Florida/Georgia Personal Injury & Workers Compensation

officer.”) (emphasis added); Fla. Stat. Ann. § 838.015(1) (West 1994) (“ ‘Bribery’ means corruptly

80-563, chargeable under Florida Statutes, Section 838.015 and an act of racketeering involving bribery

certain *1489relevant statutes, one of which was Section 838.015 of the Florida Statutes. That section proscribes

to a child]. 19.1 BRIBERY OF PUBLIC SERVANT § 838.015(1), Fla. Stat. To prove the crime of Bribery of

Count 4 charged that Judge Leon violated section 838.015(1), Florida Statutes, by accepting gambling

the Florida statute titled “Bribery,” Fla.Stat. § 838.015, is the appropriate statute for the basis of a

felonies, to wit: BRIBERY, in violation of Section 838.015, Florida Statutes, or UNLAWFUL COMPENSATION

No. 80-45; chargeable under Florida Statute Section 838.015, and an act of racketeering involving bribery

Bricker challenges his conviction of bribery [§ 838.015, Fla. Stat. (1981)] and receiving unauthorized

conduct to constitute a third-degree felony. § 838.015(3), Fla. Stat. (1985). Merckle was charged with

information in two counts with: (1) bribery [§ 838.015, Fla. Stat. (1977)], and (2) receiving unlawful

Arden M. Merckle, for bribery in violation of section 838.015(1), Florida Statutes (1981), receiving unlawful

anything of value to influence an official action. § 838.015, Fla. Stat.; 18 U.S.C. § 201.[10] The elements

significantly amended version of this statute is now Section 838.015, Florida Statutes (1979). As to the reasons

of the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and receiving

for the offenses of bribery, a violation of section 838.015(1), Florida Statutes (1981), and giving, offering

of law, the legislature enacted what is now Section 838.015, Florida Statutes (1977). Subsection (2) of

bribery chargeable under state law. See Fla.State. § 838.015. The district court instructed the jury on the

SCHOONOVER and THREADGILL, JJ., concur. NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla

...les, for petitioner. Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, Miami, for respondent. SHAW, Justice. We have for review State v. Roque, 640 So.2d 97 (Fla. 3d DCA 1994), wherein the district court declared section 838.15, Florida Statutes (Supp....

...Smith wherein Smith paid Roque between thirty-three and forty percent of each commission as a "payback" on deals entered into between October 1, 1990, and June 30, 1991. *929 Roque was charged with thirty-five counts of "commercial bribe receiving" in violation of section 838.15. The court granted Roque's motion to dismiss the charges, finding the statute unconstitutionally vague and susceptible to arbitrary application. The district court reversed, declaring the statute constitutional. The State contends that section 838.15 is neither vague nor susceptible to arbitrary application, is expressly limited to commercial transactions, clearly states what act is prohibited, specifically enumerates the business relationships to which it applies, and contains an adequate standard of guilt. We disagree. Section 838.15 bans commercial bribe receiving and provides in full: 838.15 Commercial bribe receiving....

...he direction of the affairs of an organization; or (e) An arbitrator or other purportedly disinterested adjudicator or referee. (2) Commercial bribe receiving is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 838.15, Fla. Stat. (Supp. 1990). We have declared similar statutes invalid on various grounds: [1] Some were impermissibly vague [2] or were subject to arbitrary application. [3] The present statute suffers from similar ills. As noted above, section 838.15 makes it a third-degree felony for an "employee" to accept a benefit in return for violating a "common law duty." Few workers in Florida, however, are aware that they owe such a "common law duty" to their employers and fewer still could define the dimensions of that duty....

...is simply too open-ended to limit prosecutorial discretion in any reasonable way. The statute could be used, at best, to prosecute, as a crime, the most insignificant of transgressions or, at worst, to misuse the judicial process... . DeLeo, 356 So.2d at 308 (footnote omitted). Section 838.15 invites arbitrary application of the law. Based on the foregoing, we find section 838.15, Florida Statutes (Supp....

bribery by a public servant in violation of section 838.015(1), Florida Statutes (2008). The defendant

petitioner are punishable under Florida Statute § 838.015 (bribery) and Florida Statute § 838.016 (misuse

(1973), and the other count in violation of Section 838.015, Florida Statutes (1975), both of which are

act apart from the offer to make a bribe. Section 838.015, Florida Statutes, makes no distinction between

Bribery by a Public Servant, Florida Statutes, § 838.015(1). Thus, the trial court’s reliance on that reason

subsequently charged with seven violations of section 838.015(1), Florida Statutes (1985).1 Lopez filed a

his conviction of bribery in violation of section 838.015(1), Florida Statutes (2013). Because I believe

criminal. § 838.016(1), Fla. Stat. (2010).2 Section 838.015(1), Florida Statutes (2010), contains the definition

elect between the counts of bribery under Section 838.015, Florida Statutes (1977), and unlawful compensation

bribery of a police officer in violation of section 838.015, Florida Statutes (1979). In this appeal Savoie

commercial bribe receiving statute, Florida Statutes Section 838.15 (Supp.1990), unconstitutionally vague. We reverse

his conviction for bribery of a public servant, § 838.015, Fla. Stat. (1991). Based upon the trial court’s

bribery is reversed. The bribery statute, section 838.015(1), Florida Statutes (1985), prohibits any

Appendix 19.1 BRIBERY OF A PUBLIC SERVANT § 838.015(1), Fla._Stat. To prove the crime of Bribery