Florida Statute 122.09 | 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. 122.09

122.09 Disability retirement; medical examinations.—Whenever any officer or employee of the state or county of the state has service credit as such officer or employee for 10 years within the contemplation of this law, the last 5 years of which, except for a single break not to exceed 1 year, must be continuous, unbroken service and who is regularly contributing to the State and County Officers and Employees’ Retirement Trust Fund and shall while holding such office or employment become permanently and totally disabled, physically or mentally, or both, from rendering useful and efficient service as such officer or employee, such officer or employee may retire from his or her office or employment, and upon such retirement the officer or employee shall be paid, so long as the permanent and total disability continues, on his or her own monthly requisition, from the State and County Officers and Employees’ Retirement Trust Fund hereinafter established, retirement compensation as provided in s. 122.08; provided that no officer or employee retiring under this section shall receive less than 50 percent of his or her average final compensation not to exceed $75. No officer or employee of the state and county of the state shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon or board of physicians and surgeons, to be selected by the Governor for that purpose, and found to be disabled in the degree and in the manner specified in this section. Any officer or employee retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the Governor for that purpose and paid from the retirement trust fund herein provided for, at such time as the Department of Management Services shall direct to determine if such total disability has continued and in the event it be disclosed by said examination that said total disability has ceased to exist, then such officer or employee shall forthwith cease to be paid benefits under this section. Reference to s. 122.08 is for the purpose of computing benefits only. Any person heretofore retired under this section shall be eligible to qualify for the minimum benefits provided herein; however, minimum benefits shall not be paid retroactively.

History.—s. 10, ch. 29801, 1955; s. 4, ch. 57-364; s. 2, ch. 61-119; ss. 2, 3, ch. 67-371; s. 1, ch. 69-121; s. 1, ch. 69-326; ss. 31, 35, ch. 69-106; s. 14, ch. 92-122; s. 64, ch. 92-279; s. 55, ch. 92-326; s. 787, ch. 95-147.

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Amendments to 122.09

Arrestable Offenses / Crimes under Fla. Stat. 122.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.09.

Annotations, Discussions, Cases:

Cases Citing Statute 122.09

Total Results: 7

DALK LAND, L.P. v. PETER G. GIAMPAOLI

Court: District Court of Appeal of Florida | Date Filed: 2022-09-14

Snippet: appellate jurisdiction under Monroe County Code § 122-9. We discern no such departure from the essential

In re Standard Jury Instructions in Criminal Cases—Report No. 2008-07

Court: Supreme Court of Florida | Date Filed: 2009-02-26

Citation: 3 So. 3d 1172, 34 Fla. L. Weekly Supp. 231, 2009 Fla. LEXIS 255, 2009 WL 465822

Snippet: make the instruction consistent with section 828.122(9)(a), Florida Statutes. .The amendments as reflected

Hartley v. Department of Management Services, Division of Retirement

Court: District Court of Appeal of Florida | Date Filed: 1998-06-19

Citation: 711 So. 2d 1380, 1998 Fla. App. LEXIS 7432, 1998 WL 320125

Snippet: from rendering useful and efficient service-” § 122.09, Fla. Stat. (1995). An employee is permanently

State v. Davis

Court: Supreme Court of Florida | Date Filed: 1971-01-20

Citation: 243 So. 2d 587

Snippet: own use the sum of [a specified sum of money: $1,122.09 in count one and $2,466.16 in count two * * *."

Davis v. Bank of Clearwater

Court: District Court of Appeal of Florida | Date Filed: 1966-09-28

Citation: 190 So. 2d 789, 1966 Fla. App. LEXIS 4951

Snippet: from the Bank of Clearwater the total sum of $1,122.09 for the account of Ida M. Brown. s/ Richard C.

Tyner v. McDonald

Court: Supreme Court of Florida | Date Filed: 1953-02-24

Citation: 63 So. 2d 504, 1953 Fla. LEXIS 1128

Snippet: for a point of beginning; thence N. 89°2(y- W, 122.9 feet; thence S O0-^ E, 79.0 feet; thence N 89°-06'

Southern States Fire Insurance v. Vann

Court: Supreme Court of Florida | Date Filed: 1915-04-28

Citation: 69 Fla. 549, 68 So. 647, 1915 Fla. LEXIS 408

Snippet: Hekla Fire Ins. Co., 75 Iowa 11, 39 N. W. Rep. 122, 9 Am. St. Rep. 450; Fitchner v. Fidelity Mut. Fire