret., 848 So. 2d 1203 (Fla. 1st DCA 2003).

— 121.23(2)(b) — 1 case

State v. Long, 50 Fla. Supp. 2d 144 (Fla. Okaloosa Cty. Ct. 1991).

— 121.23(3) — 1 case

Pierce v. Div. of Ret., 410 So. 2d 669 (Fla. 1st DCA 1982). “Both motions sought dismissal of petitioner’s notice of administrative appeal on the basis that section 121.23(3), Florida Statutes (1981), provides that orders of the State Retirement Commission “shall be reviewable by the district court of appeal in the appellate district…”

— 121.23(4) — 8 cases

Crystal v. State, Dep't of Mgmt. Servs., Div. of Ret., 21 So. 3d 134 (Fla. 1st DCA 2009). “1st DCA 2001); see also § 121.23(4), Fla. Stat. (2008). The Commission oversees chapter 121, which outlines the Florida Retirement System (“FRS”).”

Brantley v. Div. of Ret., 463 So. 2d 1222 (Fla. 1st DCA 1985).

Glisson v. State, Dep't of Mgmt. Servs., Div. of Ret., 621 So. 2d 543 (Fla. 1st DCA 1993).

— 121.23(4)(a) — 1 case

Alsobrook v. State, Div. of Ret., 600 So. 2d 1173 (Fla. 1st DCA 1992).

— 121.23(4)(b) — 1 case

Otero v. State Ret. Comm'n, 720 So. 2d 1147 (Fla. 5th DCA 1998).

— 121.23(4)(c) — 1 case

Pridgeon v. State Div. Of Ret., 662 So. 2d 1028 (Fla. 1st DCA 1995). “See § 121.23(2)(a), Florida Statutes (1993); Fla.”

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