May 27, 2020
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       Florida Senate - 2010                (Corrected Copy)    SB 1076
       By Senators Gelber and Rich
       34-00968C-10                                          20101076__
    1                        A bill to be entitled                      
    2         An act relating to standards of conduct; providing a
    3         short title; amending s. 838.022, F.S.; providing that
    4         it is a third-degree felony for a public servant, with
    5         corrupt intent, to willfully fail to disclose certain
    6         direct or indirect financial interests or benefits;
    7         defining the term “with corrupt intent”; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. This act may be cited as the “Restoring Faith in
   13  Public Office Act.”
   14         Section 2. Section 838.022, Florida Statutes, is amended to
   15  read:
   16         838.022 Official misconduct.—
   17         (1) It is unlawful for a public servant, with corrupt
   18  intent to obtain a benefit for any person or to cause harm to
   19  another, to:
   20         (a) Falsify, or cause another person to falsify, any
   21  official record or official document;
   22         (b) Conceal, cover up, destroy, mutilate, or alter any
   23  official record or official document or cause another person to
   24  perform such an act; or
   25         (c) Obstruct, delay, or prevent the communication of
   26  information relating to the commission of a felony that directly
   27  involves or affects the public agency or public entity served by
   28  the public servant.
   29         (2) It is unlawful for a public servant, with corrupt
   30  intent, in a matter falling within the public servant’s duties,
   31  to willfully fail to disclose:
   32         (a) A direct or indirect financial interest, or future
   33  financial interest, of the public servant or any member of his
   34  or her immediate family; or
   35         (b) Any direct or indirect benefit, or future benefit,
   36  inuring to the public servant or any member of his or her
   37  immediate family.
   38         (3)(2) For the purposes of this section:
   39         (a) The term “public servant” does not include a candidate
   40  who does not otherwise qualify as a public servant.
   41         (b) The term “with corrupt intent” means acting knowingly
   42  and dishonestly for a wrongful purpose.
   43         (c)(b) An official record or official document includes
   44  only public records.
   45         (4)(3) Any person who violates this section commits a
   46  felony of the third degree, punishable as provided in s.
   47  775.082, s. 775.083, or s. 775.084.
   48         Section 3. This act shall take effect July 1, 2010.

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