Florida Statute 838.016 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.016

838.016 Unlawful compensation or reward for official behavior.—

(1) It is unlawful for any person 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, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. This section does not preclude a public servant from accepting rewards for services performed in apprehending any criminal.

(2) It is unlawful for any person 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, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.

(3) Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public duty of the public servant whose action or omission was sought to be rewarded or compensated.

(4) Whoever violates the provisions of this section 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. 36, ch. 75-298; s. 1315, ch. 97-102; s. 4, ch. 2003-158; s. 3, ch. 2016-151.

F.S. 838.016 on Google Scholar

F.S. 838.016 on Casetext

Amendments to 838.016

Arrestable Offenses / Crimes under Fla. Stat. 838.016

Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.016 - BRIBERY - UNLAW COMPENSATION REWARD OFFICIAL BEHAVIOR - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 838.016

Total Results: 20

Kim Braddock v. City of Port Orange Pension Fund

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: Public Office], except ss. 838.15 and 838.16 [both dealing with commercial bribery]; 5

Matheson v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-10T00:53:00-07:00

Snippet: collusive purpose. That would be illegal. See, e.g., § 838.016(1), Fla. Stat. (2017) (“It is unlawful for any

Bateman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-19T23:53:00-08:00

Snippet: for official behavior in violation of section 838.016(1), Florida Statutes (2013); Count 2, unlawful…for exerting influence in violation of section 838.016(2), Florida Statutes (2013); Count 3, exploitation…for official behavior in violation of section 838.016(1), Florida Statutes (2013).1 Our standard for …934 So. 2d 1128, 1145 (Fla. 2006). 1 Section 838.016(1), Florida Statutes (2013) provides, …the State was required to prove based on section 838.016(1) and the Florida Standard Jury Instruction (

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

Court: Fla. | Date Filed: 2017-04-13T00:00:00-07:00

Citation: 214 So. 3d 1290

Snippet: TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR § 838.016(1), Fla, Slat. To prove the crime of Unlawful…capacity. Give if applicable. § 838.016(3), Fla. Stat It is not necessary for the…Offenses [[Image here]] Comments § 838.016(1), Fla, Stat There is no prohibition against…BY PUBLIC SERVANT FOR OFFICIAL BEHAVIOR § 838.016(1), 1¾. Stat, To prove the crime of Unlawful…capacity. Give if applicable. § 838.016(3), Fla. Stat. It is not necessary for the

Gary Czajkowski v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-04T00:00:00-08:00

Citation: 178 So. 3d 498, 2015 Fla. App. LEXIS 16578

Snippet: contrary to Florida Statute 838.016(1) (2 DEG FEL). ■ Section ■ 838.016(1); Florida Statutes (2008… ■ The defendant primarily argues that section 838.016(1), Florida Statutes (2008), which codifies the…provisions, case Jaw, and the plain meaning of section 838.016(1) itself. Trial Court Proceedings …defendant’s motion to dismiss argued that section 838.016 was unconstitutional as applied to his prosecution…defendant argued that an essential element of section 838.016(1) which the state must prove is that the benefit-given

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: offSee-of-pei-son-bribed) is a public serv- Give if applicable. § 838.016(3), Fla. Stat. In order for the — defendant to…and when-[-he][-shej-actually assumes office, § 838.016(iX-FlckStat- Th&re-is-no-prohAbition-against…REWARD OPTO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR — 838.016(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO…only 777.04(1) 5.1 “giave” is charged Comments § 838.016(1), Fla. Stat. There is no prohibition against…REWARD BY PUBLIC SERVANT FOR OFFICIAL BEHAVIOR § 838.016(1), Fla. Stat To prove the crime of Unlawful Compensation

State v. Flansbaum-Talabisco

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-24T00:00:00-07:00

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

Snippet: official behavior, which is defined under section 838.016(1), Florida Statutes (2010): It is unlawful for…services performed in apprehending any criminal. § 838.016(1), Fla. Stat. (2010).2 Section 838.015(1), Florida…services performed in apprehending any criminal. § 838.016(1), Fla. Stat. (1974) (emphasis added); see also

Simcox v. CITY OF HOLLYWOOD POLICE OFFICERS'RET. SYSTEM

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:00:00-07:00

Citation: 988 So. 2d 731, 2008 Fla. App. LEXIS 12687, 2008 WL 3914892

Snippet: conviction for a Chapter 838 felony under both section 838.016, unlawful compensation for official behavior, and…specified in chapter 838, except ss. 838.15 and 838.16." Second, the "catch-all" provision

Page v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-06T23:53:00-08:00

Citation: 980 So. 2d 528

Snippet: behavior, in violation of sections 838.015(1) and 838.016(2), Florida Statutes (2005), respectively. In the

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-21T23:53:00-08:00

Citation: 927 So. 2d 939

Snippet: of sections 895.03(3), 831.01, 838.015(1), and 838.016(1) of the Florida Statutes. According to the indictment

In Re Jury Instructions in Crim. Cases

Court: Fla. | Date Filed: 2005-09-01T00:53:00-07:00

Citation: 911 So. 2d 766

Snippet: UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful…office of person bribed) is a public servant. § 838.016(3), Fla. Stat. In order for the defendant to be… and when [he][she] actually assumes office. § 838.016(1), Fla. Stat. There is no prohibition against …UNLAWFUL COMPENSATION OR REWARD BY PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful…a (office of defendant) is a public servant. § 838.016(3), Fla. Stat. In order for the defendant to be

State v. Castillo

Court: Fla. | Date Filed: 2004-04-22T00:00:00-07:00

Citation: 877 So. 2d 690

Snippet: performance or nonperformance of official duties. See § 838.016(1), Fla. Stat. (1999). In this case, a police officer…unlawful compensation and official misconduct. See § 838.016(1), Fla. Stat. (1999); § 839.25, Fla. Stat. (1999…public duty, or in performance of a public duty. § 838.016(1), Fla. Stat. (1999) (emphasis added). Section…accept a benefit it is not required. Section 838.016(1) further requires that the public servant must…agree with this reasoning and hold that section 838.016(1) does not require a specific agreement. Only

Castillo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T00:00:00-08:00

Citation: 835 So. 2d 306, 2002 Fla. App. LEXIS 19376, 2002 WL 31870335

Snippet: her a ticket or arresting her for DUI. Section 838.016, Florida Statutes (1999), provides: (1) It is unlawful

Florida Bar v. Cueto

Court: Fla. | Date Filed: 2002-03-21T00:00:00-08:00

Citation: 834 So. 2d 152, 27 Fla. L. Weekly Supp. 264, 2002 Fla. LEXIS 437, 2002 WL 432551

Snippet: or reward for official behavior," section 838.016(1), Florida Statutes (2000), provides in pertinent

Jacobo v. Board of Trustees of Miami Police

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-20T00:00:00-07:00

Citation: 788 So. 2d 362

Snippet: specified in chapter 838, except ss. 838.15 and 838.16; 5. The committing of an impeachable offense; or

Alvarez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-11T00:00:00-07:00

Citation: 800 So. 2d 237, 2001 Fla. App. LEXIS 4757, 2001 WL 357045

Snippet: petitioners have been charged with violations of section 838.016(1), Florida Statutes (1995), which reads: “(1) … corruptly “bought” as contemplated by Section 838.016(1), then a fraud3 has been committed on the members…for a writ of prohibition is denied. . Section 838.016(4), Florida Statutes (1995) made the offense a

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: is charged 838.016(1) Bribery by a None … "accept" is charged 838.016 Unlawful compensation None

Seropian v. Forman

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-28T23:53:00-08:00

Citation: 652 So. 2d 490

Snippet: plaintiff persuaded the trial judge to read section 838.016, Florida Statutes (1991), to the jury and later… holding has not been implicated. [4] Section 838.016, Florida Statutes (1993), states in pertinent part

White v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-16T00:00:00-08:00

Citation: 633 So. 2d 472, 1994 Fla. App. LEXIS 981, 1994 WL 43416

Snippet: court’s decision in McCormick v. State, 153 Fla. 838, 16 So.2d 49 (1944), wherein the court ruled that the

State v. Gerren

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-08T00:53:00-07:00

Citation: 604 So. 2d 515

Snippet: One of the Sawgrass Expressway, contrary to F.S. 838.016(1). Appellee filed an amended sworn motion to dismiss…the state alleged that appellee violated section 838.016, Florida Statutes (1989). That section provides…services performed in apprehending any criminal. § 838.016(1), Fla. Stat. (1989). In section 838.014(6), Florida…. 5th DCA 1988), the court interpreted section 838.016(2), Florida Statutes, concerning unlawful compensation…behavior, a third degree felony proscribed by section 838.016(1), Fla. Stat. (1979)." Shields, 404 So.2d