The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.271

104.271 False or malicious charges against, or false statements about, opposing candidates; penalty.—

(1) Any candidate who, in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 and, in addition, after conviction shall be disqualified to hold office.

(2) Any candidate who, in a primary election or other election, with actual malice makes or causes to be made any statement about an opposing candidate which is false is guilty of a violation of this code. An aggrieved candidate may file a complaint with the Florida Elections Commission pursuant to s. 106.25. The commission shall adopt rules to provide an expedited hearing of complaints filed under this subsection. Notwithstanding any other provision of law, the commission shall assess a civil penalty of up to $5,000 against any candidate found in violation of this subsection, which shall be deposited to the account of the General Revenue Fund of the state.

History.—s. 44, ch. 28156, 1953; s. 48, ch. 71-136; s. 27, ch. 77-104; s. 35, ch. 77-175; s. 1, ch. 85-210; s. 627, ch. 95-147; s. 44, ch. 97-13.

F.S. 104.271 on Google Scholar

F.S. 104.271 on Casetext

Amendments to 104.271

Arrestable Offenses / Crimes under Fla. Stat. 104.271

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.271 - ELECTION LAWS - MALICIOUS CHARGES AGAINST OPPOSING CANDIDATE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC. v. AELION, LLC, v. v. v. v. v. G. v. L. v. v. KCC LLC, v. E. v. v. v. v. LLC, v. P. A. v. v. v. v. v. v. v. v. v. v. v. v., 251 So. 3d 950 (Fla. App. Ct. 2018)

. . . See also, § 104.271, Florida Statutes (2018), "False or malicious charges against, or false statements . . .

H. SHARKEY, v. FLORIDA ELECTIONS COMMISSION,, 90 So. 3d 937 (Fla. Dist. Ct. App. 2012)

. . . The issue before the ALJ was whether Sharkey violated section 104.271(2), Florida Statutes (2009), by . . . The ALJ determined that the Florida Elections Commission proved that Shar-key violated section 104.271 . . .

BROWN, v. STATE COMMISSION ON ETHICS,, 969 So. 2d 553 (Fla. Dist. Ct. App. 2007)

. . . shown that it understands the precise meaning of this term by using it in the proper context in section 104.271 . . . The Legislature plainly understood when it enacted section 104.271(2) that a statute regulating pure . . .

J. A. MALONEY, v. R. KIRK, Jr., 212 So. 2d 609 (Fla. 1968)

. . . Sections 104.071 and 104.271 each suggest that convictions for violations thereof will disqualify a prospective . . . In this respect it is interesting to compare §§ 104.071 and 104.271 of the Election Code with the penalty . . . Sections 104.071 and 104.271 each provide that any candidate found guilty of violating the provisions . . .