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BROCK v. DEPT. OF MANAGEMENT SERVICES

No. 4D11-585.

98 So.3d 771 (2012)

Tommie Joe BROCK, Appellant, v. DEPARTMENT OF MANAGEMENT SERVICES, Division of Retirement, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 2012.

Attorney(s) appearing for the Case

Robert J. Watson of Robert J. Watson, P.A., Stuart, for appellant.

Geoffrey M. Christian , Tallahassee, for appellee.

GERBER, J.

The former employee appeals the Department's final order concluding that, pursuant to section 112.3173, Florida Statutes (2009), he 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...

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