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The Federal honest-services fraud statute is being tested after a number of officials in Palm Beach, Broward, and Miami-Dade counties have been arrested for public corruption. Some Florida legislators--and the Broward and Palm Beach County State Attorrneys, Michael Satz and Michael McAuliffe--are advocating strengthening of Florida's public-corruption laws in ways that do not depend on the language of the Federal honest-services fraud statute. Called the "Restoring Faith in Public Office Act," the new state legislation, SB 1076 (bill information page) (bill text), would amend Florida Statutes section 838.022, "Official misconduct," to include failing, with corrupt intent, to disclose a financial interest or a direct or indirect benefit.



The bill is sponsored by Democratic state senator Dan Gelber, and supported by other Democrats. The Miami Herald ran an article about the new public-corruption legislation, and the Sun-Sentinel ran an editorial advocating the legislation. According to the Sun-Sentinel, the legislation's chances of passage are limited unless it acquires bipartisan support.

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