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Florida Statutes, Title X

Florida/Statutes

← All Florida coverage

Title X, Public Officers, Employees, and Records

13 chapters · 495 sections in this title.

All chapters in Title X495 Ch 112, Public Officers and Employees: Gener…164 Ch 110, State Employment86 Ch 121, Florida Retirement System68 Ch 120, Administrative Procedure Act39 Ch 122, State and County Officers and Employ…33 Ch 117, Notaries Public26 Ch 116, Powers and Duties of Officers21 Ch 119, Public Records20 Ch 115, Leaves of Absence to Officials and E…14 Ch 111, Public Officers: General Provisions9 Ch 113, Commissions8 Ch 114, Vacating Office5 Ch 118, Civil-law Notaries2

68 sections·Filtered byTitle X✕Ch 121✕

Fla. Stat. § 121.011 Florida Retirement System
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(1) SHORT TITLE.—This chapter shall be known and cited as the “Florida Retirement System Act.”(2) CONSOLIDATION OF EXISTING SYSTEMS AND LAWS.—(a) Any officer or employee who is elected, appointed, or employed by the state or any subdivision thereof on or after December 1, 1970, s…
Fla. Stat. § 121.012 Inclusive provisions
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The provisions of part I of this chapter shall be applicable to parts II and III to the extent such provisions are not inconsistent with, or duplicative of, the provisions of parts II and III.History.—s. 1, ch. 2012-222.
Fla. Stat. § 121.021 Definitions
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The following words and phrases as used in this chapter have the respective meanings set forth unless a different meaning is plainly required by the context:(1) Gender-specific language whenever used in this chapter includes the other gender.(2) “Existing systems” means the State…
Fla. Stat. § 121.025 Administrator; powers and duties
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The secretary of the Department of Management Services shall be the administrator of the retirement and pension systems assigned or transferred to the Department of Management Services by law and shall have the authority to sign the contracts necessary to carry out the duties and…

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Fla. Stat. § 121.031 Administration of system; appropriation; oaths; actuarial studies; public records

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(1) The Department of Management Services has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon the department and to adopt rules as are necessary for the effective and efficient administration of this sys…

Fla. Stat. § 121.0312 Review; actuarial valuation report; contribution rate determination process

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The Governor, Chief Financial Officer, and Attorney General, sitting as the Board of Trustees of the State Board of Administration, shall review the actuarial valuation report prepared in accordance with the provisions of this chapter. The Board shall review the process by which …

Fla. Stat. § 121.045 Consolidation of liabilities and assets; existing systems

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(1) Effective December 1, 1970, the existing systems and the Florida Retirement System shall be consolidated and the system shall assume:(a) All liabilities related to the payment of benefits to members and their beneficiaries; and(b) All obligations in regard to funding and admi…

Fla. Stat. § 121.046 Merger of the Judicial Retirement System into the Florida Retirement System Act

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(1) Any person who is elected or appointed to office in this state as Supreme Court justice, district court of appeal judge, or circuit judge on or after July 1, 1972, shall not be eligible for membership, rights, or any privileges under former chapter 123, the Judicial Retiremen…

Fla. Stat. § 121.047 Consolidation of liabilities and assets; Institute of Food and Agricultural Sciences Supplemental Retirement Program; restriction

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(1) Effective July 1, 2007, the Institute of Food and Agricultural Sciences Supplemental Retirement Program, as established under s. 121.40, shall be consolidated under the Florida Retirement System and the system shall assume:(a) All liabilities related to the payment of supplem…

Fla. Stat. § 121.051 Participation in the system

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(1) COMPULSORY PARTICIPATION.—(a) Participation in the Florida Retirement System is compulsory for all officers and employees, except elected officers who meet the requirements of s. 121.052(3), who are employed on or after December 1, 1970, by an employer other than those referr…

Fla. Stat. § 121.0511 Revocation of election and alternative plan

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The governing body of any municipality or independent special district that has elected to participate in the Florida Retirement System may revoke its election in accordance with the following procedure:(1) No more than 30 days and at least 7 days before adopting a resolution to …

Fla. Stat. § 121.0515 Special Risk Class

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1(1) ESTABLISHMENT OF CLASS.—A separate class of membership within the Florida Retirement System, to be known as the “Special Risk Class,” is established to recognize that persons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency m…

Fla. Stat. § 121.052 Membership class of elected officers

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(1) ESTABLISHMENT OF CLASS.—There is hereby established a separate class of members within the Florida Retirement System, which hereafter may be cited as the “Elected Officers’ Class.” Unless the context otherwise requires, any reference to said class shall also be construed as a…

Fla. Stat. § 121.053 Participation in the Elected Officers’ Class for retired members

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(1) A member who retired under an existing system as defined in s. 121.021 and receives a retirement benefit, and who subsequently serves in an office covered by the Elected Officers’ Class for a period of at least 6 years, is entitled to receive an additional retirement benefit …

Fla. Stat. § 121.055 Senior Management Service Class

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There is hereby established a separate class of membership within the Florida Retirement System to be known as the “Senior Management Service Class,” which shall become effective February 1, 1987.(1)(a) Participation in the Senior Management Service Class shall be limited to and …

Fla. Stat. § 121.061 Funding

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(1) Commencing December 1, 1970, all employers withholding contributions required of members under this chapter for purposes of providing retirement benefits and social security benefits to or on behalf of such members shall budget, set aside, and pay over to the administrator, f…

Fla. Stat. § 121.071 Contributions

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Contributions to the system shall be made as follows:(1) The following tables state the required retirement contribution rates for members of the Regular Class, Special Risk Class, or Special Risk Administrative Support Class and their employers in terms of a percentage of the me…

Fla. Stat. § 121.081 Past service; prior service; contributions

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Conditions under which past service or prior service may be claimed and credited are:(1)(a) Past service, as defined in s. 121.021, may be claimed as creditable service by officers or employees of a municipality, metropolitan planning organization, charter school, charter technic…

Fla. Stat. § 121.085 Creditable service

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The following provision shall apply to creditable service as defined in s. 121.021(17): no creditable service which remained unclaimed at retirement may be claimed or purchased after a retirement benefit payment has been cashed or deposited.History.—s. 6, ch. 2000-347; s. 36, ch.…

Fla. Stat. § 121.091 Benefits payable under the system

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Benefits may not be paid under this section unless the member has terminated employment as provided in s. 121.021(39)(a) or begun participation in the Deferred Retirement Option Program as provided in subsection (13), and a proper application has been filed in the manner prescrib…

Fla. Stat. § 121.095 Florida Retirement System Preservation of Benefits Plan Trust Fund

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(1) The Florida Retirement System Preservation of Benefits Plan Trust Fund is created within the Division of Retirement.(a) Funds to be credited to the trust fund shall consist of Florida Retirement System monthly retirement contributions required to meet the requirements for pay…

Fla. Stat. § 121.1001 Florida Retirement System Preservation of Benefits Plan

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Effective July 1, 1999, the Florida Retirement System Preservation of Benefits Plan is established as a qualified governmental excess benefit arrangement pursuant to s. 415(m) of the Internal Revenue Code. The Preservation of Benefits Plan is created as a separate portion of the …

Fla. Stat. § 121.101 Cost-of-living adjustment of benefits

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(1) The purpose of this section is to provide cost-of-living adjustments to the monthly benefits payable to retired members of state-supported retirement systems.(2) As used in this section, “initial benefit” means the first monthly benefit payable to a retiree or beneficiary in …

Fla. Stat. § 121.111 Credit for military service

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(1) Creditable service of any member shall also include military service as defined in s. 121.021(20)(a) if:(a) The member is in the active employ of an employer immediately prior to such service and leaves a position, other than a temporary position, for the purpose of induction…

Fla. Stat. § 121.1115 Purchase of retirement credit for out-of-state or federal service

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Effective January 1, 1995, a member may purchase creditable service for periods of public employment in another state and receive creditable service for such periods of employment. Service with the Federal Government, including any active military service, may be claimed. Upon co…

Fla. Stat. § 121.1122 Purchase of retirement credit for in-state public service and in-state service in accredited nonpublic schools and colleges, including charter schools and charter technical career centers

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Effective January 1, 1998, a member of the Florida Retirement System may purchase creditable service for periods of certain public or nonpublic employment performed in this state, as provided in this section.(1) PURCHASE OF RETIREMENT CREDIT AUTHORIZED.—Subject to the provisions …

Fla. Stat. § 121.121 Authorized leaves of absence

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(1) A member may purchase creditable service for up to 2 work years of authorized leaves of absence, including any leaves of absence covered under the Family Medical Leave Act, if:(a) The member has completed the years of creditable service required for vesting, excluding periods…

Fla. Stat. § 121.122 Renewed membership in system

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(1) Except as provided in s. 121.053, effective July 1, 1991, through June 30, 2010, any retiree of a state-administered retirement system who is initially reemployed in a regularly established position with a covered employer, including an elective public office that does not qu…

Fla. Stat. § 121.125 Credit for workers’ compensation payment periods

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A member of the retirement system created by this chapter who has been eligible or becomes eligible to receive workers’ compensation payments for an injury or illness occurring during his or her employment while a member of any state retirement system shall, upon return to active…

Fla. Stat. § 121.131 Benefits exempt from taxes and execution

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The benefits accrued to any person under the provisions of this chapter and the accumulated contributions, securities, or other investments in the trust funds hereby created are exempt from any state, county, or municipal tax of the state and shall not be subject to assignment, e…

Fla. Stat. § 121.133 Cancellation of uncashed warrants

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Notwithstanding the provisions of s. 17.26 or s. 717.123 to the contrary, if any state warrant issued by the Chief Financial Officer for the payment of retirement benefits from the Florida Retirement System Trust Fund, or any other pension trust fund administered by the departmen…

Fla. Stat. § 121.135 Annual report to Legislature concerning state-administered retirement systems

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The department shall make to each regular session of the Legislature a written report on the operation and condition of the state-administered retirement systems.History.—s. 3, ch. 72-345; s. 2, ch. 77-286; s. 21, ch. 79-183; s. 35, ch. 84-254; s. 58, ch. 92-279; s. 55, ch. 92-32…

Fla. Stat. § 121.136 Annual benefit statement to members

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Each year the department shall provide each active member of the Florida Retirement System with 5 or more years of creditable service an annual statement of benefits that provides the member with basic data about the member’s retirement account. At a minimum, it must include the …

Fla. Stat. § 121.141 Appropriation

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(1) There is annually appropriated from the System Trust Fund a sufficient amount to make such payments as are provided in part I of this chapter.(2) The funds required to provide payments to beneficiaries of members who die subsequent to the completion of 20 years of creditable …

Fla. Stat. § 121.151 Investments

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The Board of Administration, created by authority of the State Constitution, shall invest and reinvest available funds of the System Trust Fund in accordance with the provisions of ss. 215.44-215.53.History.—s. 15, ch. 70-112; s. 7, ch. 81-295.

Fla. Stat. § 121.161 References to other laws include amendments

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References in this chapter to state or federal laws or agreements are intended to include such laws as they now exist or may hereafter be amended.History.—s. 16, ch. 70-112; s. 22, ch. 2011-68.

Fla. Stat. § 121.181 Effective date

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For the purpose of activating and implementing the Florida Retirement System this chapter shall take effect on December 1, 1970, but for all other purposes it shall take effect July 1, 1970.History.—s. 19, ch. 70-112.

Fla. Stat. § 121.1815 Special pensions to individuals; administration of laws by Department of Management Services

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All powers, duties, and functions related to the administration of laws providing special pensions to individuals, including chapter 18054, Laws of Florida, 1937; chapter 26788, Laws of Florida, 1951, as amended by chapter 57-871, Laws of Florida; chapter 26836, Laws of Florida, …

Fla. Stat. § 121.182 Retirement annuities authorized for city and county personnel

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Municipalities and counties are authorized to purchase annuities for all municipal and county personnel with 25 or more years of creditable service who have reached age 50 and have applied for retirement under the Florida Retirement System. No such annuity shall provide for more …

Fla. Stat. § 121.1905 Division of Retirement; creation

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There is created the Division of Retirement within the Department of Management Services.History.—s. 30, ch. 94-249; s. 44, ch. 99-255; s. 14, ch. 2009-209.

Fla. Stat. § 121.191 Special acts prohibited

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After July 1, 1972, there shall not be enacted any special act or general law of local application which proposes to amend, alter, or contravene the provisions of any state-administered retirement system or any state-supported retirement system established by general law.History.…

Fla. Stat. § 121.192 State retirement actuary

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The department may employ an actuary. Such actuary shall, together with such other duties as the secretary may assign, be responsible for:(1) Advising the secretary on actuarial matters of the state retirement systems.(2) Making periodic valuations of the retirement systems.(3) P…

Fla. Stat. § 121.193 External compliance audits

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(1) The department shall conduct audits of the payroll and personnel records of participating agencies. These audits shall be made to determine the accuracy of reports submitted to the department and to assess the degree of compliance with applicable statutes, rules, and coverage…

Fla. Stat. § 121.22 State Retirement Commission; creation; membership; compensation

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(1) There is created within the Department of Management Services a State Retirement Commission composed of five members: Two members who are retired under a state-supported retirement system administered by the department; two members who are active members of a state-supported …

Fla. Stat. § 121.23 Disability retirement and special risk membership applications; Retirement Commission; powers and duties; judicial review

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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 memb…

Fla. Stat. § 121.231 Attorney’s fees and costs under s. 121.23(2)(a); funding

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There is appropriated from the Florida Retirement System Trust Fund sufficient funds, not to exceed $300,000 annually, to pay attorney’s fees and taxable costs as directed by the State Retirement Commission in accordance with s. 121.23(2)(a).History.—s. 22, ch. 97-180.

Fla. Stat. § 121.24 Conduct of commission business; legal and other assistance; compensation

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(1) The commission shall conduct its business within the following guidelines:(a) For purposes of hearing appeals under s. 121.23, the commission may meet in panels of no fewer than three members. A quorum shall consist of three members. The concurring vote of a majority of the m…

Fla. Stat. § 121.30 Statements of purpose and intent and other provisions required for qualification under the Internal Revenue Code of the United States

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Any other provisions in this chapter to the contrary notwithstanding, it is specifically provided that:(1) The purpose of this chapter is to provide pension benefits for the exclusive benefit of the member employees or their beneficiaries.(2) No part of the principal or income of…

Fla. Stat. § 121.35 Optional retirement program for the State University System

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(1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The Department of Management Services shall establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for eligible members of the State University System who elect to partic…

Fla. Stat. § 121.355 Community College Optional Retirement Program and State University System Optional Retirement Program member transfer

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Effective January 1, 2009, through December 31, 2009, an employee who is a former member of the Community College Optional Retirement Program or the State University System Optional Retirement Program and present mandatory member of the Florida Retirement System Pension Plan may …