Warshaw v. City of Miami Firefighters' & Police Officers' Retirement Trust

The majority opinion is contrary to decisions of the Florida Supreme Court, other district courts of appeal and this court which mandate a strict construction of forfeiture statutes. The majority opinion fails to address, much less apply, the correct legal standard.

I

The appellee Pension Board6 has ordered the forfeiture of the pension of the former City of Miami Police Chief, Donald H. Warshaw. Warshaw pled guilty in federal court to one count of mail fraud in violation of 18 U.S.C. § 1341.

Under Florida law, a public employee’s pension may be forfeited if the public employee is convicted of…