Criminal Offenses by Public Officials in Florida

Florida law provides harsh penalties for crimes committed by public officials. Chapter 838, F.S., relates to bribery and misuse of public office. Chapter 839, F.S., relates to offenses by public officers and employees, create numerous criminal offenses involving public officials or employees in the performance of their official duties.

Chapter 838, F.S., authorizes felony penalties for the following offenses related to bribery and misuse of public office”

• Bribery involving a public servant under Section 838.015, F.S., a 2nd degree felony;
• Bribery in athletic contests under Section 838.12, F.S., 3rd degree felony;
• Soliciting, accepting, or agreeing to accept a commercial bribe under Section 838.15, F.S., 3rd degree felony;
• Conferring, offering to confer, or agreeing to confer a commercial bribe under Section 838.16, F.S., 3rd degree felony;
• Unlawful compensation or reward for official behavior under Section 838.016, F.S., a 2nd degree felony;
• Corruption by threat against a public servant under Section 838.021, F.S., a 2nd or 3rd degree felony;
• Official misconduct under Section 838.022, F.S., 3rd degree felony;
• Bid tampering under Section 838.22, F.S., 2nd degree felony offense; or
• Disclosure or use of confidential criminal justice information under Section 838.21, F.S., 3rd degree felony offense.

Chapter 839, F.S., authorizes misdemeanor and felony penalties for the following:

1. County officers speculating in county warrants or certificates under Section 839.04, F.S., 2nd degree misdemeanor offense;
2. Municipal officers speculating in municipal scrip under Section 839.05, F.S., 2nd degree misdemeanor offense;
3. Tax collectors buying or receiving a lesser than face value amount of warrant or order under Section 839.06, F.S., 1st degree misdemeanor offense;
4. Extortion by officers of the state under Section 839.11, F.S., 1st degree misdemeanor offense;
5. Clerk of court, sheriff, or county judge failing to keep records of costs Section 839.12, F.S., 2nd degree misdemeanor offense;
6. Public official or employee falsifying records Section 839.13, F.S., 2nd degree felony, 3rd degree felony, and 1st degree misdemeanor offenses;
7. Officer withholding records from successor Section 839.14, F.S., 2nd degree misdemeanor offense;
8. Judicial officer withholding records under Section 839.15, F.S., 1st degree misdemeanor offense;
9. Fraud of clerk in drawing a jury under Section 839.16, F.S., 2nd degree misdemeanor offense;
10. Misappropriation of moneys by commissioners to make sales under Section 839.17, F.S., 2nd degree felony offense;
11. Officer assuming to perform duties of office prior to qualification under Section 839.18, F.S., 2nd degree misdemeanor offense;
12. Sheriff or officer willfully or corruptly refusing or neglecting to execute process under Section 839.19, F.S., 1st degree misdemeanor offense;
13. Officer refusing to execute criminal process Section 839.20, F.S., 1st degree misdemeanor offense;
14. Jailer or officer refusing to receive prisoner under Section 839.21, F.S., 1st degree misdemeanor offense;
15. Officer taking insufficient bail under Section 839.23, F.S., 2nd degree misdemeanor offense;
16. Willful failure of officer to perform any duty required under criminal procedure law under Section 839.23, F.S., 2nd degree misdemeanor offense; and
17. Misuse of confidential information under Section 839.26, F.S., 1st degree misdemeanor offense.

Under s. 775.089, F.S., the sentencing court must order the defendant to make restitution for damages or losses caused by criminal conduct under most circumstances. A few of these criminal statutes contain restitution and community service requirements that are specific to those particular offenses.

Read more about crimes for obstruction of justice prosecuted in Florida.

Attorneys for Criminal Accusations Against Public Officials

The attorneys at Sammis Law Firm represent client accused of committing crimes while acting as a public official or involving obstruction of justice.

We understand the importance of aggressive representation at each stage of the case. We can help you gather exculpatory evidence that might be lost with the passage of time.

We can reach out to the investigating officer or prosecutor making the filing decision early in the case before any decisions are made about how the case will be prosecuted.

Call 813-250-0500.

This article was last updated on Friday, January 16, 2026.