Malfeasance
Definition:
Malfeasance refers to the intentional commission of an unlawful or wrongful act, especially by a public official or person in authority. It involves the misuse of power or position to perform an act that is illegal or morally wrong. The term distinguishes deliberate misconduct from mere negligence or mistake.
Malfeasance Information
Malfeasance is a serious form of misconduct that typically arises in government, corporate, or fiduciary settings. It occurs when an individual in a position of trust intentionally acts in a way that violates the law or the duties of their office. Examples include bribery, fraud, embezzlement, or abuse of authority for personal gain.
Unlike **misfeasance** (improperly performing a lawful act) or **nonfeasance** (failure to act when required), malfeasance involves an intentional wrongful act. It can result in both civil liability and criminal charges, depending on the nature of the offense.
Florida Legal Definition
Under **Florida law**, malfeasance is recognized as the **intentional performance of an unlawful or wrongful act by a public official in the execution of their duties**. It is addressed in various Florida Statutes, including **Section 838.022, Florida Statutes**, which covers official misconduct.
Public officials or employees who commit malfeasance may face disciplinary action, removal from office, and criminal prosecution. Florida courts treat malfeasance as a breach of public trust, emphasizing accountability and integrity in public service.
How It’s Used in Practice
In practice, malfeasance is most often alleged in cases involving government officials, corporate executives, or fiduciaries.
- Public officials may be accused of malfeasance for accepting bribes or misusing public funds.
- Corporate officers can face claims for deliberately violating laws or company policies for personal benefit.
- In Florida municipalities, allegations of malfeasance can trigger ethics investigations or removal proceedings.
- Malfeasance can serve as grounds for civil lawsuits, criminal charges, or administrative penalties.
- Whistleblower protections often apply when malfeasance is reported by employees or citizens.
Key Takeaways
- Malfeasance is the intentional commission of an unlawful or wrongful act by someone in a position of authority.
- It differs from misfeasance (improper performance) and nonfeasance (failure to act).
- In Florida, it is governed by statutes such as Section 838.022, Florida Statutes, addressing official misconduct.
- Acts of malfeasance can lead to criminal, civil, and administrative consequences.
- Maintaining transparency and ethical behavior helps prevent malfeasance in both public and private sectors.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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