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Fla. Stat. § 838.16 (2025)

Commercial bribery.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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838.16 Commercial bribery.—
(1) A person commits the crime of commercial bribery if, knowing that another is subject to a duty described in s. 838.15(1) and with intent to influence the other person to violate that duty, the person confers, offers to confer, or agrees to confer a benefit on the other.
(2) Commercial bribery is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 90-301.

Arrestable Offenses under F.S. 838.16

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§838.16BRIBE-OFFERINGOFFER COMML BRIBEF · 3rd
Notes of Decisions
Cited in 3 cases, 1992–2020 · leading case: State v. Gerren, 604 So. 2d 515 (Fla. 4th DCA 1992).
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State v. Gerren, 604 So. 2d 515 (Fla. 4th DCA 1992). “Furthermore, at least one court has upheld a conviction pursuant to section 838.16(1) based on circumstantial evidence.”
Ocean Commc'ns, Inc. v. The Jewelry Channel (S.D. Fla. 2020). · cites it 9× “Commercial Bribery Ocean brings Counts III and IV for commercial bribery under Fla. Stat. § 838.16 . Shop LC and Vaibhav maintain that § 838.”
Cont'l 332 Fund, LLC v. Kozlowski (M.D. Fla. 2020). “§ 838.16; MINN. STAT. § 609.86; TEX. PENAL CODE § 32.”
— 838.16(1) — 2 cases
State v. Gerren, 604 So. 2d 515 (Fla. 4th DCA 1992). “Furthermore, at least one court has upheld a conviction pursuant to section 838.16(1) based on circumstantial evidence.”
Ocean Commc'ns, Inc. v. The Jewelry Channel (S.D. Fla. 2020). “Commercial Bribery Ocean brings Counts III and IV for commercial bribery under Fla. Stat. § 838.16 . Shop LC and Vaibhav maintain that § 838.”
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, 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.