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Florida Statute 838.016 | Lawyer Caselaw & Research
F.S. 838.016 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
View Entire Chapter
F.S. 838.016
838.016 Unlawful compensation or reward for official behavior.
(1) It is unlawful for any person 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, 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. This section does not preclude a public servant from accepting rewards for services performed in apprehending any criminal.
(2) It is unlawful for any person 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, 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.
(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.
History.s. 60, ch. 74-383; s. 36, ch. 75-298; s. 1315, ch. 97-102; s. 4, ch. 2003-158; s. 3, ch. 2016-151.

F.S. 838.016 on Google Scholar

F.S. 838.016 on Casetext

Amendments to 838.016


Arrestable Offenses / Crimes under Fla. Stat. 838.016
Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.016 - BRIBERY - UNLAW COMPENSATION REWARD OFFICIAL BEHAVIOR - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. MATHESON, v. MIAMI- DADE COUNTY,, 258 So. 3d 516 (Fla. App. Ct. 2018)

. . . See, e.g., § 838.016(1), Fla. . . .

BATEMAN, v. STATE, 240 So. 3d 36 (Fla. App. Ct. 2017)

. . . charging Bateman with Count 1, unlawful compensation for official behavior in violation of section 838.016 . . . acquittal on Count 1, unlawful compensation or reward for official behavior in violation of section 838.016 . . . the kind of official discretionary or duty bound acts that fell within the proscriptions of section 838.016 . . . compensation or reward for exerting influence on another official's behavior, in violation of section 838.016 . . . Section 838.016(1), Florida Statutes (2013) provides, (1) It is unlawful for any person corruptly to . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 214 So. 3d 1290 (Fla. 2017)

. . . Give if applicable. § 838.016(3), Fla. . . . Give if applicable. § 838.016(3), Fla. Stat. . . . Comments §838.016(1), Fla. Stat. . . . Give if applicable. § 838.016(3), Fla. Slat. . . . Comments §838.016(1), Fla, Stat. . . .

CZAJKOWSKI, v. STATE, 178 So. 3d 498 (Fla. Dist. Ct. App. 2015)

. . . . ■ The defendant primarily argues that section 838.016(1), Florida Statutes (2008), which codifies the . . . issue with an examination of other statutory provisions, case Jaw, and the plain meaning of section 838.016 . . . (1) (2 DEG FEL). ■ Section ■ 838.016(1); Florida Statutes (2008), provides, in pertinent part: It is . . . The defendant’s motion to dismiss argued that section 838.016 was unconstitutional as applied to his . . . In the response, the state argued that section 838.016, coupled with sections 112.313(2) and 112.313( . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . . § 838.016(3), Fla. Stat. . . . None Attempt if only 777.04(1) 5.1 “giave” is charged Comments § 838.016(1), Fla. Stat. . . . Comments § 838.016(1), Fla. Stat. . . . None Attempt if only 777.04(1) 5.1 “gave” is charged Comments § 838.016(1), Fla. Stat. . . . Comments § 838.016(1), Fla. Stat. . . .

STATE v. FLANSBAUM- TALABISCO,, 121 So. 3d 568 (Fla. Dist. Ct. App. 2013)

. . . Talabisco was for unlawful compensation or reward for official behavior, which is defined under section 838.016 . . . preclude a public servant from accepting rewards for services performed in apprehending any criminal. § 838.016 . . . preclude a public servant from accepting rewards for services performed in apprehending any criminal. § 838.016 . . .

SIMCOX, v. CITY OF HOLLYWOOD POLICE OFFICERS RETIREMENT SYSTEM,, 988 So. 2d 731 (Fla. Dist. Ct. App. 2008)

. . . Simcox was convicted would support a Florida conviction for a Chapter 838 felony under both section 838.016 . . .

PAGE, v. STATE, 980 So. 2d 528 (Fla. Dist. Ct. App. 2008)

. . . and receiving unlawful compensation for official behavior, in violation of sections 888.015(1) and 838.016 . . .

STATE v. FERNANDEZ,, 927 So. 2d 939 (Fla. Dist. Ct. App. 2006)

. . . forgery, bribery, and unlawful compensation in violation of sections 895.03(3), 831.01, 838.015(1), and 838.016 . . .

UNITED STATES v. KRAVITSKY,, 152 F. App'x 815 (11th Cir. 2005)

. . . . § 838.016(1). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 911 So. 2d 766 (Fla. 2005)

. . . [he][she] actually assumes office. 19.3 BRIBERY UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016 . . . The court now instructs you that a (office of person bribed) is a public servant. § 838.016(3), Fla. . . . to any transaction relating to an act to be done if and when [he] [she] actually assumes office. § 838.016 . . . he][she] actually assumes office. 19.6 BRIBERY- UNLAWFUL COMPENSATION OR REWARD BY PUBLIC SERVANT § 838.016 . . . bribed) is a public servant and that a (office of person sought to be influenced) is a public servant. § 838.016 . . .

STATE v. CASTILLO,, 877 So. 2d 690 (Fla. 2004)

. . . See § 838.016(1), Fla. Stat. (1999). . . . See § 838.016(1), Fla. Stat. (1999); § 839.25, Fla. Stat. (1999). . . . Section 838.016(1) further requires that the public servant must request, solicit, accept, or agree to . . . We agree with this reasoning and hold that section 838.016(1) does not require a specific agreement. . . . The current statute, section 838.016(1), prohibits requesting, soliciting, accepting, or agreeing to . . .

CASTILLO, v. STATE, 835 So. 2d 306 (Fla. Dist. Ct. App. 2002)

. . . Section 838.016, Florida Statutes (1999), provides: (1) It is unlawful for any person corruptly to give . . .

THE FLORIDA BAR, v. CUETO,, 834 So. 2d 152 (Fla. 2002)

. . . The statute on "Unlawful compensation or reward for official behavior," section 838.016(1), Florida Statutes . . .

ALVAREZ, O. M. M. III, v. STATE, 800 So. 2d 237 (Fla. Dist. Ct. App. 2001)

. . . Alvarez and the other petitioners have been charged with violations of section 838.016(1), Florida Statutes . . . a public servant’s performance of his public duty is corruptly “bought” as contemplated by Section 838.016 . . . Section 838.016(4), Florida Statutes (1995) made the offense a felony of the third degree. . . .

UNITED STATES v. MASSEY,, 89 F.3d 1433 (11th Cir. 1996)

. . . jury specifically found that Massey committed two predicate acts of bribery in violation of section 838.016 . . . Section 838.016(1) only required the jury, in finding that Massey committed act 5, to conclude that Massey . . . Section 838.016(1) provides: It is unlawful for any person corruptly to give, offer, or promise to any . . . Fla.Stat.Ann. § 838.016(1) (West 1994). . . .

WERNER a k a v. HICKEY,, 920 F. Supp. 1257 (M.D. Fla. 1996)

. . . against the petitioner are punishable under Florida Statute § 838.015 (bribery) and Florida Statute § 838.016 . . .

M. SEROPIAN, M. D. v. C. FORMAN,, 652 So. 2d 490 (Fla. Dist. Ct. App. 1995)

. . . In fact, plaintiff persuaded the trial judge to read section 838.016, Florida Statutes (1991), to the . . . Section 838.016, Florida Statutes (1993), states in pertinent part as follows: “(1) It is unlawful for . . .

UNITED STATES v. SHENBERG,, 828 F. Supp. 968 (S.D. Fla. 1993)

. . . Moreover, the Eleventh Circuit has already stated that “FSA § 838.016 has been interpreted as being substantially . . .

STATE v. M. GERREN,, 604 So. 2d 515 (Fla. Dist. Ct. App. 1992)

. . . preclude a public servant from accepting rewards for services performed in apprehending any criminal. § 838.016 . . . Milbrath, 527 So.2d 864, 865 (Fla. 5th DCA 1988), the court interpreted section 838.016(2), Florida Statutes . . . soliciting unlawful compensation for official behavior, a third degree felony proscribed by section 838.016 . . . on Shields for the proposition that the elements required to establish a violation of both section 838.016 . . . Court decision in McCormick and determined that an explicit quid pro quo is required under section 838.016 . . .

UNITED STATES v. KOTVAS, Jr. H. a k a,, 941 F.2d 1141 (11th Cir. 1991)

. . . . § 838.016 (1979), are not predicate acts under the RICO definition of acts involving bribery. . . .

M. MERCKLE, v. STATE, 541 So. 2d 1312 (Fla. Dist. Ct. App. 1989)

. . . . § 838.016(2), Fla.Stat. . § 839.11, Fla.Stat. (1981). . A common law crime. . . .

McFADDEN, v. STATE, 540 So. 2d 844 (Fla. Dist. Ct. App. 1989)

. . . Appellant, Franklin Lee McFadden, was charged with violating section 838.016(2), Florida Statutes (1981 . . .

STATE v. L. MILBRATH,, 527 So. 2d 864 (Fla. Dist. Ct. App. 1988)

. . . The appellee, Milbrath, was charged with violating section 838.016(2), Florida Statutes (1985) (unlawful . . . It appears to us that the evil sought to be punished by section 838.016(2) is an official’s request for . . .

M. MERCKLE, v. STATE, 529 So. 2d 269 (Fla. 1988)

. . . Merckle of four offenses: bribery, § 838.015(1), Fla.Stat. (1981); receiving unlawful compensation, § 838.016 . . .

STATE v. P. HOPE,, 529 So. 2d 275 (Fla. 1988)

. . . ), Florida Statutes (1981)) and of giving, offering, or promising unlawful compensation (subsection 838.016 . . .

UNITED STATES v. ITALIANO,, 837 F.2d 1480 (11th Cir. 1988)

. . . At all times material herein, Florida Statute § 838.016 provided: (1) It is unlawful for any person corruptly . . .

UNITED STATES v. O KEEFE, Jr. UNITED STATES v. MONTGOMERY, T. O, 825 F.2d 314 (11th Cir. 1987)

. . . That statute, FSA § 838.016, has been interpreted as being substantially identical to Hobbs Act extortion . . .

M. MERCKLE, v. STATE, 512 So. 2d 948 (Fla. Dist. Ct. App. 1987)

. . . section 838.015(1), Florida Statutes (1981), receiving unlawful compensation in violation of section 838.016 . . .

P. HOPE, v. STATE, 508 So. 2d 425 (Fla. Dist. Ct. App. 1987)

. . . Florida Statutes (1981), and giving, offering or promising unlawful compensation, a violation of section 838.016 . . .

L. GARRETT, v. STATE, 508 So. 2d 427 (Fla. Dist. Ct. App. 1987)

. . . section 838.015(1), Florida Statutes (1981), and receiving unlawful compensation, a violation of section 838.016 . . . Section 838.016(2), Florida Statutes (1981). . . .

BOTT, v. STATE, 492 So. 2d 722 (Fla. Dist. Ct. App. 1986)

. . . Sections 838.015 and 838.016, Florida Statutes (1983), the specific statutes under which appellant was . . .

AVERILL, Jr. v. STATE, 463 So. 2d 272 (Fla. Dist. Ct. App. 1984)

. . . , present or future exertion of influence upon other public servants which is prohibited by section 838.016 . . .

H. JAMASON, v. PALM BEACH NEWSPAPERS, INC., 450 So. 2d 1130 (Fla. Dist. Ct. App. 1984)

. . . See section 838.016, Florida Statutes (1983). . See section 775.082(3)(d). . . .

TRIBUNE COMPANY v. L. GREEN, Jr. E., 440 So. 2d 484 (Fla. Dist. Ct. App. 1983)

. . . Count 5 charged that Judge Leon violated section 838.016(2), Florida Statutes, by accepting gambling . . .

LEWIS, v. EVANS a, 406 So. 2d 489 (Fla. Dist. Ct. App. 1981)

. . . . § 838.016, Fla.Stat. . . .

W. SHIELDS, v. G. SMITH, A. J. III,, 404 So. 2d 1106 (Fla. Dist. Ct. App. 1981)

. . . office as executive director of DNR, which assuredly is a public office addressed by Florida Statute 838.016 . . .

HOBERMAN, v. STATE, 400 So. 2d 758 (Fla. 1981)

. . . convicted of bribery and unlawful compensation for official behavior pursuant to sections 838.015(1) and 838.016 . . . Appellant’s vagueness challenge fails because sections 838.015(1) and 838.016(1) convey a sufficiently . . .

W. TRESVANT, Sr. v. STATE, 396 So. 2d 733 (Fla. Dist. Ct. App. 1981)

. . . Violations of §§ 838.015, 838.016 and 777.-04(3), Fla.Stat. (1975), respectively. . . . .

SCULLOCK, v. STATE, 377 So. 2d 682 (Fla. 1979)

. . . criminal offense to “offer to commit” prostitution, section 796.07(3)(a); to “offer” a bribe, section 838.016 . . .

STATE v. GIARDINO,, 363 So. 2d 201 (Fla. Dist. Ct. App. 1978)

. . . 838.015, Florida Statutes, or UNLAWFUL COMPENSATION FOR OFFICIAL BEHAVIOR, in violation of Section 838.016 . . . Fla.Stat. § 838.015 (1977)], or (b) the unlawful compensation for official behavior statute [Fla.Stat. § 838.016 . . .

C. WATKINS, v. STATE, 363 So. 2d 575 (Fla. Dist. Ct. App. 1978)

. . . Stat. (1977)], and (2) receiving unlawful compensation [§ 838.016, Fla.Stat. (1977)] before the Circuit . . .

STATE v. N. SUNE, 360 So. 2d 1128 (Fla. Dist. Ct. App. 1978)

. . . of bribery under Section 838.015, Florida Statutes (1977), and unlawful compensation under Section 838.016 . . .

STATE v. W. TRESVANT, Sr., 359 So. 2d 524 (Fla. Dist. Ct. App. 1978)

. . . unauthorized compensation for official behavior, in violation respectively of Sections 777.04(3); 838.015, and 838.016 . . .

TROIANO, v. STATE, 347 So. 2d 657 (Fla. Dist. Ct. App. 1977)

. . . The offense of accepting unauthorized compensation contrary to Section 838.016, Florida Statutes (1975 . . .

H. WILLIAMS, v. T. CHRISTIAN,, 335 So. 2d 358 (Fla. Dist. Ct. App. 1976)

. . . Now Section 838.016, Florida Statutes (1975). . . . .