Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 2088
Barcode 556338
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/27/2011 .
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The Committee on Rules (Siplin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 318 - 332
4 and insert:
5 Section 9. Subsection (1) of section 838.022, Florida
6 Statutes, is amended, and subsection (4) is added to that
7 section, to read:
8 838.022 Official misconduct.—
9 (1) It is unlawful for a public servant, to knowingly with
10 corrupt intent to obtain a benefit for any person or to cause
11 harm to another, to:
12 (a) Falsify, or cause another person to falsify, any
13 official record or official document.;
14 (b) Conceal, cover up, destroy, mutilate, or alter any
15 official record or official document or cause another person to
16 perform such an act.; or
17 (c) Obstruct, delay, or prevent the communication of
18 information relating to the commission of a felony that directly
19 involves or affects the public agency or public entity served by
20 the public servant.
21 (d) Render any ruling, order or opinion, action or inaction
22 adversely or contrary to the doctrine of stare decisis, binding
23 precedent, the Supremacy Clause of the United States
24 Constitution, or oath of office when clearly informed of such
25 evidence or information, unless having the authority to overrule
26 or recede from such rule of law, or distinguish such rule of law
27 or set forth some other intervening or superseding evidence or
28 information, and does so by such ruling, order, or opinion, or
29 action or inaction.
30 (e) Commit or cause any act in violation of 18 U.S.C. 241
31 or 18 U.S.C. 242 under federal law.
32 (4) This section must be strictly enforced by law
33 enforcement and state attorneys without discretion.
34 Section 10. Section 839.24, Florida Statutes, is amended to
35 read:
36 839.24 Penalty for failure to perform duty required of
37 officer.—A sheriff, judicial officer, quasi-judicial officer,
38 county court judge, prosecuting officer, court reporter,
39 stenographer, interpreter, or other officer required to perform
40 any duty under any provision of the Rules of Court or chapter
41 120 the criminal procedure law who willfully or negligently
42 fails or knowingly refuses to perform his or her duty is shall
43 be guilty of a misdemeanor of the first second degree,
44 punishable as provided in s. 775.082 or s. 775.083. This section
45 must be strictly enforced by law enforcement and state
46 attorney’s without discretion.
47 Section 11. Subsection (4) of section 843.0855, Florida
48 Statutes, is amended to read:
49 843.0855 Criminal actions under color of law or through use
50 of simulated legal process.—
51 (4)(a) Any person who falsely under color of law attempts
52 in any way to influence, intimidate, or hinder a public officer
53 or law enforcement officer in the discharge of his or her
54 official duties by means of, but not limited to, threats of or
55 actual physical abuse or harassment, or through the use of
56 simulated legal process, commits a felony of the third degree,
57 punishable as provided in s. 775.082 or s. 775.083.
58 (b) Any public servant or employee who, under color of law,
59 in any manner intentionally obstructs or attempts to obstruct
60 the due execution of the law, or with the intent to intimidate,
61 hinder, deprive, or interrupt any officer, beverage enforcement
62 agent, or other person or party in the legal performance of his
63 or her duty or the exercise of his or her rights under the
64 constitution or laws of this state or the United States, in
65 connection with or relating to any legal process, whether such
66 intent is effected or not, commits a felony of the third degree,
67 punishable as provided in s. 775.082 or s. 775.083.
68 (c) Any public servant or employee who, under color of law,
69 in any manner intentionally renders any ruling, order or
70 opinion, or action or inaction adverse or contrary to the
71 doctrines of stare decisis, binding precedent, the Supremacy
72 Clause of the United States Constitution, or oath of office, in
73 connection with or relating to any legal process affecting
74 persons or property, when clearly informed of such evidence or
75 information, unless having the authority to overrule or recede
76 from such rule of law, or distinguish such rule of law or set
77 forth some other intervening or superseding evidence or
78 information, and does so by such ruling, order or opinion, or
79 action or inaction, commits a felony of the second degree,
80 punishable as provided in s. 775.082 or s. 775.083.
81 (d) Any public servant or employee or person who commits or
82 causes any act in violation of 18 U.S.C. 241 or 18 U.S.C. 242
83 under federal law, in connection with or relating to any legal
84 process affecting a person or property, is guilty of a felony of
85 the second degree, punishable as provided in s. 775.082 or s.
86 775.083.
87 (e) This section must be strictly enforced by law
88 enforcement and state attorneys without discretion.
89
90 ================= T I T L E A M E N D M E N T ================
91 And the title is amended as follows:
92 Delete lines 74 - 78
93 and insert:
94 of bribery; amending s. 838.016, F.S.; revising
95 provisions relating to the requisite mental state for
96 the offenses of unlawful compensation and reward for
97 official behavior and official misconduct, to conform
98 to changes made by the act; amending s. 838.022, F.S.;
99 revising provisions relating to the requisite mental
100 state for the offenses of unlawful compensation and
101 reward for official behavior and official misconduct,
102 to conform to changes made by the act; adding actions
103 by a public servant that are illegal; requiring the
104 section be strictly enforced without discretion;
105 amending s. 839.24, F.S.; revising the public servants
106 who are affected and duties for which failure of
107 performance is a misdemeanor of the first degree;
108 requiring the section be strictly enforced without
109 discretion; amending s. 843.0855, F.S.; adding certain
110 actions under color of law by a public servant or
111 employee to be unlawful; providing penalties;
112 requiring the section be strictly enforced without
113 discretion; providing an