Florida Statute 838.016 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

View Entire Chapter

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: District Court of Appeal of Florida | Date Filed: 2024-10-02

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

Matheson v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 258 So. 3d 516

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: District Court of Appeal of Florida | Date Filed: 2017-12-20

Citation: 240 So. 3d 36

Snippet: for official behavior in violation of section 838.016(1), Florida Statutes (2013); Count 2, unlawful

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

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Citation: 214 So. 3d 1290

Snippet: TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR § 838.016(1), Fla, Slat. To prove the crime of Unlawful

Gary Czajkowski v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-11-04

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

Snippet: ■ The defendant primarily argues that section 838.016(1), Florida Statutes (2008), which codifies the

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

Court: Supreme Court of Florida | Date Filed: 2013-12-05

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

Snippet: d) is a public serv- Give if applicable. § 838.016(3), Fla. Stat. In order for the — defendant to

State v. Flansbaum-Talabisco

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

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

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

Court: District Court of Appeal of Florida | Date Filed: 2008-08-27

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

Page v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-03-07

Citation: 980 So. 2d 528, 2008 WL 611585

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

State v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2006-02-22

Citation: 927 So. 2d 939, 2006 WL 399512

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: Supreme Court of Florida | Date Filed: 2005-09-01

Citation: 911 So. 2d 766, 2005 WL 2095664

Snippet: UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful

State v. Castillo

Court: Supreme Court of Florida | Date Filed: 2004-04-22

Citation: 877 So. 2d 690, 2004 WL 856754

Snippet: performance or nonperformance of official duties. See § 838.016(1), Fla. Stat. (1999). In this case, a police officer

Castillo v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-12-26

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: Supreme Court of Florida | Date Filed: 2002-03-21

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

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

Jacobo v. Board of Trustees of Miami Police

Court: District Court of Appeal of Florida | Date Filed: 2001-06-20

Citation: 788 So. 2d 362, 2001 Fla. App. LEXIS 8340, 2001 WL 686823

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

Alvarez v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-04-11

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)

Standard Jury Instructions

Court: Supreme Court of Florida | Date Filed: 1998-07-16

Citation: 723 So. 2d 123

Snippet: is charged 838.016(1) Bribery by a None

Seropian v. Forman

Court: District Court of Appeal of Florida | Date Filed: 1995-03-29

Citation: 652 So. 2d 490, 1995 WL 132159

Snippet: plaintiff persuaded the trial judge to read section 838.016, Florida Statutes (1991), to the jury and later

White v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-02-16

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: District Court of Appeal of Florida | Date Filed: 1992-07-08

Citation: 604 So. 2d 515, 1992 WL 153977

Snippet: One of the Sawgrass Expressway, contrary to F.S. 838.016(1). Appellee filed an amended sworn motion to dismiss