The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 122
STATE AND COUNTY OFFICERS AND EMPLOYEES RETIREMENT SYSTEM

View Entire Chapter

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.

F.S. 122.05 on Google Scholar

F.S. 122.05 on Casetext

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 from cite.case.law:

COURTHOUSE NEWS SERVICE, v. D. PLANET,, 750 F.3d 776 (9th Cir. 2014)

. . . pending state proceeding involving important state interests); see also 17A Moore’s Federal Practice § 122.05 . . .

SIERRA, v. CITY OF NEW YORK J., 528 F. Supp. 2d 465 (S.D.N.Y. 2008)

. . . Moore's Federal Practice § 122.05[l][c], . . .

OFFICE OF THE CHILD ADVOCATE v. G. LINDGREN, Jr., 296 F. Supp. 2d 178 (D.R.I. 2004)

. . . of matters other than judicial proceedings); 17A James WM Moore, et ah, Moore’s Federal Practice § 122.05 . . .

LONDONO- RIVERA v. VIRGINIA, 155 F. Supp. 2d 551 (E.D. Va. 2001)

. . . Moore, Moore’s Federal Practice § 122.05[l][c] (3d ed.); Erwin Cheme-rinsky, Federal Jurisdiction 694 . . .

WISCONSIN MANUFACTURERS COMMERCE, WMC ABC XYZ v. STATE OF WISCONSIN ELECTIONS BOARD, J. J. AMERICANS FOR LIMITED TERMS, INC. a ABC, a v. STATE OF WISCONSIN ELECTIONS BOARD, J., 978 F. Supp. 1200 (W.D. Wis. 1997)

. . . 106 S.Ct. 2718, 2722-2723, 91 L.Ed.2d 512 (1986); 17 James Moore et al., Moore’s Federal Practice § 122.05 . . .

A. M. SEAMON v. UPHAM,, 536 F. Supp. 931 (E.D. Tex. 1982)

. . . 93.04, 98.01, 98.02, 100, 114.02, 115, 116.01, 116.02, 117, 118, 119, 120, 121, 122.02, 122.03, 122.04, 122.05 . . .

UNITED STATES v. GRADY, 544 F.2d 598 (2d Cir. 1976)

. . . . §§ 122.05(a), 123.10(a) (1975). . . .

In ROSENBERG IRON METAL CO. DEMPSTER BROTHERS, INC. v. M. COHN,, 343 F.2d 527 (7th Cir. 1965)

. . . Wisconsin Statutes, § 122.05, reads in part: “(1) Every provision in a conditional sale reserving property . . . Statutes, § 122.11, reads in part: “The filing of conditional sales contracts provided for in sections 122.05 . . .

In ROSENBERG IRON METAL CO. a, 228 F. Supp. 12 (E.D. Wis. 1964)

. . . the Register of Deeds for Milwaukee County on June 18, 1958, pursuant to the requirements of Section 122.05 . . .

Co. v. T., 122 Fla. 283 (Fla. 1935)

. . . To this amount should have been added the June diyidends of 1928 and 1929, aggregating $122.05 to apply . . .

In WAYSIDE FURNITURE CO. UNION FURNITURE CO. v. GOETZ, 67 F.2d 201 (7th Cir. 1933)

. . . bankruptcy suit was not filed until October 22, 1932, it is valid against the trustee under section 122.05 . . . leases the goods covered by the conditional sale, or any legal successor in interest o{ such person. 122.05 . . .

In WAYSIDE FURNITURE CO. JOERNS BROS. FURNITURE CO. v. GOETZ, 65 F.2d 627 (7th Cir. 1933)

. . . Stats. 1931, § 122.05. . . .