Florida Senate - 2009                                    SB 1142
       
       
       
       By Senator Wise
       
       
       
       
       5-00941-09                                            20091142__
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending s. 112.313, F.S.; providing additional acts
    4         that constitute a breach of duty by a public official,
    5         an agency employee, or a local government attorney;
    6         amending s. 838.022, F.S.; expanding the list of acts
    7         of official misconduct; requiring state attorneys and
    8         law enforcement agencies to strictly enforce the
    9         provisions prohibiting official misconduct; amending
   10         s. 839.24, F.S.; providing that the failure of a
   11         sheriff, judicial officer, quasi-judicial officer,
   12         prosecuting officer, court reporter, stenographer,
   13         interpreter, or other public officer to perform a
   14         required duty is a misdemeanor of the second degree;
   15         requiring state attorneys and law enforcement agencies
   16         to strictly enforce such provisions; amending s.
   17         843.0855, F.S.; providing penalties for additional
   18         criminal actions committed by a public servant;
   19         requiring state attorneys and law enforcement agencies
   20         to strictly enforce such provisions; providing an
   21         effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Subsections (18) and (19) are added to section
   26  112.313, Florida Statutes, to read:
   27         112.313 Standards of conduct for public officers, employees
   28  of agencies, and local government attorneys.—
   29         (18)ADDITIONAL ACTS OF BREACH OF DUTY.—A public official,
   30  an agency employee, or a local government attorney under the
   31  jurisdiction of the commission may not cause or commit a
   32  misfeasance, malfeasance, or nonfeasance in office; any common,
   33  constitutional, or statutory law violations or deprivations in
   34  office; or any common, constitutional, or statutory law
   35  violations against or deprivations of others while conducting
   36  the duties of his or her office, irrespective of whether such
   37  acts, violations, or deprivations result in conflict between the
   38  public duties and private interests of the public officer,
   39  agency employee, or local government attorney. These acts,
   40  violations, or deprivations are also a breach of the public
   41  trust as defined in s. 112.312.
   42         (19)ENFORCEMENT.—The Commission on Ethics shall strictly
   43  enforce compliance with this section.
   44         Section 2. Section 838.022, Florida Statutes, is amended to
   45  read:
   46         838.022 Official misconduct.—
   47         (1) It is unlawful for a public servant, especially one
   48  that has judicial or quasi-judicial authority, with corrupt
   49  intent to obtain with corrupt intent a benefit for any person or
   50  to cause harm to another, to:
   51         (a) Falsify, or cause another person to falsify, any
   52  official record or official document;
   53         (b) Conceal, cover up, destroy, mutilate, or alter any
   54  official record or official document or cause another person to
   55  perform such an act; or
   56         (c) Obstruct, delay, or prevent the communication of
   57  information relating to the commission of a felony that directly
   58  involves or affects the public agency or public entity served by
   59  the public servant; or.
   60         (d)Render any ruling, opinion, action, or inaction adverse
   61  to the doctrines of stare decisis, binding precedent, or the
   62  supremacy clause of the United States Constitution when he or
   63  she is clearly apprised of evidence, unless he or she has the
   64  authority to overrule or recede from the rule of law, or
   65  distinguishes the rule of law or sets forth some other
   66  intervening or superseding evidence, and does so by the ruling,
   67  opinion, action, or inaction.
   68         (2) For the purposes of this section:
   69         (a) The term “public servant” does not include a candidate
   70  who does not otherwise qualify as a public servant.
   71         (b) An official record or official document includes only
   72  public records.
   73         (3) Any person who violates this section commits a felony
   74  of the third degree, punishable as provided in s. 775.082, s.
   75  775.083, or s. 775.084.
   76         (4)State attorneys and law enforcement agencies shall
   77  strictly enforce without discretion the provisions of this
   78  section.
   79         Section 3. Section 839.24, Florida Statutes, is amended to
   80  read:
   81         839.24 Penalty for failure to perform duty required of
   82  officer.—Any A sheriff, judicial officer, quasi-judicial officer
   83  county court judge, prosecuting officer, court reporter,
   84  stenographer, interpreter, or other officer required to perform
   85  any duty under any provision of the Florida Rules of Court or
   86  chapter 120 the criminal procedure law who willfully fails or
   87  corruptly refuses to perform his or her duty commits shall be
   88  guilty of a misdemeanor of the second degree, punishable as
   89  provided in s. 775.082 or s. 775.083. State attorneys and law
   90  enforcement agencies shall strictly enforce without discretion
   91  the provisions of this section.
   92         Section 4. Subsection (4) of section 843.0855, Florida
   93  Statutes, is amended to read:
   94         843.0855 Criminal actions under color of law or through use
   95  of simulated legal process.—
   96         (4)(a) Any person who falsely under color of law attempts
   97  in any way to influence, intimidate, or hinder a public officer
   98  or law enforcement officer in the discharge of his or her
   99  official duties by means of, but not limited to, threats of or
  100  actual physical abuse or harassment, or through the use of
  101  simulated legal process, commits a felony of the third degree,
  102  punishable as provided in s. 775.082 or s. 775.083.
  103         (b)Any public servant who, under color of law, in any
  104  manner intentionally obstructs or attempts to obstruct the due
  105  execution of the law, or who, with the intent to intimidate,
  106  hinder, deprive, or interrupt any officer, beverage enforcement
  107  agent, or other person or party in the legal performance of his
  108  or her duty or the exercise of his or her rights under state
  109  law, federal law, the State Constitution, or the United States
  110  Constitution, whether such intent is affected or not, commits a
  111  felony of the third degree, punishable as provided in s. 775.082
  112  or s. 775.083. State attorneys and law enforcement agencies
  113  shall strictly enforce without discretion the provisions of this
  114  subsection.
  115         Section 5. This act shall take effect October 1, 2009.