Bill Text: FL S1076 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Servants [GPSC]

Spectrum: Slight Partisan Bill (Democrat 7-4)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1076 Detail]

Download: Florida-2010-S1076-Introduced.html

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Florida Senate - 2010                (Corrected Copy)    SB 1076 
 
By Senators Gelber and Rich 
34-00968C-10                                          20101076__ 
1                        A bill to be entitled 
2         An act relating to standards of conduct; providing a 
3         short title; amending s. 838.022, F.S.; providing that 
4         it is a third-degree felony for a public servant, with 
5         corrupt intent, to willfully fail to disclose certain 
6         direct or indirect financial interests or benefits; 
7         defining the term “with corrupt intent”; providing an 
8         effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. This act may be cited as the “Restoring Faith in 
13  Public Office Act.” 
14         Section 2. Section 838.022, Florida Statutes, is amended to 
15  read: 
16         838.022 Official misconduct.— 
17         (1) It is unlawful for a public servant, with corrupt 
18  intent to obtain a benefit for any person or to cause harm to 
19  another, to: 
20         (a) Falsify, or cause another person to falsify, any 
21  official record or official document; 
22         (b) Conceal, cover up, destroy, mutilate, or alter any 
23  official record or official document or cause another person to 
24  perform such an act; or 
25         (c) Obstruct, delay, or prevent the communication of 
26  information relating to the commission of a felony that directly 
27  involves or affects the public agency or public entity served by 
28  the public servant. 
29         (2) It is unlawful for a public servant, with corrupt 
30  intent, in a matter falling within the public servant’s duties, 
31  to willfully fail to disclose: 
32         (a) A direct or indirect financial interest, or future 
33  financial interest, of the public servant or any member of his 
34  or her immediate family; or 
35         (b) Any direct or indirect benefit, or future benefit, 
36  inuring to the public servant or any member of his or her 
37  immediate family. 
38         (3)(2) For the purposes of this section: 
39         (a) The term “public servant” does not include a candidate 
40  who does not otherwise qualify as a public servant. 
41         (b) The term “with corrupt intent” means acting knowingly 
42  and dishonestly for a wrongful purpose. 
43         (c)(b) An official record or official document includes 
44  only public records. 
45         (4)(3) Any person who violates this section commits a 
46  felony of the third degree, punishable as provided in s. 
47  775.082, s. 775.083, or s. 775.084. 
48         Section 3. This act shall take effect July 1, 2010.