Florida Senate - 2011 SB 1692
By Senator Diaz de la Portilla
36-01228-11 20111692__
1 A bill to be entitled
2 An act relating to public corruption; amending s.
3 112.312, F.S.; redefining the term “gift” to exclude
4 contributions or expenditures reported under federal
5 election law; amending s. 112.3145, F.S.; redefining
6 the term “local officer” for the purposes of
7 disclosing financial interests to include members of a
8 community redevelopment agency board and any finance
9 director of a county, municipality, or other political
10 subdivision; repealing s. 838.014(4), F.S., relating
11 to the term “corruptly” or “with corrupt intent” to
12 conform provisions to changes made by the act;
13 amending s. 838.015, F.S.; redefining the term
14 “bribery” as it relates to the requisite mental state
15 for the offense of bribery; amending ss. 838.016 and
16 838.022, F.S.; revising provisions relating to the
17 requisite mental state for the offenses of unlawful
18 compensation and reward for official behavior and
19 official misconduct, to conform to changes made by the
20 act; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (b) of subsection (12) of section
25 112.312, Florida Statutes, is amended to read:
26 112.312 Definitions.—As used in this part and for purposes
27 of the provisions of s. 8, Art. II of the State Constitution,
28 unless the context otherwise requires:
29 (12)
30 (b) “Gift” does not include:
31 1. Salary, benefits, services, fees, commissions, gifts, or
32 expenses associated primarily with the donee’s employment,
33 business, or service as an officer or director of a corporation
34 or organization.
35 2. Contributions or expenditures reported pursuant to
36 chapter 106 or federal election law, campaign-related personal
37 services provided without compensation by individuals
38 volunteering their time, or any other contribution or
39 expenditure by a political party.
40 3. An honorarium or an expense related to an honorarium
41 event paid to a person or the person’s spouse.
42 4. An award, plaque, certificate, or similar personalized
43 item given in recognition of the donee’s public, civic,
44 charitable, or professional service.
45 5. An honorary membership in a service or fraternal
46 organization presented merely as a courtesy by such
47 organization.
48 6. The use of a public facility or public property, made
49 available by a governmental agency, for a public purpose.
50 7. Transportation provided to a public officer or employee
51 by an agency in relation to officially approved governmental
52 business.
53 8. Gifts provided directly or indirectly by a state,
54 regional, or national organization which promotes the exchange
55 of ideas between, or the professional development of,
56 governmental officials or employees, and whose membership is
57 primarily composed of elected or appointed public officials or
58 staff, to members of that organization or officials or staff of
59 a governmental agency that is a member of that organization.
60 Section 2. Paragraph (a) of subsection (1) of section
61 112.3145, Florida Statutes, is amended to read:
62 112.3145 Disclosure of financial interests and clients
63 represented before agencies.—
64 (1) For purposes of this section, unless the context
65 otherwise requires, the term:
66 (a) “Local officer” means:
67 1. Every person who is elected to office in any political
68 subdivision of the state, and every person who is appointed to
69 fill a vacancy for an unexpired term in such an elective office.
70 2. Any appointed member of any of the following boards,
71 councils, commissions, authorities, or other bodies of any
72 county, municipality, school district, independent special
73 district, or other political subdivision of the state:
74 a. The governing body of the political subdivision, if
75 appointed;
76 b. An expressway authority or transportation authority
77 established by general law;
78 c. A community college or junior college district board of
79 trustees;
80 d. A board having the power to enforce local code
81 provisions;
82 e. A planning or zoning board, board of adjustment, board
83 of appeals, community redevelopment agency board, or other board
84 having the power to recommend, create, or modify land planning
85 or zoning within the political subdivision, except for citizen
86 advisory committees, technical coordinating committees, and such
87 other groups who only have the power to make recommendations to
88 planning or zoning boards;
89 f. A pension board or retirement board having the power to
90 invest pension or retirement funds or the power to make a
91 binding determination of one’s entitlement to or amount of a
92 pension or other retirement benefit; or
93 g. Any other appointed member of a local government board
94 who is required to file a statement of financial interests by
95 the appointing authority or the enabling legislation, ordinance,
96 or resolution creating the board.
97 3. Any person holding one or more of the following
98 positions: mayor; county or city manager; chief administrative
99 employee of a county, municipality, or other political
100 subdivision; county or municipal attorney; finance director of a
101 county, municipality, or other political subdivision; chief
102 county or municipal building code inspector; county or municipal
103 water resources coordinator; county or municipal pollution
104 control director; county or municipal environmental control
105 director; county or municipal administrator, with power to grant
106 or deny a land development permit; chief of police; fire chief;
107 municipal clerk; district school superintendent; community
108 college president; district medical examiner; or purchasing
109 agent having the authority to make any purchase exceeding the
110 threshold amount provided for in s. 287.017 for CATEGORY ONE, on
111 behalf of any political subdivision of the state or any entity
112 thereof.
113 Section 3. Subsection (4) of section 838.014, Florida
114 Statutes, is repealed.
115 Section 4. Subsection (1) of section 838.015, Florida
116 Statutes, is amended to read:
117 838.015 Bribery.—
118 (1) “Bribery” means knowingly corruptly to give, offer, or
119 promise to any public servant, or, if a public servant,
120 knowingly corruptly to request, solicit, accept, or agree to
121 accept for himself or herself or another, any pecuniary or other
122 benefit not authorized by law with an intent or purpose to
123 influence the performance of any act or omission which the
124 person believes to be, or the public servant represents as
125 being, within the official discretion of a public servant, in
126 violation of a public duty, or in performance of a public duty.
127 Section 5. Subsections (1) and (2) of section 838.016,
128 Florida Statutes, are amended to read:
129 838.016 Unlawful compensation or reward for official
130 behavior.—
131 (1) It is unlawful for any person knowingly corruptly to
132 give, offer, or promise to any public servant, or, if a public
133 servant, knowingly corruptly to request, solicit, accept, or
134 agree to accept, any pecuniary or other benefit not authorized
135 by law, for the past, present, or future performance,
136 nonperformance, or violation of any act or omission which the
137 person believes to have been, or the public servant represents
138 as having been, either within the official discretion of the
139 public servant, in violation of a public duty, or in performance
140 of a public duty. Nothing herein shall be construed to preclude
141 a public servant from accepting rewards for services performed
142 in apprehending any criminal.
143 (2) It is unlawful for any person knowingly corruptly to
144 give, offer, or promise to any public servant, or, if a public
145 servant, knowingly corruptly to request, solicit, accept, or
146 agree to accept, any pecuniary or other benefit not authorized
147 by law for the past, present, or future exertion of any
148 influence upon or with any other public servant regarding any
149 act or omission which the person believes to have been, or which
150 is represented to him or her as having been, either within the
151 official discretion of the other public servant, in violation of
152 a public duty, or in performance of a public duty.
153 Section 6. Subsection (1) of section 838.022, Florida
154 Statutes, is amended to read:
155 838.022 Official misconduct.—
156 (1) It is unlawful for a public servant, to knowingly with
157 corrupt intent to obtain a benefit for any person or to cause
158 harm to another, to:
159 (a) Falsify, or cause another person to falsify, any
160 official record or official document;
161 (b) Conceal, cover up, destroy, mutilate, or alter any
162 official record or official document or cause another person to
163 perform such an act; or
164 (c) Obstruct, delay, or prevent the communication of
165 information relating to the commission of a felony that directly
166 involves or affects the public agency or public entity served by
167 the public servant.
168 Section 7. This act shall take effect July 1, 2011.