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The Florida Statutes

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 838
BRIBERY; MISUSE OF PUBLIC OFFICE
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F.S. 838.014
838.014 Definitions.As used in this chapter, the term:
(1) “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.
(2) “Bid” includes a response to an “invitation to bid,” “invitation to negotiate,” “request for a quote,” or “request for proposals” as those terms are defined in s. 287.012.
(3) “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale.
(4) “Governmental entity” means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized by law.
(5) “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected.
(6) “Public contractor” means, for purposes of ss. 838.022 and 838.22 only:
(a) Any person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity; or
(b) Any officer or employee of a person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity.
(7) “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.
(8) “Service” means any kind of activity performed in whole or in part for economic benefit.
History.s. 59, ch. 74-383; s. 317, ch. 96-410; s. 1824, ch. 97-102; s. 2, ch. 2003-158; s. 99, ch. 2004-11; s. 1, ch. 2016-151.