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Criminal Liability

What to Avoid

Library staff should never falsify information when providing E-Government services.

If a librarian believes a user is asking for help in falsifying an application or form, the librarian should not assist.

What is Criminal Liability?

  • Criminal liability generally requires intent or knowledge of wrongdoing. Good faith errors are not subject to criminal liability.
  • The remote possibility of criminal liability lies in the claim of unlicensed practice of law.
  • Most unlicensed practice of law claims are civil in nature, but in severe cases, the State Bar can bring an action before the Supreme Court of Florida for indirect criminal contempt.

Florida Laws

 “(c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions.”

  • Florida Statute § 112.3173  Felonies involving breach of public trust and other specified offenses by public officers and employees
  • Florida Statute § 838.022  Official misconduct 

 (1)  It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to:

(a)  Falsify, or cause another person to falsify, any official record or official document

imls180.for.panel.jpgMany of these resources and programs are funded under the provisions of the Library Services and Technology Act from the Institute of Museum and Library Services. Florida's LSTA program is administered by the Department of State's Division of Library and Information Services.