Cuenca v. State Board of Administration
A former Miami-Dade public school coach who pled nolo contendere to two counts of felony battery arising from sexual misconduct with student athletes challenged the State Board of Administration's order forfeiting his FRS Investment Plan benefits under the 'catch-all' provision of section 112.3173(2)(e)6. The Third DCA affirmed, holding that the Board properly rejected the ALJ's legal conclusion that no nexus existed, because the coach's position gave him authority over and access to the student victims, and the nexus was proven by non-hearsay plea-colloquy evidence and the employee's own admissions.
Key facts
- A former Miami-Dade public school coach pleaded nolo contendere to two counts of felony battery arising from sexual misconduct with student athletes.
- The State Board of Administration ordered forfeiture of the coach's FRS Investment Plan benefits under the 'catch-all' provision of section 112.3173(2)(e)6.
- +2 more key facts with a free trial
Why it matters
This decision gives public-pension and administrative practitioners a usable roadmap for proving (or attacking) the nexus element of section 112.3173 forfeiture: a plea colloquy transcript with a stipulated factual… — full analysis with a trial
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