Florida Senate - 2010 (Corrected Copy) SB 1076
By Senators Gelber and Rich
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.
10 Be It Enacted by the Legislature of the State of Florida:
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
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.
(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.