Florida Public Officials Convicted of Certain Crimes Face Retirement Forfeiture

When a man assumes a public trust, he should consider himself as public property...”

Thomas Jefferson

The Florida Constitution mandates that "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 ..." That could have significant financial consequences for former Manatee County Administrator Scott Hopes, who was arrested on three felony charges last week. 

When a government official is elected to a seat of public service, appointed to public office, or becomes an employee of a public employer, the privilege comes with the foremost responsibility of upholding the public’s trust. If a public official is found to have abused or misused their position for personal gain, society is the determined victim. Florida statutes recognize this breach and seek to address what happens to an elected or appointed official’s taxpayer-funded pension should they be convicted of certain crimes while in an official role of public service.

The United States’ third President, Thomas Jefferson, opined on the basic principle of public service stating, “When a man assumes a public trust, he should consider himself as public property, and justly liable to the inspection and vigilance of public opinion; and the more sensibly he is made to feel his dependence, the less danger will there be of his abuse of power—the abuse of power, that rock on which good governments, and the people’s rights, have been so often wrecked.”

Over time, Jefferson’s sentiments have been summarized by many others to state most simply, “Public service is a public trust.”

The privilege of serving as a public official—either elected or appointed—doesn’t come without some benefit for those who put in the required years to qualify to receive a taxpayer-funded pension. Across the country, states have enacted laws to address what should become of public officials’ taxpayer-funded retirement should an official be convicted of committing certain crimes while in a position of public service.

Florida’s State Constitution and statutes outline specific circumstances under which a public official would be subject to forfeiture of any taxpayer benefit they might otherwise receive through the Florida Retirement System (FRS). All pension payments that would otherwise be due to a public official in the state who is found to have committed certain crimes would see contributions made by his or her employer (the taxpayers) canceled or forfeited. The guilty official would only receive the contributions they had paid into the retirement program themselves.

The Florida Constitution, Article II, Section 8 provides in part, “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… 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.”

Florida Statute, Section 112.3173(2)(e), provides how the forfeiture of retirement benefits shall be applied and under which specified offenses. According to the law, such crimes include the commission of any felony under laws governing misuse of public office, aiding or abetting embezzlement of public funds or any grand theft from the public employer, bribery in connection with employment, any felony committed with the intent to defraud the public or the employer of the right to receive faithful performance of duty, receiving or attempting to receive personal profit or advantage—or profit or advantage to another person—through one’s position, or if convicted of committing certain felonies against a victim younger than 16, or against a victim younger than 18, as defined by Florida Statutes.

Under the Frequently Asked Questions page of the My Florida Retirement System website, benefit forfeiture in instances of certain crimes is explained. According to the information provided, if a public official commits a crime as specified by Florida Statutes as requiring forfeiture of benefits and is “found guilty, or enters a plea of guilty or nolo contendere, or if their employment was terminated because of an admission to committing, aiding, or abetting a specified crime, retirement rights and benefits are forfeited.”

“Nolo contendere” is a plea of “no contest." In a criminal proceeding, a defendant may enter a plea of nolo contendere, whereby the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.

State law provides that when taxpayer-funded retirement is subject to forfeiture, the official could only receive a refund for whatever payments they put into their investment fund as personal contributions.

Last week, news broke that a former public official of the Manatee County Government was charged and booked for the alleged commission of three third-degree felonies. Manatee County’s former administrator, Scott Hopes, is accused of committing notary fraud, grand theft, and criminal use of public record while serving in his public position.

Hopes' resume, as obtained by TBT, reveals that his time with Manatee County was not the only time he reports having worked under an FRS employer in the state of Florida. Hopes reported that he was a Hillsborough County School District teacher from 1984 to 1986, having worked for the district for two years and two months. From 1999 to 2001, totaling another two years and three months, Hopes reported working for the Florida Agency for Health Care Administration.

Based on his resume, it appears that the next FRS eligible public position Hopes held came in 2017 when former Florida Governor Rick Scott appointed him to the Manatee School Board. Hopes remained on the school board until 2021, when he was selected by the Manatee County Commission to serve as county administrator. Between his local school board service and his time as county administrator, Hopes racked up another five years and eleven months under public agencies.

In total, Hopes may have just over 10 years “vested” toward his FRS retirement. “Vesting” refers to an FRS member’s eligibility to receive a future benefit by having completed the required years of creditable public service.

FRS requires that a public official or employee have one year of service with an FRS employer to be vested in an Investment Plan. Vesting is based on total service in both the Pension Plan and the Investment Plan. Service is the total of all whole and partial years one worked with an FRS employer in a covered position.

According to the FRS website, a public official or employee enrolled in the FRS before July 1, 2011, must have six years of service with an FRS employer to be “fully vested.” If the individual enrolled on or after July 1, 2011, eight years of service are required to become “fully vested.”

Benefits paid out under the taxpayer-funded pension plan are calculated based on a set formula that considers the years of total service, annual compensation, and the average of the highest five fiscal years of salary earned during employment. Click here to learn more about how FRS benefits are calculated.

Under Florida law, each third-degree felony Hopes has been charged with can carry penalties of up to 5 years in jail and a $5,000 fine—per offense—if convicted. While the felony offenses do not carry mandatory minimums and someone with no prior convictions could avoid jail time and the highest fines allowable under the law, Hopes’ future pension benefits could be at risk of forfeiture should he be convicted or should he enter a plea of nolo contendere (no contest).