Florida Statute 122.05 | 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. 122.05

122.05 Legislator services included.—

(1) The aggregate days of service heretofore or hereafter rendered the State Legislature as a member of the Senate or House of Representatives by any participants of the State and County Officers and Employees’ Retirement System shall be computed as a part of the aggregate years of state or county service of such participant in said retirement system, and it shall be the duty of state officials administering the provisions of said system to allow any such participant such legislative service, together with other service rendered by such participant to the state or county.

(2) The department and state officials administering said retirement system shall make the contribution deductions required by law from the compensation hereafter received by any of the said participating members of the Legislature for service rendered the State Legislature in the same manner as in the case of other state employment.

(3) Any member of the Legislature on the effective date of this chapter may claim credit for all prior service as such member by paying into the State and County Officers and Employees’ Retirement Trust Fund the required amount as computed by the division, plus 3-percent interest compounded annually until July 1, 1975, and thereafter at the rate of 6.5-percent interest compounded annually until date of payment and upon making such payment shall be entitled to receive credit for his or her full terms as such legislator. Provided further that any member of the Legislature who previously had vested rights under the retirement law would not have his or her benefits accumulated at the time he or she takes office as such legislator reduced by virtue of such service as a legislator.

(4) Any member of the Legislature who had vested rights under the retirement law, prior to becoming a member of the Legislature, may use the average salary of the best 10 years of the last 15 years of creditable service earned prior to becoming a member of the Legislature.

(5) Any member of the Legislature who is a member of any state and county retirement system on the effective date, or any future member of the Legislature, may pay into any state and county retirement trust fund, based on his or her prior or future service, 45 percent of his or her salary for the first 10 years of service, 60 percent of his or her salary for the second 10 years, and 75 percent of his or her salary for the third 10 years, said salary to be considered during his or her total service, $100 per month. In computing the retirement benefit for such members of the Legislature, the average final compensation shall be the amount that a 6-percent contribution would have applied to produce the contribution required above.

History.—s. 5, ch. 29801, 1955; s. 1, ch. 59-461; s. 2, ch. 61-119; s. 1, ch. 67-581; ss. 31, 35, ch. 69-106; s. 5, ch. 74-328; s. 783, ch. 95-147; s. 56, ch. 99-255.

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Amendments to 122.05

Arrestable Offenses / Crimes under Fla. Stat. 122.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.05.

Annotations, Discussions, Cases:

Cases Citing Statute 122.05

Total Results: 20

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: motion to vacate the final order under rule 60Q-6.122(5) — was filed 11 days late because it was received

Crain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

Citation: 79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

Snippet: "license or . . . privilege." Under subsection *122 (5), however, because the state did not prove that

Holland v. CHENEY BROS., INC.

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

Citation: 22 So. 3d 648, 2009 Fla. App. LEXIS 15573, 2009 WL 3278710

Snippet: order not yet final. See Fla. Admin. Code R. 60Q-6.122(5) (stating JCC's act of vacating order is discretionary)

Raban v. Federal Express

Court: District Court of Appeal of Florida | Date Filed: 2009-06-09

Citation: 13 So. 3d 140, 2009 Fla. App. LEXIS 7200, 2009 WL 1586816

Snippet: order not yet final." Fla. Admin. Code R. 60Q-6.122(5). "Once an unambiguous order becomes final, the

Batista v. Publix Supermarkets, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-10-22

Citation: 993 So. 2d 570, 2008 WL 4643791

Snippet: 25(5)(a), Florida Statutes (2007), and Rule 60Q-6.122(5) of the Florida Administrative Code. Section 440

Thompson v. State

Court: Supreme Court of Florida | Date Filed: 2008-08-28

Citation: 990 So. 2d 482, 2008 WL 3926857

Snippet: scoresheet that showed a permissible sentencing range of 122.5 months to 204.2 months in state prison. However

Thompson v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-03-02

Citation: 949 So. 2d 1169, 2007 WL 620962

Snippet: established a minimum discretionary sentence of 122.5 months and a maximum discretionary sentence of 204

By v. Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2004-11-10

Citation: 887 So. 2d 1253, 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335

Snippet: paramount consideration); see also, §§ 63.022(2)(l), 63.122(5), 63.142(4), Fla. Stat. (2002). This duty exists

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: committee proposes amending Florida Probate Rules 5.122, 5.205, 5.240, 5.342, 5.385, 5.407, 5.430, 5.496,

Frenz Enterprises, Inc. v. Port Everglades

Court: District Court of Appeal of Florida | Date Filed: 1999-11-24

Citation: 746 So. 2d 498, 1999 WL 1062517

Snippet: counts regarding the Port's failure to: I) pay for 122.5 hours of lay time (down time), removal of fourteen

Government Employees Ins. Co. v. Burns

Court: District Court of Appeal of Florida | Date Filed: 1996-05-01

Citation: 672 So. 2d 834, 1996 WL 13990

Snippet: No such requirement is contained in section 47.122. [5] A sua sponte order transferring venue in a criminal

Derrick & Associates Pathology, PA v. Kuehl

Court: District Court of Appeal of Florida | Date Filed: 1993-05-07

Citation: 617 So. 2d 866, 1993 Fla. App. LEXIS 4980, 1993 WL 143952

Snippet: 041, venue can be changed pursuant to section 47.122,[5] the "forum nonconveniens" statute. Counts three

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: previously found only in the-statutes are Rules 5,050, 5.122, 5.171, 5,180, 5.201, -5,23⅝ 5.270, -5.2-75, 5.355

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1991-08-22

Citation: 584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Snippet: previously found only in the statutes are rules 5.050, 5.122, 5.171, 5.180, 5.201, 5.235, 5.270, 5.275, 5.355,

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: previously found only in the statutes are Rules 5.050, 5.122, 5.171, 5.180, 5.201, 5.235, 5.270, 5.275, 5.340,

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: previously found only in the statutes are Rules 5.050, 5.122, 5.171, 5.180, 5.201, 5.235, 5.270, 5.275, 5.340,

Saudi Arabian Airlines Corp. v. Dunn

Court: District Court of Appeal of Florida | Date Filed: 1983-09-14

Citation: 438 So. 2d 116

Snippet: Schreiber v. Revelon Products Corp., 171 N.Y.S.2d 122, 5 A.D.2d 207 (N.Y. App. Div. 1958). Admittedly these

Department of Health & Rehabilitative Services v. Lasky Baby

Court: District Court of Appeal of Florida | Date Filed: 1982-04-07

Citation: 416 So. 2d 1148, 1982 Fla. App. LEXIS 19748

Snippet: a written report to the Department. Sections 63.122(5) & (8), Florida Statutes, are, in pertinent part

Solomon v. McLucas

Court: District Court of Appeal of Florida | Date Filed: 1980-03-05

Citation: 382 So. 2d 339

Snippet: such a study is mandated or authorized by § 63.122(5) (to be filed within 90 days) but that study is

McRay v. B. A. Schiff & Associates

Court: District Court of Appeal of Florida | Date Filed: 1958-10-30

Citation: 106 So. 2d 212

Snippet: benefits for permanent partial disability, for 122.5 weeks for 35 percent permanent partial disability