HB 585

1
A bill to be entitled
2An act relating to standards of conduct; providing a short
3title; amending s. 838.022, F.S.; providing that it is a
4third-degree felony for a public servant, with corrupt
5intent, to willfully fail to disclose certain direct or
6indirect financial interests or benefits; defining the
7term "with corrupt intent"; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  This act may be cited as the "Restoring Faith
12in Public Office Act."
13     Section 2.  Section 838.022, Florida Statutes, is amended
14to read:
15     838.022  Official misconduct.-
16     (1)  It is unlawful for a public servant, with corrupt
17intent to obtain a benefit for any person or to cause harm to
18another, to:
19     (a)  Falsify, or cause another person to falsify, any
20official record or official document;
21     (b)  Conceal, cover up, destroy, mutilate, or alter any
22official record or official document or cause another person to
23perform such an act; or
24     (c)  Obstruct, delay, or prevent the communication of
25information relating to the commission of a felony that directly
26involves or affects the public agency or public entity served by
27the public servant.
28     (2)  It is unlawful for a public servant, with corrupt
29intent, in a matter falling within the public servant's duties,
30to willfully fail to disclose:
31     (a)  A direct or indirect financial interest, or future
32financial interest, of the public servant or any member of his
33or her immediate family; or
34     (b)  Any direct or indirect benefit, or future benefit,
35inuring to the public servant or any member of his or her
36immediate family.
37     (3)(2)  For the purposes of this section:
38     (a)  The term "public servant" does not include a candidate
39who does not otherwise qualify as a public servant.
40     (b)  The term "with corrupt intent" means acting knowingly
41and dishonestly for a wrongful purpose.
42     (c)(b)  An official record or official document includes
43only public records.
44     (4)(3)  Any person who violates this section commits a
45felony of the third degree, punishable as provided in s.
46775.082, s. 775.083, or s. 775.084.
47     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.