Arrestable Offenses / Crimes under Fla. Stat. 838.022
S838.022 1a - FRAUD-FALSE STATEMENT - PUBLIC SERVANT FALSIFY OFFICIAL DOCUMENT - F: T
CopyCited 187 times | Published | Court of Appeals for the Eleventh Circuit
...he Department. The affidavit said there
was probable cause to charge Peters with one count of an Organized Scheme to
Defraud in violation of Florida Statute §
817.034(4)(a)(3), eleven counts of
Official Misconduct in violation of Florida Statute §
838.022, one count of Grand
Theft in violation of Florida Statute §
812.014, and one count of False and
Fraudulent Insurance Claims in violation of Florida Statute §
817.234....
...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).
B.
After the criminal charges against them were dropped by the State Attorney,
Paez, Peters, and Dia...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2008 WL 583672
...§§ 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 *1117 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....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 12687, 2008 WL 3914892
...fits under section
112.3173(2)(e)(4) because the acts underlying the federal crime of which Simcox was convicted would support a Florida conviction for a Chapter 838 felony under both section
838.016, unlawful compensation for official behavior, and section
838.022, official misconduct....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 1636, 2010 WL 532870
...Although he had notified the county of his position that the county's requirement was improper, he did not advise the county that he was submitting reimbursement requests as if the requirement did not exist. The initial information charged one count of official misconduct under section
838.022, and eight counts of grand theft under section
812.014, Florida Statutes (2007)....
CopyCited 2 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 93624, 2007 WL 4557225
...hat false information to justify listing Lynn Hoffman as a criminal suspect in the case. ( See Charging Affidavit, Doc. # 66-2 at 4). [5] If proven, the actions of Plaintiff Sharp would constitute official misconduct in violation of Florida Statutes § 838.022(1)(a)....
...# 66-2 is the affidavit of Gail Willis, Criminal Division Supervisor, Putnam Count Clerk's Office in the Seventh Judicial Circuit. The charging affidavit and the entire contents of the file in criminal case number 04-1375-CF-53 are attached thereto. [6] 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)....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 680, 2013 WL 5381712, 2013 Fla. LEXIS 2067
...Having considered the Committee’s report and the comments received by the Committee, we authorize the new instructions for publication and use as follows: instruction 19.7 (Official Misconduct) is authorized with minor modification to the Comment section to the instruction, to in- *55 elude a citation to section 838.022(2)(a), Florida Statutes, for the proposition that the term “public servant” does not include a candidate who does not otherwise qualify as a public servant, while instruction 26.9 (Money Laundering) is authorized as proposed....
...s or applicability. The instructions as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, concur. APPENDIX 19.7 OFFICIAL MISCONDUCT § 838.022, Fla....
...Any legislative or judicial officer or employee; 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)....
...of one year. Lesser Included Offenses [[Image here]] Comment Committee Note: A candidate for public office or a person who has been elected but has yet to officially assume the responsibilities of public office does not qualify as a public servant. § 838.022(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14517, 2009 WL 3103855
...In a case where the State presents both direct and circumstantial evidence, however, the court does not apply the "special standard of review applicable to circumstantial evidence cases." Mosley, ___ So.3d at ___ (citing Pagan,
830 So.2d at 803). Wasserstrom was convicted of official misconduct in violation of section
838.022(1)(a), Florida Statutes (2004), which 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...
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1810623, 2013 Fla. App. LEXIS 6926
GROSS, J. We affirm appellant’s convictions for grand theft, official misconduct, and falsifying records and write to address his contention that he was entitled to a judgment of acquittal on the count of official misconduct. Section 838.022(l)(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 ......
...[fjalsify, 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 Deer-field Beach. On appeal, appellant focuses on section 838.022(2)(a), which defines “public servant” as not “including] 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 “me...
CopyPublished | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 11602, 2013 WL 3811759
...r to cause harm to another, to: [[Image here]] (c) Obstruct, delay, or prevent the communication of information relating to the commission of a felony that directly involves or affects the public agency or public entity served by the public servant. § 838.022, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...he Department. The affidavit said there
was probable cause to charge Peters with one count of an Organized Scheme to
Defraud in violation of Florida Statute §
817.034(4)(a)(3), eleven counts of
Official Misconduct in violation of Florida Statute §
838.022, one count of Grand
Theft in violation of Florida Statute §
812.014, and one count of False and
Fraudulent Insurance Claims in violation of Florida Statute §
817.234....
...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).
B.
After the criminal charges against them were dropped by the State Attorney,
Paez, Peters, and Dia...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 860, 2005 WL 231207
...pplication of the official misconduct statute to a public servant. See Estate of Youngblood v. Halifax Convalescent Ctr., Ltd.,
874 So.2d 596 , 605 n. 13 (Fla. 5th DCA 2004) (citing Finley v. Scott,
707 So.2d 1112, 1116-17 (Fla.1998)). Renumbered as section
838.022, the new statute expressly excludes a candidate who does not otherwise qualify as a public servant from the definition of “public servant” in the official misconduct statute. Accordingly we reverse Clement’s conviction for official misconduct. FULMER and VILLANTI, JJ., concur. . Chapter 2003-158, section 5, Laws of Fla., repealed section 839.25 and added section
838.022, effective October 1, 2003.
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 13260, 2006 WL 2270347
...everse the conviction and remand to the trial court to enter a judgment of acquittal on that count. Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith. Effective October 1, 2003, the statute was rewritten as section 838.022, Florida Statutes, and section 839.25, Florida Statutes, was repealed....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4007202, 2013 Fla. App. LEXIS 12335
...Darrin McCray (“McCray”), a former Lieutenant with the Palm Beach County Sheriffs Office (“the Sheriff’), appeals his convictions for organized scheme to defraud in violation of section
817.034(4)(a)(3), Florida Statutes (2006), and nine counts of official misconduct in violation of section
838.022, Florida Statutes (2006)....
CopyPublished | Florida 3rd District Court of Appeal
...Sepler (Hollywood), for
appellant.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya,
Assistant Attorney General, for appellee.
Before FERNANDEZ, C.J., and SCALES and BOKOR, JJ.
PER CURIAM.
This court has not evaluated the “benefit” element in the current
version of section 838.022, Florida Statutes, though we have previously
upheld convictions under section 839.25, Florida Statutes, the predecessor
statute to section 838.022, where the offending officer falsified official reports
to avoid punishment for failure to follow office procedures....
CopyPublished | Supreme Court of Florida
...Therefore, if the evidence presents
a factual issue on this point, an appropriate instruction should be given.
This instruction was adopted in 1981 and amended in 2005 [
911 So. 2d 766],
and 2013 [
131 So. 3d 720], and 2017.
19.7 OFFICIAL MISCONDUCT
§
838.022, Fla....
...Stat.
“Public servant” also includes 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.
§ 838.022(2)(a), Fla....
...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.
“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....
...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 the responsibilities of public office does not
qualify as a public servant. §
838.022(2)(a), Fla....
