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Florida Statute 838.15 - Full Text and Legal Analysis
Florida Statute 838.015 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 838.015 Case Law from Google Scholar Google Search for Amendments to 838.015

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
View Entire Chapter
F.S. 838.015
838.015 Bribery.
(1) “Bribery” means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.
(2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the public servant had assumed office, that the matter was properly pending before him or her or might by law properly be brought before him or her, that the public servant possessed jurisdiction over the matter, or that his or her official action was necessary to achieve the person’s purpose.
(3) Any person who commits bribery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 60, ch. 74-383; s. 35, ch. 75-298; s. 44, ch. 91-110; s. 1314, ch. 97-102; s. 3, ch. 2003-158; s. 2, ch. 2016-151.

F.S. 838.015 on Google Scholar

F.S. 838.015 on CourtListener

Amendments to 838.015


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 838.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.015 - BRIBERY - BRIBERY OF OR BY PUBLIC SERVANT - F: S

Cases Citing Statute 838.015

Total Results: 34

Agan v. Vaughn

119 F.3d 1538, 1997 U.S. App. LEXIS 22679, 1997 WL 467169

Court of Appeals for the Eleventh Circuit | Filed: Aug 27, 1997 | Docket: 1696735

Cited 59 times | Published

officer.”) (emphasis added); Fla. Stat. Ann. § 838.015(1) (West 1994) (“ ‘Bribery’ means corruptly

United States v. Nelson Italiano

894 F.2d 1280, 1990 U.S. App. LEXIS 2291, 1990 WL 6932

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 1990 | Docket: 324959

Cited 43 times | Published

80-563, chargeable under Florida Statutes, Section 838.015 and an act of racketeering involving bribery

United States v. Nelson Italiano

837 F.2d 1480, 1988 U.S. App. LEXIS 2083, 1988 WL 6559

Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 1988 | Docket: 979495

Cited 22 times | Published

certain *1489relevant statutes, one of which was Section 838.015 of the Florida Statutes. That section proscribes

In Re Jury Instructions in Crim. Cases

911 So. 2d 766, 2005 WL 2095664

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 1751810

Cited 18 times | Published

to a child]. 19.1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery of

Tribune Company v. Green

440 So. 2d 484, 10 Media L. Rep. (BNA) 1034

District Court of Appeal of Florida | Filed: Nov 4, 1983 | Docket: 1429994

Cited 13 times | Published

Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling

United States v. Joseph Henry Kotvas, Jr. Cullen H. Williams, A/k/a, Buster Williams, Claude Tanner

941 F.2d 1141, 1991 U.S. App. LEXIS 21309, 1991 WL 163622

Court of Appeals for the Eleventh Circuit | Filed: Sep 12, 1991 | Docket: 555213

Cited 12 times | Published

the Florida statute titled “Bribery,” Fla.Stat. § 838.015, is the appropriate statute for the basis of a

State v. Giardino

363 So. 2d 201

District Court of Appeal of Florida | Filed: Oct 17, 1978 | Docket: 461028

Cited 12 times | Published

felonies, to wit: BRIBERY, in violation of Section 838.015, Florida Statutes, or UNLAWFUL COMPENSATION

United States v. Claude H. Tison, Jr., Marcelino Echevarria and Scan Realty Services, Inc.

780 F.2d 1569, 1986 U.S. App. LEXIS 21522

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 1986 | Docket: 1500355

Cited 11 times | Published

No. 80-45; chargeable under Florida Statute Section 838.015, and an act of racketeering involving bribery

Bricker v. State

462 So. 2d 556, 10 Fla. L. Weekly 203

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510025

Cited 9 times | Published

Bricker challenges his conviction of bribery [§ 838.015, Fla. Stat. (1981)] and receiving unauthorized

Merckle v. State

529 So. 2d 269, 13 Fla. L. Weekly 381

Supreme Court of Florida | Filed: Jun 9, 1988 | Docket: 1523729

Cited 6 times | Published

conduct to constitute a third-degree felony. § 838.015(3), Fla. Stat. (1985). Merckle was charged with

Merckle v. State

512 So. 2d 948, 12 Fla. L. Weekly 1245

District Court of Appeal of Florida | Filed: May 15, 1987 | Docket: 40702

Cited 5 times | Published

Arden M. Merckle, for bribery in violation of section 838.015(1), Florida Statutes (1981), receiving unlawful

Watkins v. State

363 So. 2d 575

District Court of Appeal of Florida | Filed: Oct 10, 1978 | Docket: 461358

Cited 5 times | Published

information in two counts with: (1) bribery [§ 838.015, Fla. Stat. (1977)], and (2) receiving unlawful

Nicor International Corp. v. El Paso Corp.

318 F. Supp. 2d 1160, 2004 U.S. Dist. LEXIS 9674

District Court, S.D. Florida | Filed: May 25, 2004 | Docket: 2339650

Cited 4 times | Published

anything of value to influence an official action. § 838.015, Fla. Stat.; 18 U.S.C. § 201.[10] The elements

Trushin v. State

384 So. 2d 668

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 1678466

Cited 4 times | Published

significantly amended version of this statute is now Section 838.015, Florida Statutes (1979). As to the reasons

Hope v. State

508 So. 2d 425, 12 Fla. L. Weekly 1243

District Court of Appeal of Florida | Filed: May 15, 1987 | Docket: 2544832

Cited 3 times | Published

for the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and giving, offering

Garrett v. State

508 So. 2d 427, 12 Fla. L. Weekly 1244

District Court of Appeal of Florida | Filed: May 15, 1987 | Docket: 1153460

Cited 3 times | Published

of the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and receiving

State v. Napoli

373 So. 2d 933

District Court of Appeal of Florida | Filed: Jun 27, 1979 | Docket: 1772592

Cited 3 times | Published

of law, the legislature enacted what is now Section 838.015, Florida Statutes (1977). Subsection (2) of

Merckle v. State

541 So. 2d 1312, 1989 WL 34847

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 2572205

Cited 2 times | Published

SCHOONOVER and THREADGILL, JJ., concur. NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla

United States v. Casamayor

837 F.2d 1509, 1988 WL 7387

Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 1988 | Docket: 66231430

Cited 2 times | Published

bribery chargeable under state law. See Fla.State. § 838.015. The district court instructed the jury on the

Ellison v. State

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

bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008). The defendant

Werner v. Hickey

920 F. Supp. 1257, 1996 U.S. Dist. LEXIS 4693, 1996 WL 172362

District Court, M.D. Florida | Filed: Apr 9, 1996 | Docket: 1025629

Cited 1 times | Published

petitioner are punishable under Florida Statute § 838.015 (bribery) and Florida Statute § 838.016 (misuse

Roque v. State

664 So. 2d 928, 1995 WL 555309

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 1230015

Cited 1 times | Published

1994), wherein the district court declared section 838.15, Florida Statutes (Supp. 1990), valid. We have

In Re: Standard Jury Instructions in Criminal Cases—report 2016-10

214 So. 3d 1290

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684621

Published

Appendix 19.1 BRIBERY OF A PUBLIC SERVANT § 838.015(1), Fla._Stat. To prove the crime of Bribery

Richard S. Batterson v. State

217 So. 3d 1062, 2016 Fla. App. LEXIS 19704

District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3082130

Published

his conviction of bribery in violation of section 838.015(1), Florida Statutes (2013). Because I believe

State v. Flansbaum-Talabisco

121 So. 3d 568, 2013 Fla. App. LEXIS 11602, 2013 WL 3811759

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234449

Published

criminal. § 838.016(1), Fla. Stat. (2010).2 Section 838.015(1), Florida Statutes (2010), contains the definition

Donnelly v. State

693 So. 2d 125, 1997 Fla. App. LEXIS 4996, 1997 WL 240821

District Court of Appeal of Florida | Filed: May 13, 1997 | Docket: 64773343

Published

act apart from the offer to make a bribe. Section 838.015, Florida Statutes, makes no distinction between

State v. Roque

640 So. 2d 97, 1994 Fla. App. LEXIS 6896, 1994 WL 330174

District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749890

Published

commercial bribe receiving statute, Florida Statutes Section 838.15 (Supp.1990), unconstitutionally vague. We reverse

Gilbert v. State

593 So. 2d 597, 1992 Fla. App. LEXIS 1047, 1992 WL 21860

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64665273

Published

his conviction for bribery of a public servant, § 838.015, Fla. Stat. (1991). Based upon the trial court’s

State v. Gonzalez

528 So. 2d 1356, 13 Fla. L. Weekly 1917, 1988 Fla. App. LEXIS 3626, 1988 WL 81847

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 64636254

Published

bribery is reversed. The bribery statute, section 838.015(1), Florida Statutes (1985), prohibits any

Sardella v. State

526 So. 2d 918, 13 Fla. L. Weekly 828, 1988 Fla. App. LEXIS 1186, 1988 WL 25458

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 64635452

Published

Bribery by a Public Servant, Florida Statutes, § 838.015(1). Thus, the trial court’s reliance on that reason

State v. Lopez

522 So. 2d 997, 13 Fla. L. Weekly 804, 1988 Fla. App. LEXIS 1233, 1988 WL 26277

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 64633857

Published

subsequently charged with seven violations of section 838.015(1), Florida Statutes (1985).1 Lopez filed a

Savoie v. State

401 So. 2d 1138, 1981 Fla. App. LEXIS 20569

District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 64584339

Published

bribery of a police officer in violation of section 838.015, Florida Statutes (1979). In this appeal Savoie

State v. Sune

360 So. 2d 1128, 1978 Fla. App. LEXIS 16294

District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 64565423

Published

elect between the counts of bribery under Section 838.015, Florida Statutes (1977), and unlawful compensation

Benefield v. State

351 So. 2d 56, 1977 Fla. App. LEXIS 16441

District Court of Appeal of Florida | Filed: Sep 21, 1977 | Docket: 64560871

Published

(1973), and the other count in violation of Section 838.015, Florida Statutes (1975), both of which are