Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2088
       
       
       
       
       
       
                                Barcode 556338                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2011           .                                
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       The Committee on Rules (Siplin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 318 - 332
    4  and insert:
    5         Section 9. Subsection (1) of section 838.022, Florida
    6  Statutes, is amended, and subsection (4) is added to that
    7  section, to read:
    8         838.022 Official misconduct.—
    9         (1) It is unlawful for a public servant, to knowingly with
   10  corrupt intent to obtain a benefit for any person or to cause
   11  harm to another, to:
   12         (a) Falsify, or cause another person to falsify, any
   13  official record or official document.;
   14         (b) Conceal, cover up, destroy, mutilate, or alter any
   15  official record or official document or cause another person to
   16  perform such an act.; or
   17         (c) Obstruct, delay, or prevent the communication of
   18  information relating to the commission of a felony that directly
   19  involves or affects the public agency or public entity served by
   20  the public servant.
   21         (d) Render any ruling, order or opinion, action or inaction
   22  adversely or contrary to the doctrine of stare decisis, binding
   23  precedent, the Supremacy Clause of the United States
   24  Constitution, or oath of office when clearly informed of such
   25  evidence or information, unless having the authority to overrule
   26  or recede from such rule of law, or distinguish such rule of law
   27  or set forth some other intervening or superseding evidence or
   28  information, and does so by such ruling, order, or opinion, or
   29  action or inaction.
   30         (e) Commit or cause any act in violation of 18 U.S.C. 241
   31  or 18 U.S.C. 242 under federal law.
   32         (4) This section must be strictly enforced by law
   33  enforcement and state attorneys without discretion.
   34         Section 10. Section 839.24, Florida Statutes, is amended to
   35  read:
   36         839.24 Penalty for failure to perform duty required of
   37  officer.—A sheriff, judicial officer, quasi-judicial officer,
   38  county court judge, prosecuting officer, court reporter,
   39  stenographer, interpreter, or other officer required to perform
   40  any duty under any provision of the Rules of Court or chapter
   41  120 the criminal procedure law who willfully or negligently
   42  fails or knowingly refuses to perform his or her duty is shall
   43  be guilty of a misdemeanor of the first second degree,
   44  punishable as provided in s. 775.082 or s. 775.083. This section
   45  must be strictly enforced by law enforcement and state
   46  attorney’s without discretion.
   47         Section 11. Subsection (4) of section 843.0855, Florida
   48  Statutes, is amended to read:
   49         843.0855 Criminal actions under color of law or through use
   50  of simulated legal process.—
   51         (4)(a) Any person who falsely under color of law attempts
   52  in any way to influence, intimidate, or hinder a public officer
   53  or law enforcement officer in the discharge of his or her
   54  official duties by means of, but not limited to, threats of or
   55  actual physical abuse or harassment, or through the use of
   56  simulated legal process, commits a felony of the third degree,
   57  punishable as provided in s. 775.082 or s. 775.083.
   58         (b) Any public servant or employee who, under color of law,
   59  in any manner intentionally obstructs or attempts to obstruct
   60  the due execution of the law, or with the intent to intimidate,
   61  hinder, deprive, or interrupt any officer, beverage enforcement
   62  agent, or other person or party in the legal performance of his
   63  or her duty or the exercise of his or her rights under the
   64  constitution or laws of this state or the United States, in
   65  connection with or relating to any legal process, whether such
   66  intent is effected or not, commits a felony of the third degree,
   67  punishable as provided in s. 775.082 or s. 775.083.
   68         (c) Any public servant or employee who, under color of law,
   69  in any manner intentionally renders any ruling, order or
   70  opinion, or action or inaction adverse or contrary to the
   71  doctrines of stare decisis, binding precedent, the Supremacy
   72  Clause of the United States Constitution, or oath of office, in
   73  connection with or relating to any legal process affecting
   74  persons or property, when clearly informed of such evidence or
   75  information, unless having the authority to overrule or recede
   76  from such rule of law, or distinguish such rule of law or set
   77  forth some other intervening or superseding evidence or
   78  information, and does so by such ruling, order or opinion, or
   79  action or inaction, commits a felony of the second degree,
   80  punishable as provided in s. 775.082 or s. 775.083.
   81         (d) Any public servant or employee or person who commits or
   82  causes any act in violation of 18 U.S.C. 241 or 18 U.S.C. 242
   83  under federal law, in connection with or relating to any legal
   84  process affecting a person or property, is guilty of a felony of
   85  the second degree, punishable as provided in s. 775.082 or s.
   86  775.083.
   87         (e) This section must be strictly enforced by law
   88  enforcement and state attorneys without discretion.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91         And the title is amended as follows:
   92         Delete lines 74 - 78
   93  and insert:
   94         of bribery; amending s. 838.016, F.S.; revising
   95         provisions relating to the requisite mental state for
   96         the offenses of unlawful compensation and reward for
   97         official behavior and official misconduct, to conform
   98         to changes made by the act; amending s. 838.022, F.S.;
   99         revising provisions relating to the requisite mental
  100         state for the offenses of unlawful compensation and
  101         reward for official behavior and official misconduct,
  102         to conform to changes made by the act; adding actions
  103         by a public servant that are illegal; requiring the
  104         section be strictly enforced without discretion;
  105         amending s. 839.24, F.S.; revising the public servants
  106         who are affected and duties for which failure of
  107         performance is a misdemeanor of the first degree;
  108         requiring the section be strictly enforced without
  109         discretion; amending s. 843.0855, F.S.; adding certain
  110         actions under color of law by a public servant or
  111         employee to be unlawful; providing penalties;
  112         requiring the section be strictly enforced without
  113         discretion; providing an