Florida/Georgia Personal Injury & Workers Compensation

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

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

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

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

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

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

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

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

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

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

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

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

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

...r accumulated contributions as of the date of termination. Two statutory definitions of a "specified offense" pertain to this case. First, section 112.3173(2)(e)(4) provides this meaning: "[a]ny felony specified in chapter 838, except ss. 838.15 and 838.16." Second, the "catch-all" provision of section 112.3173(2)(e)(6) defines "specified offense as, [t]he committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which...

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

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

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

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

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

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

...When the only proof of guilt is circumstantial, the state must, of course, introduce competent evidence which is inconsistent with the defendant's theory of events. See generally State v. Law, 559 So.2d 187 (Fla. 1989). Furthermore, at least one court has upheld a conviction pursuant to section 838.16(1) based on circumstantial evidence....

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

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

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

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

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

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

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

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

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

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

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

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

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