Florida statute
Fla. Stat. § 838.022 — Official misconduct
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. § 838.022
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 a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:(a) Falsifying, or causing another person to falsify, any official record or official document;(b) Concealing, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act; or(c) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor.
(2) For the purposes of this section:(a) The term “public servant” does not include a candidate who does not otherwise qualify as a public servant.(b) An official record or official document includes only public records.
(3) Any person who violates this section commits a felony of the third 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 official misconduct a felony or a misdemeanor in Florida?
Official misconduct is a Felony of the Third Degree in Florida under Fla. Stat. § 838.022.
Which Florida statute covers official misconduct?
Official misconduct is governed by Fla. Stat. § 838.022 (Official misconduct).
This reference is informational and is not legal advice.