Could I Lose My Florida Public Pension If I’m Convicted of a Felony?

If you are a public employee, such as a police officer or school teacher, a criminal conviction can have significant consequences beyond going to jail or losing your job. Depending on the crime, you may also forfeit any pension you earned as a public employee. In fact, such forfeiture is mandated by Florida’s constitution.

Specifically, the state constitution provides, “Any public officer or employee who is convicted of a felony involving a breach of public trust” is subject to pension forfeiture. The constitution, however, leaves it to the state legislature to decide which crimes fall within this definition. Under current Florida law, there are seven specified offenses that qualify as a breach of public trust. These offenses include embezzling public funds, committing theft against a public employer, and accepting any form of bribe in connection with their public employment.

Florida Court Reverses Decision Stripping Retired Officer (and His Ex-Wife) of Pension

Another provision of Florida’s pension forfeiture law covers any felony that is committed “willfully and with intent to defraud the public” of that employee’s faithful performance, and which is done to obtain profit or gain for the employee through the use (or attempted use) of their official position.

This catch-all provision of the law was the subject of a recent decision from the Florida Fifth District Court of Appeal. In Braddock v. City of Port Orange Pension Fund’s Board of Trustees, the court reversed an administrative decision stripping pension benefits from the ex-wife of a retired police officer.

The officer retired in 2018 after serving as a police officer for 24 years. Under the terms of his divorce settlement three years earlier, the officer’s ex-wife received 25 percent of his pension. But a few years into his retirement, the officer pleaded “no contest” in Florida court to one count of exploitation of an elderly person. Basically, prosecutors charged the retired officer with forging his mother’s signature on documents that were notarized by the city’s records clerk.

Since the notarization occurred while the retired officer was still technically on the city payroll, the city sought forfeiture of his pension benefits on the basis of his plea. The city’s argument was that the officer abused the “free notary services of the City’s records clerk.”

But as the Fifth District explained in its decision, there was nothing to suggest that the officer abused his position as a city employee in using the notary services. Put simply, there was no connection between the officer’s duties and his decision to use the notary. Indeed, any city employee was allowed to use the free notary service. The officer did not pressure or influence the notary in any way. There was therefore no lawful basis for ordering the forfeiture of the now-retired officer’s pension.

Contact an Orlando White Collar Crime Lawyer Today

Alleged crimes involving theft from an employer–public or private–are often prosecuted harshly in Florida. That is why it is critical to work with a skilled Orlando white collar criminal defense attorney who can represent your interests. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

5dca.flcourts.gov/content/download/2441552/opinion/Opinion_2022-3029.pdf