CopyCited 18 times | Published | Supreme Court of Florida | 2005 WL 2095664
...*769 [in violation of a public duty of (person bribed)].]. [in performance of a public duty of (person bribed)].]. b. [(person bribed) represented as being [within [his][her] official discretion].]. [in violation of [his][her] public duty].]. [in performance of [his][her] public duty].]. Definition § 838.014(6), Fla....
...ly brought before [him][her], or that [he][she] was qualified to act in the desired way, or that [he][she] had jurisdiction over the matter, or that [his][her] official action was necessary to achieve the purpose of the defendant. Give if applicable § 838.014(4), Fla....
...[in violation of a public duty of (defendant)].]. [in performance of a public duty of (defendant)].]. b. [(defendant) represented as being [within [his][her] official discretion].]. *770 [in violation [his][her] public duty].]. [in performance of [his][her] public duty].]. Definition § 838.014(6), Fla....
...ore [him][her], or that [he][she] was qualified to act in the desired way, or that [he][she] had jurisdiction over the matter, or that [his][her] official action was necessary to achieve the purpose of the person making the bribe. Give if applicable § 838.014(4), Fla....
...[in violation of a public duty of (person bribed)].]. [in performance of a public duty of (person bribed)].]. b. [(person bribed) represented as being [within [his][her] official discretion].]. [in violation of [his][her] public duty].]. [in performance of [his][her] public duty].] *771 Definition § 838.014(6) Fla....
...e of a public duty for which the bribe was [given] [offered] [promised] was accomplished or was within the official discretion or public duty of the public servant whose action or omission was sought to be rewarded or compensated. Give if applicable § 838.014(4), Fla....
...[in violation of a public duty of (defendant)].]. [in performance of a public duty of (defendant)].]. b. [(defendant) represented as being [within [his][her] official discretion].]. [in violation of [his][her] public duty].]. *772 [in performance of [his][her] public duty].]. Definition § 838.014(6), Fla....
...In order for the defendant to be guilty, it is not necessary that the exercise of official discretion or violation of a public duty or performance of a public duty for which the bribe was requested or solicited was accomplished or was within the official discretion or public duty of the defendant. Give if applicable § 838.014(4), Fla....
...[was represented to (defendant) as being [within the official discretion of (person sought to be influenced)].]. [in violation of the public duty of (person sought to be influenced)].]. *773 [in performance of the public duty of (person sought to be influenced)].]. Definition § 838.014(6), Fla....
...In order for the defendant to be guilty, it is not necessary that the exercise of influence for which the bribe was [given] [offered] [promised] was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated. Give if applicable § 838.014(4), Fla....
...[was represented to (person making bribe) as being [within the official discretion of (person sought to be influenced)].]. [in violation of the public duty of (person sought to be influenced)].]. [in performance of the public duty of (person sought to be influenced)].]. *774 Definition § 838.014(6), Fla....
...In order for the defendant to be guilty, it is not necessary that the exercise of influence for which the bribe was [given] [offered] [promised] was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated. Give if applicable § 838.014(4), Fla....
CopyCited 17 times | Published | Supreme Court of Florida
...We find it susceptible to arbitrary application because of its "catch-all" nature. Affirmed. ADKINS, HATCHETT and KARL, JJ., concur. OVERTON, C.J., and ENGLAND, J., dissent. NOTES [1] Fourteenth Amendment to the U.S. Constitution. [2] Art. I, § 9, Fla. Const. [3] § 838.014(4), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Cerilli,
603 F.2d 415, 420 (3d Cir.1979), cert. den.,
444 U.S. 1043,
100 S.Ct. 728,
62 L.Ed.2d 728 (1980), it is not necessary under the Florida statute, either, that the benefit flow into the public servant's hands. The definition of "benefit" in Section
838.014(1), Fla....
...Stat., includes "the doing of an act beneficial to any person in whose welfare he [the public servant] is interested." Fourthly, the Florida statute's requirement for a "corrupt" request or solicitation was satisfied by Shields' federal conviction. "Corruptly" is defined by Section 838.014(6) to mean in part "with a wrongful intent." The "wrongfulness" element of the federal crime is implicitly included in the concept of "under color of official right" when accompanied by charges of knowing and willing conduct....
CopyCited 6 times | Published | Supreme Court of Florida | 2005 WL 1577998
...inition, courts can resort to definitions of the same term found in case law." Rollins v. Pizzarelli,
761 So.2d 294, 298 (Fla.2000) (quoting Green v. State,
604 So.2d 471, 473 (Fla.1992)); see also Level 3 Communications, LLC,
841 So.2d at 452 n. 4. Section
838.014(1), Florida Statutes (2003), the unlawful compensation statute, defines "benefit" as "gain or advantage, or anything regarded by the person to be benefited as a gain or advantage." Black's Law Dictionary defines "benefit" as an advantage or privilege....
CopyCited 5 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840
...Section
838.021 gives adequate notice to ordinary citizens concerning the statute's proscribed conduct. Therefore, the statute is not unconstitutionally vague. Overbreadth Petitioner argues that the term "harm" as used in §
838.021 and as defined in §
838.014 is subject to many interpretations and therefore is overbroad....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...te to prove that the exercise of influence for which the bribe was [given] [offered] [promised] was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated. Give if applicable. § 838.014(d), Fla.Stat....
...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. § 838.014(64), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2410
...We disagree. Short's first attack on the vagueness of the statute rests on its failure to define the term "public servant." While public servant is not defined in chapter 839, Florida Statutes (1983), it is defined in chapter 838, Florida Statutes (1983). See § 838.014(4), Fla....
...However, this section was transferred from chapter 838 to chapter 839 by the reviser in the course of statutory revision in 1975. Hence, when section 838.031 was enacted, the legislature intended that the definition of public servant specifically provided in chapter 838.014(4) would apply to that section....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1992 WL 153977
..., *517 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. §
838.016(1), Fla. Stat. (1989). In section
838.014(6), Florida Statutes (1989), the legislature defines the term "corruptly" as follows: "Corruptly" means done with a wrongful intent and for the purpose of obtaining or compensating or receiving compensation for any benefit resulting f...
CopyCited 2 times | Published | Supreme Court of Florida | 2004 WL 856754
...elieves 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. §
838.016(1), Fla. Stat. (1999) (emphasis added). Section
838.014, Florida Statutes (1999), defines the terms "benefit" and "corruptly": (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....
...with a wrongful intent and for the purpose of obtaining or compensating or receiving compensation for any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties." § 838.014(6), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
...[obstructed] [delayed] [prevented] the communication of information relating to the commission of a felony that directly involved or affected the public [agency] [entity] served by (defendant). 3.(Defendant) did so with corrupt intent to [obtain a benefit for a person] [cause harm to another]. Definitions. Fla. Stat. § 838.014 .(1)....
...aw. Fla. Stat. § 838 .0U(ti. *56 “With corrupt intent” means acting knowingly and dishonestly for a wrongful purpose. Fla. Stat. § 838 .0U(5). “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. Fla. Stat. § 838.014 (6)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15026, 2010 WL 3893854
...the police station that they should not report him to immigration authorities "or else," the statement does not contain a threat of "harm," which is defined in the statute as "pecuniary or other loss, disadvantage, or injury to the person affected." § 838.014(5), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1284, 1987 Fla. App. LEXIS 8330
...This same policy is not applicable to the offense of official misconduct. Section 839.25 requires that an offending act be committed with a corrupt intent. By definition, the corruption element seeks to prohibit any act which would be inconsistent with the proper performance of a public duty. See § 838.014, Fla.Stat....
CopyCited 1 times | Published | Supreme Court of Florida
...e brought before [him] [her],
that the public servant possessed jurisdiction over the matter, or that [his]
[her] official action was necessary to achieve the defendant’s purpose.
- 16 -
Definitions. § 838.014, Fla. Stat.
§ 838.014(5), Fla....
...governmental
function;
e. A candidate for election or appointment to any of the positions
listed above or an individual who has been elected to, but has yet
to officially assume the responsibilities of public office.
§ 838.014(7)(a) Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 90849
...AFFIRMED. DELL and SHAHOOD, JJ., concur. NOTES [1] A public agency is the employer of a "public servant," that classification of individual to whose conduct section 839.25(1) applies. The definition of a section 839.25(1) public servant is found at section 838.014(4), Florida Statutes (1995)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51865, 2014 Fla. App. LEXIS 156
...orming a governmental function; or *293 (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. § 838.014(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14517, 2009 WL 3103855
...ce for a jury to convict Wasserstrom of official misconduct, and we affirm. [4] Affirmed. DAMOORGIAN, GERBER and LEVINE, JJ., concur. NOTES [1] "With corrupt intent" is defined by statute as "acting knowingly and dishonestly for a wrongful purpose." § 838.014(4), Fla....
...[2] "Benefit" is defined by statute as "gain or advantage," which includes "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." § 838.014(1), Fla....
CopyPublished | Supreme Court of Florida
...from a condition of physical or mental incapacitation due to a developmental
disability, organic brain damage, or mental illness, or who has one or more
physical or mental limitations that restrict the person’s ability to perform the
normal activities of daily living.
§ 838.014(7), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...on or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
- 27 -
§ 838.014(4), Fla....
CopyPublished | Supreme Court of Florida
...from a condition of physical or mental incapacitation due to a developmental
disability, organic brain damage, or mental illness, or who has one or more
physical or mental limitations that restrict the person’s ability to perform the
normal activities of daily living.
§ 838.014(6), Fla....
...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.
§ 838.014(7), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...n or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
- 21 -
§ 838.014(4), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535
...official” for purposes of section); §
112.3142(1) (defining “constitutional officers”
for purposes of section); §
112.49 (person exercising powers of county officer
under city-county charter is a county officer subject to governor’s suspension
power); §
838.014(6) (defining “public servant” to include state, county,
municipal, special district, legislative, or judicial officer or employee for purposes
of chapter).
- 16 -
sense to include only...
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1810623, 2013 Fla. App. LEXIS 6926
...“otherwise qualified] as a public servant” by virtue of his status as a city commissioner. Chapter 838 defines “public servant” as including “[a]ny officer or employee of a state, county, municipal, or special district agency or entity.” § 838.014(6)(a), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 264, 2002 Fla. LEXIS 437, 2002 WL 432551
...any ... benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act ... which the person believes to have been ... within the official discretion of the public servant....” (Emphasis added.) Section 838.014(6), Florida Statutes (2000), defines "corruptly” within the unlawful compensation statute as an act "done with a wrongful intent.” ....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 19704
performance of the public official’s public duties.1 Section
838.014(1), Florida Statutes (2013), defines “benefit”
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1421, 1988 Fla. App. LEXIS 2537, 1988 WL 61387
...ngful intent and for the purpose of obtaining or compensating or receiving compensation for any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his public duties. [Emphasis added]. § 838.014(6), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 2869, 2016 WL 746257
...s interested.” §
838.021(l)(a), Fla.- Stat. (2011)(emphasis added). The -legislature has* defined “harm” as used in Chapter 838, Florida Statutes (2011), to mean “pecuniary or' other loss, disadvantage, or injury to- the person affected.” §
838.014(5), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 860, 2005 WL 231207
...ndidate for office. The term “public servant” is not defined in chapter 839. In upholding the constitutionality of the official misconduct statute against a vagueness challenge, this court has borrowed the definition of “public servant” from section 838.014(4), Florida Statutes (1983)....
CopyPublished | Florida 3rd District Court of Appeal
...would “sell his vote or twist the City staff’s arm to approve the water pump.” In
other words, there was no evidence from which a reasonable trier of fact could
determine that Bateman represented to CHI that obtaining the permit was within
2In 2013, section 838.014(4) defined “corruptly” or “with corrupt intent” to mean
“acting knowingly and dishonestly for a wrongful purpose.”
6
his power as Mayor to accomplish....
CopyPublished | Supreme Court of Florida
...(Bribery; Misuse of Public Office) of the Florida Statutes. The enactment of
chapter 2016-151, Laws of Florida, among other things, changed the type of
mens rea necessary for a violation of chapter 838 from “corruptly” to “knowingly
and intentionally.” It also amended section 838.014, Florida Statutes (2016), to
include definitions for the phrases “Governmental entity” and “Public contractor.”
Ch....
...(name of public servant) represented as being [within [his]
[her] official discretion] [in violation of [his] [her] public
duty] [in performance of [his] [her] public duty].
5. The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla.Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
The court now instructs you that a (office of person bribed) is a public
servant.
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...consultant, or hearing officer while performing a governmental function or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
not authorized by law” in element #5. Czajkowski v. State,
178 So. 3d 498 (Fla. 4th
DCA 2015). §
838.014(1), Fla....
...efore [him] [her], or
that [he] [she] was qualified to act in the desired way, or that [he] [she] had
jurisdiction over the matter, or that [his] [her] official action was necessary to
achieve the purpose of the defendant.
Give if applicable. § 838.014(4), Fla.Stat.
-7-
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 re...
...[(defendant) represented as being
[within [his] [her] official discretion].]
[in violation of [his] [her] public duty].]
[in performance of [his] [her] public duty].]
The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla.Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
The court now instructs you that a (office of defendant) is a public
servant.
-9-
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...consultant, or hearing officer while performing a governmental function or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
not authorized by law” in element #4. Czajkowski v. State,
178 So. 3d 498 (Fla. 4th
DCA 2015). §
838.014(1), Fla....
...before [him] [her], or that [he] [she] was qualified to act in the desired way, or
that [he] [she] had jurisdiction over the matter, or that [his] [her] official
action was necessary to achieve the purpose of the person making the bribe.
Give if applicable. § 838.014(4), Fla.Stat.
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 resp...
...[in violation of [his] [her] public duty].]
[in performance of [his] [her] public duty].]
- 12 -
5. The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla....
...d) A candidate for election or appointment to any of the
positions listed in (a), (b), or (c), or an individual who has
been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla. Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
§ 838.014(1), Fla....
...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.
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...ion or a
candidate for election or appointment to any of these officer positions; or an
- 13 -
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
which was not authorized by law” in element #5. Czajkowski v. State,
178 So. 3d
498 (Fla. 4th DCA 2015). §
838.014(1), Fla....
...[(defendant) represented as being
[within [his] [her] official discretion].]
[in violation of [his] [her] public duty].]
[in performance of [his] [her] public duty].]
4. The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla....
...positions listed in (a), (b), or (c), or an individual who has
been elected to, but has yet to officially assume the
responsibilities of, public office.
- 16 -
§ 838.014(1), Fla....
...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.
§ 838.014(4), Fla. Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...consultant, or hearing officer while performing a governmental function or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
not authorized by law” in element #4. Czajkowski v. State,
178 So. 3d 498 (Fla. 4th
DCA 2015). §
838.014(1), Fla....
...- 19 -
[in performance of the public duty of (person sought to
be influencedname of public servant)].]
5. The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla....
...d) A candidate for election or appointment to any of the
positions listed in (a), (b), or (c), or an individual who has
been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(1), Fla....
...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.
§ 838.014(4), Fla. Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
- 20 -
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...consultant, or hearing officer while performing a governmental function or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
which was not authorized by law” in element #5. Czajkowski v. State,
178 So. 3d
498 (Fla. 4th DCA 2015). §
838.014(1), Fla....
...influencedname of public servant)].]
[in performance of the public duty of (person sought to
be influencedname of public servant)].]
4.____The pecuniary or other benefit was not authorized by law.
Definitions.
§ 838.014(6), Fla....
...d) A candidate for election or appointment to any of the
positions listed in (a), (b), or (c), or an individual who has
been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(1), Fla....
...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.
§ 838.014(4), Fla. Stat.
“Corruptly” means acting knowingly and dishonestly for a wrongful
purpose.
§ 838.014(7)(a), Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
Give if applicable. § 838.014(7)(b) and (7)(c), Fla....
...consultant, or hearing officer while performing a governmental function or a
candidate for election or appointment to any of these officer positions; or an
individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
§ 838.014(4), Fla....
...municipality, or special district or any other public entity created or
authorized by law.
Give the following three paragraphs to explain “a pecuniary or other benefit
which was not authorized by law” in element #5. Czajkowski v. State,
178 So. 3d
498 (Fla. 4th DCA 2015). §
838.014(1), Fla....
...gency] [government entity] served
by (defendant).
3. (Defendant) did so with corrupt intent to [obtain a benefit for a
person] [cause harm to another].
Definitions. Give as applicable.
Fla. Stat. § 838.014(1), Fla....
...ial interest, or any other thing
of economic value not authorized by law.
Give the following three paragraphs to explain “not authorized by law” in
the definition of “benefit.” Czajkowski v. State,
178 So. 3d 498 (Fla. 4th DCA
2015). §
838.014(1), Fla....
...rney knows, or, with the exercise of
reasonable care, should know, that it was given to influence a vote or other
action in which the officer, employee, or local government attorney was
expected to participate in his or her official capacity.
§ 838.014(7)(a) Fla. Stat.
“Public servant” means any officer or employee of a governmental
entity, including any executive, legislative, or judicial branch officer or
employee.
- 27 -
§ 838.014(7)(b), Fla....
...itrator, umpire, referee,
consultant, or hearing officer while performing a governmental function.
§
838.022(2)(a), Fla. Stat.
“Public servant” does not include a candidate who does not otherwise
qualify as a public servant.
§
838.014(6), Fla. Stat.
“Public contractor” means any person, who has entered into a contract
with a governmental entity or any officer or employee of a person, who has
entered into a contract with a governmental entity.
§
838.014(4), Fla....
...definition of “public contractor” include individuals, children, firms,
associations, joint adventures, partnerships, estates, trusts, business trusts,
syndicates, fiduciaries, corporations, and all other groups or combinations.
Fla. Stat. § 838.014(4).
“With corrupt intent” means acting knowingly and dishonestly for a
wrongful purpose.
Fla. Stat. § 838.014(5), Fla. Stat.
“Harm” means pecuniary or other loss, disadvantage, or injury to the
person affected. “Pecuniary” means in the form of money.
Fla. Stat. § 838.014(6).
“Public Servant” means:
a) Any officer or employee of any state, county, municipal or
special district agency or entity;
b) Any legislative or judicial officer or employee;...
