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The 2025 Florida Statutes
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F.S. 838.014838.014 Definitions.—As used in this chapter, the term:(1) “Benefit” means gain or advantage, or anything regarded by the person to be benefited 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 a 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. (4) “Governmental entity” means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized by law. (5) “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. (6) “Public contractor” means, for purposes of ss. 838.022 and 838.22 only:(a) Any person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity; or (b) Any officer or employee of a person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity. (7) “Public servant” means:(a) Any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee; (b) 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 (c) A candidate for election or appointment to any of the officer positions listed in this subsection, or an individual who has been elected to, but has yet to officially assume the responsibilities of, public office. (8) “Service” means any kind of activity performed in whole or in part for economic benefit. History.—s. 59, ch. 74-383; s. 317, ch. 96-410; s. 1824, ch. 97-102; s. 2, ch. 2003-158; s. 99, ch. 2004-11; s. 1, ch. 2016-151.
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Annotations, Discussions, Cases:
Cases Citing Statute 838.014
Total Results: 27
911 So. 2d 766, 2005 WL 2095664
Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 1751810
Cited 18 times | Published
performance of [his][her] public duty].].
Definition
§ 838.014(6), Fla. Stat.
"Corruptly" means acting knowingly
356 So. 2d 306
Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 1478778
Cited 17 times | Published
Constitution.
[2] Art. I, § 9, Fla. Const.
[3] § 838.014(4), Fla. Stat.
[4] § 839.25(1)(c), Fla. Stat
404 So. 2d 1106
District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1782750
Cited 8 times | Published
servant's hands. The definition of "benefit" in Section 838.014(1), Fla. Stat., includes "the doing of an act
908 So. 2d 426, 2005 WL 1577998
Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724774
Cited 6 times | Published
Communications, LLC, 841 So.2d at 452 n. 4. Section 838.014(1), Florida Statutes (2003), the unlawful compensation
131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161
Cited 5 times | Published
rewarded or compensated.
Give if applicable. § 838.014(d), Fla.Stat.
For the purpose of the laws against
847 F. Supp. 951, 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840
District Court, M.D. Florida | Filed: Mar 31, 1994 | Docket: 952282
Cited 5 times | Published
"harm" as used in § 838.021 and as defined in § 838.014 is subject to many interpretations and therefore
483 So. 2d 10, 10 Fla. L. Weekly 2410
District Court of Appeal of Florida | Filed: Oct 25, 1985 | Docket: 1511927
Cited 4 times | Published
in chapter 838, Florida Statutes (1983). See § 838.014(4), Fla. Stat. (1983). Our supreme court has said
877 So. 2d 690, 2004 WL 856754
Supreme Court of Florida | Filed: Apr 22, 2004 | Docket: 1285346
Cited 2 times | Published
016(1), Fla. Stat. (1999) (emphasis added). Section 838.014, Florida Statutes (1999), defines the terms
604 So. 2d 515, 1992 WL 153977
District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 1289607
Cited 2 times | Published
criminal.
§ 838.016(1), Fla. Stat. (1989). In section 838.014(6), Florida Statutes (1989), the legislature
238 So. 3d 192
Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897
Cited 1 times | Published
Definitions.
§ 838.014, Fla. Stat.
§ 838.014(5), Fla. Stat.
"Harm"
132 So. 3d 291, 2014 WL 51865, 2014 Fla. App. LEXIS 156
District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238401
Cited 1 times | Published
assume the responsibilities of, public office.
§ 838.014(6), Fla. Stat. (2008).
The defendant insists he
123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235111
Cited 1 times | Published
harm to another].
Definitions.
Fla. Stat. § 838.014.(1).
“Benefit” means gain or advantage or anything
45 So. 3d 528, 2010 Fla. App. LEXIS 15026, 2010 WL 3893854
District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 1928809
Cited 1 times | Published
disadvantage, or injury to the person affected." § 838.014(5), Fla. Stat. "Or else" may sound ominous, but
689 So. 2d 1165, 1997 WL 90849
District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1476638
Cited 1 times | Published
section 839.25(1) public servant is found at section 838.014(4), Florida Statutes (1995). See State v. Short
507 So. 2d 175, 12 Fla. L. Weekly 1284, 1987 Fla. App. LEXIS 8330
District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627167
Cited 1 times | Published
the proper performance of a public duty. See § 838.014, Fla.Stat. (1985). Though this element may not
253 So. 3d 995
Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943250
Published
the normal activities of daily living.
§ 838.014(7), Fla. Stat.
"Public servant" means
240 So. 3d 36
District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244881
Published
obtaining the permit was within
2In 2013, section 838.014(4) defined “corruptly” or “with corrupt intent”
214 So. 3d 1290
Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684621
Published
“knowingly and intentionally.” It also amended section 838.014, Florida Statutes (2016), to include definitions
202 So. 3d 830
Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483116
Published
the normal activities of daily living.
§ 838.014 (6), Fla. Stat.
“Public servant--means
217 So. 3d 1062, 2016 Fla. App. LEXIS 19704
District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3082130
Published
performance of the public official’s public duties.1 Section 838.014(1), Florida Statutes (2013), defines “benefit”
185 So. 3d 1282, 2016 Fla. App. LEXIS 2869, 2016 WL 746257
District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 60253543
Published
disadvantage, or injury to- the person affected.” § 838.014(5), Fla. Stat. (2011) (emphasis added). Thus,
183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535
Supreme Court of Florida | Filed: Nov 25, 2015 | Docket: 3015983
Published
officer subject to governor’s suspension power); § 838.014(6) (defining "public servant” to include state
112 So. 3d 679, 2013 WL 1810623, 2013 Fla. App. LEXIS 6926
District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60231215
Published
municipal, or special district agency or entity.” § 838.014(6)(a), Fla. Stat. (2007). The statute distinguishes
21 So. 3d 55, 2009 Fla. App. LEXIS 14517, 2009 WL 3103855
District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1655727
Published
knowingly and dishonestly for a wrongful purpose." § 838.014(4), Fla. Stat. (2004).
[2] "Benefit" is defined
895 So. 2d 446, 2005 Fla. App. LEXIS 860, 2005 WL 231207
District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64836430
Published
borrowed the definition of “public servant” from section 838.014(4), Florida Statutes (1983). Short, 483 So
834 So. 2d 152, 27 Fla. L. Weekly Supp. 264, 2002 Fla. LEXIS 437, 2002 WL 432551
Supreme Court of Florida | Filed: Mar 21, 2002 | Docket: 64819813
Published
the public servant....” (Emphasis added.) Section 838.014(6), Florida Statutes (2000), defines "corruptly”
527 So. 2d 864, 13 Fla. L. Weekly 1421, 1988 Fla. App. LEXIS 2537, 1988 WL 61387
District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 64635734
Published
performance of his public duties. [Emphasis added].
§ 838.014(6), Fla.Stat. (1985).
In order to violate this
