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