In Re: Standard Jury Instructions in Criminal Cases—report 2016-10

214 So. 3d 1290

• Court: Supreme Court of Florida
• Decided: April 13, 2017
• Docket: SC16-1884
• Status: Published

Opinion

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted a report proposing amendments to seven existing standard criminal jury instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending existing instructions: 19.1 (Bribery of a Public Servant); 19.2 (Bribery by a Public Servant); 19.3 (Unlawful Compensation or Reward to Public Servant for Official Behavior); 19.4 (Unlawful Compensation or Reward by Public Servant for Official Behavior); 19.5 (Unlawful Compensation or Reward to Public Servant for Official Behavior); 19.6 (Unlawful Compensation or Reward by Public Servant for Official Behavior); and 19.7 (Official Misconduct). 1 The changes proposed by the Committee primarily stem from the enactment of chapter 2016-151, Laws of Florida, which revised chapter 838 (Bribery; Misuse of Public Office) of the Florida Statutes. The enactment of chapter 2016-151, Laws of Florida, among other things, changed the type of mens rea necessary for a violation of chapter 838 from “corruptly” to “knowingly and intentionally.” It also amended section 838.014, Florida Statutes (2016), to include definitions, for the phrases “Governmental entity” and “Public contractor.” Ch. 2016-151, § 1, Laws of Fla.

Before filing its report with the Court, the Committee published its proposals for comment. No comments were received. The Court did not republish the Committee’s proposals for comment. Having considered the Committee’s report, we hereby authorize for publication and use instructions 19.1 through 19.7 as proposed by the Committee.

Accordingly, the instructions, as set forth in the appendix to this opinion, are authorized for publication and use. 2 In authorizing the publication and use of these instructions, we express no .opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. New language is indicated by underlining and deleted language is indicated by struck-through type. The instructions as set forth in the appendix shall be effective when this opinion becomes final.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

Attachment

Appendix

19.1 BRIBERY OF A PUBLIC SERVANT § 838.015(1), Fla._Stat.

To prove the crime of Bribery of a Public Servant, the State must prove the following feurfive elements beyond a reasonable doubt:

1. (Person bribed-) was a (office'of nernonbribBd). Asíame of public-, servant) was a public servant.

2. (Defendant) {gave] [offered] [promised]-tn-(pemonrbribed)-the thing describedrin-the charge in this-case tus-fread from ohargelknew that (name of public servant) was a public servant.

3. The (road fir-em-charge) was somcthing-ef-valuc, benefit^ or a-dvnntage-to-[(poraon bribod-)j-[n person-in whoso welfare -(persea bribed) was-mterestedl -not authorized-bylaw. (Defendant) knowingly and intentionally [gavel [offered! fnromisedl (name of public servant) a pecuniary or other benefit.

4. The [gift] [offor] [promise] was made-for the purpose of corruptly influencing (person bribedjHn the performance of somc act or omission that

Give- 4a or-4b as-ap-plicable.

⅜-[(defendant) believed to be

[within-the-official-discretion of-(person bribed)];]

[in violation of a-public duty of-(person bribed)].]

[in performance of a public duty of (person bribed)].]

fe-[(person bribed) represented as-being

[withm-[his] [her]-official discretion];]

[in violation of [his] [her] public-duty].]

[inperformance of-[his] [her] public duty].]

(Defendant’s) igiffl fofieri Tpromisel was made with the intent or purpose to influence (name of public servant) in the performance of any act [or omission! that

Give 4a or 4b as applicable.

a. ('defendant') believed to be [within the official discretion of

(name of public servant!! fin violation of a public duty of

(name of public servant-)! fin performance of a public duty of

(name of -public servant)!.

b. (name of public servant) represented as being [within fhisl

fherl official discretion! [in violation of fhisl fherl public

dutvl fin performance of fhisl fherl public dutvl

5. The pecuniary or other benefit was not authorized bv law.

Definitions^

§ 838.011(6), FiavStat-.-

“ Corruptly—moans acting knowingfy-and dishonestly for a wrongful purposer

The-court-now instructs you-that-a (office of person bribed) is a public servant.-

$ 838.014Í7)(a). Fla. Stat.

“Public servant” means any officer or employee of a governmental entity, including any executive. legislative, or judicial branch officer or employee.

Give if applicable. $ 838.014f7)(b) and (7)(c). Fla. Stat.

“Public servant” also includes 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 a candidate for election or appointment to any of these officer positions: or an individual who has been elected to. but has vet to officially assume the responsibilities of. public office.

$ 838.014(4). Fla. Stat

“Governmental entity” means an agency or entity of the state, a county, municipality, or special district or anv other public entity created or authorized bv law.

Give the following three paragraphs to explain “a pecuniary or other benefit not authorized bv law ” in element #5. CzaikowsM v. State, 178 So. 3d 498 {Fla. 4th DCA 2015). S 838.014m. Fla. Stat.

“Pecuniary” means in the form of money. “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 anv person in whose welfare he or she is interested, including anv commission, gift, gratuity. property, commercial interest, or anv other thing of economic value not authorized bv law.

⅜ 112.313(2). Fla. Stat.

According to Florida law, no public officer, employee of an agency. local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift. loan, reward. promise of future employment, favor, or service, based upon anv understanding that the vote, official action, or judgment of the public officer. employee, local government attorney, or candidate would be influenced thereby.

⅜ 112.313(4). Fla. Stat,

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at anv time, accept anv compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was giyen to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

Give if applicable. £ 838.015(2). Fla. Stat

In order for the defendant to be guilty of Bribery of a Public Servant, it is not necessary that (name of public servant) had assumed office.

Give if applicable. $ 838.015(2), Fla.Stai.

In order for the defendant to be guilty of Bribery of a Public Serv ant, it is not necessary that the act with respect to which the bribe was [given] [offered] [promised] was properly pending before (bersen-brlbedname of public servant), or that by law it might be properly brought before [him] [her], or that [he] [she] was qualified to act in the desired way, or that [he] [she] had jurisdiction over the matter, or that [his] [her] official action was necessary to achieve the purpose of the defendant.

Give if applicabhr§ 838.0l-4(1)?Fla.Stat.

transaction relating to an act-to-be-done if and-when [lie}-[she] actually assumes-office.-

Lesser Included Offenses

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Comment

This instruction was adopted in 1981 and amended in 2005 [911 So. 2d 766J and 2017. ■ .

19.2 BRIBERY BY A PUBLIC SERVANT § 838.015(1 ),Fla._Stat.

1. (Defendant) >vas a i : servant.

2, (Defendant) knowingly and intentionally [requested! [solicited] [accepted] [agreed to accent for fliimselfl Ihersclfl foranotherll from (person making bribe)' the ⅛⅛⅜ deseribed-in thcchargcin: this -ease 'as-feead-from-elmrge) a pecuniary or other benefit.

3. The frond from charge-Hvas something-of valuó, bonefit-re-i-advantago-to-{(d&fe^daat-^ [a-person in- whoso welfare (defendant) was inferestedl-not-awtltorized-tH^a-wHDefendanthsl ireqnestl fsolicitationl faccentancel [agreement to accentl was made with the intent of being influenced in the performance of some act for omission! that

Give 3a or 3b as applicable.

a. (person making bribed believed to be

[within the official discretion of ÍdefendantVI

fin violation of a public duty of (defendant).!

Tin performance of public duty of (defendant),!

b. ("defendant) represented as heintr

[within fhisl fhcrl official discretion!.

fin violation of fhisl [her] public dutvi.

fin performance of Ihisf fherl public dutvf.

4. The [requejrtJ-[solicitationJ4ac€eptance]-[agreement-t0-accept] was mnde-w-ith-mtent of corruptly being-influoncod in the performance of some act or-omission that

Give •la or 4b-as-applicable.

⅛-[(person moiaag-bribo) believed to bo

[within the-official discretion-of (defendant)];]

■[■in violation o-f-a pnbfic-duty of (defendant)]⅛⅜

[in performance of public-duty of (defendant)].]

b-[(defendant) -reprosentod-as being

[within-[his] [her] officM-discretion];]'

{in-violation of [his] [her] public duty].]

[in-performance of [his] [her] public-duty]]

The necuniarv or other benefit was not authorized by law.

Definitions;

-Corruptly—means-ncting4ffiowingly-nnd dishonestly for-a wrongful purpose.

The court now instructs-yeu-t-hat a-(offiee of-defendant) is-a public servant.

$ 838.014mCa). Fla. Stat.

“Public servant” means anv officer or employee of a governmental entity, including anv executive, legislative, or judicial branch officer or employee.

Give if applicable. $ 8S8.014(7)(b) and (7)(c). Fla. Stat.

“Public servant” also includes anv 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 a candidate for election or appointment to anv of these officer positions: or an individual who has been elected to, but has vet to officially assume the responsibilities of, public office.

$ 838.014(4). Fla. Stat.

“Governmental entity” means an agency or entity of the state, a county. municipality, or special district or anv other public entity created or authorized bv law.

Give the following three paragraphs to explain “a pecuniary or other benefit not authorized bv law ” in element #4. Czaikowski v. State. 178 So. 3d 498 (Fla. 4th DCA 2015). $ 838.014(1). Fla. Stat.

“Pecuniary” means in the form of money. “Benefit” means gain or advantage or anything regarded bv the person to be benefited as a gain or advantage, including the doing of an act beneficial to anv person in whose welfare he or she is interested, including anv commission, gift, gratuity, property, commercial interest, or anv other thing of economic value not authorized bv law.

f 112.313/2). Fla. Stat.

According to Florida law, no public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon anv understanding that the vote, official action, or judgment of the public officer. employee, local government attorney, or candidate would be influenced thereby.

f 112.313(4). Fla. Stat.

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or. with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

Give if avvlicable. $ 838.015C2). Fla. Stat

In order for the defendant to be guilty of Bribery by a Public Servant, it is not necessary that fhel Islicl had assumed office.

Give if avvlicable. <? 838.015Í2). Fla. Slat.

In order for the defendant to be guilty of Bribery bv a Public Servant, it is not necessary that the act with respect to which [the bribe was [requested] [solicited] [accepted]] [an agreement was reached for the bribe] was properly pending before the defendant, or that by law it might be properly brought before [him] [her], or that [he] [she] was qualified to act in the desired way, or that [he] [she] had jurisdiction over the matter, or that [his] [her] official action was necessary to achieve the purpose of the person making the bribe.

Géve-ifapplicable. §• 83SS-PI-(4)rFla.Stat

For the purpose-of the laws agains-t-bribery, any person who has boon elected or-appointod to, or who-is a candidate for election or-appointment to, a-ny-public office is regarded ns-olroady-being-in that office with-respeet-to-any i-ransnction-relating-to-anact to be done if and when-[he] [she] actually n-ssumes office.

No lesser included offenses have been identified for this offense.

This instruction was adopted in 1981 and amended ir So. 2d 7661 and 2017.

19.3 UNLAWFUL COMPENSATION OR REWARD TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR

§ 838.016(1), Fla, Slat.

To prove the crime of Unlawful Compensation or Reward to a Public Servant for Official Behavior, the State must prove the following feurfive elements beyond a reasonable doubt:

1. (P-er-son-br-iberiName of public servant) was a public servant.

2. (Defendant-) knew that (name of public servant! was a public servant.

⅛⅛ (Defendant! knowingly and intentionally [gave] [offered] [promised] moneva pecuniary or-some other benefit to (person bribedname of public servant-).

&-The-monoy or other benefit was something of value-er-advantnge ⅛' [(person ■bribed)]' [a person in whoso weIfar-e-(person-bribed)-w-as-interostedj -and-was -not-authorized by law?

4. The [gift] [offer] [promise] was-corruptly made for the past, present, or future performance, nonperformance, or violation of any act or omission of (person bribedname of public servant! that

Give relevant part of 4a or 4b as applicable.

a. [(defendant) believed to be

[within the official discretion of (person bribedname of public servantü.l

[in violation of a public duty of (person bribedname of public servantü.l

[in performance of a public duty of (person bribedname of public servant!!.!

b. Knerson bribedname of public servant! represented as being

[within [his] [her] official discretion].]

[in violation of [his] [her] public duty].]

[in performance of [his] [her] public duty].]

5. The pecuniary or other benefit was not authorized bv law.

Definitions.

§■■838.014(6); Fla.-Stat.

-Public-servant” means:

n)-Any officer or omployoe-of-n-state, county, municipal, or special district agoncy-or entity;

⅛-)—Any-legislutive or judicial officer or employee;

c) -Any-person; except mvitnessy who acts as a general or special magistrate! receiv-er-auditor, arbitrator, umpire, referee^ consultant, or-hear-ing-officer while-performing-u govornmentftl-tunction;-or

d) -A-candidate for election-or-appointment te-any-of the positions listed in (u), (b)-,-or-(c)vor an individnal-who has been-elected to, but has-yet-te-officially assume the responsibilities of, public office.

-§-838:014(4), Fla. Stat-

■■ Corruptly” means acting-knowingly and dishonestly for a wrongful purpose.

§-838r9-l-4 (■!),■ Fki: Stat.

-Benefit” means gain or-a4v-ant-age,-or anything regarded by the person to be benefited ns a gain or ndvantagorincluding-thc-doing of an act beneficial to any person-in whoso welfare ho or shcAs-interestedi including any commission,-gift, gratuity, proper-tyvcommorcial-interest, or-a-ny-othor thing of economic-value not authorized by law.

⅛’ 838.014Í7)fa). Fla. Stat.

“Public servant” means anv officer or employee of a governmental entity, including anv executive, legislative, or judicial branch officer or employee.

Give if applicable, $ 838.014í7)fb) and (7)(c), Fla. Stat

“Public servant” also includes anv 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 a candidate for election or appointment to anv of these officer positions: or an individual who has been elected to. but has vet to officially assume the responsibilities of. public office.

$ 838.014m. Fla. Stat.

“Governmental entity” means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized bv law.

Give the following three varazravhs to explain "a pecuniary or other benefit which was not authorized bv law ” in element if 5. Czailcowski v. State. 178 So. 3d 498 (Fla. 4thDCA 2015). $838.014(1). Fla. Stat.

“Pecuniary” means in the form of money. “Benefit” means gain or advantage or anything regarded bv 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 bv law.

$ 112.313(2). Fla. Stat.

According to Florida law, no public officer, employee of an agency. local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.

S 112.313(4). Fla. Stat.

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept anv compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know', that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

Give if applicable.

§ 838.016(3), Fla. Stat

It is not necessary for the State to prove that the exercise of official discretion or violation of a public duty or performance of a public duty for which the bribe was [given] loitered] [promised] was accomplished or was within the official discretion or public duty of the public servant whose action or omission was sought to be rewarded or compensated.

Comments

§ 838.016(1), Fla, Stat

There is no prohibition against a public servant accepting a reward for services performed in apprehending a criminal. Therefore, if the evidence presents a factual issue on this point, a special instruction must be given.

This instruction was adopted in 1981 and amended in 2005 [911 So. 2d 766]a trad 2013 1131 So. 3d 7201, and 2017.

19.4 UNLAWFUL COMPENSATION OR REWARD BY PUBLIC SERVANT FOR OFFICIAL BEHAVIOR

§ 838.016(1), 1¾. Stat,

To prove the crime of Unlawful Compensation or Reward by a Public Servant for Official Behavior, the State must prove the following four elements beyond a reasonable doubt:

1. [Defendant) was a public.servant.

2. (Defendant) knowingly and intentionally [requested] [solicited] [agreed to accept or accepted] money or-somca pecuniary or other benefit from (person making bribe).

⅜-The money or other benefit-was something of value or advantage to [(defendmt-)]-[a-person in whosewelfa-re~(defendant) was interested]-and-w-as not authorized by law-.-

4r3¡. The [request] [solicitation] [agreement to accept or acceptance] was corruptly made for the past, present, or future performance, nonperformance or violation of any act or omission of (defendant) that

Give relevant part of4&-or-4b3a or 3b as applicable.

a. [(person making bribe) believed to be

[within the official discretion of (defendant)].]

[in violation of a public duty of (defendant)].]

[in performance of a public duty of (defendant)].]

b. [(defendant) represented as being

[in performance of [his] [her] public duty],]

4. The pecuniary or other benefit was not authorized by law.

§ 838.01 <t(6)rF-hr£tatr

“Public servant” means-:-

a) -Any-nffle-er-or-effl-ptoyee-of a stnto, county,■ municipa-h-or special district agency or entity;

b) -Any-lcgislative-or-judicial-efficer-&r employee;

c)~Any-porson, except a witness, who acts as a-generat-or special magistrate, receiver, auditor^ arbitrafor-rumpirey referee, consultant, or hearmg-officer-while-performing a govcmmentnl-functionv-or

d) A candidate for election or-appointment to any of the positions listed in (a); (b)i or (c)-or- an-individuaI who has been elected to; but has-yct-to offidally-assttme-tho responsibilities-&fj-j>ubtic-nMcer

[[Image here]]

-Benefit—meunsguin or -advantage, o r nnything-rcgardcd by the-porson to-be benefited as a gain or advantage, including the doing of an-act beneficial to any person in whose wolfare-he-or-she is interested, including-any commissio-^-giftrgr-fttnit^vpFoper^; commercial interest;-or-tiny other thing of-economic value not authorized by law.

■§ 838.01 4('!), Fla. Stat.

“ Corruptly” means-acting -knowingly and dishonestly for-a wrongful Purpose-

'S1 838.014(7)(a). Fla. Stat.

“Public servant” means anv officer or employee of a governmental entity, including anv executive, legislative, or judicial branch officer or employee.

Give if avvlicable. $ 838.014(7)(b) and (7)(c). Fla. Stat

“Public servant” also includes anv 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 a candidate for election or appointment to anv of these officer positions; or an individual who has been elected to. but has vet to officially assume the responsibilities of. public office.

“Governmental entity” means an agency or entity of the state, a countv. municipality, or special district or anv other public entity created or authorized by law.

Give the following three narasranhs to explain ",a vecuniarv or other benefit not authorized by law ” in element ft-4. CzaikowsM v. State. 178 So. 3d 498 (Fla. 4th DCA 2015). $ 838.014m. Fla. Stat.

“Pecuniary” means in the form of money. “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 anv person in whose welfare he or she is interested, including anv commission, gift, gratuity. property, commercial interest, or anv other thing of economic value not authorized by law.

i' 112.513(2). Fla. Stat.

According to Florida law, no public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward. promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer. employee. local government attorney, or candidate would be influenced thereby.

£ 112.313(4). Fla. Stat.

According to Florida law, no public officer, employee of an agency, or local government attorney or Ms or her spouse or minor child shall, at any time, accept any compensation, paymen t, or thing of value when such public officer, employee, or local government attorney knows, or. with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

§ 838.016(3), Fla. Stat.

It is not necessary for the State to prove that the exercise of official discretion or violation of a public duty or performance of a public duty for which the bribe was requested or solicited was accomplished or was within the official discretion or public duty of the defendant.

No lesser included offenses have been identified for this offense.

§838.016(1), Fla. Stat.

There is no prohibition against a public servant accepting a reward for sendees performed in apprehending a criminal. Therefore, if the evidence presents a factual issue on this point, an appropriate instruction should be given.

This instruction was adopted in 1981 and amended in 2005 [911 So. 2d 766]^ and 2013 1131 So. 3d 7201. and 2017.

19.5 UNLAWFUL COMPENSATION OR REWARD TO PUBLIC SERVANT FOR OFFICIAL BEHAVIOR

§ 838.016(2), Fla. Stat.

To prove the crime of Unlawful Compensation or Reward to a Public Servant for Official Behavior, the State must prove the following feurfive elements beyond a reasonable doubt:

1. íPersea-bFibedName of public servant) was a public servant.

2. (Defendant) [gave} [offered] [promised] money or some other benefit to (person bribed)knew that (name of public servant! was a public servant.

3. The money or other benefit was somothmg-o-f-vnluo or advantage to [(person bribed)] [a person in whoso welfare (person-bribed) was interested! and was not authorized by law(Defendant) knowingly and intentionally fgavel fofferedl fpromised! a pecuniary or other benefit to (name of public servant).

4. The [gift] [offer] [promise] was corruptly made for the past, present or future exertion of any influence upon or with (person sought to be influencedname of public servant) regarding any act or omission that

Give 4a or 4b as applicable.

[within the official discretion of (per-sen-sought-to-be Iaflueneedname of public servant!].]

[in violation of a public duty of (person-soughtto be ■influencedname of public servanfll.l

[in performance of a public duty of (person sought to bo influencedname of public servantVI .1

b. [was represented to (defendant) as being

[within the official discretion of (person-sought-to:-be influencedname of public servant!].]

[in performance of the public duty of (person sougfat-to be-Mfaeneeéname of public servant-)!.]

5. The pecuniary or other benefit was not authorized by law.

§ 838.011(6), Fla. Stat.-

■-SjPublie-sefvant” means:

a) Any officer or employee of a state, county, municipal-,-or specialdistrict-agencyorentity;-

b) Any-legislative-or-judieial officer or employee;

c) Any person; except a witness, who acts-as-a-general-of special magistrate,-receiver, nuditor-arbitrato-rT-umpire^ referee-,-cens-ultttntTO-r-hearing-offieer-^vhilo performing a governmental function; or

d) A candidate for election or appointmont-to-uny^e-f-the posrtions-listcd in (a), (b), or (c), or an individual who has been elected-to,--but has--yet-to-ottic-ially assume the responsibilities of, public office.

,f 8-38i011 (IJ-rFlo-rStati-

‘‘■Benefit—means gain or advantage, or anything regardod by thc-pcrson to -be benefited -as-a gain-o-r-advantage, including the doing of an-act beneficial to any person in-whose-welfere-hc-or-she-ifrinterestcd, including any commission, gift, gratuity-f property; commercial interesty-or-any-other-thing of economic value -not-authurizod-bydawv

§ 838.01!(fi. Fkh-Stiiti

“Corruptly” mcans-acting-knowingly-tHid-dishoBestiy-fe-r-ft-wrongfai purpose;-

$ 838.014Í7)Ca). Fla. Stat.

“Public servant” means any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee.

Give if avvlicable. $ 838.014í7)íb) and (7)(c). Fla, Stat

“Public servant” also includes 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 a candidate for election or appointment to any of these officer positions: or an individual who has been elected to. but has vet to officially assume the responsibilities of. public office-

'S' 838.014Í4). Fla. Stat.

“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.

Give the following three paragraphs to explain “a pecuniary or other benefit which was not authorized by law ” in element #5. Czaikowski v. State. 178 So. 3d 498 LFla. 4thDCA 2015). $ 838.014m. Fla. Stat

“Pecuniary” means in the form of money. “Benefit” means gain or advantage or anything regarded by the person to be benefited as a sain 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.

$ 112.313(2). Fla. Stat

According to Florida law, no public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accent anything of value to the recipient, including a gift. loan, reward. promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer. employee, local government attorney, or candidate would be influenced thereby.

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

Give if applicable.

§ 838.016(3), Fla. Slat.

It is not necessary for the State to prove that the exercise of influence for which the bribe was [given] [offered] [promised] was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated.

§ 838.016(1), Fla. S’taf.

There is no prohibition against a public servant Excepting a rewEird for services performed in apprehending a criminal. Therefore, if the evidence presents a factual issue on this point, an appropriate instruction should be given.

This instruction was adopted in 1981 and amended in 2005 [911 So. 2d 766]a and 2013 1131 So.3d720Land2017.

19.6 UNLAWFUL COMPENSATION OR REWARD BY PUBLIC SERVANT FOR OFFICIAL BEHAVIOR

§ 838.016(2), Ida. Stal.

To prove the crime of Unlawful Compensation or Reward by a Public Servant for Official Behavior, the State must prove the following four elements beyond a reasonable doubt:

(Defendant) knowingly and intentionally [requested] [solicited] [agreed to accept or accepted] money-o r-somea pecuniary or other benefit from (person making bribe).

⅜-The money-or other benefit was-something of value or advantage to [(defendant)] [a'person in whose-w-elfare (defendant) was interested] and-was not authorized-by-law^

4A The [request] [solicitation] [agreement to accept or acceptance] was-corruptiy made for the past, present, or future exertion of any influence upon or with-(person-sought to he influenced) regarding any act or omission which

Give 4a-or-4b3a or 3b as applicable,

[in violation of a public duty of (person-sought to be influencedname of public servant!!.!

[in performance of a public duty of (person sought to

b. [was represented to (person making bribe) as being

[in violation of the public duty of (person sought-to-be influencedname of nublic servant)].]

[in performance of the public duty of (person sought to ! of public servant)].1

£S-3&Q44(6}rF-teT-S-tati

“Public sorvnnt” moans:

a-)^Any-effi€-er-or-empIoyee of-a state, cottntyrmunicipal-,-or special district agency-or-entity;

b) Any legislative o-r-judicial-officer or employee;

€-)-Any-p&rson-,-except-a witness, who acts-as-a-gener-al or special magistrate, receiver-auditor,--arbitrator; umpire? referee,--consult-antror hearing officer while performing a governmental functionf-or-

d) A candidate for election or appointment to any of-the positions listod in (a),- (b)y-or-(c), or an individual-who-hus boon elected toj but has yet to officially assume-the responsibilities of, public-officer

§ 8S8S14(4^yF-la^Statr

“Benefit” means gain or-advantage, or anything regarded by-tho person to-foe-benefitodns-a gain-or-udyuatage, including the doing of an act beneficial to any person-in-who-se-welfere ho or she is-intere»ted;-inrlnding any commission, gift, gratuity, property, commer-eial-interest, or any other-tiring of economic-value-not nntbnrized by law.-

§ 838&M{-4)rmaStah-

“Corruptly—means acting knowingly-and-dishonestly for a wrongful-purpose;-

¿ 838.014C7)ia). Fla. Stat

“Public servant” means any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee.

Give if applicable. $ 838.014(7){b) and (7)(c). Fla. Stat.

“Public servant” also includes 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 a candidate for election or appointment to any of these officer positions: or an individual who has been elected to. but has vet to officially assume the responsibilities of. public office.

S 838.01474). Fla. Stat

“Governmental entity” means an agency or entity of the state, a county, municipality, or special district or anv other public entity created or authorized by law.

Give the following three varaaravhs to explain “a pecuniary or other benefit which was not authorized by law ” in element #5, CzaikowsJd v. State. 178 So. 3d 498 {Fla. 4thDCA 2015). f 838.014m. Fla. Stat.

“Pecuniary” means in the form of money. “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 anv person in whose welfare he or she is interested, including anv commission, gift, gratuity. property, commercial interest, or anv other thing of economic value not authorized by law.

(112.313(2). Fla. Stat.

According to Florida law, no public officer, employee of an agency. local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward. promise of future employment, favor, or service, based upon anv understanding that the vote, official action, or judgment of the public officer. employee, local government attorney, or candidate would be influenced thereby.

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at anv time, accept anv compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

It is not necessary for the State to prove that the exercise of influence for which the bribe was [given] [offered] [promised] was accomplished or was within the influence of the public servant whose action or omission was sought to be rewarded or compensated.

No lesser included offenses have been identified for this offense.

Comments

§838.016(1), Fla, Stat.

There is no prohibition against a public servant accepting a reward for services performed in apprehending a criminal. Therefore, if the evidence presents a factual issue on this point, an appropriate instruction should be given.

This instruction was adopted in 1981 and amended in 2005 [911 So. 2d 766]4 asd-2013 1131 So. 3d 7201, and 2017.

19.7 OFFICIAL MISCONDUCT

§ 838.022, Fla. Stat.

To prove the crime of Official Misconduct, the State must prove the following threetwo elements beyond a reasonable doubt:

1. (Defendant) was a ¿public servant! [public contractor!.

2. While a ¿public servant! Ipublic contractor!, (defendant) knowingly an d intentionally [obtained a benefit for a person! fcaused unlawful harm to another! bv

Give as applicable.

a. [falsifiedfalsifying] [atusedcausing another person to falsify] an [official record] [official document].

feoverodcovering up] b. fmutilatedmutilatingl falterodaltering! an [official record] [official document] except as authorized bv law or contract for eausedcausing another person to perform such an act],

c. fobstructodobstructing! fdclavcddelaving! [preven tedn reven ting! the communication of information relating to the commission of a felony that directly involved or affected the publie4agencv( [government entity! served by (defendant).

⅜-(Defendant) did so with corrupt-intent to-[obtain a benefit for a person] [cause htmn-to-anotfacr].-

Definitions. Give as applicable.

Fla, Stat. § 838.014(1). Fla. Stat.

“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.

Give the following three paragraphs to explain “not authorized by law " in the definition of “benefit. ” Czaikoxvslti v. State. 178 So. 3d 498 (Fla. 4th DCA 2015). $ 838.014(1). Fla. Stat.

According to Florida law, no public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward. promise of future employment, favor, or service, based upon anv understanding that the vote, official action, or judgment of the public officer-employee. local government attorney, or candidate would be influenced thereby,

⅛' 112.313(4). Fla. Stat.

According to Florida law, no public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at anv time, accept anv compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.

£ 838.014(7)(a) Fla. Stat.

“Public servant” means anv officer or employee of a governmental entity, including anv executive, legislative, or judicial branch officer or employee.

S 838.014mfb). Fla. Stat

“Public servant” also includes any person, excent a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee. consultant, or hearing officer while performing a governmental function.

$ 838.022(2)(a). Fla. Stat.

“Public servant” does not include a candidate who does not otherwise qualify as a public servant.

$838.014(6). Fla. Stat

“Public contractor” means any person, who has entered into a contract with a governmental entity or any officer or employee of a person, who has entered into a contract with a governmental entity.

“Governmental entity” means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized bv law,

$ 1.01(3). Fla. Stat.

The terms “person” and “officer or employee of a person” as used in the definition of “public contractor” include individuals, children, firms. associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

Fla, Stat §-83&M-1{4-)t

“With-corrupt intent” moans acting knowingly and -dishonestly for a

FlarStatr-§ 838.014(5). Fla. Stat.

“Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. “Pecuniary” means in the form of money.

Fla. Stat. §- 8-3&0-14(4)t

“■Public Servant- -means»

a) Any officer or employee of any statercounty-,-mufl«apaf-&F spedal-district-agency or entity;

b)-Any-legfeintive or judicial officer or-employee;-

c) Any person, except n witoes.srwho acts as-a general or-special-magistrate, receiver-,-auditor, arbitrator-,-umpire, referee; consultant, or hearing officer while performing a governmental function.

⅛⅛| 838.022(3)fb). Met. Stat.

“Official Record” or “Official Document” includes only public records.

⅛⅜⅛-J 119.011(12). Fla. Stat.

“Public Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

Give-if applicable. Fla. Slat. § 775.08(1). Fla. Slat.

“Felony” means any criminal offense punishable by death or imprisonment in excess of one year. The Court instructs you that the crime of (insert name of lelonv) is a felony.

Committee Note: A candidate-for pubHe-oífiee-er a person-whe-has been etoeted-bm-has yet to ellfeially-assume the respensibilitiea-of piiblie-effice-doos-net-

qualify as a-piiblic-aervant. §⅛⅝:()22(2)(-0⅜' Fla. -Stc&-(-20,l-2-)v

This instruction was adopted in 2013 1123 So. 3d 541 and amended in 2017.

I

1 . The Committee's proposals in this case were initially filed in Case No. SC16-1184. Because the Committee's proposals contained a citation to the Fourth District Court of Appeal’s decision in Czajkowski v. State, 178 So.3d 498 (Fla. 4th DCA 2015), review discharged, 202 So.3d 40 (Fla. 2016), a case then pending before this Court, the Court severed the proposals from Case No. SC16-1184 and instructed the Committee to resubmit the proposals when the case became final.

2 . The amendments as reflected in the appendix are to the Criminal Jury Instructions as they appear on the Court's website at www.floridasupremecourt.org /jury_instruc-tions/instructions.shtml. We recognize that there may be minor discrepancies between the instructions as they appear on the website and the published versions of the instructions. Any discrepancies as to instructions authorized for publication and use after October 25, 2007, should be resolved by reference to the published opinion of this Court authorizing the instruction.