The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE

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F.S. 838.022

838.022 Official misconduct.—

(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:

(a) Falsifying, or causing another person to falsify, any official record or official document;

(b) Concealing, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act; or

(c) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor.

(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.

(b) An official record or official document includes only 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.

History.—s. 5, ch. 2003-158; s. 4, ch. 2016-151.

F.S. 838.022 on Google Scholar

F.S. 838.022 on Casetext

Amendments to 838.022

Arrestable Offenses / Crimes under Fla. Stat. 838.022

Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.022 1a - FRAUD-FALSE STATEMENT - PUBLIC SERVANT FALSIFY OFFICIAL DOCUMENT - F: T

S838.022 1b - FRAUD - PUB SERVANT CONCEAL DESTROY ALTER OFF DOC - F: T

S838.022 1c - OBSTRUCTING JUSTICE - PUB SERV CONTRAC OBST FEL INFO INV GOV - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

PAEZ, v. MULVEY, E., 915 F.3d 1276 (11th Cir. 2019)

. . . Statute § 817.034(4)(a)(3), eleven counts of Official Misconduct in violation of Florida Statute § 838.022 . . . Florida Statute § 817.034(4)(a)(3), two counts of Official Misconduct in violation of Florida Statute § 838.022 . . .

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

. . . and amended in 2005 [911 So. 2d 766]4 asd-2013 1131 So. 3d 7201, and 2017. 19.7 OFFICIAL MISCONDUCT § 838.022 . . . arbitrator, umpire, referee. consultant, or hearing officer while performing a governmental function. $ 838.022 . . . arbitrator-,-umpire, referee; consultant, or hearing officer while performing a governmental function. ⅛⅛| 838.022 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 123 So. 3d 54 (Fla. 2013)

. . . with minor modification to the Comment section to the instruction, to in-elude a citation to section 838.022 . . . APPENDIX 19.7 OFFICIAL MISCONDUCT § 838.022, Fla. Stat. . . . Stat. § 838.022(2)(b). “Official Record” or “Official Document” includes only public records. Fla. . . . to officially assume the responsibilities of public office does not qualify as a public servant. § 838.022 . . .

L. McCRAY, v. STATE, 121 So. 3d 603 (Fla. Dist. Ct. App. 2013)

. . . 817.034(4)(a)(3), Florida Statutes (2006), and nine counts of official misconduct in violation of section 838.022 . . .

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

. . . . § 838.022, Fla. Stat. (2010). . . .

GONOT, v. STATE, 112 So. 3d 679 (Fla. Dist. Ct. App. 2013)

. . . Section 838.022(l)(a), Florida Statutes (2007), makes it “unlawful for a public servant, with corrupt . . . On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including . . .

STATE v. DOMINGUEZ,, 27 So. 3d 782 (Fla. Dist. Ct. App. 2010)

. . . The initial information charged one count of official misconduct under section 838.022, and eight counts . . .

WASSERSTROM, v. STATE, 21 So. 3d 55 (Fla. Dist. Ct. App. 2009)

. . . Wasserstrom was convicted of official misconduct in violation of section 838.022(l)(a), Florida Statutes . . .

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

. . . Chapter 838 felony under both section 838.016, unlawful compensation for official behavior, and section 838.022 . . .

HAMES, v. CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS TRUST,, 980 So. 2d 1112 (Fla. Dist. Ct. App. 2008)

. . . constituting the federal felonies to which Hames pled guilty were punishable in Florida under section 838.022 . . . Because section 838.022 was not enacted until 2003, it cannot be retroactively applied to Hames’ federal . . .

SHARP, IV, v. CITY OF PALATKA,, 529 F. Supp. 2d 1342 (M.D. Fla. 2007)

. . . actions of Plaintiff Sharp would constitute official misconduct in violation of Florida Statutes § 838.022 . . . Stat. § 838.022 (2003) states in relevant part: "It is unlawful for a public servant, with corrupt intent . . . Stat. § 838.022(l)(a). . . . .

GARCIA, v. STATE, 939 So. 2d 1082 (Fla. Dist. Ct. App. 2006)

. . . Effective October 1, 2003, the statute was rewritten as section 838.022, Florida Statutes, and section . . .

E. CLEMENT, v. STATE, 895 So. 2d 446 (Fla. Dist. Ct. App. 2005)

. . . Renumbered as section 838.022, the new statute expressly excludes a candidate who does not otherwise . . . Chapter 2003-158, section 5, Laws of Fla., repealed section 839.25 and added section 838.022, effective . . .