Florida Statute 121.24 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 121
FLORIDA RETIREMENT SYSTEM

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121.24 Conduct of commission business; legal and other assistance; compensation.—

(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 members present is required to reach a decision, issue orders, and conduct the business of the commission.

(b) The commission shall elect a chair and such other officers as it deems necessary. The chair or the chair’s designee shall conduct the meetings and hearings of the commission and shall take whatever action is necessary to ensure that the business of the commission is conducted in an equitable, orderly, and expeditious manner. All parties shall abide by the decisions of the chair or the chair’s designee, unless he or she is overruled by a majority of members present.

(2) Legal counsel for the commission may be provided by the Department of Legal Affairs or by the Department of Management Services, with the concurrence of the commission, and shall be paid by the Department of Management Services from the appropriate funds.

(3) The Department of Management Services shall provide timely and appropriate training for newly appointed members of the commission. Such training shall be designed to acquaint new members of the commission with the duties and responsibilities of the commission.

(4) The Department of Management Services shall furnish administrative and secretarial assistance to the commission and shall provide a place where the commission may hold its meetings.

(5) The State Retirement Commission 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 commission.

(6) The members of the commission shall be paid a stipend of $100 for each day spent on the work of the commission. Additionally, each member shall receive per diem and travel expenses as provided in s. 112.061. The official headquarters of each member, for the purpose of calculating per diem and travel expenses, shall be his or her permanent home address. Members of a state-administered retirement system who are appointed to the commission shall have their work on the commission considered as part of their regular job assignments and shall not be required to take leave while engaged in the business of the commission. The receipt of such stipend shall have no effect on the retirement benefits of a retired member of the commission.

History.—s. 1, ch. 75-248; s. 1, ch. 82-46; s. 9, ch. 83-76; ss. 15, 16, 17, ch. 86-149; s. 13, ch. 90-502; s. 1, ch. 92-63; s. 329, ch. 92-279; s. 55, ch. 92-326; s. 33, ch. 94-249; s. 1430, ch. 95-147; s. 49, ch. 99-255; s. 13, ch. 99-392; s. 3, ch. 2005-134; s. 16, ch. 2009-209.

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Amendments to 121.24

Annotations, Discussions, Cases:

Cases Citing Statute 121.24

Total Results: 4 | Sort by: Relevance | Newest First

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Miller v. State, Div. of Ret., 796 So. 2d 644 (Fla. 1st DCA 2001).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 1230262

...After listening to several witnesses' testimony and considering certain depositions, including the deposition of one Alan Waldman, M.D., the State Retirement Commission voted (six to one) to deny Mr. Miller's petition for in-the-line-of-duty disability retirement benefits. See § 121.24(1)(a), Fla....

...As regards this motion for reconsideration particularly, the Commission Chair was a "[p]residing officer ... qualified to resolve ... [the] procedural question[ ]." Fla. Admin. Code R. 28-106.102 (defining "presiding officer" to include a "person authorized by law to conduct administrative hearings"); see § 121.24(1)(b), Fla. Stat. (2000). See also Fla. Admin. Code R. 60R1.005(4). The Chair could and did "take ... action ... necessary to ensure that the business of the commission [wa]s conducted in an equitable, orderly and expeditious manner." § 121.24(1)(b), Fla....

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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

...dministrative Procedure Act. Thus, as an agency, it is legislatively directed by s. 120.53 , F. S., to adopt certain rules of organization, operation, practice, procedure, and the scheduling of meetings and hearings and agendas therefor. Pursuant to s. 121.24 (3), F....

...S., the Division of Retirement of the Department of Administration is required to furnish to the commission administrative and secretarial assistance necessary to the effectuation and implementation of s. 120.53 . It is also statutorily authorized by s. 121.24 (1)(b) to organize and operate within the following guidelines: The commission shall elect a chairman and such other officers as it deems necessary....

...merely with a view to the proper, orderly and prompt conduct of business, the provision may generally be regarded as directory. Reid v. Southern Development Co., 42 So. 206 (Fla. 1906). Cf. AGO 075-79. I find no substantive provision in ss. 121.22 - 121.24 , F....

...Where lawful authority exists, an administrative agency may adopt its own mode or form of organization. 73 C.J.S. Public Administrative Bodies and Procedure s. 19; State v. State Board of Administration, 25 So.2d 880 (Fla. 1946). Also see 62 C.J.S. Municipal Corporations s. 389 and s. 120.53 , F. S. Section 121.24 , F....

...This authority to act is in accordance with the duly adopted rules of the commission in the absence of any statutory prescription by the Legislature. Consequently, this office is a means by which the commission exercises its functions and powers in an orderly and convenient way. Section 121.24 (1)(b), F....

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Alsobrook v. State, Div. of Ret., 600 So. 2d 1173 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5510, 1992 WL 104632

the issue in this case is the provision in section 121.24(4) that, “The Division of Retirement shall

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Jackson v. State, Div. of Ret., 813 So. 2d 281 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 4799, 2002 WL 553395

...This was error, because a panel of the Commission, rather than the vice-chair alone, should have determined the Division’s motions. Section 121.23(2), Florida Statutes (2001), authorizes the Commission to hear appeals “on the merits of any written adverse decision of the administrator” of the retirement system. Section 121.24(1), Florida Statutes (2001), provides: (a) For purposes of hearing appeals under s....

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