Arrestable Offenses / Crimes under Fla. Stat. 838.015
CopyCited 59 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 22679, 1997 WL 467169
...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. § 838.015(1) (West 1994) (" "Bribery' means
corruptly to give, offer, or promise to any public servant ......
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 2291, 1990 WL 6932
...on Italiano believed to be, and Charles Frank Bean III represented as being, within the official discretion of Charles Frank Bean III and Robert E. Curry relating to Cable Television Franchise Agreement No. 80-563, chargeable under Florida Statutes, Section 838.015 and an act of racketeering involving bribery as defined by Title 18, United States Code, Section 1961 (1)....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 2083, 1988 WL 6559
...no believed to be, and Charles Frank Bean III represented as being, within the official discretion of Charles Frank Bean III and ROBERT E. CURRY relating to Cable Television Franchise Agreement No. 80-563; chargeable under Florida Statutes, Sections 838.015 and an act of racketeering involving bribery as defined by Title 18, United States Code, Section 1961 (1)....
...Included among the Board's described responsibilities was decision-making authority for the award of cable television franchise rights within the County. After briefly identifying the individuals and entities indicted, the indictment quoted certain relevant statutes, one of which was Section 838.015 of the Florida Statutes....
..."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....
...WILLIAMS, also known as BUSTER WILLIAMS, hereinafter sometimes referred to as CULLEN H. "BUSTER" WILLIAMS, was a resident of Hillsborough County, and President of ALAFIA LAND DEVELOPMENT CORPORATION, INC., a Florida Corporation. 130 [2.] At all times material herein, Florida Statute Sec. 838.015 provided: 131 (1) "Bribery" means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecuniary or other benefit with an in...
...on Italiano believed to be, and Charles Frank Bean III represented as being, within the official discretion of Charles Frank Bean III and ROBERT E. CURRY relating to Cable Television Franchise Agreement No. 80-563; chargeable under Florida Statutes, Section 838.015, and an act of racketeering involving bribery as defined by Title 18, United States Code, Section 1961 (1)....
CopyCited 18 times | Published | Supreme Court of Florida | 2005 WL 2095664
...nably be expected to result in physical or mental injury to a child] [active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child]. 19.1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla....
...ng or paying for any benefit resulting from some act or omission of a public servant that is inconsistent with the proper performance of the [his] [her] public duties. The court now instructs you that a (office of person bribed) is a public servant. § 838.015(2), Fla....
...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. 19.2 BRIBERY BY PUBLIC SERVANT § 838.015(1), Fla....
...ompensation for any benefit resulting from some act or omission of a public servant that is inconsistent with the proper performance of the public servant's public duties. The court now instructs you that a (office of defendant) is a public servant. § 838.015(2), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 10 Media L. Rep. (BNA) 1034
...Count 3 charged that Judge Leon violated section 839.25, Florida Statutes, when he caused Judge Merckle to refrain from imposing sentence on Alisa Avery without undue influence and with intent to obtain a financial advantage for himself. Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling chips representing a monetary value, and/or buying a motor vehicle at a price less than actual value, and/or being relieved of financial obligations, with intent or purpose to influence the...
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 21309, 1991 WL 163622
...Appellants contend that Congress intended to incorporate the common law definition of bribery, which includes a corrupt intent or “quid pro quo” requirement, into the definition of racketeering activity. Thus, appellants argue that the Florida statute titled “Bribery,” Fla.Stat. § 838.015, is the appropriate statute for the basis of a predicate act under RICO....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...day of December, 1976, .. . ALBERT W. TRESVANT, SR., CANDIDO GIARDINO and DANTE DINO, JR. did unlawfully agree, combine, conspire or confederate with each other and with other persons to commit one or more felonies, to wit: BRIBERY, in violation of Section
838.015, Florida Statutes, or UNLAWFUL COMPENSATION FOR OFFICIAL BEHAVIOR, in violation of Section
838.016, Florida Statutes, or both, and in furtherance of said conspiracy ALBERT W....
...Tresvant and Dino and "other persons." The indictment fails to identify these "other persons." Second, it is impossible to determine the unlawful object of the charged conspiracy, namely, whether it was to violate (a) the bribery statute [Fla. Stat. § 838.015 (1977)], or (b) the unlawful compensation for official behavior statute [Fla....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 21522
...MARCELINO ECHE-VARRIA and SCAN REALTY SERVICES, INC. believed to be, and Charles Frank Bean III represented as being within the official discretion of Charles Frank Bean III relating to Zoning Application No. 80-45; chargeable under Florida Statute Section 838.015, and an act of racketeering involving bribery as defined by Title 18, United States Code, Section 1961 (1).” After entering a temporary restraining order upon the application of the United States, the district court, after a hearing...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 203
...Harnage, Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee. Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ. HENDRY, Judge. By this appeal, Daniel Bricker challenges his conviction of bribery [§ 838.015, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 381
...1985), the trial court would, beyond a reasonable doubt, impose the same sentence based on the remaining, valid reasons for departure. The district court certified the above-styled question to facilitate review of that decision. Bribery is defined in subsection 838.015(1), Florida Statutes (1985): *271 "Bribery" means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecuniary or...
...ves 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. The legislature has deemed this conduct to constitute a third-degree felony. § 838.015(3), Fla....
...gislator who commits the crime of bribery. In sentencing Merckle for his actions this Court is bound by the laws of Florida as enunciated by the Florida Legislature and interpreted by this Court. The crime of bribery is defined by the legislature in section 838.015(1), Florida Statutes (1985): "Bribery" means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecuniary or other...
...for which Merckle was convicted. Accordingly, I would answer the certified question in the negative and quash the decision of the Second District Court of Appeal. BARKETT, J., concurs. NOTES [1] The jury convicted Merckle of four offenses: bribery, § 838.015(1), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...of Fla.R.Crim.P. 3.250. As such error was properly preserved for appellate review herein, we reverse. The facts pertaining to the above issue are undisputed. The defendant George C. Watkins was charged by information in two counts with: (1) bribery [§ 838.015, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1245
...Frank Ragano of Frank Ragano, P.A., Tampa, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. The grand jury indicted the defendant, Arden M. Merckle, for bribery in violation of section
838.015(1), Florida Statutes (1981), receiving unlawful compensation in violation of section
838.016(2), Florida Statutes (1981), extortion by a state officer in violation of section
839.11, Florida Statutes *949 (1981), and misbehavior in office in violation of section
775.01, Florida Statutes (1981)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...tutes relating to fraudulent practices. Plaintiffs' allegation that Defendants committed the crime of bribery is also fatally flawed. Bribery is committed by corruptly giving, offering, or promising anything of value to influence an official action. § 838.015, Fla....
...e 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." § 838.015(1)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...[22] It is not for us to say whether we agree with Justice Calogero that the majority view represented an impermissible rewriting of the statute contrary to the legislative intent. See State v. Keaton, supra; Brown v. State,
358 So.2d 16 (Fla. 1978). [23] The significantly amended version of this statute is now Section
838.015, Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1243
...Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Appellant, Richard P. Hope, appeals his convictions and sentences imposed after a jury convicted him for the offenses of bribery, a violation of section
838.015(1), Florida Statutes (1981), and giving, offering or promising unlawful compensation, a violation of section
838.016(2), Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1244
...Petersburg, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, William A. Taylor and Gary O. Welch, Asst. Attys. Gen., Tampa, for appellee. PER CURIAM. Defendant Howard L. Garrett was convicted after a jury trial of the offenses of bribery, a violation of section
838.015(1), Florida Statutes (1981), and receiving unlawful compensation, a violation of section
838.016(2), Florida Statutes (1981)....
...any pecuniary or other benefit with an intent or purpose to influence the performance of any act or omission which the person believes to be ... within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty. Section 838.015(1), Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...l capacity." Brunson v. State,
70 Fla. 387,
70 So. 390 (1915); but also see Nell v. State,
277 So.2d 1 (Fla. 1973). Apparently in response to numerous strained judicial attempts to interpret this principle of law, the legislature enacted what is now Section
838.015, Florida Statutes (1977). Subsection (2) of
838.015 provides that prosecution under the bribery statute ......
...even though that public servant was represented to appellee as being involved in another capacity, and even though he could not have accomplished what appellee desired. Appellee having allegedly attempted what was apparently a criminal offense under Section 838.015, we believe interception of the oral communication was authorized....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 7387
...ive 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....
...1100 ,
106 S.Ct. 880 ,
88 L.Ed.2d 917 (1986); United States v. Salinas,
564 F.2d 688, 690 (5th Cir.1977), cert. denied,
435 U.S. 951 ,
98 S.Ct. 1577 ,
55 L.Ed.2d 800 (1978). Thus, the district court’s charge, which included a definition of Fla.Stat. §
838.015, accurately stated the applicable law....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 34847
...We find that Merckle's motion presents a prima facie showing of his entitlement to relief. Accordingly, the order of the trial court is reversed and this case remanded for further proceedings pursuant to rule 3.850. Reversed. SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur. NOTES [1] § 838.015(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 1995 WL 555309
1994), wherein the district court declared section
838.15, Florida Statutes (Supp. 1990), valid. We have
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51865, 2014 Fla. App. LEXIS 156
STEVENSON, J. Marlon Anthony Ellison challenges his conviction for bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008)....
...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....
...act would be a crime if committed at a state correctional facility, then such act is also a crime if committed at a privately-run correctional facility. §
957.09(l)(a), Fla. Stat. Reserving his right to appeal the ruling, the defendant pled guilty. Section
838.015 makes it a second degree felony for a “public servant” to accept pecuniary benefit given for the purpose of influencing such public servant in the performance of his duties. §
838.015(1), (3), Fla....
...Section
957.09 states that “[a]ny offense that if committed at a state correctional facility would be a crime is a crime if committed by or with regard to inmates at private correctional facilities .... ” §
957.09(l)(a), Fla. Stat. As it would be a crime and a violation of section
838.015(1) for a corrections officer at a state prison and employed by the State to agree to smuggle contraband into a prison for a fee, the conduct alleged here, it is also a crime for a corrections officer at a state prison and employed by...
CopyCited 1 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 4693, 1996 WL 172362
...Furthermore, Article 1(a) of the Supplementary Treaty amends Article 2(1) of the Treaty by expanding the definition of extraditable offenses to include offenses which are punishable under State law. The acts charged against the petitioner are punishable under Florida Statute §
838.015 (bribery) and Florida Statute §
838.016 (misuse of public office)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 4996, 1997 WL 240821
...The defendant argues that the evidence was insufficient because the state failed to prove that he committed a criminal act in furtherance of the alleged intent to bribe. This argument must fail, however, because the bribery statute does not require the commission of an act apart from the offer to make a bribe. Section 838.015, Florida Statutes, makes no distinction between a bribe and an offer to make a bribe....
...conviction for bribery. Affirmed. MINER and ALLEN, JJ., concur. . Modern bribery statutes commonly treat attempted bribery the same as bribery. See Charles E. Torera, Wharton's Criminal Law 15th Ed. § 649. (1996). Like many other bribery statutes, section 838.015, Florida Statutes, includes an offer to make a bribe within the definition of bribery.
CopyPublished | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 828, 1988 Fla. App. LEXIS 1186, 1988 WL 25458
...v. State,
472 So.2d 1296, 1299 (Fla. 2d DCA 1985); and upon Appellant’s breach of the public trust while Appellant was a public servant. Breach of public trust is an inherent component of the crime of Bribery by a Public Servant, Florida Statutes, §
838.015(1)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 804, 1988 Fla. App. LEXIS 1233, 1988 WL 26277
...pointing out the need for corrections. Lopez assured Ramirez that he did not want substandard work approved. Indeed, Lopez’s buildings ultimately passed inspection based on their own merits. Lopez was subsequently charged with seven violations of section 838.015(1), Florida Statutes (1985)....
...Lopez’s position, however, is unsupported by the plain language of the Florida bribery statute and by our decision in Saad . Accordingly, the order under review is reversed, and the case is remanded for further proceedings. . The statute reads in relevant part: 838.015 Bribery.— (1) "Bribery” means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecuniary or other benefit with an in...
...se 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. § 838.015(1), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 19704
his conviction of bribery in violation of section
838.015(1), Florida Statutes (2013). Because I believe
CopyPublished | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 11602, 2013 WL 3811759
...t, in violation of a public duty, or in performance of a *573 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. (2010). 2 Section
838.015(1), Florida Statutes (2010), contains the definition for bribery, the second count against Talabisco: “Bribery” means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solic...
...se 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. § 838.015(1), Fla....
...“Not Authorized By Law” Talabisco also argues that the ECO contributions were not benefits which were “not authorized by law” under the anti-corruption statutes. Reviewing the legislative history of these statutes, we are not persuaded by this argument. In 1974, the Florida Legislature enacted section 838.015, which defined the crime of bribery: 4 “Bribery” means corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecu...
...se 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. § 838.015(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1978 Fla. App. LEXIS 16294
...Sune and Robert Delgado, were charged by information with bribery, unlawful compensation and conspiracy, all growing out of a single criminal episode. The trial court sua sponte entered an order requiring the state to elect between the counts of bribery under Section
838.015, Florida Statutes (1977), and unlawful compensation under Section
838.016, Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20569
bribery of a police officer in violation of section
838.015, Florida Statutes (1979). In this appeal Savoie
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1917, 1988 Fla. App. LEXIS 3626, 1988 WL 81847
PER CURIAM. On the authority of State v. Lopez,
522 So.2d 997 (Fla. 3d DCA 1988), which is indistinguishable, the order dismissing charges of bribery is reversed. The bribery statute, section
838.015(1), Florida Statutes (1985), prohibits any payment intended to influence performance of any act by a public servant, even if payment is for doing an act the public servant is legally bound to do....
CopyPublished | Supreme Court of Florida
...is Court authorizing the instruction.
-3-
for Petitioner
-4-
Appendix
19.1 BRIBERY OF A PUBLIC SERVANT
§ 838.015(1), Fla._Stat.
To prove the crime of Bribery of a Public Servant, the State must prove
the following fourfive elements beyond a reasonable doubt:
1....
...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.
Give if applicable. § 838.015(2), Fla. Stat.
In order for the defendant to be guilty of Bribery of a Public Servant, it
is not necessary that (name of public servant) had assumed office.
Give if applicable. § 838.015(2), Fla....
...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....
...NO.
None
Attempt if only “give”
777.04(1) 5.1
is charged
Comment
This instruction was adopted in 1981 and amended in 2005 [
911 So. 2d 766]
and 2017.
19.2 BRIBERY BY A PUBLIC SERVANT
§
838.015(1), Fla....
...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.
Give if applicable. § 838.015(2), Fla. Stat.
In order for the defendant to be guilty of Bribery by a Public Servant, it
is not necessary that [he] [she] had assumed office.
Give if applicable. § 838.015(2), Fla....
