Florida Statute 838.22 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 838.22

Annotations, Discussions, Cases:

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

Cases Citing Statute 838.22

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