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: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: benefit” element in the current version of section 838.022, Florida Statutes, though we have previously upheld… Statutes, the predecessor statute to section 838.022, where the offending officer falsified official

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

Court: Fla. | Date Filed: 2017-04-13T00:00:00-07:00

Citation: 214 So. 3d 1290

Snippet: and 2017. 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official…while performing a governmental function. $ 838.022(2)(a). Fla. Stat. “Public servant” does …performing a governmental function. ⅛⅛| 838.022(3)fb). Met. Stat. “Official Record” or “

In re Standard Jury Instructions in Criminal Cases

Court: Fla. | Date Filed: 2013-09-26T00:00:00-07:00

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…PERRY, concur. APPENDIX 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. To prove the crime of Official Misconduct…performing a governmental function. Fla. Stat. § 838.022(2)(b). “Official Record” or “Official Document…office does not qualify as a public servant. § 838.022(2)(a), Fla. Stat. (2012). This instruction was

McCray v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-07T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-07-24T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-05-01T00:00:00-07:00

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…Beach. On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including

State v. Dominguez

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-17T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-09-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-08-27T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-03-04T23:53:00-08:00

Citation: 980 So. 2d 1112

Snippet: guilty were punishable in Florida under section 838.022, Florida Statutes (2003), which describes the felony…guilty plea in September 2001. Because section 838.022 was not enacted until 2003, it cannot be retroactively

Garcia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-09T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-02-02T00:00:00-08:00

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…Fla., repealed section 839.25 and added section 838.022, effective October 1, 2003. No. 2D04-1253

Helton and Helton v. Sinclair

Court: Fla. | Date Filed: 1927-06-11T00:00:00-08:00

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