Florida Statutes 838.022 – Official misconduct
Current as of: 2023 | Check for updates
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(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:
For details, see Fla. Stat. § 775.082(3)(e)
(a) Falsifying, or causing another person to falsify, any official record or official document;
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 838.022
- Benefit: means gain or advantage, or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law. See Florida Statutes 838.014
- Contract: A legal written agreement that becomes binding when signed.
- Harm: means pecuniary or other loss, disadvantage, or injury to the person affected. See Florida Statutes 838.014
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Public contractor: means , for purposes of ss. See Florida Statutes 838.014
- Public servant: means :(a) Any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee;(b) Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function; or(c) A candidate for election or appointment to any of the officer positions listed in this subsection, or an individual who has been elected to, but has yet to officially assume the responsibilities of, public office. See Florida Statutes 838.014(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.