Florida Statute 112.3173 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.3173

112.3173 Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits.—

(1) INTENT.—It is the intent of the Legislature to implement the provisions of s. 8(d), Art. II of the State Constitution.

(2) DEFINITIONS.—As used in this section, unless the context otherwise requires, the term:

(a) “Conviction” and “convicted” mean an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or of nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense.

(b) “Court” means any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense.

(c) “Public officer or employee” means an officer or employee of any public body, political subdivision, or public instrumentality within the state.

(d) “Public retirement system” means any retirement system or plan to which the provisions of part VII of this chapter apply.

(e) “Specified offense” means:

1. The committing, aiding, or abetting of an embezzlement of public funds;

2. The committing, aiding, or abetting of any theft by a public officer or employee from his or her employer;

3. Bribery in connection with the employment of a public officer or employee;

4. Any felony specified in chapter 838, except ss. 838.15 and 838.16;

5. The committing of an impeachable offense;

6. The committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which the public officer or employee acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position; or

7. The committing on or after October 1, 2008, of any felony defined in s. 800.04 against a victim younger than 16 years of age, or any felony defined in chapter 794 against a victim younger than 18 years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position.

(3) FORFEITURE.—Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination.

(4) NOTICE.—

(a) The clerk of a court in which a proceeding involving a specified offense is being conducted against a public officer or employee shall furnish notice of the proceeding to the Commission on Ethics after the state attorney advises the clerk that the defendant is a public officer or employee and that the defendant is alleged to have committed a specified offense. Such notice is sufficient if it is in the form of a copy of the indictment, information, or other document containing the charges. In addition, if a verdict of guilty is returned by a jury or by the court trying the case without a jury, or a plea of guilty or of nolo contendere is entered in the court by the public officer or employee, the clerk shall furnish a copy thereof to the Commission on Ethics.

(b) The Secretary of the Senate shall furnish to the Commission on Ethics notice of any proceeding of impeachment being conducted by the Senate. In addition, if such trial results in conviction, the Secretary of the Senate shall furnish notice of the conviction to the commission.

(c) The employer of any member whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense shall forward notice thereof to the commission.

(d) The Commission on Ethics shall forward any notice and any other document received by it pursuant to this subsection to the governing body of the public retirement system of which the public officer or employee is a member or from which the public officer or employee may be entitled to receive a benefit. When called on by the Commission on Ethics, the Department of Management Services shall assist the commission in identifying the appropriate public retirement system.

(5) FORFEITURE DETERMINATION.—

(a) Whenever the official or board responsible for paying benefits under a public retirement system receives notice pursuant to subsection (4), or otherwise has reason to believe that the rights and privileges of any person under such system are required to be forfeited under this section, such official or board shall give notice and hold a hearing in accordance with chapter 120 for the purpose of determining whether such rights and privileges are required to be forfeited. If the official or board determines that such rights and privileges are required to be forfeited, the official or board shall order such rights and privileges forfeited.

(b) Any order of forfeiture of retirement system rights and privileges is appealable to the district court of appeal.

(c) The payment of retirement benefits ordered forfeited, except payments drawn from nonemployer contributions to the retiree’s account, shall be stayed pending an appeal as to a felony conviction. If such conviction is reversed, no retirement benefits shall be forfeited. If such conviction is affirmed, retirement benefits shall be forfeited as ordered in this section.

(d) If any person’s rights and privileges under a public retirement system are forfeited pursuant to this section and that person has received benefits from the system in excess of his or her accumulated contributions, such person shall pay back to the system the amount of the benefits received in excess of his or her accumulated contributions. If he or she fails to pay back such amount, the official or board responsible for paying benefits pursuant to the retirement system or pension plan may bring an action in circuit court to recover such amount, plus court costs.

(6) FORFEITURE NONEXCLUSIVE.—

(a) The forfeiture of retirement rights and privileges pursuant to this section is supplemental to any other forfeiture requirements provided by law.

(b) This section does not preclude or otherwise limit the Commission on Ethics in conducting under authority of other law an independent investigation of a complaint which it may receive against a public officer or employee involving a specified offense.

History.—s. 14, ch. 84-266; s. 4, ch. 90-301; s. 44, ch. 92-279; s. 55, ch. 92-326; s. 22, ch. 94-249; s. 1414, ch. 95-147; s. 13, ch. 99-255; s. 3, ch. 2008-108; s. 14, ch. 2012-100.

F.S. 112.3173 on Google Scholar

F.S. 112.3173 on Casetext

Amendments to 112.3173

Arrestable Offenses / Crimes under Fla. Stat. 112.3173

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.3173.

Annotations, Discussions, Cases:

Cases Citing Statute 112.3173

Total Results: 20

Kim Braddock v. City of Port Orange Pension Fund

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: of termination. § 112.3173(3), Fla. Stat. (emphasis added). Section 112.3173(2)(e) identifies these…years old. See § 112.3173(2)(e)1.–5. & 7., Fla. Stat. Pertinent here, section 112.3173(2)(e)6., the section…the manner in which forfeitures occur. Section 112.3173 of the Florida Statutes implements this constitutional… amounting to a misuse of public office. See § 112.3173(2)(e), Fla. Stat. (2024). The exceptionally…committing of an impeachable offense[.] Id. § 112.3173(2)(e)1.–5. (emphases added). Each of the highlighted

Cuenca v. State Board of Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-14T00:00:00-08:00

Citation: 259 So. 3d 253

Snippet: Board”), concluding that pursuant to section 112.3173(3), Florida Statutes (2012), Cuenca has forfeited… prior to his retirement as defined in section 112.3173(2)(e)6., Florida Statutes (2012). For the reasons…Board notified Cuenca that pursuant to section 112.3173 he had forfeited his rights and benefits under…constitutes a “conviction” pursuant to section 112.3173(2)(a).1 However, in its conclusions of law, the…nexus” requirement for forfeiture under section 112.3173(2)(e)6., and therefore, Cuenca had not forfeited

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

Citation: 189 So. 3d 207, 2016 Fla. App. LEXIS 2847, 2016 WL 746480

Snippet: retirement benefits in accordance with section 112.3173, Florida Statutes (2014). In particular, the Board…committed specified offenses as described in section 112.3173(2)(e)(7). • Mr. Rivera responded and notified …convicted of specified offenses as defined in section 112.3173(2)(e)(7). The Board also concluded that Mr, Rivera…required to be forfeited in accordance with section 112.3173(3) and entered an order of forfeiture. This appeal…such manner as may be provided by law.” Section 112.3173(3) implements the constitutional provision as

Joseph Peter Clarke v. United States

Court: Fla. | Date Filed: 2016-02-11T00:00:00-08:00

Citation: 184 So. 3d 1107, 41 Fla. L. Weekly Supp. 41, 2016 Fla. LEXIS 277

Snippet: adjudication was withheld. See, e.g., § 112.3173, Fla. Stat. (regarding felonies involving breach

Bollone v. Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-26T00:00:00-08:00

Citation: 100 So. 3d 1276, 2012 Fla. App. LEXIS 20233, 2012 WL 5897617

Snippet: proscribed in sections 112.3173(2)(e)1.-5. do not apply. However, section 112.3173(2)(e)6., the “catch-all…committed prior to retirement pursuant to section 112.3173, Florida Statutes (2010). We affirm. Appellant…benefits provided under the FRS, pursuant to section 112.3173. In the letter, the Division explained that its…committed prior to retirement pursuant to section 112.3173, and directing the forfeiture of his FRS rights…provided by law. Art. II, § 8(d), Fla. Const. Section 112.3173(3), Florida Statutes (2010), implements article

Brock v. Department of Management Services

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-17T00:00:00-07:00

Citation: 98 So. 3d 771, 2012 Fla. App. LEXIS 18097, 2012 WL 4897046

Snippet: final order concluding that, pursuant to section 112.3173, Florida Statutes (2009), he was “convicted” of…benefits. The former employee argues that section 112.3173, by defining “convicted” to include a no contest…origins of both Article II, Section 8, and section 112.3173. Article II, Section 8 was added to the Florida…six years later, the legislature enacted section 112.3173, Florida Statutes (Supp. 1984). The statute provides…s. 8(d), Art. II of the State Constitution.” § 112.3173(1), Fla. Stat. (Supp. 1984). The statute then

Garay v. Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-17T00:00:00-08:00

Citation: 46 So. 3d 1227, 2010 Fla. App. LEXIS 17656, 2010 WL 4628910

Snippet: crimes constituted specified offenses under section 112.3173, Florida Statutes (2001), the forfeiture statute…forfeiture provision is further codified in section 112.3173(3), Florida Statutes (2001), which states: FORFEITURE…contributions as of the date of termination. Under section 112.3173(3), it is clear that the time the offense is committed…forfeiture proceedings as provided for in section 112.3173(5)(a), Florida Statutes (2001): Whenever the official…is the repayment provision set forth in section 112.3173(5)(d), Florida Statutes (2001), which provides

Jenne v. State, Department of Management Services, Division of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-20T00:00:00-07:00

Citation: 36 So. 3d 738, 2010 Fla. App. LEXIS 5234, 2010 WL 1542646

Snippet: a "specified offense" under section 112.3173(2)(e)6., Florida Statutes (2001), and that the… 8(d), of the Florida Constitution and section 112.3173, Florida Statutes. *741 Jenne challenged the forfeiture…for Public Officers and Employees." Section 112.3173(3) states that "[a]ny public officer or employee…This crime is not identified by name in section 112.3173(2)(e), but it could serve as the basis for a forfeiture…definition of a specified offense in subsection 112.3173(2)(e)6. This subsection states: (e) `Specified

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-06-15T00:53:00-07:00

Snippet: Section 112.3173(2)(e), Fla. Stat. 5 Section 112.3173(5)(a), Fla. Stat. 6 Id. 7 Section 112.3173(5)(b),…intent in s. 112.3173(1), Fla. Stat.;and see s. 121.091(5), Fla. Stat. 3 Section 112.3173(2)(d), Fla. …in the local retirement system? In sum: Section 112.3173, Florida Statutes, requires the official or board…System is subject to forfeiture pursuant to section 112.3173, Florida Statutes, in addition to the forfeiture…implemented this constitutional provision in section 112.3173, Florida Statutes.2 Subsection (3) of the statue

Childers v. STATE, DEPT. OF MGMT. SERVICES, DIV. OF RETIREMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:53:00-07:00

Citation: 989 So. 2d 716

Snippet: and benefits under the FRS, pursuant to section 112.3173, Florida Statutes (2003), based on the employee…contributions. On appeal, the employee argues that section 112.3173 of the Florida Statutes is unconstitutional because…provisions, the Florida Legislature enacted section 112.3173, which provides that "[a]ny public officer…contributions as of the date of termination." § 112.3173(3), Fla. Stat. (2003) (emphasis added). In Busbee… First District Court of Appeal upheld section 112.3173 against similar constitutional challenges. Finding

Simcox v. CITY OF HOLLYWOOD POLICE OFFICERS'RET. SYSTEM

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:00:00-07:00

Citation: 988 So. 2d 731, 2008 Fla. App. LEXIS 12687, 2008 WL 3914892

Snippet: a "specified offense" under section 112.3173(2)(e)(6) Florida Statutes (2007), we affirm. Simcox…forfeited his retirement benefits pursuant to section 112.3173. At the formal hearing, the Board found that Simcox…forfeiting his retirement benefits under section 112.3173(2)(e)(4) because the acts underlying the federal…conviction fell within the catch-all provision, section 112.3173(2)(e)(6). Review of the Board's forfeiture…such manner as may be provided by law. Section 112.3173(3) implements that portion of the Florida Constitution

Hames v. CITY OF MIAMI FIREFIGHTERS'

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-04T23:53:00-08:00

Citation: 980 So. 2d 1112

Snippet: prior to retirement." § 112.3173(3), Fla. Stat. (2006). Subsection 112.3173(5) outlines the procedures…benefits pursuant to subparagraph 112.3173(2)(e)6, and subsection 112.3173(3), Florida Statutes (2006). …had forfeited his benefits pursuant to section 112.3173, Florida Statutes (2006). The preliminary hearing… order such rights and privileges forfeited. § 112.3173(5)(a), Fla. Stat. (2006). Hames first contends…privileges are required to be forfeited." § 112.3173(5)(a), Fla. Stat. (2006). The duty to determine

Warshaw v. City of Miami Firefighters' & Police Officers' Retirement Trust

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-15T00:00:00-07:00

Citation: 885 So. 2d 892, 2004 Fla. App. LEXIS 13651, 2004 WL 2049756

Snippet: led *894to the Board’s application of section 112.3173(3), Florida Statutes (2001), which reads: “(3)…termination.” “Specified offense” is defined in section 112.3173(2)(e), Florida Statutes (2001) to include the …from his or her employer.3 Pursuant to section 112.3173(5), the Board held a hearing for the purpose of… of a specified offense as provided in section 112.3173, and ordered the forfeiture. The testimony at …and not a public entity, no provision of section 112.3173 is applicable, and there*895fore his federal conviction

Desoto v. HIALEAH POLICE PENSION FUND BD. IF TRUSTEES

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-20T00:00:00-07:00

Citation: 870 So. 2d 844, 2003 Fla. App. LEXIS 12379, 2003 WL 21976130

Snippet: pension benefits of Orestes DeSoto under section 112.3173(2)(e)(6), Florida Statutes (2001). For the reasons…DeSoto's retirement benefits under section 112.3173(2)(e)(6), Florida Statutes (2001).[1] On appeal…benefits were subject to forfeiture under section 112.3173(2)(e)(6) because the crimes of which he was convicted…his pension rights. Affirmed. NOTES [1] Section 112.3173(2)(e)(6), Florida Statutes (2001), states: "

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-07-09T00:53:00-07:00

Snippet: elected municipal officer indicted for a crime; s. 112.3173, Fla. Stat., specifying felonies involving breach

Jacobo v. Board of Trustees of Miami Police

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-20T00:00:00-07:00

Citation: 788 So. 2d 362

Snippet: convicted of a specified offense under section 112.3173(2)(e)6, Florida Statutes (1992), forfeiture of…pension benefits cannot be forfeited under section 112.3173(2)(e)6[1] because that section is ejusdem generis… 199, 201 (Fla. 1st DCA 1975). Because section 112.3173(2)(e)6 is neither vague nor ambiguous, it does…trust forbidden by the plain wording of section 112.3173(2)(e)6.[2]See Newmans v. Division of Retirement…alternatively attacks the constitutionality of section 112.3173(2)(e)6 by arguing that it is not authorized by

Newmans v. State, Div. of Retirement

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-18T00:00:00-07:00

Citation: 701 So. 2d 573, 1997 WL 574613

Snippet: benefits pursuant to sections 121.091(5)(f), and 112.3173(2)(e)3., 4. and 6., Florida Statutes. Appellant… Florida Retirement System pursuant to section 112.3173(3), Florida Statutes. Under this statute: Any …offense of embezzlement, theft or bribery. Section 112.3173(2)(e)6., however, provides that "specified…;specified offense" as defined in section 112.3173(2)(e)6. The hearing officer noted that the Sheriff…political office or employment position." § 112.3173(2)(e)6. Appellant asserts that what he did was

Busbee v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-17T00:00:00-08:00

Citation: 685 So. 2d 914, 1996 WL 720475

Snippet: section 8, Florida Constitution, and sections 112.3173(3) and 121.091(5), Florida Statutes. The Division…Article II, section 8 (adopted in 1976), and section 112.3173(3), Florida Statutes (enacted in 1984). However…. In Pilkay, the appellant argued that section 112.3173(3) could not be applied to him because it was

Waite v. City of Fort Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:53:00-07:00

Citation: 681 So. 2d 901

Snippet: placement of a defendant on probation. See §§ 112.3173(2)(a), 327.36(1), 775.087(3)(a), 784.07(2), 784.08

Pilkay v. City of Tampa, General Employee Pension Fund, Board of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-13T00:00:00-08:00

Citation: 505 So. 2d 1100, 12 Fla. L. Weekly 773, 1987 Fla. App. LEXIS 7200

Snippet: denial of pension benefits to Pilkay on section 112.3173(3), Florida Statutes (1985), which states: Any…to July 1, 1984, the effective date of section 112.-3173(3). Pilkay pled no contest to two cases of grand… and $121,356.10. Pilkay contends that section 112.3173(3) as applied to him violates the ex post facto…time. Pilkay further contends that, since section 112.3173(3) was not in effect when he enrolled in the retirement…Pilkay chooses to ignore the fact that section 112.3173(3) is based on a provision of the Constitution