Amendments to 838.022

1. Paez v. Mulvey

   915 F.3d 1276 (11th Cir. 2019)   Cited 115 times   1 Legal Analyses

   • Motion to dismiss
   4 more...

   Finally, the Diaz affidavit, also signed by Loyal and Mulvey, identified 344 hours of unrecorded off-duty work, which would have required the payment of $1,720 in administrative fees to the Town. The affidavit also identified five dates on which Diaz worked off-duty for private employers during hours he was listed as having worked for the GBPD, resulting in $312.00 of apparent "double compensation" from the Department. The affidavit claimed that there was probable cause to charge Diaz with one count of an Organized Scheme to Defraud in violation of Florida Statute § 817.034(4)(a)(3), two counts of Official Misconduct in violation of Florida Statute § 838.022, and one count of Grand Theft in violation of Florida Statute § 812.014(2)(c).

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2. Wilson v. Harrell

   521 F. Supp. 3d 1165 (N.D. Fla. 2021)

   • Motion to dismiss

   Fla. Stat. § 838.022(1). Any individual who violates this statute "commits a felony of the third degree." Fla. Stat. § 838.022(3).

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3. In re Standard Jury Instructions in Criminal Cases—report No. 2012–06

   123 So. 3d 54 (Fla. 2013)

   Fla. Stat. § 838.022(2)(b).

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4. Standard Jury Instructions in Criminal Cases

   214 So. 3d 1290 (Fla. 2017)

   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. Fla. Stat. § 838.022( 2)(b), Fla. Stat. "Official Record" or "Official Document" includes only public records. Fla. Stat. § 119.011(12), Fla. Stat. "Public Records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Give if applicable. Fla. Stat. § 775.08(1), Fla. Stat. "Felony" means any criminal offense punishable by death or imprisonment in excess of one year. The Court instructs you that the crime of (insert name of felony) is a felony. Lesser Included Offenses OFFICIAL MISCONDUCT — 838.022 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Attempt 777.04(1) 5.1 Comment Committee Note: A candidate for public office or a person who has been elected but has yet to officially assume…

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5. Schaeffer v. Bevil

   8:21-cv-2636-KKM-TGW (M.D. Fla. Dec. 8, 2021)   Cited 1 times

   • Motion to dismiss

   The Court also notes that listing criminal penal statutes in a civil complaint, as Schaeffer did here, is not sufficient to state a cause of action. (Doc. 1-1 at 10 (alleging Judge Williams violated three Florida criminal statutes: (1) § 777.04(3), Fla. Stat.; (2) § 838.022, Fla. Stat.; and (3) § 112.3173, Fla. Stat.).) None of the penal statutes Schaeffer identifies create an implied cause of action. See Ragan v. Merch. Transfer Sc Warehouse Co., 337 U.S. 530, 533 (1949). And Florida courts will find an implied private cause of action only where there is clear legislative intent based on the statute's text. See Aramark Unif. Sc Career Apparel, Inc. v. Easton, 894 So.2d 20, 23 (Fla. 2005); see also Wilson v. Harrell, 521 F.Supp.3d 1165, 1172 (N.D. Fla. 2021) (holding that there "is simply no reason to believe that" Section 838.022, Florida Statutes, "created a private cause of action"). The Court doubts that any of the criminal statutes listed in the Complaint create an implied private cause of action, and Schaeffer should be mindful of pleading a cognizable claim if he elects to proceed. III. CONCLUSION

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6. Gonot v. State

   112 So. 3d 679 (Fla. Dist. Ct. App. 2013)

   Section 838.022(1)(a), Florida Statutes (2007), makes it “unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to ... [f]alsify, or cause another person to falsify, any official record or official document.” In this case, the basis for the official misconduct charge was that appellant falsified a campaign report as part of his campaign for mayor of Deerfield Beach. On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “includ[ing] a candidate who does not otherwise qualify as a public servant,” for the argument that “he was not a public servant at the time of the alleged offense” but was “merely a candidate for public office.”

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7. Clement v. State

   895 So. 2d 446 (Fla. Dist. Ct. App. 2005)   Cited 2 times

   Chapter 2003-158, section 5, Laws of Fla., repealed section 839.25 and added section 838.022, effective October 1, 2003.

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8. Hames v. Miami

   980 So. 2d 1112 (Fla. Dist. Ct. App. 2008)   Cited 8 times

   1 more...

   Hames argues that the acts constituting his federal convictions under 18 U.S.C. §§ 242, 1512(b)(3) (2000), were not punishable as felonies in Florida, and therefore, he did not commit a "specified offense," nor forfeit his right to public benefits. In response, the Trust argues that the acts constituting the federal felonies to which Hames pled guilty were punishable in Florida under section 838.022, Florida Statutes (2003), which describes the felony of official misconduct. We are not persuaded by the arguments of either Hames or the Trust. Hames entered his guilty plea in September 2001. Because section 838.022 was not enacted until 2003, it cannot be retroactively applied to Hames' federal convictions. However, when Hames entered his guilty plea, section 839.25, Florida Statutes (2001), was in existence and Hames' conduct constituted official misconduct under that section. Section 839.25, Florida Statutes (2001) provides in relevant part:

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9. Sharp v. City of Palatka

   529 F. Supp. 2d 1342 (M.D. Fla. 2007)   Cited 3 times

   • Motion for summary judgment

   Fla. Stat. § 838.022 (2003) states in relevant part: "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to [f]alsify, or cause another person to falsify, any official record or official document. . . ." Fla. Stat. § 838.022(1)(a).

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10. Ridore v. Sch. Bd. of Miami-Dade Cnty.

    1:21-cv-22578-JEM/Becerra (S.D. Fla. Aug. 4, 2022)

    • Motion to dismiss
    2 more...

    Along with the Complaint, Plaintiff submitted a plea agreement associated with case number F15-20650 pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Id. at 6. The plea agreement provides that Plaintiff would plead guilty to one count of unlawful compensation in violation of Florida Statute 836.016, one count of official misconduct in violation of Florida Statute 838.022, and one count of grand theft in violation of Florida Statute 812.014. See id. As a condition of the plea, Defendant would have been required to “waive and relinquish any entitlement or claim to accumulated sick pay in the amount of $59,380.75 and vacation pay in the amount of $22,543.59.” Id. at 8. It appears, however, that the plea agreement was never executed. Id. at 2 (“The School Board and the State Attorney Office admitted holding the Plaintiff['s] sick and vacation pay in the proposed plea agreement which was rejected.”). Thus, Plaintiff proceeded to trial and was ultimately convicted on all counts. See Verdict, Florida v. Ridore, No. F15-20650 (Fla. 11th Cir. Ct. Sep. 28, 2018), ECF No. [280].

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