Florida statute
Fla. Stat. § 838.016 — Unlawful compensation or reward for official behavior
Current through 2025 Florida Statutes
Part of Chapter 838: Bribery; Misuse of Public Office, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 838.016
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(1) It is unlawful for any person to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. This section does not preclude a public servant from accepting rewards for services performed in apprehending any criminal.
(2) It is unlawful for any person to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty.
(3) Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public duty of the public servant whose action or omission was sought to be rewarded or compensated.
(4) Whoever violates the provisions of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Official sources
Legal terms used in this section
Questions this section answers
Is unlawful compensation or reward for official behavior a felony or a misdemeanor in Florida?
Unlawful compensation or reward for official behavior is a Felony of the Second Degree in Florida under Fla. Stat. § 838.016.
Which Florida statute covers unlawful compensation or reward for official behavior?
Unlawful compensation or reward for official behavior is governed by Fla. Stat. § 838.016 (Unlawful compensation or reward for official behavior).
This reference is informational and is not legal advice.