CODING: Words stricken are deletions; words underlined are additions.House Bill 1109e1
HB 1109, First Engrossed
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; providing that certain spouses or
13 joint annuitants shall remain eligible for the
14 benefits upon such forfeiture; providing an
15 effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Paragraph (e) of subsection (2) of section
20 112.3173, Florida Statutes, is amended to read:
21 112.3173 Felonies involving breach of public trust and
22 other specified offenses by public officers and employees;
23 forfeiture of retirement benefits.--
24 (2) DEFINITIONS.--As used in this section, unless the
25 context otherwise requires, the term:
26 (e) "Specified offense" means:
27 1. The committing, aiding, or abetting of an
28 embezzlement of public funds;
29 2. The committing, aiding, or abetting of any theft by
30 a public officer or employee from his or her employer;
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CODING: Words stricken are deletions; words underlined are additions.
HB 1109, First Engrossed
1 3. Bribery in connection with the employment of a
2 public officer or employee;
3 4. Any felony specified in chapter 838, except ss.
4 838.15 and 838.16;
5 5. The committing of an impeachable offense; or
6 6. The committing of any felony by a public officer or
7 employee who, willfully and with intent to defraud the public
8 or the public agency for which the public officer or employee
9 acts or in which he or she is employed of the right to receive
10 the faithful performance of his or her duty as a public
11 officer or employee, realizes or obtains, or attempts to
12 realize or obtain, a profit, gain, or advantage for himself or
13 herself or for some other person through the use or attempted
14 use of the power, rights, privileges, duties, or position of
15 his or her public office or employment position;.
16 7. The use by a public officer or employee of his or
17 her official position to commit any second degree felony or
18 greater violation of chapter 794, chapter 800, or chapter 827;
19 or
20 8. The committing of a second degree felony or greater
21 violation by a public officer or employee that involves the
22 use of his or her official position or any public property or
23 resource that may be within his or her official trust to
24 secure an illegal privilege, benefit, or exemption for
25 himself, herself, or others.
26 (3) FORFEITURE.--
27 Any public officer or employee who is convicted of a
28 specified offense committed prior to retirement, or whose
29 office or employment is terminated by reason of his or her
30 admitted commission, aid, or abetment of a specified offense,
31 shall forfeit all rights and benefits under any public
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CODING: Words stricken are deletions; words underlined are additions.
HB 1109, First Engrossed
1 retirement system of which he or she is a member, except for
2 the return of ; however, notwithstanding any other provision
3 of law to the contrary, if such a public officer or employee
4 is a member of a public retirement system and has a spouse or
5 other named beneficiary who qualifies as a joint annuitant, it
6 shall be assumed that such member's death occurred on the date
7 of the forfeiture of his or her rights and benefits, and the
8 spouse or other named beneficiary who qualifies as a joint
9 annuitant shall be eligible to receive the benefits provided
10 under the joint and survivor benefit provisions of the
11 retirement plan. If no spouse or other named beneficiary who
12 qualifies as a joint annuitant exists, such member shall be
13 eligible to receive only a return of his or her accumulated
14 contributions as of the date of termination.
15 Section 2. This act shall take effect October 1, 1997.
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