Bribery is the offering, giving, soliciting, or receiving of something of value in order to influence the actions of a person who holds a public or legal duty (often someone in public office or government). To prove the crime of bribery, the prosecution must demonstrate that there was a quid pro quo exchange in which the recipient (public official) changed or altered his behavior in exchange for the gift (bribe). The quid pro quo relationship between the gift given and the action taken must be clear and direct. For this reason, campaign donations to political candidates generally do not constitute bribery.
In Florida, bribery is addressed under various statutes, including the Florida Statutes Title XLVI Chapter 838, which encompasses offenses related to public officers and employees. Bribery involves corruptly giving, offering, or promising to any public servant, or, if a public servant, corruptly requesting, soliciting, accepting, or agreeing to accept any benefit with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty. The law requires a clear quid pro quo, meaning there must be an evident exchange of the item of value for a specific action by the public official. The statutes make it a second-degree felony to commit bribery, which carries severe penalties including fines and imprisonment. Campaign contributions are regulated under separate campaign finance laws and are not considered bribery as long as they comply with those regulations and there is no explicit quid pro quo arrangement.