Florida Senate - 2009                                    SB 2258
       
       
       
       By Senator Gelber
       
       
       
       
       35-01271-09                                           20092258__
    1                        A bill to be entitled                      
    2         An act relating to offenses by public officials or
    3         others; creating s. 838.23, F.S.; prohibiting a person
    4         or public servant from engaging in certain activities
    5         to deprive another of his or her right of honest
    6         services; providing for such prohibition to be
    7         construed in accordance with certain federal laws;
    8         providing penalties; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 838.23, Florida Statutes, is created to
   13  read:
   14         838.23 Theft or deprivation of honest services.—
   15         (1) A person, including a public servant as defined in s.
   16  838.014, may not engage in a scheme or artifice to deprive
   17  another of the intangible right of honest services or any
   18  activity in contravention of his or her commitment to provide
   19  loyal service or honest governance for the residents of this
   20  state or a local government within this state.
   21         (2) This section shall be construed, to the extent
   22  possible, in accordance with the standards and intent set forth
   23  under 18 U.S.C. 1346.
   24         (3) Any person who engages in an activity described in
   25  subsection (1) commits a felony of the third degree, punishable
   26  as provided in s. 775.082, s. 775.083, or s. 775.084.
   27         Section 2. This act shall take effect October 1, 2009.