Fla. Std. Jury Instr. (Crim.) 19.6

§ 838.016(2), Fla. 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] a pecuniary or other benefit from (person making bribe).

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

Give 3a or 3b as applicable.

a. [(Person making bribe) believed to be

[within the official discretion of (name of public servant)].]

[in violation of a public duty of (name of public servant)].]

[in performance of a public duty of (name of public servant)].]

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

[within the official discretion of (name of public servant)].]

[in violation of the public duty of (name of public servant)].]

[in performance of the public duty of (name of public servant)].]

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

Definitions.

§ 838.014(7)(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. § 838.014(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 yet 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 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. Czajkowski 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 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.

§ 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.

§ 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 applicable.

§ 838.016(3), Fla. Stat.

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.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.