Florida Statute 839.26 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 839
OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES

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839.26 Misuse of confidential information.—Any public servant who, in contemplation of official action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his official capacity and which has not been made public, commits any of the following acts:

(1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benefit which may be affected by such information or official action;

(2) Speculation or wagering on the basis of such information or action; or

(3) Aiding another to do any of the foregoing,

shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 63, ch. 74-383; s. 39, ch. 75-298; s. 208, ch. 91-224; s. 1334, ch. 97-102.

Note.—Former s. 838.041.

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Amendments to 839.26

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 839.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

S839.26 - INVADE PRIVACY - MISUSE OF CONFIDENTIAL INFORMATION - M: F

Cases Citing Statute 839.26

Total Results: 1 | Sort by: Relevance | Newest First

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Ago (Fla. Att'y Gen. 2003).

Published | Florida Attorney General Reports

...Ultimately, any question as to whether the situation you have described violates the provisions of section 112.313 , Florida Statutes, would need to be addressed by the Florida Commission on Ethics. You may also wish to consider the implication of section 839.26 , Florida Statutes, which also relates to the use of confidential information by a public official or employee....

...775.083 ." Thus, there are criminal sanctions when a public servant uses information that is obtained due to his or her official capacity and that has not been made public for personal gain or to assist another to do so. A determination of whether a specific situation violates section 839.26 , Florida Statutes, is a mixed question of law and fact that may not be resolved by this office....

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