Florida Statutes

Fla. Stat. § 838.015 (2025)

Bribery.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 838.015

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§838.015BRIBERYBRIBERY OF OR BY PUBLIC SERVANTF · 2nd

Notes of Decisions

Cited in 31 cases (2 in the last 5 years), 1977–2024 · leading case: In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005).

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In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). · cites it 8× “1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”

Merckle v. State, 529 So. 2d 269 (Fla. 1988). · cites it 8× “NOTES [1] The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla. Stat. (1981); receiving unlawful compensation, § 838.”

State v. Giardino, 363 So. 2d 201 (Fla. 3d DCA 1978). · cites it 4× “" Second, it is impossible to determine the unlawful object of the charged conspiracy, namely, whether it was to violate (a) the bribery statute [ Fla. Stat. § 838.015 (1977)], or (b) the unlawful compensation for official behavior statute [ Fla.”

State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). · cites it 7× “In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery: 4 “Bribery” means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another,…”

Ellison v. State, 132 So. 3d 291 (Fla. 4th DCA 2014). · cites it 7× “The defendant argues that he cannot be convicted for a violation of section 838.015 because he was not a “public servant” within the meaning of the statute.”

Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). · cites it 2× “Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling chips representing a monetary value, and/or buying a motor vehicle at a price less than actual value, and/or being relieved of financial obligations, with intent or purpose to…”

Agan v. Vaughn, 119 F.3d 1538 (11th Cir. 1997). “”) (emphasis added); Fla. Stat. Ann. § 838.015 (1) (West 1994) (“ ‘Bribery’ means corruptly to give, offer, or promise to any public servant .”

Garrett v. State, 508 So. 2d 427 (Fla. 2d DCA 1987). · cites it 4× “Garrett was convicted after a jury trial of the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and receiving unlawful compensation, a violation of section 838.”

Nicor Int'l Corp. v. El Paso Corp., 318 F. Supp. 2d 1160 (S.D. Fla. 2004). · cites it 3× “§ 838.015, Fla. Stat.; 18 U.S.C. § 201 . 10 The elements of a bribery are (1) knowledge on the part of the accused of the official capacity of the person to whom the bribe is offered, (2) the offering of a thing of value, and (3) an intent to influence official action by the…”

Bricker v. State, 462 So. 2d 556 (Fla. 3d DCA 1985). · cites it 2× “By this appeal, Daniel Bricker challenges his conviction of bribery [§ 838.015, Fla. Stat. (1981)] and receiving unauthorized compensation for official behavior [§ 838.”

State v. Napoli, 373 So. 2d 933 (Fla. 4th DCA 1979). · cites it 3× “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, or that he had assumed office, [or] that the matter was properly pending before him or might by law properly be brought before…”

Tresvant v. State, 396 So. 2d 733 (Fla. 3d DCA 1981). “NOTES [1] Violations of §§ 838.015, 838.016 and 777.04(3), Fla. Stat.”

Show all 31 citing cases →

— 838.015(1) — 16 cases

In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”

Merckle v. State, 529 So. 2d 269 (Fla. 1988). “NOTES [1] The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla. Stat. (1981); receiving unlawful compensation, § 838.”

State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). “In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery: 4 “Bribery” means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another,…”

Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). “Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling chips representing a monetary value, and/or buying a motor vehicle at a price less than actual value, and/or being relieved of financial obligations, with intent or purpose to…”

Garrett v. State, 508 So. 2d 427 (Fla. 2d DCA 1987). “Garrett was convicted after a jury trial of the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and receiving unlawful compensation, a violation of section 838.”

— 838.015(2) — 1 case

— 838.015(3) — 1 case

Merckle v. State, 529 So. 2d 269 (Fla. 1988). “NOTES [1] The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla. Stat. (1981); receiving unlawful compensation, § 838.”

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