838.016 Unlawful compensation
or reward for official behavior. ---
(1) It is unlawful for any person corruptly to give,
offer, or promise to any public servant, or, if a public servant,
corruptly to request, solicit, accept, or agree to accept, any
pecuniary or other benefit not authorized by law, for the past,
present, or future performance, nonperformance, or violation of any
act or omission which the person believes to have been, or the
public servant represents as having been, either within the
official discretion of the public servant, in violation of a public
duty, or in performance of a public duty. Nothing herein shall be
construed to preclude a public servant from accepting rewards for
services performed in apprehending any criminal.
(2) It is unlawful for any person corruptly to give,
offer, or promise to any public servant, or, if a public servant,
corruptly to request, solicit, accept, or agree to accept, any
pecuniary or other benefit not authorized by law for the past,
present, or future exertion of any influence upon or with any other
public servant regarding any act or omission which the person
believes to have been, or which is represented to him as having
been, either within the official discretion of the other public
servant, in violation of a public duty, or in performance of a
public duty.
(3) Prosecution under this section shall not require
that the exercise of influence or official discretion, or violation
of a public duty or performance of a public duty, for which a
pecuniary or other benefit was given, offered, promised, requested,
or solicited was accomplished or was within the influence,
official discretion, or public duty of the public servant whose
action or omission was sought to be rewarded or
compensated.
(4) Whoever violates the provisions of this section
shall be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s.
775.084.
History: s. 60, ch. 74-383; s. 36, ch. 75-298.