HB 0163 2004
1	A bill to be entitled
2	An act relating to offenses by public officers and
3	employees; amending s. 112.3173, F.S.; providing that a
4	public officer or employee convicted of child abuse,
5	aggravated child abuse, or neglect of a child shall
6	forfeit certain benefits; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Section 112.3173, Florida Statutes, is amended
11	to read:
12	112.3173 Felonies involving breach of public trust and
13	other specified offenses by public officers and employees;
14	forfeiture of retirementbenefits.--
15	(1) INTENT.--It is the intent of the Legislature to
16	implement the provisions of s. 8(d), Art. II of the State
17	Constitution.
18	(2) DEFINITIONS.--As used in this section, unless the
19	context otherwise requires, the term:
20	(a) "Conviction" and "convicted" mean an adjudication of
21	guilt by a court of competent jurisdiction; a plea of guilty or
22	of nolo contendere; a jury verdict of guilty when adjudication
23	of guilt is withheld and the accused is placed on probation; or
24	a conviction by the Senate of an impeachable offense.
25	(b) "Court" means any state or federal court of competent
26	jurisdiction which is exercising its jurisdiction to consider a
27	proceeding involving the alleged commission of a specified
28	offense.
29	(c) "Public officer or employee" means an officer or
30	employee of any public body, political subdivision, or public
31	instrumentality within the state.
32	(d) "Public retirement system" means any retirement system
33	or plan to which the provisions of part VII of this chapter
34	apply.
35	(e) "Specified offense" means:
36	1. The committing, aiding, or abetting of an embezzlement
37	of public funds;
38	2. The committing, aiding, or abetting of any theft by a
39	public officer or employee from his or her employer;
40	3. Bribery in connection with the employment of a public
41	officer or employee;
42	4. Any felony specified in chapter 838, except ss. 838.15
43	and 838.16;
44	5. Child abuse, aggravated child abuse, or neglect of a
45	child, as defined in s. 827.03;
46	6.5.The committing of an impeachable offense; or
47	7.6.The committing of any felony by a public officer or
48	employee who, willfully and with intent to defraud the public or
49	the public agency for which the public officer or employee acts
50	or in which he or she is employed of the right to receive the
51	faithful performance of his or her duty as a public officer or
52	employee, realizes or obtains, or attempts to realize or obtain,
53	a profit, gain, or advantage for himself or herself or for some
54	other person through the use or attempted use of the power,
55	rights, privileges, duties, or position of his or her public
56	office or employment position.
57	(3) FORFEITURE.--
58	(a)Any public officer or employee who is convicted of a
59	specified offense committed prior to retirement, or whose office
60	or employment is terminated by reason of his or her admitted
61	commission, aid, or abetment of a specified offense, shall
62	forfeit all rights and benefits under any public retirement
63	system of which he or she is a member, except for the return of
64	his or her accumulated contributions as of the date of
65	termination.
66	(b) Any public officer or employee who is convicted of
67	child abuse, aggravated child abuse, or neglect of a child, as
68	defined in s. 827.03, if the offense was committed prior to
69	retirement, shall, in addition to the penalty provided in
70	paragraph (a), forfeit the right to payment of unused
71	accumulated sick leave and shall be ineligible for the payment
72	of salary for any period during which the employee was suspended
73	pending investigation of, or trial on, the charge of child
74	abuse.
75	(4) NOTICE.--
76	(a) The clerk of a court in which a proceeding involving a
77	specified offense is being conducted against a public officer or
78	employee shall furnish notice of the proceeding to the
79	Commission on Ethics. Such notice is sufficient if it is in the
80	form of a copy of the indictment, information, or other document
81	containing the charges. In addition, if a verdict of guilty is
82	returned by a jury or by the court trying the case without a
83	jury, or a plea of guilty or of nolo contendere is entered in
84	the court by the public officer or employee, the clerk shall
85	furnish a copy thereof to the Commission on Ethics.
86	(b) The Secretary of the Senate shall furnish to the
87	Commission on Ethics notice of any proceeding of impeachment
88	being conducted by the Senate. In addition, if such trial
89	results in conviction, the Secretary of the Senate shall furnish
90	notice of the conviction to the commission.
91	(c) The employer of any member whose office or employment
92	is terminated by reason of his or her admitted commission, aid,
93	or abetment of a specified offense shall forward notice thereof
94	to the commission.
95	(d) The Commission on Ethics shall forward any notice and
96	any other document received by it pursuant to this subsection to
97	the governing body of the public retirement system of which the
98	public officer or employee is a member or from which the public
99	officer or employee may be entitled to receive a benefit. When
100	called on by the Commission on Ethics, the Department of
101	Management Services shall assist the commission in identifying
102	the appropriate public retirement system.
103	(5) FORFEITURE DETERMINATION.--
104	(a) Whenever the official or board responsible for paying
105	benefits under a public retirement system receives notice
106	pursuant to subsection (4), or otherwise has reason to believe
107	that the rights and privileges of any person under such system
108	are required to be forfeited under this section, such official
109	or board shall give notice and hold a hearing in accordance with
110	chapter 120 for the purpose of determining whether such rights
111	and privileges are required to be forfeited. If the official or
112	board determines that such rights and privileges are required to
113	be forfeited, the official or board shall order such rights and
114	privileges forfeited.
115	(b) Any order of forfeiture of retirement system rights
116	and privileges is appealable to the district court of appeal.
117	(c) The payment of retirement benefits ordered forfeited,
118	except payments drawn from nonemployer contributions to the
119	retiree's account, shall be stayed pending an appeal as to a
120	felony conviction. If such conviction is reversed, no retirement
121	benefits shall be forfeited. If such conviction is affirmed,
122	retirement benefits shall be forfeited as ordered in this
123	section.
124	(d) If any person's rights and privileges under a public
125	retirement system are forfeited pursuant to this section and
126	that person has received benefits from the system in excess of
127	his or her accumulated contributions, such person shall pay back
128	to the system the amount of the benefits received in excess of
129	his or her accumulated contributions. If he or she fails to pay
130	back such amount, the official or board responsible for paying
131	benefits pursuant to the retirement system or pension plan may
132	bring an action in circuit court to recover such amount, plus
133	court costs.
134	(6) FORFEITURE NONEXCLUSIVE.--
135	(a) The forfeiture of retirement rights and privileges
136	pursuant to this section is supplemental to any other forfeiture
137	requirements provided by law.
138	(b) This section does not preclude or otherwise limit the
139	Commission on Ethics in conducting under authority of other law
140	an independent investigation of a complaint which it may receive
141	against a public officer or employee involving a specified
142	offense.
143	Section 2. This act shall take effect upon becoming a law.