Category: White Collar Crime · Statute: F.S. 838.015-838.016 · Source: Florida Legislature
Understanding Bribery (Florida) in Florida
In Florida, bribery is a serious white-collar offense governed primarily by Section 838.015 of the Florida Statutes. The crime involves a corrupt agreement where a benefit is offered, given, solicited, or accepted with the intent to influence the official action of a public servant. This charge is not limited to cash transactions; a "benefit" can encompass anything of value, including property, services, or favorable business decisions. Florida law casts a wide net, meaning both the person offering the bribe and the public official accepting it can be charged with a second-degree felony, which carries a maximum penalty of 15 years in prison.
To secure a conviction, Florida prosecutors must prove a corrupt intent, demonstrating that the accused acted with the specific purpose of influencing or being influenced in their official capacity. Bribery charges can arise in various contexts, such as attempting to influence a law enforcement officer during a traffic stop, bribing a building inspector for a permit, or attempting to sway a juror or witness in a legal proceeding. When the offense occurs within a private business context rather than involving a public official, it may be prosecuted as commercial bribery under Section 838.016, which is classified as a third-degree felony.
Bail and Pretrial Release for Bribery Charges
When an individual is arrested for bribery in Florida, securing pretrial release can be complex. Because bribery directly targets the integrity of the justice system, judges often scrutinize these cases closely during the first appearance hearing. If the allegations involve bribing a witness, juror, or law enforcement officer, the court may view the defendant as a threat to the administration of justice. Consequently, a judge may impose strict non-monetary conditions alongside a high cash or surety bond, such as prohibiting any contact with co-defendants, witnesses, or public offices involved in the investigation.
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