Florida Statute 838.22 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.022

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.

F.S. 838.022 on Google Scholar

F.S. 838.022 on CourtListener

Amendments to 838.022

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 838.022

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

S838.022 1a - FRAUD-FALSE STATEMENT - PUBLIC SERVANT FALSIFY OFFICIAL DOCUMENT - F: T

S838.022 1b - FRAUD - PUB SERVANT CONCEAL DESTROY ALTER OFF DOC - F: T

S838.022 1c - OBSTRUCTING JUSTICE - PUB SERV CONTRAC OBST FEL INFO INV GOV - F: T

Cases Citing Statute 838.022

Total Results: 15

Omar Paez v. Claudia Mulvey

915 F.3d 1276

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2019 | Docket: 14542305

Cited 187 times | Published

Official Misconduct in violation of Florida Statute § 838.022, one count of Grand Theft in violation of Florida

Hames v. CITY OF MIAMI FIREFIGHTERS'

980 So. 2d 1112, 2008 WL 583672

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1418761

Cited 9 times | Published

pled guilty were punishable in Florida under section 838.022, Florida Statutes (2003), which describes the

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

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

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1385187

Cited 5 times | Published

unlawful compensation for official behavior, and section 838.022, official misconduct. Alternatively, the Board

State v. Dominguez

27 So. 3d 782, 2010 Fla. App. LEXIS 1636, 2010 WL 532870

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 2409595

Cited 2 times | Published

charged one count of official misconduct under section 838.022, and eight counts of grand theft under section

Sharp v. City of Palatka

529 F. Supp. 2d 1342, 2007 U.S. Dist. LEXIS 93624, 2007 WL 4557225

District Court, M.D. Florida | Filed: Dec 20, 2007 | Docket: 2244643

Cited 2 times | Published

official misconduct in violation of Florida Statutes § 838.022(1)(a).[6] The charging *1349 affidavit and the

In re Standard Jury Instructions in Criminal Cases

123 So. 3d 54, 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235111

Cited 1 times | Published

instruction, to in-*55elude a citation to section 838.022(2)(a), Florida Statutes, for the proposition

MANNY LAZARO MELENDEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221650

Published

“benefit” element in the current version of section 838.022, Florida Statutes, though we have previously

Omar Paez v. Claudia Mulvey

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2019 | Docket: 14548169

Published

Official Misconduct in violation of Florida Statute § 838.022, one count of Grand Theft in violation of Florida

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

214 So. 3d 1290

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684621

Published

and 2017. 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official

McCray v. State

121 So. 3d 603, 2013 WL 4007202, 2013 Fla. App. LEXIS 12335

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234455

Published

counts of official misconduct in violation of section 838.022, Florida Statutes (2006). These convictions

State v. Flansbaum-Talabisco

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

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234449

Published

or public entity served by the public servant. § 838.022, Fla. Stat. (2010). The state’s information accused

Gonot v. State

112 So. 3d 679, 2013 WL 1810623, 2013 Fla. App. LEXIS 6926

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60231215

Published

acquittal on the count of official misconduct. Section 838.022(l)(a), Florida Statutes (2007), makes it “unlawful

WASSERSTROM v. State

21 So. 3d 55, 2009 Fla. App. LEXIS 14517, 2009 WL 3103855

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1655727

Published

convicted of official misconduct in violation of section 838.022(1)(a), Florida Statutes (2004), which makes

Garcia v. State

939 So. 2d 1082, 2006 Fla. App. LEXIS 13260, 2006 WL 2270347

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 64847327

Published

October 1, 2003, the statute was rewritten as section 838.022, Florida Statutes, and section 839.25, Florida

Clement v. State

895 So. 2d 446, 2005 Fla. App. LEXIS 860, 2005 WL 231207

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64836430

Published

2d 1112, 1116-17 (Fla.1998)). Renumbered as section 838.022, the new statute expressly excludes a candidate