United States: Changes To Florida's New Anti-Corruption Law Take Effect October 1

Will Florida Soon Consider Your Business Practices Corrupt?
Last Updated: September 9 2016
Article by Kevin P. McCoy

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida's Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines considerations for those organizations that do business with Florida government—and wish to avoid becoming the state's first test case under the new law.

A. Notable changes to the FACA that take effect on October 1, 2016.

The FACA amendments expand the applicability of offenses under Chapter 838 to any officer or employee of a public entity created or authorized by law. This includes all government entities, such as counties, municipalities, and special districts.

The amendments also expand liability to private organizations for certain conduct through its new definition of "public contractors," which now include: any person (including corporations and other business entities), or any officer or employee of a person, who has entered into a contract with a governmental entity.

The level of intent for a violation under the new law has been lowered from "corruptly" or "with corrupt intent" to "knowingly and intentionally" following feedback from prosecutors that the prior standard was undermining their ability to secure corruption convictions.

Convictions under the FACA carry substantial criminal and civil penalties. But even short of a conviction, a failure to change business practices to reflect Florida's new focus on corruption could lead to costly investigations, cancelled contracts, and reputational damage.

B. Prohibited conduct under the FACA.

Official misconduct (§ 838.022) prohibits both public servants and public contractors from obtaining a benefit by falsifying or causing another person to falsify official documents or records; altering, destroying, or concealing official documents or records (except as authorized by law or contract); and obstructing, preventing, or delaying the communication of information relating to the commission of a felony that involves or affects the government entity served by the public servant or public contractor.

Bid tampering (§ 838.22) prohibits public servants and public contractors from influencing or attempting to influence the bidding process of any government entity by disclosing any material information regarding the bidding process that is not publicly disclosed, or altering or amending any bid documents or materials in order to provide a competitive advantage to any bidder. It also prohibits public servants and public contractors from circumventing the bidding process in order to obtain a benefit for, or cause unlawful harm to, another party. Additionally, the bid tampering provision punishes (1) any person who conspires with a public contractor or a public servant to do any of the above, and (2) any person who knowingly enters into a contract secured by a public contractor or public servant who violated any of the above.

Of course, traditional liability for bribery of government officials remains an actionable offense under Florida law, in addition to the liability extended under the new FACA for official misconduct and bid tampering, as discussed above.

C. Simple ways to protect your organization.

Implementing these practices could reduce the likelihood of a FACA violation. Or, at a minimum, better position the business to defend against a claim if one is made:

  • Education – A robust educational campaign focused on the most likely offenders in the organization is the first step following a change in the law. As to the changes to the FACA, client relationship managers and sales teams who live or die by their ability to grow the business by gaining more contracts, market share, and business revenues are prime targets of such a campaign. But, the education efforts should not stop there. Those in the C-suite who have front-line contact with customers, or direct and manage policies concerning public bid practices, should be counseled on the do's and don'ts of Florida's new law. Indeed, the expansion is intended to arm prosecutors with the tools to identify, punish, and deter conduct by those in the private sector who have heretofore been able to win business through improper practices.
  • Written Protocols – Written protocols go hand-in-hand with the education session referenced above. When done properly, they educate employees, and, should the company ever face an inquiry, protect the company by serving as written evidence of its efforts to prohibit wrongful conduct. Simple examples like written blackout periods for communications and gifting during bid reviews, and guidelines governing communications and handling of official records associated with bids are an obvious starting point.
  • Audit / Compliance Review – Any organization seeking to limit exposure to unethical or illegal conduct is only as good as its compliance protocols. Organizations should charge compliance managers with independently undertaking audits to ensure that employees are following the written protocols that control their government business procurement practices.
  • Revise Employment Contracts – Organizations should revisit the employment contracts in place with any employees who have the potential to influence any public officials. Contracts should include terms that expressly prohibit conduct such as bid tampering and bribery so the company has the benefit of the employment agreement as a means to defend against liability for employees who act outside of that agreement in violation of the FACA.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.