HB 0163CS

CHAMBER ACTION




1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to offenses by public officers and
7employees; amending s. 112.3173, F.S.; providing that a
8public officer or employee convicted of sexual battery
9upon a minor victim at a time and place where the public
10officer or employee was supposed to be conducting official
11business shall forfeit certain benefits; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 112.3173, Florida Statutes, is amended
17to read:
18     112.3173  Felonies involving breach of public trust and
19other specified offenses by public officers and employees;
20forfeiture of retirement benefits.--
21     (1)  INTENT.--It is the intent of the Legislature to
22implement the provisions of s. 8(d), Art. II of the State
23Constitution.
24     (2)  DEFINITIONS.--As used in this section, unless the
25context otherwise requires, the term:
26     (a)  "Conviction" and "convicted" mean an adjudication of
27guilt by a court of competent jurisdiction; a plea of guilty or
28of nolo contendere; a jury verdict of guilty when adjudication
29of guilt is withheld and the accused is placed on probation; or
30a conviction by the Senate of an impeachable offense.
31     (b)  "Court" means any state or federal court of competent
32jurisdiction which is exercising its jurisdiction to consider a
33proceeding involving the alleged commission of a specified
34offense.
35     (c)  "Public officer or employee" means an officer or
36employee of any public body, political subdivision, or public
37instrumentality within the state.
38     (d)  "Public retirement system" means any retirement system
39or plan to which the provisions of part VII of this chapter
40apply.
41     (e)  "Specified offense" means:
42     1.  The committing, aiding, or abetting of an embezzlement
43of public funds;
44     2.  The committing, aiding, or abetting of any theft by a
45public officer or employee from his or her employer;
46     3.  Bribery in connection with the employment of a public
47officer or employee;
48     4.  Any felony specified in chapter 838, except ss. 838.15
49and 838.16;
50     5.  Sexual battery, as defined in s. 794.011, if the victim
51was a minor and the sexual battery was perpetrated at a time or
52place where the public officer or employee would be deemed to
53have been performing official duties but for the commission of
54the sexual battery;
55     6.5.  The committing of an impeachable offense; or
56     7.6.  The committing of any felony by a public officer or
57employee who, willfully and with intent to defraud the public or
58the public agency for which the public officer or employee acts
59or in which he or she is employed of the right to receive the
60faithful performance of his or her duty as a public officer or
61employee, realizes or obtains, or attempts to realize or obtain,
62a profit, gain, or advantage for himself or herself or for some
63other person through the use or attempted use of the power,
64rights, privileges, duties, or position of his or her public
65office or employment position.
66     (3)  FORFEITURE.--
67     (a)  Any public officer or employee who is convicted of a
68specified offense committed prior to retirement, or whose office
69or employment is terminated by reason of his or her admitted
70commission, aid, or abetment of a specified offense, shall
71forfeit all rights and benefits under any public retirement
72system of which he or she is a member, except for the return of
73his or her accumulated contributions as of the date of
74termination.
75     (b)  Any public officer or employee who is convicted of
76sexual battery, as defined in s. 794.011, if the victim was a
77minor and the sexual battery was perpetrated at a time or place
78where the public officer or employee would be deemed to have
79been performing official duties but for the commission of the
80sexual battery, shall, in addition to the penalty provided in
81paragraph (a), forfeit accumulated sick leave, forfeit
82accumulated annual leave, and be ineligible for the payment of
83salary for any period during which the public officer or
84employee was suspended pending investigation of, or trial on,
85the charge of sexual battery.
86     (4)  NOTICE.--
87     (a)  The clerk of a court in which a proceeding involving a
88specified offense is being conducted against a public officer or
89employee shall furnish notice of the proceeding to the
90Commission on Ethics. Such notice is sufficient if it is in the
91form of a copy of the indictment, information, or other document
92containing the charges. In addition, if a verdict of guilty is
93returned by a jury or by the court trying the case without a
94jury, or a plea of guilty or of nolo contendere is entered in
95the court by the public officer or employee, the clerk shall
96furnish a copy thereof to the Commission on Ethics.
97     (b)  The Secretary of the Senate shall furnish to the
98Commission on Ethics notice of any proceeding of impeachment
99being conducted by the Senate. In addition, if such trial
100results in conviction, the Secretary of the Senate shall furnish
101notice of the conviction to the commission.
102     (c)  The employer of any member whose office or employment
103is terminated by reason of his or her admitted commission, aid,
104or abetment of a specified offense shall forward notice thereof
105to the commission.
106     (d)  The Commission on Ethics shall forward any notice and
107any other document received by it pursuant to this subsection to
108the governing body of the public retirement system of which the
109public officer or employee is a member or from which the public
110officer or employee may be entitled to receive a benefit. When
111called on by the Commission on Ethics, the Department of
112Management Services shall assist the commission in identifying
113the appropriate public retirement system.
114     (5)  FORFEITURE DETERMINATION.--
115     (a)  Whenever the official or board responsible for paying
116benefits under a public retirement system receives notice
117pursuant to subsection (4), or otherwise has reason to believe
118that the rights and privileges of any person under such system
119are required to be forfeited under this section, such official
120or board shall give notice and hold a hearing in accordance with
121chapter 120 for the purpose of determining whether such rights
122and privileges are required to be forfeited. If the official or
123board determines that such rights and privileges are required to
124be forfeited, the official or board shall order such rights and
125privileges forfeited.
126     (b)  Any order of forfeiture of retirement system rights
127and privileges is appealable to the district court of appeal.
128     (c)  The payment of retirement benefits ordered forfeited,
129except payments drawn from nonemployer contributions to the
130retiree's account, shall be stayed pending an appeal as to a
131felony conviction. If such conviction is reversed, no retirement
132benefits shall be forfeited. If such conviction is affirmed,
133retirement benefits shall be forfeited as ordered in this
134section.
135     (d)  If any person's rights and privileges under a public
136retirement system are forfeited pursuant to this section and
137that person has received benefits from the system in excess of
138his or her accumulated contributions, such person shall pay back
139to the system the amount of the benefits received in excess of
140his or her accumulated contributions. If he or she fails to pay
141back such amount, the official or board responsible for paying
142benefits pursuant to the retirement system or pension plan may
143bring an action in circuit court to recover such amount, plus
144court costs.
145     (6)  FORFEITURE NONEXCLUSIVE.--
146     (a)  The forfeiture of retirement rights and privileges
147pursuant to this section is supplemental to any other forfeiture
148requirements provided by law.
149     (b)  This section does not preclude or otherwise limit the
150Commission on Ethics in conducting under authority of other law
151an independent investigation of a complaint which it may receive
152against a public officer or employee involving a specified
153offense.
154     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.