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SECTION 8. Ethics in government.—A public office is a public trust. The people shall have the right to secure and sustain that trust against waste, fraud, and abuse. To assure this right of the people to receive adequate and meaningful honest state and local government services, the public trust is enunciated herein:
(D) PROTECTION OF THE RIGHT of all Floridians to receive honest services requires the Commission on Ethics and/or Inspectors General to investigate all complaints of violations of any duty lawfully required and the Attorney General to prosecute violations of law when probable cause is found.
(E)(1) WHOEVER KNOWINGLY AND WILLFULLY COMMITS THE CRIME OF MALFEASANCE IN
OFFICE shall be removed from government service, and may be imprisoned for not more than five years or
shall be fined not more than twenty-five thousand dollars per occurrence, or both,
(2) IN ADDITION TO THE PENALTY PROVIDED in Part (1) of this Subsection, a person convicted of the
provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of
the offense. Restitution shall include the payment of legal interest at the rate provided by the Chief Financial
Officer of Florida.
(F) DEFINITIONS. For the purposes of this Section, the following words and terms shall mean and include the following:
(1) HONEST SERVICES means the fiduciary obligation to perform a function or serve a governmental
purpose in good faith compliance with governing federal and state constitutions, statutes, ordinances, and rules.
(2) GOVERNMENTAL FUNCTION or GOVERNMENTAL SERVICE means performing a function or
serving a governmental purpose which is or 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.
(3) GOVERNMENTAL ENTITY means state, county, municipality, district, city, town, village, department or
agency, board, commission, office and collegial body in or of the executive or legislative branch, any personnel,
individual positions authorized by constitution or statute unless specifically exempted, and any nonprofits
involving public positon holders and using public resources for any purpose.
(4) PUBLIC POSITION HOLDERS means any elected and appointed state and local officials and officers,
any autonomous personnel, any quasi-judicial personnel, any public or private sector advisory personnel to a
public official or public personnel, any state and local department and agency public personnel, any citizen
members of advisory boards.
(5) PERSONNEL includes any public personnel, director, partner, manager, representative, or employee of a
nongovernmental entity or private corporation, quasi-public corporation or entity or anyone who 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.
(E) EFFECTIVE DATE: This section shall be effective immediately upon voter approval of this amendment.