Florida Statutes

Fla. Stat. § 112.3173 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1985–2024 · leading case: Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008).

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Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008). · cites it 18× “On July 12, 2006, the Trust notified Hames that it would be holding a preliminary hearing to determine whether Hames had forfeited his benefits pursuant to section 112.3173, Florida Statutes (2006).”

Simcox v. City of Hollywood Police Officers'ret. Sys., 988 So. 2d 731 (Fla. 4th DCA 2008). · cites it 18× “After the conviction, the Board held a preliminary hearing and decided to conduct a formal hearing on whether Simcox had forfeited his retirement benefits pursuant to section 112.3173. At the formal hearing, the Board found that Simcox had committed a "specified offense"…”

Cuenca v. State Bd. of Admin., 259 So. 3d 253 (Fla. 3d DCA 2018). · cites it 16× “FACTS AND PROCEDURAL HISTORY On February 7, 2017, the State Board notified Cuenca that pursuant to section 112.3173 he had forfeited his rights and benefits under the FRS Investment Plan as a result of his October 4, 2016 plea of nolo contendere to two counts of felony battery…”

Jacobo v. Bd. of Trs. of Miami Police, 788 So. 2d 362 (Fla. 3d DCA 2001). · cites it 8× “The Board determined that because *364 Jacobo was convicted of a specified offense under section 112.3173(2)(e)6, Florida Statutes (1992), forfeiture of his pension rights was warranted.”

Hames v. City of Miami, 479 F. Supp. 2d 1276 (S.D. Fla. 2007). · cites it 7× “His response is that the felony offense he pled guilty to is not an offense that justifies forfeiture within the meaning of § 112.3173(2)(e), Fla. Stat., and therefore the board had no reason to believe the forfeiture statute was violated.”

Bollone v. Dep't of Mgmt. Servs., Div. of Ret., 100 So. 3d 1276 (Fla. 1st DCA 2012). · cites it 10× “ollone, seeks review of a final order of the Department of Management Services (“Department”) forfeiting all of his Florida Retirement System (“FRS”) rights and benefits, except for the return of his accumulated contributions, if any, as of the date of termination because…”

Desoto v. Hialeah Police Pension Fund Bd. If Trs., 870 So. 2d 844 (Fla. 3d DCA 2003). · cites it 7× “This is an appeal of an administrative decision of the Hialeah Police Pension Fund Board of Trustees which ordered the forfeiture of the pension benefits of Orestes DeSoto under section 112.3173(2)(e)(6), Florida Statutes (2001).”

Joseph Peter Clarke v. United States, 184 So. 3d 1107 (Fla. 2016). · cites it 2× “, which expressly includes a determination of guilt when adjudication is withheld in the definition of conviction); § 775.13(1), Fla. Stat. (defining “convicted” to mean determination of guilt “regardless of whether adjudication is withheld,” for purpose of registering as a…”

Jenne v. State, Dep't of Mgmt. Servs., Div. of Ret., 36 So. 3d 738 (Fla. 1st DCA 2010). · cites it 9× “In support of this decision, the Department cited article II, section 8(d), of the Florida Constitution and section 112.3173, Florida Statutes. *741 Jenne challenged the forfeiture, and the parties submitted a joint stipulation of facts in lieu of a formal hearing.”

Newmans v. State, Div. of Ret., 701 So. 2d 573 (Fla. 1st DCA 1997). · cites it 6× “" § 112.3173(2)(e)6. Appellant asserts that what he did was unrelated to his position as Sheriff of Baker County, that he was one of many suspects in a federal criminal investigation, and that his role in the conspiracy was no more or less than other individuals involved in the…”

United States v. Bobby Jenkins, 822 F.3d 1213 (11th Cir. 2016). “, § 112.3173, Fla. Stat. (regarding felonies involving breach of public trust, etc.”

Busbee v. State, 685 So. 2d 914 (Fla. 1st DCA 1996). · cites it 3× “Busbee's pension rights vested, indeed, at the time he opted to become a member of the Florida Retirement System, we need not decide the question whether it was constitutional to also base the forfeiture upon Florida Constitution Article II, section 8 (adopted in 1976), and…”

Show all 22 citing cases →

— 112.3173(1) — 2 cases

Childers v. State, Dept. of Mgmt. Servs., Div. Of Ret., 989 So. 2d 716 (Fla. 4th DCA 2008).

Brock v. Dep't of Mgmt. Servs., 98 So. 3d 771 (Fla. 4th DCA 2012).

— 112.3173(2) — 1 case

Brock v. Dep't of Mgmt. Servs., 98 So. 3d 771 (Fla. 4th DCA 2012).

— 112.3173(2)(a) — 4 cases

Cuenca v. State Bd. of Admin., 259 So. 3d 253 (Fla. 3d DCA 2018). “FACTS AND PROCEDURAL HISTORY On February 7, 2017, the State Board notified Cuenca that pursuant to section 112.3173 he had forfeited his rights and benefits under the FRS Investment Plan as a result of his October 4, 2016 plea of nolo contendere to two counts of felony battery…”

Waite v. City of Fort Lauderdale, 681 So. 2d 901 (Fla. 4th DCA 1996).

Kim Braddock v. City of Port Orange Pension Fund (Fla. 5th DCA 2024).

Brock v. Dep't of Mgmt. Servs., 98 So. 3d 771 (Fla. 4th DCA 2012).

— 112.3173(2)(e) — 10 cases

Jacobo v. Bd. of Trs. of Miami Police, 788 So. 2d 362 (Fla. 3d DCA 2001). “The Board determined that because *364 Jacobo was convicted of a specified offense under section 112.3173(2)(e)6, Florida Statutes (1992), forfeiture of his pension rights was warranted.”

Bollone v. Dep't of Mgmt. Servs., Div. of Ret., 100 So. 3d 1276 (Fla. 1st DCA 2012). “ollone, seeks review of a final order of the Department of Management Services (“Department”) forfeiting all of his Florida Retirement System (“FRS”) rights and benefits, except for the return of his accumulated contributions, if any, as of the date of termination because…”

Jenne v. State, Dep't of Mgmt. Servs., Div. of Ret., 36 So. 3d 738 (Fla. 1st DCA 2010). “In support of this decision, the Department cited article II, section 8(d), of the Florida Constitution and section 112.3173, Florida Statutes. *741 Jenne challenged the forfeiture, and the parties submitted a joint stipulation of facts in lieu of a formal hearing.”

Hames v. City of Miami, 479 F. Supp. 2d 1276 (S.D. Fla. 2007). “His response is that the felony offense he pled guilty to is not an offense that justifies forfeiture within the meaning of § 112.3173(2)(e), Fla. Stat., and therefore the board had no reason to believe the forfeiture statute was violated.”

— 112.3173(2)(e)(4) — 1 case

Simcox v. City of Hollywood Police Officers'ret. Sys., 988 So. 2d 731 (Fla. 4th DCA 2008). “After the conviction, the Board held a preliminary hearing and decided to conduct a formal hearing on whether Simcox had forfeited his retirement benefits pursuant to section 112.3173. At the formal hearing, the Board found that Simcox had committed a "specified offense"…”

— 112.3173(2)(e)(6) — 4 cases

Desoto v. Hialeah Police Pension Fund Bd. If Trs., 870 So. 2d 844 (Fla. 3d DCA 2003). “This is an appeal of an administrative decision of the Hialeah Police Pension Fund Board of Trustees which ordered the forfeiture of the pension benefits of Orestes DeSoto under section 112.3173(2)(e)(6), Florida Statutes (2001).”

Warshaw v. City of Miami Firefighters' & Police Officers' Ret. Trust, 885 So. 2d 892 (Fla. 3d DCA 2004).

Rivera v. Bd. of Trs. of the City of Tampa's Gen. Emp. Ret. Fund, 189 So. 3d 207 (Fla. 2d DCA 2016).

— 112.3173(2)(e)(7) — 1 case

Rivera v. Bd. of Trs. of the City of Tampa's Gen. Emp. Ret. Fund, 189 So. 3d 207 (Fla. 2d DCA 2016).

— 112.3173(3) — 15 cases

Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008). “On July 12, 2006, the Trust notified Hames that it would be holding a preliminary hearing to determine whether Hames had forfeited his benefits pursuant to section 112.3173, Florida Statutes (2006).”

Busbee v. State, 685 So. 2d 914 (Fla. 1st DCA 1996). “Busbee's pension rights vested, indeed, at the time he opted to become a member of the Florida Retirement System, we need not decide the question whether it was constitutional to also base the forfeiture upon Florida Constitution Article II, section 8 (adopted in 1976), and…”

Pilkay v. City of Tampa, Gen. Emp. Pension Fund, Bd. of Trs., 505 So. 2d 1100 (Fla. 2d DCA 1987).

— 112.3173(4) — 1 case

— 112.3173(5) — 2 cases

Warshaw v. City of Miami Firefighters' & Police Officers' Ret. Trust, 885 So. 2d 892 (Fla. 3d DCA 2004).

— 112.3173(5)(a) — 3 cases

Garay v. Dep't of Mgmt. Servs., Div. of Ret., 46 So. 3d 1227 (Fla. 1st DCA 2010).

— 112.3173(5)(b) — 1 case

Rivera v. Bd. of Trs. of the City of Tampa's Gen. Emp. Ret. Fund, 189 So. 3d 207 (Fla. 2d DCA 2016).

— 112.3173(5)(d) — 1 case

Garay v. Dep't of Mgmt. Servs., Div. of Ret., 46 So. 3d 1227 (Fla. 1st DCA 2010).

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