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Fla. Stat. § 838.22 (2025)

Bid tampering.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.

Arrestable Offenses under F.S. 838.22

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§838.22(1)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 9920F · 2nd
§838.22(1)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 7924F · 2nd
§838.22(2)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 7925F · 2nd
§838.22(2)PUBLIC ORDER CRIMESPUB SER CONTR USE SOLE SRCE CIRCUMVENT SOLITF · 2nd
§838.22(3)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 7926F · 2nd
§838.22(3)PUBLIC ORDER CRIMESCONSPIRE W PUB SERV CONTR VIOL COMPET PROCUREMF · 2nd
§838.22(4)PUBLIC ORDER CRIMESENTER CONTRACT SECURED BY VIOL COMPETIT PROCURF · 2nd
§838.22(4)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 7927F · 2nd
§838.22(5)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8960F · 2nd
§838.22(5)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8959F · 2nd
§838.22(5)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8962F · 2nd
§838.22(5)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 8961F · 2nd
§838.22(1a)PUBLIC ORDER CRIMESDISCLOSING BID INFORMATION W/O AUTHORIZATIONF · 2nd
§838.22(1b)PUBLIC ORDER CRIMESALTER/AMEND BID MATERIALS TO PROVIDE ADVANTAGEF · 2nd

This Florida statute resource is curated by this site's author, 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.