F.S. 838.015 on Google Scholar

F.S. 838.015 on Casetext

Amendments to 838.015

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
Chapter 838
View Entire Chapter
F.S. 838.015 Florida Statutes and Case Law
838.015 Bribery.
(1) “Bribery” means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally 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.
(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.
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; s. 2, ch. 2016-151.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 838.015 on Google Scholar

F.S. 838.015 on Casetext

Amendments to 838.015

Arrestable Offenses / Crimes under Fla. Stat. 838.015
Level: Degree
Misdemeanor/Felony: First/Second/Third


Civil Citations / Citable Offenses under S838.015
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 838.015.

Annotations, Discussions, Cases:

  1. Ellison v. State

    132 So. 3d 291 (Fla. Dist. Ct. App. 2014)   Cited 2 times
    Marlon Anthony Ellison challenges his conviction for bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008). The defendant was a corrections officer at a prison and employed by a private company that operated the prison pursuant to a contract with the State. The charges were filed following a prison corruption investigation during which a confidential informant advised police that the defendant was willing to smuggle contraband into the prison for a fee. The defendant argues that he cannot be convicted for a violation of section 838.015 because he was not a “public servant” within the meaning of the statute. As explained below, we conclude that the Correctional Privatization Act, Florida Statutes Chapter 957, brings Ellison and his conduct within the reach of section 838.015. Thus, we affirm the conviction.
    PAGE 292
  2. For the purpose of the laws against bribery, any person who has been elected or appointed to, or who is a candidate for election or appointment to, any public office is regarded as already being in that office with respect to any transaction relating to an act to be done if and when [he] [she] actually assumes office. Lesser Included Offenses BRIBERY OF A PUBLIC SERVANT — 838.015( 1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt if only "give" 777.04(1) 5.1 is charged Comment This instruction was adopted in 1981 and amended in 2005 and 2017. 19.2 BRIBERY BY A PUBLIC SERVANT § 838.015( 1), Fla._Stat. To prove the crime of Bribery by a Public Servant, the State must prove the following four elements beyond a reasonable doubt: 1. (Defendant) was a (office of defendant) public servant. 2. (Defendant) knowingly and intentionally [requested] [solicited] [accepted] [agreed to accept for [himself] [herself] [or another] ] from (person making bribe) the thing described in the charge in this case as (read from charge) a pecuniary or other benefit . 3. The (read from charge) was something of value, benefit, or advantage to [ (defendant) ] [a person in whose…
    PAGE 766
  3. Batterson v. State

    217 So. 3d 1062 (Fla. Dist. Ct. App. 2016)
    More precisely, section 838.015(1), Florida Statutes (2013), provides:
    PAGE 1063
  4. State v. Flansbaum-Talabisco

    No. 4D12-946 (Fla. Dist. Ct. App. Jul. 24, 2013)
    In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery:
    PAGE 9
  5. State v. Flansbaum-Talabisco

    121 So. 3d 568 (Fla. Dist. Ct. App. 2013)   Cited 2 times
    In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery:
    PAGE 575
  6. Marshall v. State

    313 So. 3d 937 (Fla. Dist. Ct. App. 2021)
    The State charged Mr. Marshall with (1) felony battery after prior conviction, a third-degree felony (count one); (2) bribery, a second-degree felony (count two); and (3) resisting an officer without violence, a first-degree misdemeanor (count three). See §§ 784.03(2), 838.015, 843.02, Fla. Stat. (2018). Mr. Marshall pleaded guilty to all offenses.
  7. Agan v. Vaughn

    119 F.3d 1538 (11th Cir. 1997)   Cited 226 times
    Georgia, unlike many other states, does not include an element of corrupt intent in the text of its bribery statute. Compare Ga. Code Ann. Section(s) 16-10-2 (1996) with Ala. Code Section(s) 13A-10-61(a) (1975) ("A person commits the crime of bribery if (1) He offers . . . any thing of value upon a public servant with the intent that the public servant's vote, opinion, judgment, exercise of discretion or other action in his official capacity will thereby be corruptly influenced") (emphasis added); Ariz.Rev.Stat.Ann. Section(s) 13-2602 (West 1989) ("A person commits bribery of a public servant or party officer if with corrupt intent . . . [s]uch person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer.") (emphasis added); Fla. Stat. Ann. Section(s) 838.015( 1) (West 1994) ("`Bribery' means corruptly to give, offer, or promise to any public servant . . . any pecuniary or other benefit with an intent or purpose to influence the performance of any…
    PAGE 1543
  8. U.S. v. Casamayor

    837 F.2d 1509 (11th Cir. 1988)   Cited 33 times
    The district court did not commit reversible error in refusing to give defendant Russell Barker's requested jury instruction in connection with the RICO conspiracy count. See 18 U.S.C.A. § 1962. The indictment alleged that Detective Barker committed two acts of bribery chargeable under state law. See Fla.State. § 838.015. The district court instructed the jury on the definition and elements of the Florida bribery statute. Defendant Barker, however, requested the district court to deliver an additional Florida Standard Jury Instruction setting out the specific elements involved in proving a violation of Fla.Stat. § 838.015 when the defendant is a public official accused of accepting a bribe, as distinguished from being a person charged with offering a bribe.
    PAGE 1514
  9. Merckle v. State

    529 So. 2d 269 (Fla. 1988)   Cited 7 times
    Bribery is defined in subsection 838.015(1), Florida Statutes (1985):
    PAGE 271
  10. U.S. v. Italiano

    837 F.2d 1480 (11th Cir. 1988)   Cited 26 times
    Paragraph fourteen of Count Two alleged that Nelson Italiano gave a "benefit" to certain county commissioners "with an intent and purpose to influence an act . . . within the official discretion of [those commissioners] relating to Cable Television Franchise Agreement No. 80-563. . . ." Such conduct, the indictment alleged, was chargeable under Florida Statutes, Section 838.015, supra.
    PAGE 1489