CODING: Words stricken are deletions; words underlined are additions.House Bill 1109
Florida House of Representatives - 1997 HB 1109
By Representative Edwards
1 A bill to be entitled
2 An act relating to public officers and
3 employees; amending s. 112.3173, F.S., which
4 provides for the forfeiture of retirement
5 benefits by a public officer or employee
6 convicted of specified felony offenses
7 involving breach of the public trust or whose
8 office or employment is terminated by reason of
9 his or her commission or aiding in the
10 commission of such offense; specifying
11 additional offenses for which such forfeiture
12 is required; requiring such forfeiture when the
13 officer or employee is found to have committed
14 such offense in a proceeding conducted under
15 the Administrative Procedure Act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 112.3173, Florida Statutes, is
21 amended to read:
22 112.3173 Felonies involving breach of public trust and
23 other specified offenses by public officers and employees;
24 forfeiture of retirement benefits.--
25 (1) INTENT.--It is the intent of the Legislature to
26 implement the provisions of s. 8(d), Art. II of the State
27 Constitution. In addition, to further ensure that public
28 officers and employees do not abuse the public trust vested in
29 them, it is the intent of the Legislature that public officers
30 and employees who abuse such trust and are found to have
31 committed a specified felony offense, whether criminally
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1109
519-142-97
1 convicted or not, shall forfeit their rights and benefits
2 under any public retirement system or pension plan.
3 (2) DEFINITIONS.--As used in this section, unless the
4 context otherwise requires, the term:
5 (a) "Conviction" and "convicted" mean an adjudication
6 of guilt by a court of competent jurisdiction; a plea of
7 guilty or of nolo contendere; a jury verdict of guilty when
8 adjudication of guilt is withheld and the accused is placed on
9 probation; or a conviction by the Senate of an impeachable
10 offense.
11 (b) "Court" means any state or federal court of
12 competent jurisdiction which is exercising its jurisdiction to
13 consider a proceeding involving the alleged commission of a
14 specified offense.
15 (c) "Public officer or employee" means an officer or
16 employee of any public body, political subdivision, or public
17 instrumentality within the state.
18 (d) "Public retirement system" means any retirement
19 system or plan to which the provisions of part VII of this
20 chapter apply.
21 (e) "Specified offense" means:
22 1. The committing, aiding, or abetting of an
23 embezzlement of public funds;
24 2. The committing, aiding, or abetting of any theft by
25 a public officer or employee from his or her employer;
26 3. Bribery in connection with the employment of a
27 public officer or employee;
28 4. Any felony specified in chapter 838, except ss.
29 838.15 and 838.16;
30 5. The committing of an impeachable offense; or
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1109
519-142-97
1 6. The committing of any felony by a public officer or
2 employee who, willfully and with intent to defraud the public
3 or the public agency for which the public officer or employee
4 acts or in which he or she is employed of the right to receive
5 the faithful performance of his or her duty as a public
6 officer or employee, realizes or obtains, or attempts to
7 realize or obtain, a profit, gain, or advantage for himself or
8 herself or for some other person through the use or attempted
9 use of the power, rights, privileges, duties, or position of
10 his or her public office or employment position;.
11 7. The use or attempted use by the public officer or
12 employee of his or her official position to commit any felony
13 violation of chapter 794, chapter 800, or chapter 827; or
14 8. The committing of any felony involving a breach of
15 the public trust.
16 (3) FORFEITURE.--
17 (a) Any public officer or employee who is convicted of
18 a specified offense committed prior to retirement, or whose
19 office or employment is terminated by reason of his or her
20 admitted commission, aid, or abetment of a specified offense,
21 shall forfeit all rights and benefits under any public
22 retirement system of which he or she is a member, except for
23 the return of his or her accumulated contributions as of the
24 date of termination.
25 (b) Any public officer or employee who by clear and
26 convincing evidence is found in a proceeding conducted in
27 accordance with chapter 120 to have committed a specified
28 offense prior to retirement, or whose office or employment is
29 terminated by reason of his or her admitted commission, aid,
30 or abetment of a specified offense, shall forfeit all rights
31 and benefits under any public retirement system of which he or
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1109
519-142-97
1 she is a member, except for the return of his or her
2 accumulated contributions as of the date of termination.
3 (4) NOTICE.--
4 (a) The clerk of a court in which a proceeding
5 involving a specified offense is being conducted against a
6 public officer or employee shall furnish notice of the
7 proceeding to the Commission on Ethics. Such notice is
8 sufficient if it is in the form of a copy of the indictment,
9 information, or other document containing the charges. In
10 addition, if a verdict of guilty is returned by a jury or by
11 the court trying the case without a jury, or a plea of guilty
12 or of nolo contendere is entered in the court by the public
13 officer or employee, the clerk shall furnish a copy thereof to
14 the Commission on Ethics.
15 (b) The Secretary of the Senate shall furnish to the
16 Commission on Ethics notice of any proceeding of impeachment
17 being conducted by the Senate. In addition, if such trial
18 results in conviction, the Secretary of the Senate shall
19 furnish notice of the conviction to the commission.
20 (c) The employer of any member whose office or
21 employment is terminated by reason of his or her admitted
22 commission, aid, or abetment of a specified offense shall
23 forward notice thereof to the commission.
24 (d) The Commission on Ethics shall forward any notice
25 and any other document received by it pursuant to this
26 subsection to the governing body of the public retirement
27 system of which the public officer or employee is a member or
28 from which the public officer or employee may be entitled to
29 receive a benefit. When called on by the Commission on Ethics,
30 the Division of Retirement shall assist the commission in
31 identifying the appropriate public retirement system.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1109
519-142-97
1 (5) FORFEITURE DETERMINATION.--
2 (a) Whenever the official or board responsible for
3 paying benefits under a public retirement system receives
4 notice pursuant to subsection (4), or otherwise has reason to
5 believe that the rights and privileges of any person under
6 such system are required to be forfeited under this section,
7 such official or board shall give notice and hold a hearing in
8 accordance with chapter 120 for the purpose of determining
9 whether such rights and privileges are required to be
10 forfeited. If the official or board determines that such
11 rights and privileges are required to be forfeited, the
12 official or board shall order such rights and privileges
13 forfeited.
14 (b) Any order of forfeiture of retirement system
15 rights and privileges is appealable to the district court of
16 appeal.
17 (c) When a final order of forfeiture is entered
18 pursuant to paragraph (3)(a), the payment of retirement
19 benefits ordered forfeited, except payments drawn from
20 nonemployer contributions to the retiree's account, shall be
21 stayed pending an appeal of the as to a felony conviction. If
22 such conviction is reversed, no retirement benefits shall be
23 forfeited pursuant to paragraph (3)(a). If such conviction is
24 affirmed, retirement benefits shall be forfeited as ordered in
25 this section.
26 (d) If any person's rights and privileges under a
27 public retirement system are forfeited pursuant to this
28 section and that person has received benefits from the system
29 in excess of his or her accumulated contributions, such person
30 shall pay back to the system the amount of the benefits
31 received in excess of his or her accumulated contributions.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1109
519-142-97
1 If he or she fails to pay back such amount, the official or
2 board responsible for paying benefits pursuant to the
3 retirement system or pension plan may bring an action in
4 circuit court to recover such amount, plus court costs.
5 (6) FORFEITURE NONEXCLUSIVE.--
6 (a) The forfeiture of retirement rights and privileges
7 pursuant to this section is supplemental to any other
8 forfeiture requirements provided by law.
9 (b) This section does not preclude or otherwise limit
10 the Commission on Ethics in conducting under authority of
11 other law an independent investigation of a complaint which it
12 may receive against a public officer or employee involving a
13 specified offense.
14 Section 2. This act shall take effect October 1, 1997.
15
16 *****************************************
17 HOUSE SUMMARY
18
Revises provisions which require the forfeiture of
19 retirement benefits by a public officer or employee
convicted of specified felony offenses involving breach
20 of the public trust, or whose office or employment is
terminated by reason of his or her commission or aiding
21 in the commission of such offense. Specifies additional
offenses for which such forfeiture is required. Requires
22 such forfeiture when the officer or employee is found to
have committed such offense in a proceeding conducted
23 under the Administrative Procedure Act.
24
25
26
27
28
29
30
31
6