838.014
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
In Re Jury Instructions in Crim. Cases (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: Standard Jury Instructions in Criminal Cases-Report 2017-09. (2018)
“§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04 (2013)
“§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
William R. Crews v. State of Florida (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 (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 STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03 (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 (1978)
“[3] § 838.014(4), Fla. Stat. [4] § 839.25(1)(c), Fla.”
Crist v. Jaber (2005)
“" Black's Law Dictionary defines "benefit" as an advantage or privilege. Black's Law Dictionary 150 (7th ed.”
Shields v. Smith (1981)
“" Fourthly, the Florida statute's requirement for a "corrupt" request or solicitation was satisfied by Shields' federal conviction.”
State v. Flansbaum-Talabisco (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 (1985)
“See § 838.014(4), Fla. Stat. (1983). Our supreme court has said that chapter 838 is related to chapter 839.”
Ellison v. State (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 (2005)
“" Black's Law Dictionary defines "benefit" as an advantage or privilege. Black's Law Dictionary 150 (7th ed.”
State v. Flansbaum-Talabisco (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 (1981)
“" Fourthly, the Florida statute's requirement for a "corrupt" request or solicitation was satisfied by Shields' federal conviction.”
WASSERSTROM v. State (2009)
— 838.014(4) — 8 cases
In Re Jury Instructions in Crim. Cases (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 (1978)
“[3] § 838.014(4), Fla. Stat. [4] § 839.25(1)(c), Fla.”
State v. Short (1985)
“See § 838.014(4), Fla. Stat. (1983). Our supreme court has said that chapter 838 is related to chapter 839.”
Clement v. State (2005)
Brown v. State (1997)
— 838.014(5) — 4 cases
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09. (2018)
“§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
Nugent v. State (2010)
Johnson v. State (2016)
— 838.014(6) — 8 cases
In Re Jury Instructions in Crim. Cases (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 (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 (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 (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 (2002)
— 838.014(6)(a) — 1 case
Gonot v. State (2013)
— 838.014(64) — 1 case
In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04 (2013)
“§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
— 838.014(7) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03 (2016)
“§ 838.014 (6), Fla. Stat. “Public servant--means (a) Aay-offi-cer or employee of- a-state, county,-municipal, on-special district agency.”
— 838.014(7)(a) — 1 case
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09. (2018)
“§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
— 838.014(7)(b) — 2 cases
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09. (2018)
“§ 838.014, Fla. Stat. § 838.014(5), Fla. Stat.”
— 838.014(d) — 1 case
In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04 (2013)
“§ 838.014(64), Fla. Stat. “Corruptly” means acting knowingly and dishonestly for a wrongful purpose.”
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