Florida Statutes
Fla. Stat. § 838.016 (2025)
Unlawful compensation or reward for official behavior.
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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.
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.
Arrestable Offenses under F.S. 838.016
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§838.016BRIBERYUNLAW COMPENSATION REWARD OFFICIAL BEHAVIOR
Notes of Decisions
Cited in 41
cases (2 in the last 5 years), 1976–2026 · leading case: In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “For the purpose-of-the laws against bribery, any person who has-been elected-or-appointedto, 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-transaction relating to an-act-to-be-done if and…”
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “3 BRIBERY UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful Compensation or Reward of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”
Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). “The defendant’s motion to dismiss argued that section 838.016 was unconstitutional as applied to his prosecution in violation of the due process clauses of the Florida Constitution and the United States Constitution.”
State v. Castillo, 877 So. 2d 690 (Fla. 2004). “06, Florida Statutes, which was repealed and readopted as section 838.016, Florida Statutes, effective in 1975.”
Seropian v. Forman, 652 So. 2d 490 (Fla. 4th DCA 1995). “Plaintiff attempted to predicate his defamation claim on the contention that defendant's three letters effectually charged plaintiff with the unlawful acceptance of compensation from a third party for the performance of his public duties.”
State v. Giardino, 363 So. 2d 201 (Fla. 3d DCA 1978). “015 (1977)], or (b) the unlawful compensation for official behavior statute [ Fla. Stat. § 838.016 (1977)], or (c) both of those statutes.”
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). “§ 838.016(1), Fla. Stat. (2010). 2 Section 838.”
Lewis v. Evans, 406 So. 2d 489 (Fla. 2d DCA 1981). “§ 838.016, Fla. Stat. In suggesting such an instruction, we are not to be understood as limiting the trial court in its discretion and obligation to instruct the jury in accordance with the evidence which may be presented upon the retrial.”
Alvarez v. State, 800 So. 2d 237 (Fla. 3d DCA 2001). “Alvarez and the other petitioners have been charged with violations of section 838.016(1), Florida Statutes (1995), which reads: “(1) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit,…”
Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). “Count 5 charged that Judge Leon violated section 838.016(2), 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 for past, present, or future…”
State v. Gerren, 604 So. 2d 515 (Fla. 4th DCA 1992). “That section provides in pertinent part as follows: (1) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or if a public servant, corruptly to request, solicit, accept, or agree to accept, a pecuniary or other benefit not authorized by…”
United States v. Massey, 89 F.3d 1433 (11th Cir. 1996). “Fla.Stat.Ann. § 838.016(1) (West 1994). At trial, the government presented evidence that Massey’s friend of twenty years owned the Club, that Massey frequently dined at the Club, that Sepe only dined at the Club on the two occasions he hosted the Christmas luncheon, and that on…”
— 838.016(1) — 15 cases
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “For the purpose-of-the laws against bribery, any person who has-been elected-or-appointedto, 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-transaction relating to an-act-to-be-done if and…”
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “3 BRIBERY UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful Compensation or Reward of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”
State v. Castillo, 877 So. 2d 690 (Fla. 2004). “06, Florida Statutes, which was repealed and readopted as section 838.016, Florida Statutes, effective in 1975.”
Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). “The defendant’s motion to dismiss argued that section 838.016 was unconstitutional as applied to his prosecution in violation of the due process clauses of the Florida Constitution and the United States Constitution.”
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). “§ 838.016(1), Fla. Stat. (2010). 2 Section 838.”
— 838.016(2) — 15 cases
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “3 BRIBERY UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful Compensation or Reward of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “For the purpose-of-the laws against bribery, any person who has-been elected-or-appointedto, 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-transaction relating to an-act-to-be-done if and…”
Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983). “Count 5 charged that Judge Leon violated section 838.016(2), 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 for past, present, or future…”
Garrett v. State, 508 So. 2d 427 (Fla. 2d DCA 1987).
Merckle v. State, 529 So. 2d 269 (Fla. 1988).
— 838.016(3) — 3 cases
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “For the purpose-of-the laws against bribery, any person who has-been elected-or-appointedto, 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-transaction relating to an-act-to-be-done if and…”
In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005). “3 BRIBERY UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful Compensation or Reward of a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1.”
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-10, 214 So. 3d 1290 (Fla. 2017).
— 838.016(4) — 1 case
Alvarez v. State, 800 So. 2d 237 (Fla. 3d DCA 2001). “Alvarez and the other petitioners have been charged with violations of section 838.016(1), Florida Statutes (1995), which reads: “(1) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit,…”
— 838.016(l) — 1 case
Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). “The defendant’s motion to dismiss argued that section 838.016 was unconstitutional as applied to his prosecution in violation of the due process clauses of the Florida Constitution and the United States Constitution.”
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