| 1 | A bill to be entitled |
| 2 | An act relating to standards of conduct; providing a short |
| 3 | title; amending s. 838.022, F.S.; providing that it is a |
| 4 | third-degree felony for a public servant, with corrupt |
| 5 | intent, to willfully fail to disclose certain direct or |
| 6 | indirect financial interests or benefits; defining the |
| 7 | term "with corrupt intent"; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. This act may be cited as the "Restoring Faith |
| 12 | in Public Office Act." |
| 13 | Section 2. Section 838.022, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 838.022 Official misconduct.- |
| 16 | (1) It is unlawful for a public servant, with corrupt |
| 17 | intent to obtain a benefit for any person or to cause harm to |
| 18 | another, to: |
| 19 | (a) Falsify, or cause another person to falsify, any |
| 20 | official record or official document; |
| 21 | (b) Conceal, cover up, destroy, mutilate, or alter any |
| 22 | official record or official document or cause another person to |
| 23 | perform such an act; or |
| 24 | (c) Obstruct, delay, or prevent the communication of |
| 25 | information relating to the commission of a felony that directly |
| 26 | involves or affects the public agency or public entity served by |
| 27 | the public servant. |
| 28 | (2) It is unlawful for a public servant, with corrupt |
| 29 | intent, in a matter falling within the public servant's duties, |
| 30 | to willfully fail to disclose: |
| 31 | (a) A direct or indirect financial interest, or future |
| 32 | financial interest, of the public servant or any member of his |
| 33 | or her immediate family; or |
| 34 | (b) Any direct or indirect benefit, or future benefit, |
| 35 | inuring to the public servant or any member of his or her |
| 36 | immediate family. |
| 37 | (3)(2) For the purposes of this section: |
| 38 | (a) The term "public servant" does not include a candidate |
| 39 | who does not otherwise qualify as a public servant. |
| 40 | (b) The term "with corrupt intent" means acting knowingly |
| 41 | and dishonestly for a wrongful purpose. |
| 42 | (c)(b) An official record or official document includes |
| 43 | only public records. |
| 44 | (4)(3) Any person who violates this section commits a |
| 45 | felony of the third degree, punishable as provided in s. |
| 46 | 775.082, s. 775.083, or s. 775.084. |
| 47 | Section 3. This act shall take effect July 1, 2010. |