Florida Statute 104.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.011

104.011 False swearing; submission of false voter registration information; prosecution prohibited.—

(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person may not be charged or convicted for a violation of this section for affirming that he or she has not been convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have occurred on or after January 8, 2019, but before July 1, 2019.

History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870, 1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13; s. 26, ch. 2019-162.

F.S. 104.011 on Google Scholar

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Amendments to 104.011

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.011

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

S104.011 - FRAUD - RENUMBERED. SEE REC # 8756 - F: T

S104.011 - PERJURY - RENUMBERED. SEE REC # 8755 - F: T

S104.011 1 - PERJURY - FALSE SWEAR OATH AFFIRM OR PROCURE ANOTHER FOR - F: T

S104.011 2 - FRAUD - SUBMIT FALSE VOTER REGISTRATION OR INFORMATION - F: T

Cases Citing Statute 104.011

Total Results: 13

Clean-Up '84 v. Heinrich

582 F. Supp. 125

District Court, M.D. Florida | Filed: Mar 5, 1984 | Docket: 2470221

Cited 11 times | Published

their duties relating to elections. Fla.Stat. § 104.11. Other portions of the code reveal that the election

Russ v. State

832 So. 2d 901, 2002 WL 31833714

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1700078

Cited 10 times | Published

or elections (Count III), in violation of section 104.011, Florida Statutes (1999); and 4) by committing

Maloney v. Kirk

212 So. 2d 609

Supreme Court of Florida | Filed: Jul 2, 1968 | Docket: 1513493

Cited 9 times | Published

the legislature has enacted many statutes. "Section 104.11, Florida Statutes, defines as a felony the

League of Women Voters v. Browning

863 F. Supp. 2d 1155, 2012 U.S. Dist. LEXIS 91432

District Court, N.D. Florida | Filed: May 31, 2012 | Docket: 65981548

Cited 4 times | Published

the law; the form is just wrong. See Fla. Stat. § 104.011 (2011) (making it a crime to “willfully” submit

In Re Cone Constructors, Inc.

265 B.R. 302, 14 Fla. L. Weekly Fed. B 331, 2001 Bankr. LEXIS 985, 2001 WL 881214

United States Bankruptcy Court, M.D. Florida | Filed: Jun 14, 2001 | Docket: 1470776

Cited 4 times | Published

by the Bankruptcy Act and that § 64, 11 U.S.C. § 104, 11 U.S.C.A. § 104, which prescribes priorities for

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

application for voter registration in violation of section 104.011(1), and voting by an unqualified elector in

State of Florida v. Peter Washington, Jr.

District Court of Appeal of Florida | Filed: Feb 21, 2025 | Docket: 69660853

Published

application for voter registration in violation of section 104.011(1), and voting by an unqualified elector in

The State of Florida v. Ronald Lee Miller

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950661

Published

011(1) and 104.15 of the Florida Statutes. Section 104.011(1) reads in relevant part as follows: “A person

State of Florida v. Terry Hubbard

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950379

Published

affirmation in connection with an election under section 104.011(1), Florida Statutes (2020), and voting by

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

voter registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any election”

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

voter registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any election”

State v. Brown

298 So. 2d 487, 1974 Fla. App. LEXIS 8920

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 64540553

Published

to be limited to state or county elections. Section 104.011, relating to false swearing or procurement

State v. Parsons

302 So. 2d 766, 1974 Fla. App. LEXIS 8468

District Court of Appeal of Florida | Filed: Jul 26, 1974 | Docket: 64542361

Published

Defendant, Appellee herein, was charged under Section 104.011, Florida Statutes, with false swearing by taking