Florida Florida Statutes
§ 112.3173 — Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits
FS § 112.3173Ch. 112
Statute text
View on source(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. 838.16; 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.
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Legislative history
s. 8, ch. 75-208; s. 2, ch. 2001-266.