Syfert Injury Law Firm

predicate acts of bribery in violation of section 838.016(1) of Florida Statutes: racketeering act 2

statute as the predicate act. That statute, FSA § 838.016, has been interpreted as being substantially identical

servant, of taking bribes, which is a crime. § 838.016, Fla. Stat. In suggesting such an instruction

At all times material herein, Florida Statute § 838.016 provided: (1) It is unlawful for any person corruptly

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

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

Count 5 charged that Judge Leon violated section 838.016(2), Florida Statutes, by accepting gambling

Unauthorized Compensation Statute, Fla.Stat. § 838.016 (1979), are not predicate acts under the RICO

COMPENSATION FOR OFFICIAL BEHAVIOR, in violation of Section 838.016, Florida Statutes, or both, and in furtherance

imposed for the offense of unlawful compensation, § 838.016, Florida Statutes. We affirm the order appealed

unauthorized compensation for official behavior [§ 838.016(1), Fla. Stat. (1981)]. Bricker was employed by

section 796.07(3)(a); to "offer" a bribe, section 838.016; to "offer" to sell obscene materials, section

behavior, a third degree felony proscribed by Section 838.016(1), Fla. Stat. (1979). That statute provides:

Stat. (1981); receiving unlawful compensation, § 838.016(2), Fla. Stat. (1981); extortion by a state officer

Stat. (1981); receiving unlawful compensation, § 838.016(2), Fla. Stat. (1981); extortion by a state officer

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

conviction for a Chapter 838 felony under both section 838.016, unlawful compensation for official behavior

receiving unlawful compensation in violation of section 838.016(2), Florida Statutes (1981), extortion by a

(1977)], and (2) receiving unlawful compensation [§ 838.016, Fla. Stat. (1977)] before the Circuit Court for

proscribed acts with the word "corruptly". Now Section 838.016, Florida Statutes (1975). [2] Florida Statute

Franklin Lee McFadden, was charged with violating section 838.016(2), Florida Statutes (1981), which prohibits

Eleventh Circuit has already stated that "FSA § 838.016 has been interpreted as being substantially identical

receiving unlawful compensation, a violation of section 838.016(2), Florida Statutes (1981). On appeal he raises

promising unlawful compensation, a violation of section 838.016(2), Florida Statutes (1981). On appeal, he

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

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

NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla. Stat. [3] § 839.11, Fla. Stat. (1981)

Statute § 838.015 (bribery) and Florida Statute § 838.016 (misuse of public office). Thus, the petitioner

subject statement about Jamason. [4] See section 838.016, Florida Statutes (1983). [5] See section

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

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

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

behavior. ■ The defendant primarily argues that section 838.016(1), Florida Statutes (2008), which codifies

official behavior, which is defined under section 838.016(1), Florida Statutes (2010): It is unlawful

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

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

petitioners have been charged with violations of section 838.016(1), Florida Statutes (1995), which reads: “(1)

appellee, Milbrath, was charged with violating section 838.016(2), Florida Statutes (1985) (unlawful compensation

other public servants which is prohibited by section 838.016(2), Florida Statutes (1981). Moreover, we cannot

compensation for official behavior, a violation of Section 838.-016(1), Florida Statutes (1979). She was adjudicated

Statutes (1977), and unlawful compensation under Section 838.016, Florida Statutes (1977). From this order the

accepting unauthorized compensation contrary to Section 838.016, Florida Statutes (1975), a third degree felony