Fla. Stat. » 838
Florida Statutes

Fla. Stat. § 838.022 (2025)

Official misconduct.

✓ 2025 Florida Statutes: through the 2025 Regular Session (some sections already show 2026 laws)
Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar
838.022 Official misconduct.—
(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official document;
(b) Concealing, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act; or
(c) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor.
(2) For the purposes of this section:
(a) The term “public servant” does not include a candidate who does not otherwise qualify as a public servant.
(b) An official record or official document includes only public records.
(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 5, ch. 2003-158; s. 4, ch. 2016-151.

Arrestable Offenses under F.S. 838.022

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§838.022(1a)FRAUD-FALSE STATEMENTPUBLIC SERVANT FALSIFY OFFICIAL DOCUMENTF · 3rd
§838.022(1b)FRAUDPUB SERVANT CONCEAL DESTROY ALTER OFF DOCF · 3rd
§838.022(1c)OBSTRUCTING JUSTICEPUB SERV CONTRAC OBST FEL INFO INV GOVF · 3rd
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 2005–2024 · leading case: Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008).
Sort: Relevance Newest Treatment
Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008). · cites it 3× “In response, the Trust argues that the acts constituting the federal felonies to which Hames pled guilty were punishable in Florida under section 838.022, Florida Statutes (2003), which describes the felony of official misconduct.”
Sharp v. City of Palatka, 529 F. Supp. 2d 1342 (M.D. Fla. 2007). · cites it 5× “Fla. Stat. § 838.022 (2003) states in relevant part: "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to [Salsify, or cause another person to falsify, any *1349 official record or official document.”
State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013). · cites it 2× “§ 838.022, Fla. Stat. (2010). The state’s information accused Talabisco of committing official misconduct by failing to disclose that she had been financially aided by the Chaits during her campaign in exchange for her favorable vote for their project, constituting the felonies…”
Simcox v. City of Hollywood Police Officers'ret. Sys., 988 So. 2d 731 (Fla. 4th DCA 2008). “3173(2)(e)(4) because the acts underlying the federal crime of which Simcox was convicted would support a Florida conviction for a Chapter 838 felony under both section 838.”
In re Stand. Jury Instructions in Crim. Cases, 123 So. 3d 54 (Fla. 2013). · cites it 8× “Fla. Stat. § 838.022 (2)(b). “Official Record” or “Official Document” includes only public records.”
State v. Dominguez, 27 So. 3d 782 (Fla. 3d DCA 2010). “The initial information charged one count of official misconduct under section 838.022, and eight counts of grand theft under section 812.”
Clement v. State, 895 So. 2d 446 (Fla. 2d DCA 2005). · cites it 2× “Renumbered as section 838.022, the new statute expressly excludes a candidate who does not otherwise qualify as a public servant from the definition of “public servant” in the official misconduct statute.”
Manny Lazaro Melendez v. State of Florida, 361 So. 3d 392 (Fla. 3d DCA 2023). · cites it 3× “This court has not evaluated the “benefit” element in the current version of section 838.022, Florida Statutes, though we have previously upheld convictions under section 839.”
Holmes v. City of Clearwater, No. 8:23-cv-01380 (M.D. Fla. Feb. 26, 2024). · cites it 3× “Count VIII In Count VIII, Plaintiff attempts to assert a § 1983 claim against the City and each individual officer based on an alleged violation of § 838.022(1)(a), F.S., a Florida state criminal statute.”
Schaeffer v. Bevil, No. 8:21-cv-02636 (M.D. Fla. Dec. 8, 2021). · cites it 3× “The Court doubts that any of the criminal statutes listed in the Complaint create an implied private cause of action, and Schaeffer should be mindful of pleading a cognizable claim if he elects to proceed.”
In re Stand. Jury Instructions in Crim. Cases—report 2016-10, 214 So. 3d 1290 (Fla. 2017). · cites it 2× “7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official Misconduct, the State must prove the following threetwo elements beyond a reasonable doubt: 1.”
Gonot v. State, 112 So. 3d 679 (Fla. 4th DCA 2013). · cites it 3× “On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including] a candidate who does not otherwise qualify as a public servant,” for the argument that “he was not a public servant at the time of the alleged offense” but was “merely a…”
Show all 15 citing cases →
838.022(1)(a): 2 cases
Sharp v. City of Palatka, 529 F. Supp. 2d 1342 (M.D. Fla. 2007). “Fla. Stat. § 838.022 (2003) states in relevant part: "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to [Salsify, or cause another person to falsify, any *1349 official record or official document.”
Holmes v. City of Clearwater, No. 8:23-cv-01380 (M.D. Fla. Feb. 26, 2024). “Count VIII In Count VIII, Plaintiff attempts to assert a § 1983 claim against the City and each individual officer based on an alleged violation of § 838.022(1)(a), F.S., a Florida state criminal statute.”
838.022(2)(a): 2 cases
In re Stand. Jury Instructions in Crim. Cases, 123 So. 3d 54 (Fla. 2013). “Fla. Stat. § 838.022 (2)(b). “Official Record” or “Official Document” includes only public records.”
Gonot v. State, 112 So. 3d 679 (Fla. 4th DCA 2013). “On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including] a candidate who does not otherwise qualify as a public servant,” for the argument that “he was not a public servant at the time of the alleged offense” but was “merely a…”
838.022(a): 1 case
Holmes v. City of Clearwater, No. 8:23-cv-01380 (M.D. Fla. Feb. 26, 2024). “Count VIII In Count VIII, Plaintiff attempts to assert a § 1983 claim against the City and each individual officer based on an alleged violation of § 838.022(1)(a), F.S., a Florida state criminal statute.”
838.022(l)(a): 2 cases
Wasserstrom v. State, 21 So. 3d 55 (Fla. 4th DCA 2009).
Gonot v. State, 112 So. 3d 679 (Fla. 4th DCA 2013). “On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including] a candidate who does not otherwise qualify as a public servant,” for the argument that “he was not a public servant at the time of the alleged offense” but was “merely a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 838 matters in the context of public corruption and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.