| 1 | A bill to be entitled |
| 2 | An act relating to offenses by public officials or others; |
| 3 | creating s. 838.23, F.S.; prohibiting a person or public |
| 4 | servant from engaging in certain activities to deprive |
| 5 | another of his or her right of honest services; providing |
| 6 | for such prohibition to be construed in accordance with |
| 7 | certain federal laws; providing penalties; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 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. s. 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, 2010. |