Arrestable Offenses / Crimes under Fla. Stat. 104.011
S104.011 - PERJURY - RENUMBERED. SEE REC # 8755 - F: T
S104.011 - FRAUD - RENUMBERED. SEE REC # 8756 - F: T
CopyCited 11 times | Published | District Court, M.D. Florida
their duties relating to elections. Fla.Stat. §
104.11. Other portions of the code reveal that the election
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833714
...lorida Statutes (1999); 3) by false swearing between February 1 and March 11, 1999, by procuring Onterrio Ward to swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections (Count III), in violation of section 104.011, Florida Statutes (1999); and 4) by committing fraud in connection with casting a vote on March 11, 1999, by perpetrating, attempting to perpetrate, or aiding in the perpetration of fraud in connection with a vote cast, to be cast, or...
CopyCited 9 times | Published | Supreme Court of Florida
the legislature has enacted many statutes. "Section
104.11, Florida Statutes, defines as a felony the
CopyCited 4 times | Published | District Court, N.D. Florida | 2012 U.S. Dist. LEXIS 91432
...35-8 (stating that “false registration” and “submission of false voter registration information” are crimes punishable by up to five years in prison and omitting any reference to the requirement that a violation be knowing or willful). This is not the law; the form is just wrong. See Fla. Stat. § 104.011 (2011) (making it a crime to “willfully” submit false voter-registration information or “willfully” to procure another person to do so — but not to unknowingly submit false information provided by an applicant)....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 331, 2001 Bankr. LEXIS 985, 2001 WL 881214
by the Bankruptcy Act and that § 64, 11 U.S.C. § 104, 11 U.S.C.A. § 104, which prescribes priorities for
CopyPublished | Court of Appeals for the Eleventh Circuit
...We first address the vagueness challenge. To register to vote in Florida, a
person must affirm that he is not disqualified from voting because of a felony
conviction. And it is a crime for a person to “willfully submit[] any false voter
registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any
election” “knowing he or she is not a qualified elector,” id....
...The challenged laws are not vague. Felons and law enforcement can discern
from the relevant statutes exactly what conduct is prohibited: a felon may not vote
or register to vote if he knows that he has failed to complete all terms of his
criminal sentence. See Fla. Stat. §§
104.011(2),
104.15,
98.0751(1)–(2)....
...results in severe
consequences,” possibly including “an arrest for a voting violation.” Jordan
Dissent at 169 (internal quotation marks omitted). Never mind the fact that no
felon who honestly believes he has completed the terms of his sentence commits a
crime by registering and voting, see Fla. Stat. §§
104.011(2),
104.15 (establishing
scienter requirements for voting violations), and that at least 85,000 felons felt the
law was clear enough for them to go ahead and register....
...111
Case: 20-12003 Date Filed: 09/11/2020 Page: 112 of 200
Under Florida law, making a false affirmation in connection with voting, as
well as fraud in connection with voting, are criminal offenses. See Fla. Stat. §§
104.011 (false affirmation in connection with voting) &
104.041 (fraud in
connection with casting vote)....
...affirmation in
connection with voting. Florida downplays this risk, proclaiming that felons should
rest assured that they will not be convicted if they registered in good faith because
willfulness must be shown to prove a violation of Fla. Stat. § 104.011....
CopyPublished | Court of Appeals for the Eleventh Circuit
...We first address the vagueness challenge. To register to vote in Florida, a
person must affirm that he is not disqualified from voting because of a felony
conviction. And it is a crime for a person to “willfully submit[] any false voter
registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any
election” “knowing he or she is not a qualified elector,” id....
...The challenged laws are not vague. Felons and law enforcement can discern
from the relevant statutes exactly what conduct is prohibited: a felon may not vote
or register to vote if he knows that he has failed to complete all terms of his
criminal sentence. See Fla. Stat. §§
104.011(2),
104.15,
98.0751(1)–(2)....
...results in severe
consequences,” possibly including “an arrest for a voting violation.” Jordan
Dissent at 169 (internal quotation marks omitted). Never mind the fact that no
felon who honestly believes he has completed the terms of his sentence commits a
crime by registering and voting, see Fla. Stat. §§
104.011(2),
104.15 (establishing
scienter requirements for voting violations), and that at least 85,000 felons felt the
law was clear enough for them to go ahead and register....
...111
Case: 20-12003 Date Filed: 09/11/2020 Page: 112 of 200
Under Florida law, making a false affirmation in connection with voting, as
well as fraud in connection with voting, are criminal offenses. See Fla. Stat. §§
104.011 (false affirmation in connection with voting) &
104.041 (fraud in
connection with casting vote)....
...affirmation in
connection with voting. Florida downplays this risk, proclaiming that felons should
rest assured that they will not be convicted if they registered in good faith because
willfulness must be shown to prove a violation of Fla. Stat. § 104.011....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8468
Defendant, Appellee herein, was charged under Section
104.011, Florida Statutes, with false swearing by taking
CopyPublished | Florida 3rd District Court of Appeal
...3
BACKGROUND
The Office of Statewide Prosecution charged Miller by information with
one count of making false affirmations in connection with an election and one
count of voter fraud, pursuant to sections
104.011 and
104.15, Florida
Statutes (2020)....
...y when elements of the charged
offenses are alleged to have occurred in more than one judicial circuit.
III. Construction of Section
16.56(1)(a) in conjunction with the
charged offenses
Miller was charged with violating sections
104.011(1) and
104.15 of
the Florida Statutes. Section
104.011(1) reads in relevant part as follows: “A
person who willfully swears or affirms falsely to any oath . . . in connection
with or arising out of voting or elections commits a felony . . . .” §
104.011(1),
Fla....
CopyPublished | Florida 4th District Court of Appeal
...Commonwealth Law School, Harrisburg, PA, for Amicus Curiae State
Constitutional Law Scholars G. Alan Tarr, Robert F. Williams, and Quinn
Yeargain.
KUNTZ, J.
The Office of the Statewide Prosecutor charged Terry Hubbard with
false affirmation in connection with an election under section
104.011(1),
Florida Statutes (2020), and voting by an unqualified elector under section
104.15, Florida Statutes (2020)....
...ded interview in front of
his residence regarding his voter registration and subsequent voting.
Hubbard was charged by amended information with providing false
affirmation in connection with an application for voter registration in
violation of section
104.011(1), and voting by an unqualified elector in
violation of section
104.15....
CopyPublished | Florida 6th District Court of Appeal
...The Hubbard majority concluded the
OSP had both occurrence and newly expanded effects jurisdiction (as we have
labeled them) to prosecute Hubbard’s alleged voting crimes. As in Miller, the OSP
charged Hubbard “with providing false affirmation in connection with an application
for voter registration in violation of section
104.011(1), and voting by an unqualified
elector in violation of section
104.15.” 392 So....
CopyPublished | Florida 6th District Court of Appeal
...The Hubbard majority concluded the
OSP had both occurrence and newly expanded effects jurisdiction (as we have
labeled them) to prosecute Hubbard’s alleged voting crimes. As in Miller, the OSP
charged Hubbard “with providing false affirmation in connection with an application
for voter registration in violation of section
104.011(1), and voting by an unqualified
elector in violation of section
104.15.” 392 So....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8920
to be limited to state or county elections. Section
104.011, relating to false swearing or procurement
