Florida Statute 122.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 122
STATE AND COUNTY OFFICERS AND EMPLOYEES RETIREMENT SYSTEM

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F.S. 122.01

122.01 State and County Officers and Employees’ Retirement System; consolidation; divisions.—

(1) Former chapter 121, the State Officers and Employees’ Compulsory Retirement System, and former chapter 134, the County Officers and Employees’ Compulsory Retirement System, are hereby consolidated and shall be known as the “State and County Officers and Employees’ Retirement System.”

(2) Any person who is employed after the effective date of this chapter, July 1, 1955, by a county having a retirement system shall be a compulsory member of this retirement system unless he or she becomes a member of a local county retirement system at the time of employment.

(3) The rights of members of the retirement system established by former chapters 121 and 134, Florida Statutes, shall not be impaired, nor shall their benefits be reduced by virtue of any part of this chapter.

(4)(a) The State and County Officers and Employees’ Retirement System shall be deemed to be divided into two divisions to be designated division A and division B.

1. Division A of this system shall consist of those members of the system who were employed prior to July 1, 1963, who did not elect to become members of division B; and ss. 122.01-122.12, 122.15, 122.16, 122.18 to 122.20, inclusive and ss. 122.34 to 122.35, inclusive shall control with respect to division A and membership therein.

2. Division B of this system, established for the purposes and within the contemplation of s. 218(d)(6) of the federal Social Security Act [42 U.S.C.A. s. 418(d)(6)] for the purpose of affording to the members of said division B the opportunity to obtain federal social security coverage, shall consist of those members of the system who elected to or were required to become members of division B, as hereinafter provided, and ss. 122.21-122.24, 122.26 to 122.321 shall control with respect to division B and membership therein.

(b) Notwithstanding any provision to the contrary contained in this chapter, s. 122.34 shall apply with respect to sheriffs and high hazard deputy sheriffs, as provided for herein, to the extent that the provisions of such sections are at variance or in conflict with the sections otherwise applicable, and with respect to members who are classified as “high hazard” members as hereinafter defined, the provisions of ss. 122.03, 122.08, 122.27, and 122.28 shall be subject to the provisions of s. 122.34.

(5) Notwithstanding any provision contained herein to the contrary, the provisions of this chapter relating to age for retirement under s. 122.08 shall be subject to amendment or modification by subsequent legislation at any time and all other provisions of this chapter relating to the administration of the system or to the duties, rights, privileges, requirements, and benefits of those persons who become members on or after July 1, 1963, shall be subject to amendment, modification, deletion or substitution by act of the 1965 Legislature of the state and all such legislation shall apply retroactively to July 1, 1963, with respect to those persons who become members on or after July 1, 1963; provided, however, that such legislation shall not set the age for retirement, as specified in s. 122.08(1) to exceed the age of 65 years, nor shall such legislation affect any benefit which becomes payable to, or with respect to, such members prior to July 1, 1965.

History.—ss. 1, 25, 26, ch. 29801, 1955; s. 1, ch. 57-382; ss. 1, 2, ch. 63-555; s. 1, ch. 67-447; s. 1, ch. 69-127; s. 28, ch. 71-355; s. 779, ch. 95-147; s. 22, ch. 2014-17.

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Amendments to 122.01

Arrestable Offenses / Crimes under Fla. Stat. 122.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.01.

Annotations, Discussions, Cases:

Cases Citing Statute 122.01

Total Results: 20

LAUREL KELLY, as Martin County Property Appraiser and RUTH PIETRUSZEWSKI, as Martin County Tax Collector v. GREEN TREE SERVICING, LLC.

Court: District Court of Appeal of Florida | Date Filed: 2020-07-29

Snippet: statutory interpretation regarding section 197.122(1), Florida Statutes (2018), and priority of liens

DeFrances v. Furst

Court: District Court of Appeal of Florida | Date Filed: 2019-03-27

Citation: 267 So. 3d 525

Snippet: property" is subject to correction under section 197.122(1), Florida Statutes. Id. at 661. Kornfield had found

DeFrances v. Furst

Court: District Court of Appeal of Florida | Date Filed: 2019-03-27

Citation: 267 So. 3d 525

Snippet: property" is subject to correction under section 197.122(1), Florida Statutes. Id. at 661. Kornfield had found

SUSAN K. DEFRANCES v. BILL FURST, PROPERTY APPRAISER

Court: District Court of Appeal of Florida | Date Filed: 2019-03-27

Snippet: property" is subject to correction under section 197.122(1),

Williams Island Ventures v. Saiz De La Mora

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 246 So. 3d 471

Snippet: triggering an entitlement to interest. Section 193.122(1), Florida Statutes (2014), makes only the VAB responsible

Ashear v. Sklarey

Court: District Court of Appeal of Florida | Date Filed: 2018-01-17

Citation: 247 So. 3d 574

Snippet: 472(1), Florida Statutes (2010), and section 197.122(1), Florida Statutes (2010). Section 197.472(1)4

Miami-Dade County v. Lansdowne Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Citation: 235 So. 3d 960

Snippet: County’s tax lien, in contravention of section 197.122(1), Florida Statutes (2015), we reverse. Lansdowne’s

LINDA W. BOTTA, BETHANY B. BOYD and NANCY D. COLACHICCO v. CIKLIN, LUBITZ & O'CONNELL and BRIAN M. O'CONNELL, ESQ.

Court: District Court of Appeal of Florida | Date Filed: 2017-07-26

Citation: 222 So. 3d 605, 2017 WL 3169275, 2017 Fla. App. LEXIS 10691

Snippet: whether to grant a motion pursuant to section 47.122: (1) the convenience of the parties; (2) the convenience

Nikolits v. Haney

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 221 So. 3d 725, 2017 WL 2350298, 2017 Fla. App. LEXIS 7829

Snippet: VII, § 4, Fla. Const. To that end, section 197.122(1), Florida Statutes (2013), provides for revision

Villages of Avignon Community Development v. Ken Burton, Jr., Manatee County Tax Collector

Court: District Court of Appeal of Florida | Date Filed: 2017-03-17

Citation: 215 So. 3d 127, 2017 WL 1040739, 2017 Fla. App. LEXIS 3592

Snippet: municipalities shall levy ad valorem taxes. Section 197.122(1), Florida Statutes (2015), which codifies and effectuates

City of Key West v. Key West Golf Club Homeowners' Assoc. Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-26

Snippet: into the waters of the United States. 40 C.F.R. § 122.1. Because the City’s stormwater system discharges

Barton v. Metrojax Property Holdings, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Citation: 207 So. 3d 304

Snippet: 114 So.3d at 928 (noting that section 197.122(1) of the Florida Statutes provides that “[a]ll taxes

Dan Sowell, etc. v. Panama Commons L.P.

Court: Supreme Court of Florida | Date Filed: 2016-06-02

Citation: 192 So. 3d 27, 41 Fla. L. Weekly Supp. 249, 2016 WL 3090403, 2016 Fla. LEXIS 1149

Snippet: roll to the tax collector. See §§ 193.122(1)-(3); 197.322(1)-(2); 197.323(1), Fla. Stat. (2013)

Reed v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-05-27

Citation: 192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

Snippet: any animal in a cruel or inhumane.* manner”), .122(1)(b) (defining animal baiting as-“to attack with

Marshall Stranburg, in his official etc. v. Panama Commons L.P.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-07

Citation: 160 So. 3d 160

Snippet: assessment roll to the tax collector. See §§ 193.122(1)-(3); 197.322(1)-(2); 197.323(1), Fla. Stat. (2013)

Thomas J. Silvernail v. City of Tampa/ Commercial Risk, etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-26

Citation: 148 So. 3d 863

Snippet: rehearing under Florida Administrative Code Rule 60Q-6.122(1) rather than a motion to vacate the final order

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-09-20

Citation: 124 So. 3d 302, 2013 WL 5288863, 2013 Fla. App. LEXIS 14968

Snippet: real property for payment of such taxes. See § 197.122(1). To collect unpaid taxes, the legislature devised

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Supreme Court of Florida | Date Filed: 2013-05-16

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: established under chapter 695. For example, section 197.122(1), Florida Statutes (2004), provides that “[a]ll

Pep Boys v. Montilla

Court: District Court of Appeal of Florida | Date Filed: 2011-06-01

Citation: 62 So. 3d 1162, 2011 Fla. App. LEXIS 8077, 2011 WL 2135645

Snippet: whether to grant a motion pursuant to section 47.122:(1) the convenience of the parties; (2) the convenience

Turnberry Investments, Inc. v. Streatfield

Court: District Court of Appeal of Florida | Date Filed: 2010-11-24

Citation: 48 So. 3d 180, 2010 Fla. App. LEXIS 18006, 2010 WL 4740313

Snippet: property and its improvements."). [2] See § 197.122(1), Fla. Stat. (2010) ("All taxes imposed pursuant