§ 838.015 / § 838.016 — Bribery

Overview of Florida's Bribery Law

Florida's bribery statutes, found in § 838.015 and § 838.016, establish comprehensive prohibitions against corruption in public service. Section 838.015 addresses the act of bribing a public servant, making it illegal for any person to offer, give, or promise anything of value to a public servant with the intent to influence their official actions. Section 838.016 criminalizes the opposite side of the transaction, prohibiting public servants from soliciting, accepting, or agreeing to accept anything of value in exchange for being influenced in their official capacity.

These statutes are part of Florida's broader anti-corruption framework designed to maintain public trust in government operations. The law applies to all public servants, including elected officials, government employees, law enforcement officers, judges, and any person authorized to hear or determine any matter in an official capacity. The statutes recognize that bribery undermines the integrity of democratic institutions and creates an unfair advantage for those willing to pay for favorable treatment.

Under Florida law, the term "anything of value" is interpreted broadly and includes money, property, services, promises of future benefits, forgiveness of debts, and any other tangible or intangible benefit. The statutes do not require that the bribe actually influence the public servant's decision; the mere offer or acceptance with corrupt intent is sufficient to establish the offense.

Elements of the Offense

For bribery of a public servant under § 838.015, the prosecution must prove:

1. The defendant offered, gave, or promised something of value to another person
2. The recipient was a public servant
3. The defendant knew the recipient was a public servant
4. The defendant acted with intent to influence the public servant's official actions or decisions
5. The intended influence related to matters within the public servant's official capacity

For acceptance of bribes by public servants under § 838.016, the prosecution must establish:

1. The defendant was a public servant
2. The defendant solicited, accepted, or agreed to accept something of value
3. The acceptance was in exchange for being influenced in official actions or decisions
4. The defendant acted with corrupt intent
5. The matters involved were within the defendant's official capacity or authority

Penalties by Degree

Third-Degree Felony

• Both § 838.015 and § 838.016 violations are classified as third-degree felonies
• Maximum penalty of 5 years in state prison
• Up to 5 years of probation
• Fines up to $5,000
• Mandatory adjudication of guilt in most cases
• Criminal Punishment Code scoring may result in enhanced sentences

Additional Consequences for Public Servants

• Automatic forfeiture of public position upon conviction
• Permanent disqualification from holding any public office or employment
• Loss of pension and retirement benefits in many cases
• Possible restitution orders for any financial harm to the public
• Enhanced scoring under the Criminal Punishment Code for abuse of public trust

Common Defenses and Legal Challenges

Defense strategies in bribery cases often focus on challenging the element of corrupt intent. Legitimate gifts, lawful campaign contributions, and ordinary business transactions do not constitute bribery absent corrupt intent to influence official actions. Florida courts recognize exceptions for gifts of nominal value, meals provided in social settings, and benefits available to the general public on the same terms.

Entrapment defenses may arise when law enforcement creates opportunities for bribery that would not have otherwise occurred. However, Florida courts apply a subjective test for entrapment, focusing on the defendant's predisposition to commit the offense rather than government conduct alone. Other defenses include lack of knowledge of the recipient's public servant status, absence of intent to influence official actions, and challenges to the sufficiency of evidence regarding the corrupt agreement.

Enhanced Penalties and Aggravating Factors

Florida's Criminal Punishment Code provides additional points for bribery offenses involving abuse of a position of trust, which applies to most public corruption cases. When bribery involves large sums of money or relates to significant government contracts, prosecutors may seek upward departures from standard sentencing guidelines. Federal prosecutors may also pursue parallel charges under federal bribery statutes, particularly when interstate commerce or federal programs are involved.

Organized schemes involving multiple acts of bribery may result in RICO charges under § 895.03, carrying enhanced penalties and asset forfeiture provisions. Public servants who engage in patterns of corrupt conduct may face additional charges under Florida's public corruption statutes, including misconduct in office under § 838.022 and unlawful compensation under § 838.016.

How Our Data Relates

Our database tracks bribery prosecutions across Florida's judicial circuits, revealing significant variations in charging patterns and case outcomes by county. Our data shows that State Attorney offices in urban counties tend to pursue more aggressive prosecution strategies for public corruption cases, while rural jurisdictions may have fewer resources dedicated to complex bribery investigations. The database includes information on plea negotiations, sentences imposed, and appellate outcomes, providing valuable insights into how different courts interpret Florida's bribery statutes and apply the Criminal Punishment Code scoring rules to these cases.