Florida Statutes
Fla. Stat. § 838.014 (2025)
Definitions.
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838.014 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.
Notes of Decisions
Cited in 29
cases, 1978–2018 · leading case: In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005).
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “Give if applicable § 838.014(4), Fla. Stat. For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election or appointment to, any public office is regarded as already being in that office with respect to any…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015). “49 (person exercising powers of county officer under city-county charter is a county officer subject to governor’s suspension power); § 838.014(6) (defining “public servant” to include state, county, municipal, special district, legislative, or judicial officer or employee for…”
State v. Castillo, 877 So. 2d 690 (Fla. 2004). “Section 838.014, Florida Statutes (1999), defines the terms "benefit" and "corruptly": (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…”
In Re Stand. Jury Instructions in Crim. Cases—report 2016-03, 202 So. 3d 830 (Fla. 2016). “§ 838.014 (6), Fla. Stat. “Public servant--means (a) Aay-offi-cer or employee of- a-state, county,-municipal, on-special district agency.”
State v. DeLeo, 356 So. 2d 306 (Fla. 1978). “[3] § 838.014(4), Fla. Stat. [4] § 839.25(1)(c), Fla.”
Crist v. Jaber, 908 So. 2d 426 (Fla. 2005). “" Black's Law Dictionary defines "benefit" as an advantage or privilege. Black's Law Dictionary 150 (7th ed.”
Shields v. Smith, 404 So. 2d 1106 (Fla. 1st DCA 1981). “" Fourthly, the Florida statute's requirement for a "corrupt" request or solicitation was satisfied by Shields' federal conviction.”
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). “*575 § 838.014(1), Fla. Stat. (2010). Defining “benefit” as simply “gain” or “advantage” plainly encompasses much more than the narrow economic benefit flowing directly into the recipient’s hands which Talabisco argues is the only type of “benefit” contemplated under these…”
State v. Short, 483 So. 2d 10 (Fla. 2d DCA 1985). “See § 838.014(4), Fla. Stat. (1983). Our supreme court has said that chapter 838 is related to chapter 839.”
Ellison v. State, 132 So. 3d 291 (Fla. 4th DCA 2014). “§ 838.014(6), Fla. Stat. (2008). The defendant insists he does not fit within the statute’s definition of “public servant.”
— 838.014(1) — 6 cases
Crist v. Jaber, 908 So. 2d 426 (Fla. 2005). “" Black's Law Dictionary defines "benefit" as an advantage or privilege. Black's Law Dictionary 150 (7th ed.”
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). “*575 § 838.014(1), Fla. Stat. (2010). Defining “benefit” as simply “gain” or “advantage” plainly encompasses much more than the narrow economic benefit flowing directly into the recipient’s hands which Talabisco argues is the only type of “benefit” contemplated under these…”
Shields v. Smith, 404 So. 2d 1106 (Fla. 1st DCA 1981). “" Fourthly, the Florida statute's requirement for a "corrupt" request or solicitation was satisfied by Shields' federal conviction.”
Richard S. Batterson v. State, 217 So. 3d 1062 (Fla. 5th DCA 2016).
Wasserstrom v. State, 21 So. 3d 55 (Fla. 4th DCA 2009).
— 838.014(4) — 8 cases
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “Give if applicable § 838.014(4), Fla. Stat. For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election or appointment to, any public office is regarded as already being in that office with respect to any…”
State v. DeLeo, 356 So. 2d 306 (Fla. 1978). “[3] § 838.014(4), Fla. Stat. [4] § 839.25(1)(c), Fla.”
State v. Short, 483 So. 2d 10 (Fla. 2d DCA 1985). “See § 838.014(4), Fla. Stat. (1983). Our supreme court has said that chapter 838 is related to chapter 839.”
Clement v. State, 895 So. 2d 446 (Fla. 2d DCA 2005).
Brown v. State, 689 So. 2d 1165 (Fla. 4th DCA 1997).
— 838.014(5) — 4 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
Nugent v. State, 45 So. 3d 528 (Fla. 4th DCA 2010).
Johnson v. State, 185 So. 3d 1282 (Fla. 1st DCA 2016).
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-10, 214 So. 3d 1290 (Fla. 2017).
— 838.014(6) — 8 cases
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “Give if applicable § 838.014(4), Fla. Stat. For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election or appointment to, any public office is regarded as already being in that office with respect to any…”
William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015). “49 (person exercising powers of county officer under city-county charter is a county officer subject to governor’s suspension power); § 838.014(6) (defining “public servant” to include state, county, municipal, special district, legislative, or judicial officer or employee for…”
State v. Castillo, 877 So. 2d 690 (Fla. 2004). “Section 838.014, Florida Statutes (1999), defines the terms "benefit" and "corruptly": (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…”
Ellison v. State, 132 So. 3d 291 (Fla. 4th DCA 2014). “§ 838.014(6), Fla. Stat. (2008). The defendant insists he does not fit within the statute’s definition of “public servant.”
Florida Bar v. Cueto, 834 So. 2d 152 (Fla. 2002).
— 838.014(6)(a) — 1 case
Gonot v. State, 112 So. 3d 679 (Fla. 4th DCA 2013).
— 838.014(64) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
— 838.014(7) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases—report 2016-03, 202 So. 3d 830 (Fla. 2016). “§ 838.014 (6), Fla. Stat. “Public servant--means (a) Aay-offi-cer or employee of- a-state, county,-municipal, on-special district agency.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018).
— 838.014(7)(a) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
— 838.014(7)(b) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018).
— 838.014(d) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
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