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Florida Statute 838.16 - Full Text and Legal Analysis
Florida Statute 838.16 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 838.16 Case Law from Google Scholar Google Search for Amendments to 838.16

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
View Entire Chapter
838.16 Commercial bribery.—
(1) A person commits the crime of commercial bribery if, knowing that another is subject to a duty described in s. 838.15(1) and with intent to influence the other person to violate that duty, the person confers, offers to confer, or agrees to confer a benefit on the other.
(2) Commercial bribery is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 90-301.

F.S. 838.16 on Google Scholar

F.S. 838.16 on CourtListener

Amendments to 838.16


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 838.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

S838.16 - BRIBE-OFFERING - OFFER COMML BRIBE - F: T

Cases Citing Statute 838.16

Total Results: 41  |  Sort by: Relevance  |  Newest First

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United States v. Massey, 89 F.3d 1433 (11th Cir. 1996).

Cited 145 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 390423

predicate acts of bribery in violation of section 838.016(1) of Florida Statutes: racketeering act 2
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United States v. Robert O'keefe, John Edwin Montgomery, Jr., United States of Am. v. John Montgomery, & Robert T. O'Keefe, 825 F.2d 314 (11th Cir. 1987).

Cited 48 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 11208

statute as the predicate act. That statute, FSA § 838.016, has been interpreted as being substantially identical
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Lewis v. Evans, 406 So. 2d 489 (Fla. 2d DCA 1981).

Cited 23 times | Published | Florida 2nd District Court of Appeal

servant, of taking bribes, which is a crime. § 838.016, Fla. Stat. In suggesting such an instruction
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United States v. Nelson Italiano, 837 F.2d 1480 (11th Cir. 1988).

Cited 22 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 2083, 1988 WL 6559

At all times material herein, Florida Statute § 838.016 provided: (1) It is unlawful for any person corruptly
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In Re Jury Instructions in Crim. Cases, 911 So. 2d 766 (Fla. 2005).

Cited 18 times | Published | Supreme Court of Florida | 2005 WL 2095664

UNLAWFUL COMPENSATION OR REWARD OF PUBLIC SERVANT § 838.016(1), Fla. Stat. To prove the crime of Bribery Unlawful
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Seropian v. Forman, 652 So. 2d 490 (Fla. 4th DCA 1995).

Cited 16 times | Published | Florida 4th District Court of Appeal | 1995 WL 132159

plaintiff persuaded the trial judge to read section 838.016, Florida Statutes (1991), to the jury and later
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Tribune Co. v. Green, 440 So. 2d 484 (Fla. 2d DCA 1983).

Cited 13 times | Published | Florida 2nd District Court of Appeal | 10 Media L. Rep. (BNA) 1034

Count 5 charged that Judge Leon violated section 838.016(2), Florida Statutes, by accepting gambling
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United States v. Joseph Henry Kotvas, Jr. Cullen H. Williams, A/k/a, Buster Williams, Claude Tanner, 941 F.2d 1141 (11th Cir. 1991).

Cited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 21309, 1991 WL 163622

Unauthorized Compensation Statute, Fla.Stat. § 838.016 (1979), are not predicate acts under the RICO
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State v. Giardino, 363 So. 2d 201 (Fla. 3d DCA 1978).

Cited 12 times | Published | Florida 3rd District Court of Appeal

COMPENSATION FOR OFFICIAL BEHAVIOR, in violation of Section 838.016, Florida Statutes, or both, and in furtherance
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Padgett v. State, 404 So. 2d 151 (Fla. 1st DCA 1981).

Cited 10 times | Published | Florida 1st District Court of Appeal

imposed for the offense of unlawful compensation, § 838.016, Florida Statutes. We affirm the order appealed
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Scullock v. State, 377 So. 2d 682 (Fla. 1979).

Cited 9 times | Published | Supreme Court of Florida

section 796.07(3)(a); to "offer" a bribe, section 838.016; to "offer" to sell obscene materials, section
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Bricker v. State, 462 So. 2d 556 (Fla. 3d DCA 1985).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 203

unauthorized compensation for official behavior [§ 838.016(1), Fla. Stat. (1981)]. Bricker was employed by
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Shields v. Smith, 404 So. 2d 1106 (Fla. 1st DCA 1981).

Cited 8 times | Published | Florida 1st District Court of Appeal

behavior, a third degree felony proscribed by Section 838.016(1), Fla. Stat. (1979). That statute provides:
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Merckle v. State, 529 So. 2d 269 (Fla. 1988).

Cited 6 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 381

Stat. (1981); receiving unlawful compensation, § 838.016(2), Fla. Stat. (1981); extortion by a state officer
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Watkins v. State, 363 So. 2d 575 (Fla. 3d DCA 1978).

Cited 5 times | Published | Florida 3rd District Court of Appeal

(1977)], and (2) receiving unlawful compensation [§ 838.016, Fla. Stat. (1977)] before the Circuit Court for
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Merckle v. State, 512 So. 2d 948 (Fla. 2d DCA 1987).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1245

receiving unlawful compensation in violation of section 838.016(2), Florida Statutes (1981), extortion by a
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Williams v. Christian, 335 So. 2d 358 (Fla. 1st DCA 1976).

Cited 5 times | Published | Florida 1st District Court of Appeal

proscribed acts with the word "corruptly". Now Section 838.016, Florida Statutes (1975). [2] Florida Statute
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In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

ed) is a public serv- Give if applicable. § 838.016(3), Fla. Stat. In order for the — defendant to
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Simcox v. City of Hollywood Police Officers'ret. Sys., 988 So. 2d 731 (Fla. 4th DCA 2008).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 12687, 2008 WL 3914892

...r accumulated contributions as of the date of termination. Two statutory definitions of a "specified offense" pertain to this case. First, section 112.3173(2)(e)(4) provides this meaning: "[a]ny felony specified in chapter 838, except ss. 838.15 and 838.16." Second, the "catch-all" provision of section 112.3173(2)(e)(6) defines "specified offense as, [t]he committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which...
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McFadden v. State, 540 So. 2d 844 (Fla. 3d DCA 1989).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 2021

Franklin Lee McFadden, was charged with violating section 838.016(2), Florida Statutes (1981), which prohibits
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Garrett v. State, 508 So. 2d 427 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1244

receiving unlawful compensation, a violation of section 838.016(2), Florida Statutes (1981). On appeal he raises
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Hope v. State, 508 So. 2d 425 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1243

promising unlawful compensation, a violation of section 838.016(2), Florida Statutes (1981). On appeal, he
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United States v. Shenberg, 828 F. Supp. 968 (S.D. Fla. 1993).

Cited 3 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 10487, 1993 WL 289261

Eleventh Circuit has already stated that "FSA § 838.016 has been interpreted as being substantially identical
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State v. Gerren, 604 So. 2d 515 (Fla. 4th DCA 1992).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1992 WL 153977

...When the only proof of guilt is circumstantial, the state must, of course, introduce competent evidence which is inconsistent with the defendant's theory of events. See generally State v. Law, 559 So.2d 187 (Fla. 1989). Furthermore, at least one court has upheld a conviction pursuant to section 838.16(1) based on circumstantial evidence....
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State v. Castillo, 877 So. 2d 690 (Fla. 2004).

Cited 2 times | Published | Supreme Court of Florida | 2004 WL 856754

performance or nonperformance of official duties. See § 838.016(1), Fla. Stat. (1999). In this case, a police
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Merckle v. State, 541 So. 2d 1312 (Fla. 2d DCA 1989).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 34847

NOTES [1] § 838.015(1), Fla. Stat. (1981). [2] § 838.016(2), Fla. Stat. [3] § 839.11, Fla. Stat. (1981)
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Werner v. Hickey, 920 F. Supp. 1257 (M.D. Fla. 1996).

Cited 1 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 4693, 1996 WL 172362

Statute § 838.015 (bribery) and Florida Statute § 838.016 (misuse of public office). Thus, the petitioner
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Jamason v. Palm Beach Newspapers, Inc., 450 So. 2d 1130 (Fla. 4th DCA 1984).

Cited 1 times | Published | Florida 4th District Court of Appeal | 10 Media L. Rep. (BNA) 2135, 1984 Fla. App. LEXIS 12510

subject statement about Jamason. [4] See section 838.016, Florida Statutes (1983). [5] See section
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Matheson v. Miami-Dade Cnty., 258 So. 3d 516 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

collusive purpose. That would be illegal. See, e.g., § 838.016(1), Fla. Stat. (2017) (“It is unlawful for any
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Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 16578, 40 Fla. L. Weekly Fed. D 2464

behavior. ■ The defendant primarily argues that section 838.016(1), Florida Statutes (2008), which codifies
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Averill v. State, 463 So. 2d 272 (Fla. 2d DCA 1984).

Published | Florida 2nd District Court of Appeal | 9 Fla. L. Weekly 2304, 1984 Fla. App. LEXIS 15706

other public servants which is prohibited by section 838.016(2), Florida Statutes (1981). Moreover, we cannot
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Troiano v. State, 347 So. 2d 657 (Fla. 4th DCA 1977).

Published | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 15701

accepting unauthorized compensation contrary to Section 838.016, Florida Statutes (1975), a third degree felony
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Florida Bar v. Cueto, 834 So. 2d 152 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 264, 2002 Fla. LEXIS 437, 2002 WL 432551

compensation or reward for official behavior," section 838.016(1), Florida Statutes (2000), provides in pertinent
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State v. Milbrath, 527 So. 2d 864 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1421, 1988 Fla. App. LEXIS 2537, 1988 WL 61387

appellee, Milbrath, was charged with violating section 838.016(2), Florida Statutes (1985) (unlawful compensation
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State v. Flansbaum-Talabisco, 121 So. 3d 568 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 11602, 2013 WL 3811759

official behavior, which is defined under section 838.016(1), Florida Statutes (2010): It is unlawful
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State v. Sune, 360 So. 2d 1128 (Fla. 2d DCA 1978).

Published | Florida 2nd District Court of Appeal | 1978 Fla. App. LEXIS 16294

Statutes (1977), and unlawful compensation under Section 838.016, Florida Statutes (1977). From this order the
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Castillo v. State, 835 So. 2d 306 (Fla. 3d DCA 2002).

Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 19376, 2002 WL 31870335

issuing her a ticket or arresting her for DUI. Section 838.016, Florida Statutes (1999), provides: (1) It
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Bateman v. State, 240 So. 3d 36 (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal

compensation for official behavior in violation of section 838.016(1), Florida Statutes (2013); Count 2, unlawful
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Ford v. State, 401 So. 2d 1156 (Fla. 3d DCA 1981).

Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 20795

compensation for official behavior, a violation of Section 838.-016(1), Florida Statutes (1979). She was adjudicated
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In Re: Stand. Jury Instructions in Crim. Cases—report 2016-10, 214 So. 3d 1290 (Fla. 2017).

Published | Supreme Court of Florida

TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR § 838.016(1), Fla, Slat. To prove the crime of Unlawful
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Alvarez v. State, 800 So. 2d 237 (Fla. 3d DCA 2001).

Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 4757, 2001 WL 357045

petitioners have been charged with violations of section 838.016(1), Florida Statutes (1995), which reads: “(1)