HomeMy WebLinkAboutResolution No. 2015-17 RESOLUTION 2015-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
SUPPORTING CURRENT VERSION OF THE DRAFT BILL
ENTITLED MISUSE OF PUBLIC OFFICE ACT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral is and has been concerned
with ethics and public trust in government, and
WHEREAS,the current legislation regulating ethical violations in the State of Florida has
gaps which allow obvious ethical violations to go unpunished; and
WHEREAS, the City Council finds that unpunished ethical violations erodes the public
trust in government, which affects all public officials; and
WHEREAS, legislation, currently referred to as the Misuse of Public Office Act, has
been proposed for the 2016 session of the Florida Legislature by the Gannet Newspapers Inc,
including the Florida Today,and is being sponsored in the State Senate by Senator Donald J.Gaetz;
and
WHEREAS,the stated purpose of the proposed legislation is to address certain limitations
and issues currently contained in state law that, to date, have foreclosed the ability of law
enforcement and state attorneys to pursue certain persons who may have been involved in conduct
that would otherwise constitute improper behavior and/or corruption, but for the language
currently contained in state law; and
WHEREAS, the City Council of the City of Cape Canaveral supports the premise of the
proposed legislation, as currently drafted; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida that it supports the adoption of the Misuse of Public Office
Act attached hereto as Exhibit"A".
BE IT FURTHER RESOLVED, that the City Clerk transmit a certified copy of this
resolution to the Office of Senator Don Gaetz and the Office of Governor Rick Scott.
THIS RESOLUTION shall become effective immediately upon adoption by the City
Council of the City of Cape Canaveral, Florida.
(Adoption/Signature page follows)
City of Cape Canaveral
Resolution No.2015-17
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 20th day of October, 2015.
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J ' Rocky Randels, ayor
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ATTIrST: ... - ., Name FOR AGAINST
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4111 v we -ik��` John Bond x
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Ange Apperso , MC Bob Hoog x
City Clerk
Buzz Petsos Motion
Rocky Randels x
Betty Walsh SPrnnd
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
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Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2015-17
Page 2 of 2
Resolution No. 2015-17
k
Exhibit"A"
Senate Bill 15-
An act relating to the abuse of public office; amending Florida Statutes Section 838
• otherwise entitled the "Misuse of Public Office Act" by creating a short title; by creating a
statement of legislative intent; by deleting s. 838.014 (4) defining "corruptly" or "with corrupt
intent;" by creating a new s. 838.014 (4) defining "government entity;" by creating a new s.
838.014 (6) defining "intentionally"and "knowingly;" by creating s. 838.014 (7) defining"non-
governmental entity;" by amending s. 838.014 (6) (a) with respect to the definition of a "public
servant;"providing for the renumbering of the sections of s. 838.014; amending ss. 838.015 (1),
838.016 (1), 838.016 (2), 838.022 (1), 838.22 (1) and 838.22(2) by the deletion of the words:
"corruptly" and "with corrupt intent" and by the insertion therefore of the phrase: "intentionally
or knowingly";and providing for an effective date.
Be it Enacted by the Legislature of the State of Florida:
Section 1.Section 838,Florida Statutes, is amended to read:
• 838.001 Short title.-- this act may be cited as the Misuse of Public Office Act of 2015.
Section 2. Section 838,Florida Statutes, is amended to read:
•
838.002 Legislative intent.--
The legislature intends to amend Florida Statute Chapter 838 in order to strengthen the
provisions and penalties against corrupt public officials and those persons who either aid and
abet public officials or seek through their action to bribe or improperly solicit action or aid from
public officials for their own personal gain or that of the public officials. Further,the legislature
intends to amend Florida Statutes Section 838.014 to prevent the circumvention of the intent and
spirit of the laws which criminalize and punish corruption of public officials and thosepersons
who participate in such corruption. This act facilitates charging and convicting corrupt public
officials and those persons who aid and abet them or otherwise participate in such corruption
while preserving the constitutional rights of any accused. This act will accomplish the foregoing
by amending Florida Statutes s. 838.014 to include officers or employees of governmental
entities and representatives of non-governmental entities who have heretofore escaped
prosecution for corruption based upon technicalities of non-inclusion in the statute. This act,by
including previously un-included individuals who have acted corruptly but have been technically
not within the purview of Florida statutes Chapter 838 will act to preserve and promote public
trust in the legal system which has all too often let guilty individuals go free or not be charged
because they are technically outside the definition of public servant found in Florida Statute
s.838.014. Furthermore, this act will strengthen Florida Statutes Chapter 838 by removing the
definition and the element of"corruptly" or "with,corrupt intent" from all criminal violations
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Resolution No. 2015-17
Exhibit "A"
specified therein. The foregoing amendment is just because all criminal statutes already require
criminal intent and a higher burden of proof, but under Chapter 838, as currently written, certain
individuals are unjustly protected from prosecution.
Section 3. Section 838.014,Florida Statutes, is amended to read.
838.014 Definitions.-- As used in this chapter,the term:
(1) "Benefit"means gain or advantage, or anything regarded by the person to be benefitted as a
gain or advantage, including the doing of an act beneficial to any person in whose welfare he or
she is interested, including any commission, gift, gratuity, property, commercial interest, or any
other thing of economic value not authorized by law.
(2) "Bid" includes a response to an "invitation to bid," "invitation to negotiate," "request for
quote,"or"request for proposals"as those terms are defined in s.287.012.
(3) "Commodity" means any goods, merchandise, wares, produce, chose in action, land, article
of commerce, or other tangible or intangible property, real, personal, or mixed, for use,
consumption,production,enjoyment,or resale.
" . . » . ." • . : • - . . . .
purpose •
(4) "Government entity" means the State of Florida, including the judiciary, the legislature and
the executive, or any department, agency, bureau, division or agent of the state; municipalities;
counties; school boards; special districts; and other local entities created by general or special
law or local ordinance; regional planning councils; metropolitan planning organizations; water
supply authorities; local health councils; water management districts; and other regional entities
that are authorized and created by general or special law.
(5) "Governmental function" or "governmental service" for purposes of Chapter 838 means
performing a function or serving a governmental purpose which could properly be performed or
served by an appropriate governmental unit or which is demonstrated to perform a function or
serve a purpose which would otherwise be a valid subject for the allocation of public funds.
(6)"I-larm" means pecuniary or other loss,disadvantage,or injury to the person affected.
(7)"Intentionally"or"knowingly"means that the act was done with full knowledge, voluntarily,
and not because of mistake or accident.
(8) "Non-government entity" means any person, corporation, cooperative, association,
partnership, organization, alliance, or similar body, whether operating for profit or not, which is
not a"government entity"as that term is defined in s. 838.014 (4).
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Resolution No. 2015-17
Exhibit "A"
(9)"Public servant"means:
(a) Any officer or employee of a • • -, -. • , .• . -• , • • • - -
governmental entity,
(b)Any legislative or judicial officer or employee;
(c) Any person, except a witness, who acts as a general or special magistrate, receiver, auditor,
arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental
function;or
(d)A candidate for election or appointment to any of the positions listed in this subsection, or an
individual who has been elected to, but has yet to officially assume the responsibilities of, public
office.
(e) Any officer, director, partner, manager, representative, or employee of a non-governmental
entity. private corporation, quasi-public corporation, or quasi-public entity. or anyone covered
under chapter 119 that is authorized by law or contract to perform a governmental function or
provide a governmental service on behalf of the state, county, municipal, or special district
agency or entity to the extent that the individual's conduct relates to the performance of the
governmental function or provision of the governmental service.
(10)"Service"means any kind of activity performed in whole or in part for economic benefit.
Section 4. Section 838.015 (1) is amended by the deletion of the word: "corruptly" and the
insertion therefor of the term: "intentionally or knowingly,"to read as follows:
838.015 Bribery.--
(1) "Bribery" means sexuptly to intentionally or knowingly give,
offer, or promise to any public servant, or, if a public servant,
serrupt-ly to intentionally or knowingly request, solicit, accept, or
agree to accept for himself or herself or another, any pecuniary or
other benefit not authorized by law with an intent or purpose to
influence the performance of any act or omission which the person
believes to be, or the public servant represents as being, within the
official discretion of a public servant, in violation of a public duty,
or in performance of a public duty.
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Exhibit "A"
Section 5. Section 838.016 (1)and (2)are amended by the deletion of the word:"corruptly"and
the insertion therefore of the term: "intentionally or knowingly,"to read as follows:
838.016 Unlawful compensation or reward for official
behavior.--
(1) It is unlawfirl for any person corruptly to intentionally or
knowingly give, offer, or promise to any public servant, or, if a
public servant, corruptly to intentionally or knowingly request,
solicit, accept, or agree to accept, any pecuniary or other benefit
not authorized by law, for the past, present, or future performance,
nonperformance, or violation of any act or omission which the
person believes to have been, or the public servant represents as
having been, either within the official discretion of the public
servant, in violation of a public duty, or in performance of a public
duty. Nothing herein shall be construed to preclude a public
servant from accepting rewards for services performed in
apprehending any criminal.
(2) It is unlawful for any person corruptly to intentionally or
knowingly give, offer, or promise to any public servant, or, if a
public servant, corruptly to intentionally or knowingly request,
solicit, accept, or agree to accept, any pecuniary or other benefit
not authorized by law for the past, present, or future exertion of
any influence upon or with any other public servant regarding any
act or omission which the person believes to have been,or which is
represented to him or her as having been, either within the official
discretion of the other public servant, in violation of a public duty,
or in performance of a public duty.
Section 6. Section 838.022 (1) is amended by the deletion of the words: "with corrupt intent"
and the insertion therefore of the term: "intentionally or knowingly,"to read as follows:
•
838.022 Official Misconduct.--
(I) It is unlawful for a public servant to
intentionally or knowingly obtain a benefit for any person or to
cause harm to another,to:
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Resolution No. 2015-17
Exhibit "A"
Section 7. Section 838.22 (1) and (2) are amended by the deletion of the words: "with corrupt
intent"and the insertion therefore of the term:"intentionally or knowingly,"to read as follows:
838.22 Bid Tampering.--
(1) It is unlawful for a public servant, to
intentionally or knowingly influence or attempt to influence the
competitive bidding process undertaken by any state, county,
municipal, or special district agency, or any other public entity,
for the procurement of commodities or services, to:
(2) It is unlawful for a public servant, to intentionally or
knowingly obtain a benefit for any person or to cause unlawful harm to
another, to circumvent a competitive bidding process required by law or rule
by using a sole-source contract for commodities or services.
Section 8. Except as otherwise provided,this act shall take effect July 1,2015
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