4D11-585-Tommie Joe Brock v. Department of Management Services, Division of Retirement

State: Florida

Court: Florida Southern District Court

Docket No: 4D11-585.op

Case Date: 10/17/2012

Plaintiff: 4D11-585-Tommie Joe Brock

Defendant: Department of Management Services, Division of Retirement

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2012

TOMMIE JOE BROCK, Appellant, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee. No. 4D11-585 [October 17, 2012] GERBER, J. The former employee appeals the Department's final order concluding that, pursuant to section 112.3173, Florida Statutes (2009), h e was "convicted" of a specified offense based on his no contest plea, thereby requiring the forfeiture of his Florida retirement system rights and benefits. The former employee argues that section 112.3173, by defining "convicted" to include a no contest plea, regardless of the lack of a guilty plea or adjudication, unconstitutionally broadens the term "convicted" beyond its plain meaning as used in Article II, Section 8 of the Florida Constitution. We disagree with that argument and affirm. Before explaining why we disagree with the former employee's argument, we will briefly examine the origins of both Article II, Section 8, and section 112.3173. Article II, Section 8 was added to the Florida Constitution in 1976. Entitled "Ethics in government," Section 8 contains various reforms related to public service. As pertinent here, Section 8 provides: A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: ....

(d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law. Art. II,

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