Senate Bill sb1840

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1840

    By Senator Crist





    12-1492-04                                          See HB 163

  1                      A bill to be entitled

  2         An act relating to offenses by public officers

  3         and employees; amending s. 112.3173, F.S.;

  4         providing that a public officer or employee

  5         convicted of child abuse, aggravated child

  6         abuse, or neglect of a child shall forfeit

  7         certain benefits; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 112.3173, Florida Statutes, is

12  amended to read:

13         112.3173  Felonies involving breach of public trust and

14  other specified offenses by public officers and employees;

15  forfeiture of retirement benefits.--

16         (1)  INTENT.--It is the intent of the Legislature to

17  implement the provisions of s. 8(d), Art. II of the State

18  Constitution.

19         (2)  DEFINITIONS.--As used in this section, unless the

20  context otherwise requires, the term:

21         (a)  "Conviction" and "convicted" mean an adjudication

22  of guilt by a court of competent jurisdiction; a plea of

23  guilty or of nolo contendere; a jury verdict of guilty when

24  adjudication of guilt is withheld and the accused is placed on

25  probation; or a conviction by the Senate of an impeachable

26  offense.

27         (b)  "Court" means any state or federal court of

28  competent jurisdiction which is exercising its jurisdiction to

29  consider a proceeding involving the alleged commission of a

30  specified offense.

31  

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    Florida Senate - 2004                                  SB 1840
    12-1492-04                                          See HB 163




 1         (c)  "Public officer or employee" means an officer or

 2  employee of any public body, political subdivision, or public

 3  instrumentality within the state.

 4         (d)  "Public retirement system" means any retirement

 5  system or plan to which the provisions of part VII of this

 6  chapter apply.

 7         (e)  "Specified offense" means:

 8         1.  The committing, aiding, or abetting of an

 9  embezzlement of public funds;

10         2.  The committing, aiding, or abetting of any theft by

11  a public officer or employee from his or her employer;

12         3.  Bribery in connection with the employment of a

13  public officer or employee;

14         4.  Any felony specified in chapter 838, except ss.

15  838.15 and 838.16;

16         5.  Child abuse, aggravated child abuse, or neglect of

17  a child, as defined in s. 827.03;

18         6.5.  The committing of an impeachable offense; or

19         7.6.  The committing of any felony by a public officer

20  or employee who, willfully and with intent to defraud the

21  public or the public agency for which the public officer or

22  employee acts or in which he or she is employed of the right

23  to receive the faithful performance of his or her duty as a

24  public officer or employee, realizes or obtains, or attempts

25  to realize or obtain, a profit, gain, or advantage for himself

26  or herself or for some other person through the use or

27  attempted use of the power, rights, privileges, duties, or

28  position of his or her public office or employment position.

29         (3)  FORFEITURE.--

30         (a)  Any public officer or employee who is convicted of

31  a specified offense committed prior to retirement, or whose

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    Florida Senate - 2004                                  SB 1840
    12-1492-04                                          See HB 163




 1  office or employment is terminated by reason of his or her

 2  admitted commission, aid, or abetment of a specified offense,

 3  shall forfeit all rights and benefits under any public

 4  retirement system of which he or she is a member, except for

 5  the return of his or her accumulated contributions as of the

 6  date of termination.

 7         (b)  Any public officer or employee who is convicted of

 8  child abuse, aggravated child abuse, or neglect of a child, as

 9  defined in s. 827.03, if the offense was committed prior to

10  retirement, shall, in addition to the penalty provided in

11  paragraph (a), forfeit the right to payment of unused

12  accumulated sick leave and shall be ineligible for the payment

13  of salary for any period during which the employee was

14  suspended pending investigation of, or trial on, the charge of

15  child abuse.

16         (4)  NOTICE.--

17         (a)  The clerk of a court in which a proceeding

18  involving a specified offense is being conducted against a

19  public officer or employee shall furnish notice of the

20  proceeding to the Commission on Ethics. Such notice is

21  sufficient if it is in the form of a copy of the indictment,

22  information, or other document containing the charges. In

23  addition, if a verdict of guilty is returned by a jury or by

24  the court trying the case without a jury, or a plea of guilty

25  or of nolo contendere is entered in the court by the public

26  officer or employee, the clerk shall furnish a copy thereof to

27  the Commission on Ethics.

28         (b)  The Secretary of the Senate shall furnish to the

29  Commission on Ethics notice of any proceeding of impeachment

30  being conducted by the Senate. In addition, if such trial

31  

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    Florida Senate - 2004                                  SB 1840
    12-1492-04                                          See HB 163




 1  results in conviction, the Secretary of the Senate shall

 2  furnish notice of the conviction to the commission.

 3         (c)  The employer of any member whose office or

 4  employment is terminated by reason of his or her admitted

 5  commission, aid, or abetment of a specified offense shall

 6  forward notice thereof to the commission.

 7         (d)  The Commission on Ethics shall forward any notice

 8  and any other document received by it pursuant to this

 9  subsection to the governing body of the public retirement

10  system of which the public officer or employee is a member or

11  from which the public officer or employee may be entitled to

12  receive a benefit. When called on by the Commission on Ethics,

13  the Department of Management Services shall assist the

14  commission in identifying the appropriate public retirement

15  system.

16         (5)  FORFEITURE DETERMINATION.--

17         (a)  Whenever the official or board responsible for

18  paying benefits under a public retirement system receives

19  notice pursuant to subsection (4), or otherwise has reason to

20  believe that the rights and privileges of any person under

21  such system are required to be forfeited under this section,

22  such official or board shall give notice and hold a hearing in

23  accordance with chapter 120 for the purpose of determining

24  whether such rights and privileges are required to be

25  forfeited. If the official or board determines that such

26  rights and privileges are required to be forfeited, the

27  official or board shall order such rights and privileges

28  forfeited.

29         (b)  Any order of forfeiture of retirement system

30  rights and privileges is appealable to the district court of

31  appeal.

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    Florida Senate - 2004                                  SB 1840
    12-1492-04                                          See HB 163




 1         (c)  The payment of retirement benefits ordered

 2  forfeited, except payments drawn from nonemployer

 3  contributions to the retiree's account, shall be stayed

 4  pending an appeal as to a felony conviction. If such

 5  conviction is reversed, no retirement benefits shall be

 6  forfeited. If such conviction is affirmed, retirement benefits

 7  shall be forfeited as ordered in this section.

 8         (d)  If any person's rights and privileges under a

 9  public retirement system are forfeited pursuant to this

10  section and that person has received benefits from the system

11  in excess of his or her accumulated contributions, such person

12  shall pay back to the system the amount of the benefits

13  received in excess of his or her accumulated contributions. If

14  he or she fails to pay back such amount, the official or board

15  responsible for paying benefits pursuant to the retirement

16  system or pension plan may bring an action in circuit court to

17  recover such amount, plus court costs.

18         (6)  FORFEITURE NONEXCLUSIVE.--

19         (a)  The forfeiture of retirement rights and privileges

20  pursuant to this section is supplemental to any other

21  forfeiture requirements provided by law.

22         (b)  This section does not preclude or otherwise limit

23  the Commission on Ethics in conducting under authority of

24  other law an independent investigation of a complaint which it

25  may receive against a public officer or employee involving a

26  specified offense.

27         Section 2.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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