Florida Statute 838.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.22

838.22 Bid tampering.—

(1) It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally influence or attempt to influence the competitive solicitation undertaken by any governmental entity for the procurement of commodities or services, by:

(a) Disclosing, except as authorized by law, material information concerning a vendor’s response, any evaluation results, or other aspects of the competitive solicitation when such information is not publicly disclosed.

(b) Altering or amending a submitted response, documents or other materials supporting a submitted response, or any evaluation results relating to the competitive solicitation for the purpose of intentionally providing a competitive advantage to any person who submits a response.

(2) It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by circumventing a competitive solicitation process required by law or rule through the use of a sole-source contract for commodities or services.

(3) It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to violate subsection (1) or subsection (2).

(4) It is unlawful for any person to knowingly enter into a contract for commodities or services which was secured by a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement acting in violation of subsection (1) or subsection (2).

(5) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 5, ch. 2003-158; s. 5, ch. 2016-151.

F.S. 838.22 on Google Scholar

F.S. 838.22 on Casetext

Amendments to 838.22

Arrestable Offenses / Crimes under Fla. Stat. 838.22

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

S838.22 1 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7924 - F: S

S838.22 1 - PUBLIC ORDER CRIMES - BID TAMPERING BY PUBLIC SERVANT CONTRACTOR - F: S

S838.22 2 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7925 - F: S

S838.22 2 - PUBLIC ORDER CRIMES - PUB SER CONTR USE SOLE SRCE CIRCUMVENT SOLIT - F: S

S838.22 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7926 - F: S

S838.22 3 - PUBLIC ORDER CRIMES - CONSPIRE W PUB SERV CONTR VIOL COMPET PROCUREM - F: S

S838.22 4 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7927 - F: S

S838.22 4 - PUBLIC ORDER CRIMES - ENTER CONTRACT SECURED BY VIOL COMPETIT PROCUR - F: S

S838.22 5 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8959 - F: S

S838.22 5 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8960 - F: S

S838.22 5 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8961 - F: S

S838.22 5 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8962 - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 838.22

Total Results: 13

MANNY LAZARO MELENDEZ v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-19

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

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

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Citation: 214 So. 3d 1290

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

In re Standard Jury Instructions in Criminal Cases

Court: Supreme Court of Florida | Date Filed: 2013-09-26

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

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

McCray v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-08-07

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

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

State v. Flansbaum-Talabisco

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

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

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

Gonot v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-05-01

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

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

State v. Dominguez

Court: District Court of Appeal of Florida | Date Filed: 2010-02-17

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

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

WASSERSTROM v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2008-08-27

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

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

Hames v. CITY OF MIAMI FIREFIGHTERS'

Court: District Court of Appeal of Florida | Date Filed: 2008-03-05

Citation: 980 So. 2d 1112, 2008 WL 583672

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

Garcia v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-08-09

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

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

Clement v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-02-02

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

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

Helton and Helton v. Sinclair

Court: Supreme Court of Florida | Date Filed: 1927-06-11

Citation: 113 So. 568, 93 Fla. 1121

Snippet: Court found that $1,664.96 was due on the debt, $838.22 interest, and decreed the payment of that sum together