The Florida Senate
2010 Florida Statutes (including Special Session A)
| Title XLVI CRIMES |
Chapter 838 BRIBERY; MISUSE OF PUBLIC OFFICE |
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CHAPTER 838
BRIBERY; MISUSE OF PUBLIC OFFICE
838.014 Definitions.
838.015 Bribery.
838.016 Unlawful compensation or reward for official
behavior.
behavior.
838.021 Corruption by threat against public servant.
838.022 Official misconduct.
838.12 Bribery in athletic contests.
838.15 Commercial bribe receiving.
838.16 Commercial bribery.
838.21 Disclosure or use of confidential criminal justice
information.
information.
838.22 Bid tampering.
838.014 Definitions.—As used in this chapter, the term:
(1) “Benefit” means gain or advantage, or anything
regarded by the person to be benefited as a gain or advantage, including the
doing of an act beneficial to any person in whose welfare he or she is
interested, including any commission, gift, gratuity, property, commercial
interest, or any other thing of economic value not authorized by
law.
regarded by the person to be benefited as a gain or advantage, including the
doing of an act beneficial to any person in whose welfare he or she is
interested, including any commission, gift, gratuity, property, commercial
interest, or any other thing of economic value not authorized by
law.
(2) “Bid” includes a response to an “invitation to bid,”
“invitation to negotiate,” “request for a quote,” or “request for proposals” as
those terms are defined in s. 287.012.
“invitation to negotiate,” “request for a quote,” or “request for proposals” as
those terms are defined in s. 287.012.
(3) “Commodity” means any goods, merchandise, wares,
produce, chose in action, land, article of commerce, or other tangible or
intangible property, real, personal, or mixed, for use, consumption, production,
enjoyment, or resale.
produce, chose in action, land, article of commerce, or other tangible or
intangible property, real, personal, or mixed, for use, consumption, production,
enjoyment, or resale.
(4) “Corruptly” or “with corrupt intent” means acting
knowingly and dishonestly for a wrongful purpose.
knowingly and dishonestly for a wrongful purpose.
(5) “Harm” means pecuniary or other loss, disadvantage,
or injury to the person affected.
or injury to the person affected.
(6) “Public servant” means:
(a) Any officer or employee of a state, county,
municipal, or special district agency or entity;
municipal, or special district agency or entity;
(b) Any legislative or judicial officer or
employee;
employee;
(c) Any person, except a witness, who acts as a general
or special magistrate, receiver, auditor, arbitrator, umpire, referee,
consultant, or hearing officer while performing a governmental function;
or
or special magistrate, receiver, auditor, arbitrator, umpire, referee,
consultant, or hearing officer while performing a governmental function;
or
(d) A candidate for election or appointment to any of the
positions listed in this subsection, or an individual who has been elected to,
but has yet to officially assume the responsibilities of, public
office.
positions listed in this subsection, or an individual who has been elected to,
but has yet to officially assume the responsibilities of, public
office.
(7) “Service” means any kind of activity performed in
whole or in part for economic benefit.
whole or in part for economic benefit.
History.—s. 59, ch. 74-383; s. 317, ch.
96-410; s. 1824, ch. 97-102; s. 2, ch. 2003-158; s. 99, ch.
2004-11.
96-410; s. 1824, ch. 97-102; s. 2, ch. 2003-158; s. 99, ch.
2004-11.
838.015 Bribery.—
(1) “Bribery” means corruptly to give, offer, or promise
to any public servant, or, if a public servant, corruptly to request, solicit,
accept, or agree to accept for himself or herself or another, any pecuniary or
other benefit not authorized by law with an intent or purpose to influence the
performance of any act or omission which the person believes to be, or the
public servant represents as being, within the official discretion of a public
servant, in violation of a public duty, or in performance of a public
duty.
to any public servant, or, if a public servant, corruptly to request, solicit,
accept, or agree to accept for himself or herself or another, any pecuniary or
other benefit not authorized by law with an intent or purpose to influence the
performance of any act or omission which the person believes to be, or the
public servant represents as being, within the official discretion of a public
servant, in violation of a public duty, or in performance of a public
duty.
(2) Prosecution under this section shall not require any
allegation or proof that the public servant ultimately sought to be unlawfully
influenced was qualified to act in the desired way, that the public servant had
assumed office, that the matter was properly pending before him or her or might
by law properly be brought before him or her, that the public servant possessed
jurisdiction over the matter, or that his or her official action was necessary
to achieve the person’s purpose.
allegation or proof that the public servant ultimately sought to be unlawfully
influenced was qualified to act in the desired way, that the public servant had
assumed office, that the matter was properly pending before him or her or might
by law properly be brought before him or her, that the public servant possessed
jurisdiction over the matter, or that his or her official action was necessary
to achieve the person’s purpose.
(3) Any person who commits bribery commits a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 60, ch. 74-383; s. 35, ch.
75-298; s. 44, ch. 91-110; s. 1314, ch. 97-102; s. 3, ch.
2003-158.
75-298; s. 44, ch. 91-110; s. 1314, ch. 97-102; s. 3, ch.
2003-158.
838.016 Unlawful compensation or reward for
official behavior.—
official behavior.—
(1) It is unlawful for any person corruptly to give,
offer, or promise to any public servant, or, if a public servant, corruptly to
request, solicit, accept, or agree to accept, any pecuniary or other benefit not
authorized by law, for the past, present, or future performance, nonperformance,
or violation of any act or omission which the person believes to have been, or
the public servant represents as having been, either within the official
discretion of the public servant, in violation of a public duty, or in
performance of a public duty. Nothing herein shall be construed to preclude a
public servant from accepting rewards for services performed in apprehending any
criminal.
offer, or promise to any public servant, or, if a public servant, corruptly to
request, solicit, accept, or agree to accept, any pecuniary or other benefit not
authorized by law, for the past, present, or future performance, nonperformance,
or violation of any act or omission which the person believes to have been, or
the public servant represents as having been, either within the official
discretion of the public servant, in violation of a public duty, or in
performance of a public duty. Nothing herein shall be construed to preclude a
public servant from accepting rewards for services performed in apprehending any
criminal.
(2) It is unlawful for any person corruptly to give,
offer, or promise to any public servant, or, if a public servant, corruptly to
request, solicit, accept, or agree to accept, any pecuniary or other benefit not
authorized by law for the past, present, or future exertion of any influence
upon or with any other public servant regarding any act or omission which the
person believes to have been, or which is represented to him or her as having
been, either within the official discretion of the other public servant, in
violation of a public duty, or in performance of a public duty.
offer, or promise to any public servant, or, if a public servant, corruptly to
request, solicit, accept, or agree to accept, any pecuniary or other benefit not
authorized by law for the past, present, or future exertion of any influence
upon or with any other public servant regarding any act or omission which the
person believes to have been, or which is represented to him or her as having
been, either within the official discretion of the other public servant, in
violation of a public duty, or in performance of a public duty.
(3) Prosecution under this section shall not require that
the exercise of influence or official discretion, or violation of a public duty
or performance of a public duty, for which a pecuniary or other benefit was
given, offered, promised, requested, or solicited was accomplished or was within
the influence, official discretion, or public duty of the public servant whose
action or omission was sought to be rewarded or compensated.
the exercise of influence or official discretion, or violation of a public duty
or performance of a public duty, for which a pecuniary or other benefit was
given, offered, promised, requested, or solicited was accomplished or was within
the influence, official discretion, or public duty of the public servant whose
action or omission was sought to be rewarded or compensated.
(4) Whoever violates the provisions of this section
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 60, ch. 74-383; s. 36, ch.
75-298; s. 1315, ch. 97-102; s. 4, ch. 2003-158.
75-298; s. 1315, ch. 97-102; s. 4, ch. 2003-158.
838.021 Corruption by threat against public
servant.—
servant.—
(1) It is unlawful to harm or threaten to harm any public
servant, his or her immediate family, or any other person with whose welfare the
public servant is interested with the intent to:
servant, his or her immediate family, or any other person with whose welfare the
public servant is interested with the intent to:
(a) Influence the performance of any act or omission that
the person believes to be, or that the public servant represents as being,
within the official discretion of the public servant, in violation of a public
duty, or in performance of a public duty.
the person believes to be, or that the public servant represents as being,
within the official discretion of the public servant, in violation of a public
duty, or in performance of a public duty.
(b) Cause or induce the public servant to use or exert,
or procure the use or exertion of, any influence upon or with any other public
servant regarding any act or omission that the person believes to be, or that
the public servant represents as being, within the official discretion of the
public servant, in violation of a public duty, or in performance of a public
duty.
or procure the use or exertion of, any influence upon or with any other public
servant regarding any act or omission that the person believes to be, or that
the public servant represents as being, within the official discretion of the
public servant, in violation of a public duty, or in performance of a public
duty.
(2) Prosecution under this section shall not require any
allegation or proof that the public servant ultimately sought to be unlawfully
influenced was qualified to act in the desired way, that the public servant had
assumed office, that the matter was properly pending before him or her or might
by law properly be brought before him or her, that the public servant possessed
jurisdiction over the matter, or that his or her official action was necessary
to achieve the person’s purpose.
allegation or proof that the public servant ultimately sought to be unlawfully
influenced was qualified to act in the desired way, that the public servant had
assumed office, that the matter was properly pending before him or her or might
by law properly be brought before him or her, that the public servant possessed
jurisdiction over the matter, or that his or her official action was necessary
to achieve the person’s purpose.
(3)(a) Whoever unlawfully harms any public servant or any
other person with whose welfare the public servant is interested shall be guilty
of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
other person with whose welfare the public servant is interested shall be guilty
of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) Whoever threatens unlawful harm to any public servant
or to any other person with whose welfare the public servant is interested shall
be guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
or to any other person with whose welfare the public servant is interested shall
be guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.—s. 61, ch. 74-383; s. 37, ch.
75-298; s. 1316, ch. 97-102; s. 13, ch. 2010-117.
75-298; s. 1316, ch. 97-102; s. 13, ch. 2010-117.
838.022 Official misconduct.—
(1) It is unlawful for a public servant, with corrupt
intent to obtain a benefit for any person or to cause harm to another,
to:
intent to obtain a benefit for any person or to cause harm to another,
to:
(a) Falsify, or cause another person to falsify, any
official record or official document;
official record or official document;
(b) Conceal, cover up, destroy, mutilate, or alter any
official record or official document or cause another person to perform such an
act; or
official record or official document or cause another person to perform such an
act; or
(c) Obstruct, delay, or prevent the communication of
information relating to the commission of a felony that directly involves or
affects the public agency or public entity served by the public
servant.
information relating to the commission of a felony that directly involves or
affects the public agency or public entity served by the public
servant.
(2) For the purposes of this section:
(a) The term “public servant” does not include a
candidate who does not otherwise qualify as a public servant.
candidate who does not otherwise qualify as a public servant.
(b) An official record or official document includes only
public records.
public records.
(3) Any person who violates this section commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 5, ch.
2003-158.
2003-158.
838.12 Bribery in athletic
contests.—
contests.—
(1) Whoever gives, promises, offers or conspires to give,
promise or offer, to anyone who participates or expects to participate in any
professional or amateur game, contest, match, race or sport; or to any umpire,
referee, judge or other official of such game, contest, match, race or sport; or
to any owner, manager, coach or trainer of, or to any relative of, or to any
person having any direct, indirect, remote or possible connection with, any
team, individual, participant or prospective participant in any such
professional or amateur game, contest, match, race or sport, or the officials
aforesaid, any bribe, money, goods, present, reward or any valuable thing
whatsoever, or any promise, contract or agreement whatsoever, with intent to
influence him or her or them to lose or cause to be lost any game, contest,
match, race or sport, or to limit his or her or their or any person’s or any
team’s margin of victory in any game, contest, match, race, or sport, or to fix
or throw any game, contest, match, race or sport, shall be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
promise or offer, to anyone who participates or expects to participate in any
professional or amateur game, contest, match, race or sport; or to any umpire,
referee, judge or other official of such game, contest, match, race or sport; or
to any owner, manager, coach or trainer of, or to any relative of, or to any
person having any direct, indirect, remote or possible connection with, any
team, individual, participant or prospective participant in any such
professional or amateur game, contest, match, race or sport, or the officials
aforesaid, any bribe, money, goods, present, reward or any valuable thing
whatsoever, or any promise, contract or agreement whatsoever, with intent to
influence him or her or them to lose or cause to be lost any game, contest,
match, race or sport, or to limit his or her or their or any person’s or any
team’s margin of victory in any game, contest, match, race, or sport, or to fix
or throw any game, contest, match, race or sport, shall be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) Any participant or prospective participant in any
professional or amateur game, contest, match, race or sport; or any umpire,
referee, judge or other official of such game, contest, match, race or sport; or
any owner, manager, coach or trainer of, or any relative of, or any person
having any direct, indirect, remote or possible connection with, any team,
individual, participant or prospective participant in any such professional or
amateur game, contest, match, race or sport, or the officials aforesaid; who in
any way solicits, receives or accepts, or agrees to receive or accept, or who
conspires to receive or accept, any bribe, money, goods, present, reward or any
valuable thing whatsoever, or any promise, contract or agreement whatsoever,
with intent to lose or cause to be lost any game, contest, match, race or sport,
or to limit his, her, their or any person’s or any team’s margin of victory in
any game, contest, match, race or sport, or to fix or throw any game, contest,
match, race or sport, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
professional or amateur game, contest, match, race or sport; or any umpire,
referee, judge or other official of such game, contest, match, race or sport; or
any owner, manager, coach or trainer of, or any relative of, or any person
having any direct, indirect, remote or possible connection with, any team,
individual, participant or prospective participant in any such professional or
amateur game, contest, match, race or sport, or the officials aforesaid; who in
any way solicits, receives or accepts, or agrees to receive or accept, or who
conspires to receive or accept, any bribe, money, goods, present, reward or any
valuable thing whatsoever, or any promise, contract or agreement whatsoever,
with intent to lose or cause to be lost any game, contest, match, race or sport,
or to limit his, her, their or any person’s or any team’s margin of victory in
any game, contest, match, race or sport, or to fix or throw any game, contest,
match, race or sport, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—ss. 1, 2, ch. 28024, 1953; s. 1010,
ch. 71-136; s. 1317, ch. 97-102.
ch. 71-136; s. 1317, ch. 97-102.
838.15 Commercial bribe
receiving.—
receiving.—
(1) A person commits the crime of commercial bribe
receiving if the person solicits, accepts, or agrees to accept a benefit with
intent to violate a statutory or common-law duty to which that person is subject
as:
receiving if the person solicits, accepts, or agrees to accept a benefit with
intent to violate a statutory or common-law duty to which that person is subject
as:
(a) An agent or employee of another;
(b) A trustee, guardian, or other fiduciary;
(c) A lawyer, physician, accountant, appraiser, or other
professional adviser;
professional adviser;
(d) An officer, director, partner, manager, or other
participant in the direction of the affairs of an organization; or
participant in the direction of the affairs of an organization; or
(e) An arbitrator or other purportedly disinterested
adjudicator or referee.
adjudicator or referee.
(2) Commercial bribe receiving is a third degree felony,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 1, ch.
90-301.
90-301.
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.
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.
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 2, ch.
90-301.
90-301.
838.21 Disclosure or use of confidential
criminal justice information.—It is unlawful for a public
servant, with intent to obstruct, impede, or prevent a criminal investigation or
a criminal prosecution, to disclose active criminal investigative or
intelligence information as defined in chapter 119 or to disclose or use
information regarding either the efforts to secure or the issuance of a warrant,
subpoena, or other court process or court order relating to a criminal
investigation or criminal prosecution when such information is not available to
the general public and is gained by reason of the public servant’s official
position. Any person who violates this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
criminal justice information.—It is unlawful for a public
servant, with intent to obstruct, impede, or prevent a criminal investigation or
a criminal prosecution, to disclose active criminal investigative or
intelligence information as defined in chapter 119 or to disclose or use
information regarding either the efforts to secure or the issuance of a warrant,
subpoena, or other court process or court order relating to a criminal
investigation or criminal prosecution when such information is not available to
the general public and is gained by reason of the public servant’s official
position. Any person who violates this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 5, ch.
2003-158.
2003-158.
838.22 Bid tampering.—
(1) It is unlawful for a public servant, with corrupt
intent to influence or attempt to influence the competitive bidding process
undertaken by any state, county, municipal, or special district agency, or any
other public entity, for the procurement of commodities or services, to:
intent to influence or attempt to influence the competitive bidding process
undertaken by any state, county, municipal, or special district agency, or any
other public entity, for the procurement of commodities or services, to:
(a) Disclose material information concerning a bid or
other aspects of the competitive bidding process when such information is not
publicly disclosed.
other aspects of the competitive bidding process when such information is not
publicly disclosed.
(b) Alter or amend a submitted bid, documents or other
materials supporting a submitted bid, or bid results for the purpose of
intentionally providing a competitive advantage to any person who submits a
bid.
materials supporting a submitted bid, or bid results for the purpose of
intentionally providing a competitive advantage to any person who submits a
bid.
(2) It is unlawful for a public servant, with corrupt
intent to obtain a benefit for any person or to cause unlawful harm to another,
to circumvent a competitive bidding process required by law or rule by using a
sole-source contract for commodities or services.
intent to obtain a benefit for any person or to cause unlawful harm to another,
to circumvent a competitive bidding process required by law or rule by using 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
to violate subsection (1) or subsection (2).
conspire, combine, or confederate, directly or indirectly, with a public servant
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
acting in violation of subsection (1) or subsection (2).
a contract for commodities or services which was secured by a public servant
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.
of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 5, ch.
2003-158.
2003-158.
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